Terms and Conditions: Braintiq

2.1. "Company" refers to OmnitechWorks (Pty) Ltd, the owner and operator of the AI platform, Braintiq.

2.2. "Platform" refers to the Braintiq AI software, website, applications and related services provided by the Company.

2.3. "User" means any individual accessing or using the platform, whether on a free or paid basis.

2.4. "Licensee" means any institution or organisation that has entered into a licensing agreement with the Company for multi-user access.

2.5. "Subscription" refers to the paid access model offered to users, whether monthly or annually.

2.6. "Fees" means all charges payable by users or licensees for access to the platform, as set out in applicable invoices or agreements.

2.7. "Support team" refers to the Company's designated customer service and technical support personnel.

2.8. "Agreement" means the Terms and Conditions, together with any additional written contracts entered into between the Company and a User or Licensee.

5.1. Pricing models include:

• Individual subscriptions (monthly or annual)
• Institutional licensing (multi-user access) at R250–R350 per student/year

5.2. Payment terms:

• Payments must be made in accordance with the agreed upon invoicing schedules
• Accepted methods include EFT, debit/credit card, or other approved channels

5.3. Late payments:

• Late payments may attract interest in terms of the Prescribed Rate of Interest Act 55 of 1975
• The company reserves the right to suspend access until outstanding amounts are settled

6.1. Users may cancel subscriptions by providing notice at least 30 days before the next billing cycle, unless otherwise agreed.

6.2. Refunds are only granted where required by law or expressly stated in promotional or contractual terms.

6.3. Refund requests must be submitted in writing to the company's support team within 7 days of the event giving rise to the claim.

6.4. Where applicable, consumers may exercise cooling-off rights under the Consumer Protection Act, which allows cancellation within 7 days of purchase for certain transactions.

7.1. License grant

• Institutional licensees are granted a limited, non-transferable license to provide student access to the platform, subject to agreed usage limits

7.2. Company rights

The company may define:

• User limits (e.g., maximum number of concurrent users per license)
• Scope of access such as modules, features, or content available
• Administrative controls inclusive of reporting, monitoring, and account management

8.1. All rights in the platform, including software, content, and trademarks, remain the property of the company.

8.2. No rights are transferred except for a limited right of use.

8.3. Users may not copy, modify, distribute, or reverse-engineer the platform.

10.1. In the event of breach, the company may:

• Suspend access
• Terminate agreements
• Claim damages

10.2. Penalties are subject to the Conventional Penalties Act 15 of 1962.

12.1. In the event of conflict, the parties involved shall attempt to resolve disputes through negotiation.

12.2. If unresolved, disputes may be referred to mediation or arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), unless otherwise agreed.

12.3. Only if mediation or arbitration fails may disputes proceed to litigation.

15.1. Non-Variations (Shifren Clause): Changes must be in writing and signed by both parties.

15.2. Severability: Invalid clauses do not affect the remainder of this Agreement.

15.3. Entire Agreement: These terms and conditions constitute the full agreement, superseding all prior communication.