Software Usage Agreement

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise:

• 1.1 “The Platform” means the LegalCaseManager software-as-a-service application, accessible at legalcasemanager.co.za, including all associated tools, modules, and features provided thereunder.
• 1.2 “The Provider” means LegalCaseManager (Pty) Ltd, a private company duly incorporated in accordance with the laws of the Republic of South Africa, its successors in title and assigns.
• 1.3 “The User” means any natural or juristic person who has registered as a subscriber of the Platform and accepted the terms of this Agreement.
• 1.4 “Active Case” means any legal matter created on the Platform by the User that has not been marked as closed or archived in accordance with the procedures prescribed by the Provider.
• 1.5 “Agreement” means this Software Usage Agreement, together with any schedules, annexures, and amendments from time to time.
• 1.6 “Subscription Fee” means the monthly recurring amount payable by the User in accordance with the plan selected.
• 1.7 “Setup Fee” means the once-off amount of R5,000 (five thousand Rand) payable before onboarding.

2.1 Subject to the User’s continued compliance with this Agreement and timely payment of all applicable fees, the Provider hereby grants to the User a non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the User’s internal professional or business purposes.

2.2 The licence granted hereunder is strictly personal to the User. The User may not assign, sublicense, rent, lease, sell, or otherwise transfer the licence or any rights hereunder, whether in whole or in part, without the prior written consent of the Provider.

2.3 The User expressly agrees that it shall not, whether directly or indirectly, and shall not permit any third party to:

• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform;
• copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Platform;
• modify, adapt, translate, or create derivative works based on the Platform;
• remove, alter, or obscure any proprietary notices, labels, or marks on the Platform;
• use the Platform to develop a competing product or service.

2.4 All right, title, and interest in and to the Platform, including all intellectual property rights, shall remain the exclusive property of the Provider.

3.1 The User shall pay the Subscription Fee on a monthly basis in accordance with the plan selected at registration, as published on the Platform from time to time.

3.2 In addition to the Subscription Fee, the User shall pay an amount of R89 (eighty-nine Rand) per month per Active Case exceeding the number of cases included in the User’s subscription plan. Closed or archived cases shall not attract this fee.

3.3 A once-off Setup Fee of R5,000 (five thousand Rand) is payable by the User prior to the commencement of onboarding. The Setup Fee includes a Zoom onboarding call, a digital user manual, and the configuration of the User’s account and initial case setup. The Setup Fee is non-refundable once onboarding has commenced.

3.4 All payments shall be due and payable before the last day of each calendar month to which the subscription relates.

3.5 The User shall be afforded a grace period of seven (7) calendar days from the due date within which to make payment without penalty.

3.6 Should the User fail to effect payment within the aforementioned grace period, the Provider shall be entitled, without prejudice to any of its other rights in law, to immediately suspend the User’s access to the Platform.

3.7 In order to restore access following suspension, the User shall settle all outstanding amounts and pay a reconnection fee of R2,500 (two thousand five hundred Rand), which fee shall include a consultation call with a member of the Provider’s support team to review the User’s account status.

3.8 All fees set out in this Agreement are exclusive of Value-Added Tax (VAT) unless specifically stated to be inclusive thereof. The User shall be liable for any and all applicable taxes, levies, and duties.

4.1 The User shall retain exclusive ownership of all case data, documents, witness statements, notes, recordings, and any other content uploaded by the User to the Platform (collectively, “User Data”).

4.2 The Provider undertakes that it shall not access, use, share, or sell User Data to any third party, save to the extent strictly necessary to provide the services contemplated by this Agreement or where compelled to do so by law or an order of a competent court.

4.3 User Data shall be encrypted at rest and in transit in accordance with industry-standard cryptographic protocols.

4.4 Two-factor authentication shall be made available to the User as an optional security measure to enhance the protection of the User’s account.

4.5 The User may request a full export of the User Data at any time during the currency of this Agreement, subject to reasonable security verification procedures prescribed by the Provider.

5.1 The User may cancel its subscription at any time by delivering written notice of cancellation to the Provider via email or through the cancellation functionality on the Platform.

5.2 Upon receipt of a valid notice of cancellation, the User’s account shall be frozen, and the User shall thereafter have read-only access to the User Data for a period of six (6) months (the “Retention Period”).

5.3 During the Retention Period, the User may request a full export of the User Data.

5.4 Upon expiry of the Retention Period, all User Data shall be permanently and irrevocably deleted from the Provider’s systems. Such deletion shall be final and the Provider shall have no obligation to recover or reinstate the deleted data under any circumstances.

5.5 The Provider shall deliver advance written notice of the pending deletion at intervals of 30 (thirty) days, 7 (seven) days, and 1 (one) day prior to the scheduled deletion date, to the email address registered by the User.

6.1 The Platform is provided as a software tool and case management application only. It is expressly acknowledged and agreed that the Platform does NOT constitute the provision of legal advice.

6.2 No attorney-client relationship, fiduciary relationship, or agency relationship is created between the Provider and the User by reason of this Agreement or the User’s use of the Platform.

6.3 The User is strongly advised to consult a duly qualified legal practitioner in respect of any legal matter, opinion, or decision. The User shall not rely on the Platform as a substitute for professional legal counsel.

6.4 The Provider shall under no circumstances be liable for any legal outcome, court ruling, settlement, or consequence arising from or in connection with the User’s use of the Platform.

6.5 The Platform is provided on an “as is” and “as available” basis without warranty of any kind, whether express, implied, or statutory, including (without limitation) warranties of merchantability, fitness for a particular purpose, accuracy, availability, or non-infringement.

6.6 To the maximum extent permitted by applicable law, the Provider’s aggregate liability to the User for any and all claims arising out of or in connection with this Agreement shall be limited to the total fees actually paid by the User to the Provider in the three (3) months immediately preceding the event giving rise to the claim.

The User undertakes and agrees that it shall not:

• 7.1 use the Platform for any unlawful, fraudulent, defamatory, or otherwise improper purpose;
• 7.2 attempt, whether directly or indirectly, to access any account, case data, or content belonging to another User of the Platform;
• 7.3 share, disclose, or permit the use of its login credentials by any third party whomsoever;
• 7.4 upload or transmit any content that is unlawful, infringing of third-party rights, or harmful to the Platform’s integrity or security.

Any breach of this clause 7 shall entitle the Provider, in its sole discretion, to immediately terminate the User’s access to the Platform without refund of any fees paid.

8.1 This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of the Republic of South Africa.

8.2 The Parties irrevocably submit to the exclusive jurisdiction of the Gauteng Division of the High Court, Pretoria in respect of any dispute or claim arising hereunder, save that the Provider shall retain the right to institute proceedings against the User in any other competent court of appropriate jurisdiction.

9.1 The Provider reserves the right, in its sole discretion, to amend, modify, or replace the terms of this Agreement from time to time.

9.2 Any such amendment shall be communicated to the User in writing not less than 30 (thirty) days prior to the effective date of the amendment.

9.3 The User’s continued use of the Platform following the effective date of any such amendment shall constitute the User’s acceptance of the amended terms. Should the User not wish to accept the amended terms, the User’s sole remedy shall be to cancel the subscription in accordance with clause 5 of this Agreement.

By registering an account on the Platform, ticking the acceptance box during the registration process, and/or otherwise accessing or using the Platform, the User hereby acknowledges, confirms, and warrants that the User has read, understood, and agrees to be bound by the terms of this Agreement in its entirety.

If the User is entering into this Agreement on behalf of a juristic person, the individual accepting this Agreement warrants and represents that they have the requisite authority to bind such juristic person to the terms hereof.