Terms of Service

1. IMPORTANT NOTICE

These Terms of Service ("Terms", "Agreement", "Terms and Conditions" or "Terms of Service") govern your access to and use of the Cenarasoft website, software, applications, technology platforms, websites, CRM systems, communication tools, automation systems, marketing systems, artificial intelligence features, subscriptions, products, professional services, and related services provided by Cenarasoft Marketing and Software Solutions ("Cenarasoft", "we", "us", or "our").

Please read these Terms carefully before purchasing, accessing, or using our Services.

By visiting our website, submitting an enquiry, creating an account, accepting a quotation or proposal, purchasing a Service, subscribing to a recurring Service, signing an agreement, clicking an acceptance button, accessing a Cenarasoft-provided Sub-Account, or otherwise using the Services, you acknowledge that you have read, understood, and agreed to these Terms.

If you accept these Terms on behalf of a company, partnership, organisation, or other legal entity, you represent and warrant that you have the authority to legally bind that entity.

If you do not agree to these Terms, you must not access or use the Services.

These Terms should be read together with any applicable proposal, quotation, order form, statement of work, service agreement, subscription terms, invoice, acceptable-use policy, or other written agreement issued by Cenarasoft.

2. ABOUT CENARASOFT

Cenarasoft Marketing and Software Solutions provides business technology, software, automation, marketing, website, CRM, customer communication, artificial intelligence, implementation, consulting, and related business-growth services.

Our mission is to help businesses use technology intelligently to build stronger operations, better customer experiences, and sustainable growth.

Our vision is to build modern business systems that empower ambitious businesses to compete, grow, and create lasting value.

Our guiding philosophy is:

Built on Love. Guided by Cunning. Outfox the Competition.

3. DEFINITIONS

For purposes of these Terms:

"Cenarasoft" means Cenarasoft Marketing and Software Solutions.

"Client", "Customer", "You", or "Your" means the individual, business, organisation, or legal entity purchasing, accessing, or using the Services.

"Services" means all software, subscriptions, websites, marketing services, automation, CRM functionality, communication functionality, consulting, implementation, support, artificial intelligence functionality, integrations, hosting, technology services, and related products or services supplied by Cenarasoft.

"Platform" means any software environment, application, dashboard, CRM, website, customer portal, application, technology environment, or other digital environment made available by Cenarasoft.

"Sub-Account" means a client-specific account, workspace, environment, software account, or other account provisioned or managed by Cenarasoft under its technology infrastructure.

"Third-Party Services" means software, platforms, APIs, integrations, communication providers, payment processors, hosting providers, artificial intelligence providers, advertising platforms, analytics services, domain providers, or other technologies operated or controlled by third parties.

"User Content" means information, data, text, images, videos, files, website content, contact information, communications, customer information, and other material submitted to, uploaded to, stored in, transmitted through, or otherwise used with the Services by You or Your authorised users.

"Customer Data" means Personal Information and other data belonging to You, Your business, Your customers, prospects, employees, contractors, users, or other individuals that is processed through the Services.

"Personal Information" has the meaning given to it under applicable data-protection law, including the Protection of Personal Information Act 4 of 2013 ("POPIA") where applicable.

"Subscription Service" means a Service provided on a recurring or automatically renewing basis.

"Order" means any proposal, quotation, order form, invoice, subscription, checkout transaction, statement of work, or other commercial document under which Services are purchased.

4. ACCEPTANCE OF THESE TERMS

By accessing or using the Services, You confirm that:

-You have the legal capacity and authority required to enter into this Agreement;

-The information You provide to Cenarasoft is accurate and complete;

-You will comply with these Terms and applicable laws;

-You have the legal right and authority to provide any information or content You submit to Cenarasoft;

-You will not use the Services for unlawful purposes;

-You will maintain accurate account and payment information; and

-Where You act for a company or other legal entity, You have authority to bind that entity.

Where applicable law imposes rights or requirements that cannot legally be excluded or overridden by contract, those rights and requirements remain applicable.

