Terms of Service
Welcome to Graphite Labs. By downloading, installing, or using any Graphite Labs application, you agree to be bound by these Terms of Service. Please read them carefully, including the Dispute Resolution and Arbitration provisions in Section 10. If you do not agree, do not use our apps.
Contents
1. About Graphite Labs
Graphite Labs is a small, independent studio based in South Africa, designing and engineering deliberate mobile software for iOS and Android. These terms govern your use of all Graphite Labs mobile applications and any associated services (collectively, the “Services”).
2. Eligibility
The Services are intended for individuals aged 13 and older. By using our apps, you represent and warrant that:
- You are at least 13 years of age.
- You have the legal capacity to enter into a binding agreement in your jurisdiction.
- Your use of the Services does not violate any applicable law or regulation where you reside.
If you are under 18, you must have permission from a parent or guardian to use the Services. We do not knowingly permit children under 13 to use our Services. If we become aware that an account is held by a child under 13, we will suspend and delete it without notice.
3. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorised access. You agree to provide accurate, current, and complete information when creating your account and to keep it updated. We reserve the right to suspend or terminate accounts that violate these terms or provide false information.
4. Licence and Permitted Use
Subject to your compliance with these terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to download and use our apps for your own personal, non-commercial purposes.
This licence does not permit you to:
- Reverse-engineer, decompile, or disassemble any app or its components.
- Use automated tools to scrape, harvest, or extract data from our apps.
- Attempt to gain unauthorised access to our systems or other users’ data.
- Use any app in a way that could damage, disable, or impair its operation.
- Redistribute, sell, or sublicense any app or its content to third parties.
- Use the Services on behalf of any third party without our express written consent.
We reserve the right to revoke this licence at any time if you breach these terms.
5. In-App Purchases & Subscriptions
Some of our apps may offer free and paid tiers. If you subscribe to a paid plan:
- Subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before the renewal date.
- To cancel, follow the process through your App Store (Apple) or Google Play account. Cancellation takes effect at the end of your current billing period; access continues until then.
- Refunds are handled in accordance with App Store (Apple) or Play Store (Google) policies.
- We reserve the right to change pricing any time.
- Downgrading to a free tier results in loss of premium features at the end of the current billing period, as specified in the app at the time of downgrade.
6. Disclaimers
Our Services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We specifically disclaim any warranty that our apps will be uninterrupted, error-free, or completely secure.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Graphite Labs and its developers, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, including but not limited to loss of data, loss of profits, or property damage, even if advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising under or related to these terms shall not exceed the greater of (a) the total amount you paid for the Services in the 12 months preceding the claim, or (b) ZAR 200.00.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold harmless Graphite Labs and its developers, officers, employees, contractors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use or misuse of the Services.
- Your violation of these Terms of Service.
- Your violation of any applicable law or regulation.
- Any content you submit, post, or transmit through the Services.
9. Termination
We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including violation of these terms or conduct that poses a security, legal, or reputational risk. Upon termination, your licence to use the Services is immediately revoked. Provisions that by their nature should survive termination:including limitations of liability, indemnification, and dispute resolution:will continue to apply.
10. Dispute Resolution & Arbitration
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
Agreement to Arbitrate
You and Graphite Labs agree that any dispute, claim, or controversy arising out of or relating to these terms or the Services (collectively, “Disputes”) shall be resolved exclusively by binding individual arbitration administered under the rules of the Arbitration Foundation of Southern Africa (“AFSA”), except as provided below.
Class Action Waiver
You and Graphite Labs each waive any right to pursue any Dispute as a class action, collective action, or in any other representative capacity. Arbitration will be conducted on an individual basis only.
Seat of Arbitration
The seat and venue of arbitration shall be Johannesburg, South Africa. Proceedings shall be conducted in English.
Informal Resolution First
Before initiating arbitration, you agree to first contact us at [email protected] with a written description of your Dispute. We will attempt to resolve it informally within 30 days. If unresolved, either party may initiate arbitration under AFSA rules.
Opt-Out Right
You may opt out of this arbitration agreement within 30 days of first accepting these terms by sending written notice to [email protected] with the subject line “Arbitration Opt-Out.” All other provisions of these terms remain in full effect if you opt out.
11. Force Majeure
Graphite Labs shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including internet or telecommunications failures, natural disasters, government actions, load shedding or power infrastructure failures, cyberattacks, or third-party service outages. We will resume the Services as promptly as reasonably practicable.
12. Modification or Discontinuation
We reserve the right, at any time and without liability to you, to modify, suspend, or discontinue any feature or the Services entirely. We will endeavour to provide reasonable advance notice of material changes or discontinuation where practicable. You agree that Graphite Labs shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
13. Changes to These Terms
We may update these Terms of Service from time to time. We will notify you of material changes via the app or the email address associated with your account. Continued use of our Services after changes take effect constitutes your acceptance of the revised terms. If you do not agree to a material change, your only remedy is to stop using the Services and delete your account.
14. Governing Law
These Terms of Service are governed by the laws of the Republic of South Africa, without regard to its conflict of law principles. To the extent that any claim is not subject to arbitration under Section 10, you and Graphite Labs consent to the exclusive jurisdiction of the courts of the Western Cape, South Africa.
15. General Provisions
Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Graphite Labs with respect to the Services and supersede all prior agreements and understandings.
Severability
If any provision of these terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions continue in full force and effect.
No Waiver
Our failure to enforce any provision of these terms shall not constitute a waiver of our right to enforce it in the future.
Assignment
You may not assign or transfer any rights or obligations under these terms without our prior written consent. We may assign our rights and obligations freely.
16. Contact
Questions about these Terms of Service?