Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legal agreement between you ("User", "you", or "your") and Lominy (registration pending, Pretoria, South Africa) ("Lominy", "we", "our", or "us"). By accessing or using our website (lominy.co.za) and TagFlow service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our services. These Terms comply with the Electronic Communications and Transactions Act, 2002 (ECTA) and the Consumer Protection Act, 2008 (CPA) of South Africa.

2. Definitions

• "Services" means TagFlow platform and 3D printing services offered by Lominy
• "TagFlow" means our SaaS platform for NFC tag management and tracking
• "Account" means your registered user account on TagFlow
• "Content" means any data, information, or materials uploaded or created through Services
• "Subscription" means your paid or free plan for accessing TagFlow

3. Description of Services

3.1 TagFlow Platform

TagFlow is a Software-as-a-Service (SaaS) platform that enables businesses to:

• Manage NFC tags and track customer engagement
• Create digital experiences linked to physical products
• Monitor scan analytics and customer behavior
• Build recurring revenue from 3D printed products

3.2 3D Printing Services

We offer custom 3D printing services including NFC-enabled products. These services are subject to separate quotations and may have additional terms specific to each order.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services with reasonable notice. We will notify users of material changes via email or through the platform.

4. User Accounts and Registration

4.1 Account Creation

To use TagFlow, you must create an account by providing:

• A valid email address
• A secure password
• Accurate business information (if applicable)

4.2 Account Responsibilities

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your account credentials
• Promptly update your account information to keep it accurate
• Accept full responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account
• Be at least 18 years old or have parental/guardian consent

4.3 Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms or applicable laws
• Engage in fraudulent activity or abuse
• Fail to pay applicable fees
• Use the Services in a manner that harms Lominy or other users

You may terminate your account at any time through account settings or by contacting support@lominy.co.za. See our Refund & Cancellation Policy for details on data retention after termination.

5. Subscription Plans and Pricing

5.1 Available Plans

TagFlow offers the following subscription plans:

• Free Forever Plan: 10 NFC tags, 100 scans per month, basic analytics
• Pro Plan: $19/month (USD) - Unlimited tags and scans, advanced analytics, priority support
• Enterprise Plan: Custom pricing - White-label solutions, dedicated support, custom integrations

Current pricing is available at lominy.co.za/pricing. Prices are subject to change with 30 days' notice to existing subscribers.

5.2 Launch Special Offer

The first 100 TagFlow users receive Pro features free for 3 months. This promotional offer:

• Requires no credit card during the promotional period
• Automatically converts to Free Plan after 3 months if no payment method is added
• Is subject to eligibility verification and may be modified or terminated

5.3 Price Changes

We may change subscription prices with 30 days' written notice. Existing subscribers will be notified via email and have the option to cancel before the new pricing takes effect.

6. Payment Terms

6.1 Payment Processing and Merchant of Record

All payments are processed through Paddle.com Market Limited ("Paddle"), who acts as our Merchant of Record. This means:

• Paddle is the seller of record for your subscription purchase
• Paddle will appear on your credit card or bank statement
• Paddle handles all payment processing, tax calculation, collection, and remittance globally
• Your purchase is subject to Paddle's Terms of Service: paddle.com/legal/terms
• Paddle's Privacy Policy applies to payment data: paddle.com/legal/privacy
• Paddle is PCI-DSS Level 1 certified for secure payment processing

While Paddle handles payment processing and tax compliance, Lominy remains responsible for service delivery, customer support, and all non-payment aspects of your subscription. For payment-specific issues (failed transactions, payment method updates), you may need to contact Paddle directly.

6.2 Billing Cycle

Pro Plan subscriptions are billed monthly on the date you subscribe. For example, if you subscribe on the 15th, you will be billed on the 15th of each subsequent month. If a billing date falls on a date that doesn't exist in a given month, billing occurs on the last day of that month.

6.3 Failed Payments

If a payment fails:

• You will receive an email notification with instructions
• You have 7 days to update your payment method
• After 7 days, your account may be suspended
• After 30 days total, your data may be deleted (see data retention policy)

6.4 Taxes and VAT

Paddle, as Merchant of Record, automatically calculates, collects, and remits all applicable taxes (including VAT, sales tax, GST) based on your location and local tax regulations. The price displayed at checkout will include any required taxes for your jurisdiction.

Lominy is not VAT registered in South Africa. All tax compliance for subscription payments is handled by Paddle in accordance with global tax regulations. You will receive tax invoices from Paddle for your records.

7. Refunds and Cancellations

7.1 Consumer Protection Act - Cooling-Off Period

In accordance with the Consumer Protection Act, 2008 (CPA), South African consumers have the right to cancel their subscription within 5 (five) business days of the initial purchase without providing a reason. To exercise this right, contact support@lominy.co.za within 5 business days of your subscription date. A full refund will be processed within 30 days.

7.2 After Cooling-Off Period

After the 5-day cooling-off period, Pro Plan subscriptions are non-refundable, except in exceptional circumstances (service outages, billing errors, or unauthorized charges). You may cancel at any time, and your access will continue until the end of your current billing period. No partial refunds are provided for unused time.

We strongly encourage all users to start with our Free Forever plan to test TagFlow before upgrading to Pro. For complete details, see our Refund & Cancellation Policy.