5. ELIGIBILITY AND BUSINESS USE

The Services are primarily intended for businesses, organisations, professionals, entrepreneurs, and persons using the Services for legitimate commercial or professional purposes.

You may not use the Services where such use is prohibited by applicable law.

You are responsible for ensuring that Your employees, contractors, agents, customers, representatives, and other authorised users comply with these Terms.

Where applicable law imposes minimum age requirements for a particular Service or transaction, You are responsible for ensuring that such requirements are satisfied.

6. CENARASOFT SOFTWARE AND THIRD-PARTY TECHNOLOGY

Cenarasoft may provide Services through technology developed by Cenarasoft and through third-party software infrastructure.

This may include third-party platforms such as GoHighLevel/HighLevel and other software, hosting, communication, artificial intelligence, payment, analytics, advertising, and integration providers.

Depending on the Service purchased, Cenarasoft may:

-Provision a Sub-Account;

-Configure software;

-Configure CRM functionality;

-Configure automation;

-Configure websites and funnels;

-Configure communication systems;

-Provide branded software interfaces;

-Connect third-party integrations;

-Provide AI-powered features;

-Implement workflows;

-Provide technical support;

-Provide strategy or consulting;

-Manage software subscriptions or infrastructure; and

-Provide ongoing maintenance or optimisation.

Cenarasoft may therefore act as a reseller, technology provider, implementation partner, software service provider, intermediary, or managed-services provider for certain underlying technologies.

Your use of functionality supplied by a third party may also be subject to that third party's terms of service, privacy policy, acceptable-use policy, technical requirements, and other restrictions.

Cenarasoft does not represent that it owns the underlying intellectual property of third-party platforms.

7. THIRD-PARTY PROVIDERS

The Services may depend upon or integrate with third-party services.

These providers may include:

-Software and CRM platforms;

-Payment processors;

-Email providers;

-SMS, MMS, RCS, and voice providers;

-Hosting providers;

-Domain providers;

-Calendar providers;

-Cloud-storage providers;

-Advertising platforms;

-Social media platforms;

-Analytics providers;

-Artificial intelligence providers;

-Authentication providers; and

-Other technology providers.

Third-party providers may change, restrict, suspend, discontinue, or modify their services at any time.

Cenarasoft will not be responsible for a third party's acts, omissions, pricing, policies, security practices, availability, service limitations, outages, modifications, or discontinuation.

Where reasonably possible, Cenarasoft may attempt to identify alternatives or workarounds, but does not guarantee that an alternative will be available.

8. ACCOUNT OWNERSHIP AND SECURITY

You are responsible for maintaining accurate information associated with Your account.

You are responsible for:

-Maintaining the confidentiality of Your login credentials;

-Using strong and reasonably appropriate passwords;

-Restricting account access to authorised users;

-Monitoring activity within Your account;

-Enabling available security features where appropriate;

-Protecting devices used to access the Services;

-Maintaining appropriate security over connected applications and integrations;

-Immediately notifying Cenarasoft of suspected unauthorised access; and

-Ensuring that Your authorised users comply with these Terms.

You are responsible for activity conducted through Your account unless You can demonstrate that the activity resulted from circumstances outside Your reasonable control and not from Your failure to maintain reasonable security.

Cenarasoft may suspend or restrict access where reasonably necessary to protect the Services, Cenarasoft, other customers, third parties, or the security or integrity of the Platform.

9. ACCEPTABLE USE

You may use the Services only for lawful and legitimate purposes.

You must not use the Services to:

-Violate any applicable law or regulation;

-Commit, facilitate, or promote fraud;

-Engage in deceptive, misleading, abusive, or unlawful practices;

-Harass, threaten, intimidate, or unlawfully harm another person;

-Violate privacy rights;

-Infringe intellectual-property rights;

-Upload or distribute malicious code;

-Attempt unauthorised access to systems, accounts, networks, or data;

-Interfere with the security, availability, or operation of the Services;

-Circumvent technical restrictions or security measures;

-Reverse engineer, decompile, or disassemble the Platform except where expressly permitted by law;

-Scrape or systematically extract information in an abusive or unauthorised manner;

-Distribute unlawful or harmful content;

-Impersonate Cenarasoft, a third party, or another person;

-Misrepresent Your relationship with Cenarasoft or a third-party provider;

-Create unreasonable risk to Cenarasoft, third parties, or other users;

-Use the Services for activities prohibited by an underlying third-party provider;

-Violate applicable advertising, messaging, telecommunications, consumer-protection, privacy, or data-protection laws;

-Send communications without legally required consent or authorisation; or

-Use the Services for activity that Cenarasoft reasonably believes presents significant legal, security, fraud, abuse, or reputational risk.