8. Acceptable Use Policy

8.1 Prohibited Activities

You agree not to:

• Use the Services for any unlawful purpose or in violation of any laws
• Impersonate any person or entity or misrepresent your affiliation
• Attempt to gain unauthorized access to our systems or other user accounts
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Upload or transmit viruses, malware, or other malicious code
• Use the Services to distribute spam, chain letters, or unsolicited communications
• Harvest or collect user information without consent
• Reverse engineer, decompile, or disassemble any part of the Services
• Resell, redistribute, or sublicense the Services without written permission
• Violate any applicable laws or regulations, including POPIA and CPA
• Use automated systems (bots, scripts) to access the Services without permission

8.2 Consequences of Violation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund. We reserve the right to investigate violations and cooperate with law enforcement authorities.

9. Intellectual Property Rights

9.1 Lominy Intellectual Property

The TagFlow platform, website content, logos, trademarks, and all related intellectual property are owned by Lominy and protected by South African and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without express written permission.

9.2 Your Content and Data

You retain all ownership rights to content and data you upload to TagFlow ("Your Content"). By using our Services, you grant us a limited, worldwide, non-exclusive, royalty-free license to:

• Host, store, and display Your Content
• Process and transmit Your Content as necessary to provide the Services
• Create backups and ensure data redundancy

This license terminates when you delete Your Content or terminate your account, subject to reasonable backup retention periods.

9.3 User Responsibility for Content

You represent and warrant that Your Content does not violate any third-party rights (including intellectual property rights) and complies with all applicable laws. You are solely responsible for Your Content.

10. Privacy and Data Protection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which complies with the Protection of Personal Information Act, 2013 (POPIA). By using our Services, you consent to our data practices as described in the Privacy Policy.

11. Service Availability and Support

11.1 Service Uptime

We strive to provide reliable service but do not guarantee uninterrupted or error-free access. The Services are provided on an "as available" basis. We may temporarily suspend the Services for:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Technical issues beyond our reasonable control

11.2 Customer Support

• Free Plan: Community support via email (48-hour response time)
• Pro Plan: Priority email support (24-hour response time during business days)
• Enterprise Plan: Dedicated account manager and priority phone support

Support is available in English. South African business hours apply (Monday-Friday, 09:00-17:00 SAST).

12. 3D Printing Services

12.1 Custom Orders

For custom 3D printing orders:

• Prices are quoted per project based on specifications
• Delivery times are estimates and may vary based on complexity
• You are responsible for providing accurate specifications and design files
• Orders cannot be cancelled once production has begun (usually within 24 hours)

12.2 Quality and Returns

We maintain high quality standards for all 3D printed products. If you receive a defective product:

• Notify us within 14 days of delivery
• Provide photos and description of the defect
• We will assess and offer replacement or refund at our discretion

Returns for non-defective custom orders are handled on a case-by-case basis. Contact sales@lominy.co.za for 3D printing inquiries.

13. Limitation of Liability

13.1 General Limitations

To the maximum extent permitted by South African law, Lominy, its directors, employees, and affiliates shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or content
• Unauthorized access to or alteration of your data

13.2 Maximum Liability

Our total liability for any claims arising from these Terms or use of Services shall not exceed the amount you paid to Lominy in the 12 months preceding the claim, or ZAR 1,000 (one thousand South African Rand), whichever is greater.

This limitation does not apply to liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be limited or excluded under South African law

13.3 Consumer Protection Act

Nothing in these Terms limits or excludes any rights you may have under the Consumer Protection Act, 2008 (CPA) that cannot be limited or excluded by law, including your right to fair and honest dealing, product quality, safety, and the right to cancel within the cooling-off period.

14. Warranties and Disclaimers

14.1 Service Disclaimer

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Error-free or uninterrupted operation
• Accuracy or reliability of results

14.2 Third-Party Services

We integrate with third-party services (e.g., Paddle for payments). We are not responsible for the performance, availability, or practices of third-party services. Your use of third-party services may be subject to separate terms.

15. Indemnification

You agree to indemnify, defend, and hold harmless Lominy, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights (including intellectual property rights)
• Your Content uploaded to the Services

16. Dispute Resolution and Governing Law

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to:

• Electronic Communications and Transactions Act, 2002 (ECTA)
• Consumer Protection Act, 2008 (CPA)
• Protection of Personal Information Act, 2013 (POPIA)

16.2 Jurisdiction

For South African customers: Any disputes arising from these Terms or use of Services shall be subject to the jurisdiction of the courts of Pretoria, South Africa.

For international customers: Disputes may be subject to the jurisdiction of courts in your local country, unless otherwise mutually agreed. However, the laws of South Africa shall continue to govern the interpretation of these Terms.

16.3 Dispute Resolution Process

Before pursuing legal action, you agree to:

1. Contact us at support@lominy.co.za to attempt informal resolution
2. Provide a written description of the dispute and desired resolution
3. Allow 30 days for good-faith negotiation

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather
• War, terrorism, civil unrest, or government action
• Power outages, telecommunications failures, or internet disruptions
• Pandemics, epidemics, or health emergencies
• Labor strikes or disputes

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on this page with a new "Last updated" date
• Sending email notifications to registered users
• Displaying a prominent notice on our website or platform

Changes become effective 30 days after notification for material changes, or immediately for non-material changes. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

19. Severability and Waiver

19.1 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

19.2 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Lominy.

20. Entire Agreement

These Terms, together with our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and Lominy regarding the Services and supersede all prior agreements and understandings.

21. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us:

• Company: Lominy (registration pending)
• Email: support@lominy.co.za
• Sales: sales@lominy.co.za
• Location: Pretoria, South Africa
• Website: https://lominy.co.za