Cenarasoft may take appropriate action where a user, account, Sub-Account, campaign, communication system, website, or other use appears to violate these restrictions.

10. CUSTOMER RESPONSIBILITY

You are solely responsible for:

-Your use of the Services;

-Your business operations;

-Your employees and contractors;

-Your customers and end users;

-Your User Content;

-Your websites and landing pages;

-Your products and services;

-Your marketing and advertising claims;

-Your communications;

-The data You upload;

-Your integrations;

-Your customer relationships;

-Your transactions;

-Your business practices; and

-Your compliance with applicable law.

Cenarasoft is a technology and service provider.

Cenarasoft does not become the seller, advertiser, merchant, telemarketer, professional adviser, manufacturer, or provider of Your underlying products or services merely because You use the Services.

11. CUSTOMER DATA AND PRIVACY

Your use of the Services may involve the collection, storage, transmission, or processing of Personal Information.

Cenarasoft's handling of Personal Information is described in its Privacy Policy, which forms part of these Terms.

Where You use the Services to collect or process Personal Information relating to Your customers, prospects, employees, contractors, or other individuals, You remain responsible for ensuring that Your collection and use of that information is lawful.

You are responsible for providing legally required privacy notices and for obtaining any permissions, consents, authorisations, or other lawful basis required for Your processing activities.

Where Cenarasoft processes Customer Data on Your behalf, Cenarasoft will process such data in accordance with applicable law, the Privacy Policy, and the applicable service arrangement.

Nothing in these Terms transfers responsibility for Your legal obligations as the business collecting or determining the purposes of Customer Data.

12. DATA SUBJECT AND PRIVACY REQUESTS

Where You use the Services to process Personal Information belonging to Your customers or other individuals, You remain primarily responsible for responding to privacy or data-subject requests relating to Your business.

Such requests may include:

-Access;

-Correction;

-Deletion;

-Objection;

-Restriction;

-Data portability;

-Withdrawal of consent; and

-Other rights available under applicable law.

Cenarasoft will provide reasonable assistance where appropriate and where technically available as part of the Services or a separate support arrangement.

You acknowledge that Cenarasoft may depend on third-party providers when responding to certain requests.

13. DATA RETENTION, EXPORT, AND DELETION

You are responsible for determining appropriate retention periods for Customer Data processed through Your account, subject to applicable law and any contractual requirements.

Following cancellation or termination, access to a Service or Sub-Account may cease.

Subject to applicable law, technical limitations, and third-party policies, Cenarasoft may delete or restrict access to Customer Data after termination.

Cenarasoft may retain information where reasonably necessary for:

-Legal compliance;

-Accounting;

-Tax purposes;

-Fraud prevention;

-Security;

-Dispute resolution;

-Enforcing agreements;

-Recordkeeping; or

-Legitimate business purposes.

Where technically available, Cenarasoft may provide reasonable means for exporting certain Customer Data before access ends.

Not all data is necessarily exportable. This may include proprietary configurations, templates, workflows, source code, Cenarasoft-owned materials, certain system metadata, third-party data, or information subject to technical or contractual restrictions.

You are responsible for requesting and completing any desired export before the applicable retention period expires.

14. SECURITY

Cenarasoft implements reasonable measures designed to protect its systems and information against unauthorised access, loss, misuse, alteration, or disclosure.

However, no internet-connected system can be guaranteed to be completely secure.

You remain responsible for reasonable security measures relating to:

-Your accounts;

-Your devices;

-Your passwords;

-Your employees;

-Your authorised users;

-Your integrations;

-Your third-party applications; and

-Any information You submit to the Services.

Cenarasoft is not responsible for security incidents caused by Your failure to maintain reasonable security controls or by circumstances outside Cenarasoft's reasonable control.

15. COMMUNICATIONS SERVICES

Certain Services may provide or support:

-Email;

-SMS;

-MMS;

-RCS;

-Voice calls;

-Appointment reminders;

-Chat;

-Conversational AI;

-Automated communications;

-Marketing communications; and

-Other electronic communications.

You are solely responsible for the communications You initiate through the Services.

You must ensure that all communications comply with applicable law and all applicable carrier, telecommunications, messaging, advertising, and platform requirements.

This includes requirements relating to:

-Consent and lawful basis;

-Opt-in and opt-out mechanisms;

-Do-not-contact requirements;

-Marketing communications;

-Advertising;

-Message identification;

-Recordkeeping;

-Telephone and telecommunications laws;

-Email marketing laws;

-Data-protection laws; and

-Carrier or messaging-provider policies.

You must not use the Services to contact individuals unlawfully or without any required permissions.

Cenarasoft may suspend or restrict communications functionality where it reasonably believes that communications are unlawful, abusive, fraudulent, deceptive, harmful, or likely to expose Cenarasoft or its providers to material risk.

16. ARTIFICIAL INTELLIGENCE FEATURES

Certain Services may contain artificial intelligence or machine-learning functionality.

AI-generated output may be inaccurate, incomplete, outdated, biased, inappropriate, or unsuitable for a particular purpose.

You are responsible for independently reviewing, validating, and approving AI-generated content before relying upon, publishing, transmitting, or acting upon it.

AI output does not constitute legal, financial, medical, accounting, tax, investment, insurance, or other professional advice.

Where third-party AI providers are used, information submitted through AI features may be processed by those providers according to their respective terms and policies.

You remain responsible for ensuring that You do not submit confidential, personal, regulated, proprietary, or otherwise protected information to AI systems where doing so would violate applicable law, contractual obligations, confidentiality duties, or privacy requirements.

17. THIRD-PARTY INTEGRATIONS

The Services may integrate with third-party platforms.

An integration may fail, become unavailable, change functionality, require additional payment, or be discontinued by the third-party provider.

Cenarasoft does not guarantee continued compatibility with any particular integration.

Where an integration requires You to maintain an account with a third-party provider, You are responsible for maintaining that account and complying with the third party's applicable terms.

Cenarasoft is not responsible for the acts, omissions, outages, restrictions, pricing, data practices, or security practices of third-party providers.

18. WEBSITES, DOMAINS, AND DIGITAL ASSETS

Where Cenarasoft provides website, funnel, landing-page, hosting, domain, or related digital services, the scope of work will be determined by the applicable proposal, Order, subscription, or service agreement.

Unless expressly agreed in writing:

-Third-party domain registration remains subject to the applicable registrar's terms;

-Third-party hosting remains subject to the relevant provider's policies;

-Cenarasoft does not guarantee uninterrupted availability;

-Website performance depends on multiple technical factors;

-Search-engine rankings are not guaranteed; and

-Changes made by third-party browsers, search engines, hosting providers, plugins, APIs, or other technologies may affect functionality.

You remain responsible for the legality, accuracy, and ownership of content supplied for Your website or digital assets.

19. MARKETING AND BUSINESS RESULTS

Cenarasoft does not guarantee that the Services will:

-Generate a particular number of leads;

-Generate sales;

-Increase revenue;

-Increase customer retention;

-Produce a specific return on advertising spend;

-Improve search-engine rankings;

-Produce a particular advertising result;

-Increase conversion rates; or

-Make Your business profitable.

Any examples, projections, case studies, testimonials, estimates, forecasts, illustrations, or descriptions of potential results are examples only and are not guarantees of future performance.

Business outcomes depend upon many factors outside Cenarasoft's control, including market conditions, pricing, competition, sales execution, customer demand, advertising budgets, product quality, and the Customer's own actions.

20. FEES AND BILLING

Fees are determined by the applicable proposal, quotation, Order, pricing page, subscription, invoice, statement of work, or other commercial agreement.

Unless otherwise expressly stated:

-Subscription Services may automatically renew;

-Fees are payable according to the applicable billing schedule;

-Usage-based fees may apply;

-Third-party charges may apply;

-Additional Services may incur additional charges;

-Taxes and governmental charges may apply; and

-You are responsible for keeping payment information accurate and current.

By subscribing to an automatically renewing Service, You authorise Cenarasoft or its applicable payment provider to charge the payment method provided for recurring fees until the subscription is properly cancelled.

21. PAYMENT FAILURES

If a payment is declined, reversed, disputed, charged back, or otherwise not received when due, Cenarasoft may:

-Request updated payment information;

-Retry the payment;

-Restrict or suspend access;

-Suspend certain functionality;

-Withhold services;

-Recover amounts due; or

-Take other commercially reasonable measures permitted by law.

You remain responsible for amounts properly due under the applicable agreement.

Any payment-provider fees, chargeback fees, or other third-party charges arising from Your payment activity may be payable by You to the extent permitted by law and the applicable payment-provider rules.

22. PRICE CHANGES

Cenarasoft may change pricing from time to time.

Where a price change affects an existing recurring subscription, Cenarasoft will provide any notice required by applicable law or the applicable agreement.

Promotional prices, founding-customer offers, introductory rates, discounts, credits, and special offers may have additional terms and may not continue indefinitely.

Unless expressly stated otherwise, a promotional price does not permanently lock in a particular rate.

23. CANCELLATION

You may cancel a Service according to the cancellation terms applicable to Your subscription, Order, proposal, service agreement, or other commercial arrangement.

Unless otherwise agreed:

-Cancellation stops future recurring charges after the effective cancellation date;

-Cancellation does not automatically eliminate fees already incurred;

-Amounts already due remain payable;

-Setup or implementation fees may remain payable;

-Minimum commitments may continue to apply; and

-Prepaid periods are subject to the applicable refund terms.

Where applicable law provides cancellation rights that cannot legally be excluded, those rights remain unaffected.

24. REFUNDS

Refund rights depend on the applicable Service, Order, agreement, promotional offer, and applicable law.

Unless expressly stated otherwise in the applicable commercial agreement, setup fees, implementation fees, completed professional services, usage-based charges, third-party charges, and certain prepaid fees may be non-refundable to the maximum extent permitted by law.

A refund will not automatically be available simply because:

-You did not use the Service;

-You changed Your mind;

-You did not complete implementation;

-You did not use all available features; or

-Your business results did not meet Your expectations.

Nothing in these Terms is intended to exclude or limit a statutory right or consumer protection that cannot lawfully be excluded.

25. TAXES

You are responsible for taxes, duties, levies, and governmental charges applicable to Your purchases, business activities, and transactions with Your customers, except for taxes Cenarasoft is legally required to collect and remit itself.

Cenarasoft does not provide tax, accounting, or legal advice.

You should obtain appropriate professional advice concerning Your specific tax obligations.

26. INTELLECTUAL PROPERTY

Cenarasoft and its licensors retain all rights, title, and interest in Cenarasoft-owned materials, including:

The Cenarasoft brand;

-The Cenarasoft name and trademarks;

-Websites;

-Software developed or owned by Cenarasoft;

-Templates;

-Workflows;

-Automation systems;

-Documentation;

-Designs;

-Graphics;

-Methods;

-Processes;

-Interfaces;

-Proprietary systems;

-Source code;

-Platform configurations; and

-Other Cenarasoft-owned materials.

Nothing in these Terms transfers ownership of Cenarasoft intellectual property to You unless expressly agreed in writing.

Subject to payment and compliance with these Terms, You receive only the rights necessary to use the applicable Services during the applicable service period.

27. THIRD-PARTY INTELLECTUAL PROPERTY

Third-party platforms, software, trademarks, APIs, technologies, designs, and other materials remain the property of their respective owners.

This may include technology supplied by companies such as GoHighLevel/HighLevel and other service providers.

Cenarasoft does not grant ownership of third-party intellectual property merely by providing access to Services incorporating such technology.

You must not represent third-party technology as Your own intellectual property.

Your use of third-party intellectual property remains subject to the applicable third-party terms.

28. CLIENT CONTENT AND OWNERSHIP

Except for Cenarasoft-owned materials and third-party materials, You retain ownership of content and information that You provide to Cenarasoft.

You grant Cenarasoft the limited rights necessary to host, store, process, reproduce, transmit, modify, configure, display, and otherwise use that content solely as reasonably necessary to provide, maintain, secure, support, and improve the Services.

You represent and warrant that You have all rights, permissions, licences, and authorisations necessary for Cenarasoft to process such content.

Cenarasoft does not obtain ownership of Your content merely by providing the Services.

29. FEEDBACK

If You voluntarily provide suggestions, ideas, recommendations, feature requests, reviews, or other feedback concerning Cenarasoft, You grant Cenarasoft the right to use that feedback to improve or develop its products and services without an obligation to compensate You.

Cenarasoft will not knowingly use this provision to obtain ownership of Your confidential Personal Information.

30. PROHIBITED CONTENT

You must not use the Services to upload, transmit, publish, store, or distribute content that:

-Is unlawful;

-Is fraudulent;

-Is materially deceptive or misleading;

-Is defamatory;

-Infringes intellectual-property rights;

-Violates privacy rights;

-Contains malicious code;

-Promotes unlawful activity;

-Attempts to circumvent security measures;

-Violates applicable advertising or consumer-protection laws; or

-Violates the acceptable-use policies of an underlying third-party provider.

Cenarasoft may remove, restrict, suspend, or disable access to content that reasonably appears to violate these requirements or create significant legal, security, technical, or reputational risk.

31. COMPLIANCE WITH LAW

You are solely responsible for using the Services in compliance with laws and regulations applicable to Your business, customers, employees, communications, marketing, and activities.

Depending on Your circumstances, applicable requirements may include:

-POPIA;

-GDPR or UK GDPR;

-Consumer-protection laws;

-Electronic communications laws;

-Telecommunications laws;

-Advertising and marketing laws;

-Data-protection requirements;

-Intellectual-property laws;

-Tax laws;

-Accessibility requirements;

-Industry-specific regulation; and

-Third-party platform policies.

Cenarasoft provides technology and related services and does not guarantee that Your particular configuration or use of the Services satisfies every legal requirement applicable to Your business.

32. PLATFORM AVAILABILITY

Cenarasoft seeks to provide reliable Services but does not guarantee that Services will:

-Always be available;

-Operate without interruption;

-Be error-free;

-Be compatible with every device or software system;

-Remain unchanged;

-Remain available indefinitely; or

-Be unaffected by third-party outages.

-Temporary interruption may occur because of:

-Maintenance;

-Updates;

-Security events;

-Telecommunications failures;

-Hosting failures;

-Third-party outages;

-Internet disruption;

-Infrastructure failures;

-Force majeure events; or

-Other circumstances outside Cenarasoft's reasonable control.

33. SOFTWARE UPDATES AND CHANGES

Cenarasoft may modify, update, improve, replace, suspend, or discontinue portions of the Services.

Changes may include:

-New features;

-Removal of features;

-Interface changes;

-Pricing changes;

-Security updates;

-Technology changes;

-Integration changes; and

-Changes required by third-party providers.

Unless otherwise required by law or expressly agreed in writing, purchasing a Service does not guarantee the continued availability of a particular feature, integration, interface, or technology.

34. ACCOUNT AND SERVICE SUSPENSION

Cenarasoft may suspend, restrict, or limit Your account or Services where reasonably necessary, including where:

-Fees remain unpaid;

-Fraud is suspected;

-Unlawful activity is suspected;

-Your account creates a security risk;

-Your use creates a material risk to Cenarasoft or another party;

-You breach these Terms;

-You violate a third-party platform policy;

-A third-party provider requires suspension;

-Your use causes unreasonable technical strain;

-Your account creates material abuse or compliance risk; or

-Suspension is necessary to comply with law.

Where reasonably practicable, Cenarasoft may provide notice and an opportunity to address the issue.

Immediate suspension may occur where reasonably necessary to protect security, prevent material harm, comply with legal obligations, or protect Cenarasoft, its providers, customers, or third parties.

35. TERMINATION

Either party may terminate a Service in accordance with the applicable subscription, Order, proposal, service agreement, or applicable law.

Cenarasoft may suspend or terminate an account where permitted by these Terms or the applicable agreement, including for:

-Material breach;

-Unlawful activity;

-Non-payment;

-Fraud;

-Security risks;

-Abuse;

-Serious violation of third-party provider requirements; or

-Other circumstances permitted by applicable law.

-Upon termination:

-Your right to access affected Services may cease;

-Outstanding fees remain payable;

-Certain data may become inaccessible;

-Third-party services may be disconnected;

-Phone numbers, domains, integrations, or other resources may be subject to provider-specific rules;

-Access to certain proprietary configurations may cease; and

-Provisions intended to survive termination will remain effective.

Termination does not affect rights or obligations that accrued before termination.

36. SUB-ACCOUNT TRANSFERS AND MIGRATION

Where a Service is delivered through a Cenarasoft-managed Sub-Account, requests to transfer, migrate, release, or otherwise move the Sub-Account may be subject to:

-Identity or ownership verification;

-Outstanding balances;

-Contractual obligations;

-Minimum commitments;

-Technical limitations;

-Third-party platform rules;

-Provider restrictions;

-Intellectual-property restrictions; and

-Applicable legal requirements.

Cenarasoft may require reasonable evidence of ownership or authority before processing a transfer request.

A transfer does not automatically include Cenarasoft-owned intellectual property, proprietary systems, templates, workflows, source code, or third-party services unless expressly agreed in writing.

37. DATA EXPORTS

Where technically available, Cenarasoft may provide reasonable mechanisms for exporting Customer Data.

Certain information may not be exportable due to:

-Technical limitations;

-Third-party platform restrictions;

-Third-party ownership;

-Privacy requirements;

-Proprietary configuration;

-Contractual restrictions; or

-Security considerations.

You are responsible for requesting desired exports before the applicable retention period expires.

Cenarasoft is not required to provide source code, proprietary systems, internal methods, trade secrets, or Cenarasoft-owned materials merely because You paid for access to a Service.

38. CONFIDENTIALITY

Each party may receive confidential information belonging to the other.

Each party agrees to use reasonable care to protect confidential information and not disclose it except where disclosure is:

-Necessary to provide the Services;

-Required by law;

-Necessary for professional advisers or contractors subject to appropriate confidentiality obligations;

-Authorised by the other party; or

-Related to information that is publicly available without breach of confidentiality.

Confidentiality obligations do not require a party to treat information as confidential where the party can demonstrate that the information was independently developed, lawfully obtained from another source, or already known without an obligation of confidentiality.

39. ELECTRONIC COMMUNICATIONS AND SIGNATURES

You agree that electronic communications, electronic acceptance, online Orders, digital signatures, emails, account actions, payment confirmations, and electronic records may be used to form and document agreements between You and Cenarasoft.

To the extent permitted by applicable law, Your electronic acceptance of these Terms or an applicable Order constitutes acceptance as though You had signed a written agreement.

Cenarasoft may retain electronic records relating to Your acceptance, purchases, account activity, communications, and transactions for legitimate business, legal, security, and recordkeeping purposes.

40. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

CENARASOFT DOES NOT GUARANTEE THAT THE SERVICES WILL BE:

-UNINTERRUPTED;

-ERROR-FREE;

-COMPLETELY SECURE;

-AVAILABLE AT ALL TIMES;

-COMPATIBLE WITH EVERY SYSTEM;

-FREE FROM THIRD-PARTY OUTAGES;

-SUITABLE FOR EVERY PURPOSE; OR

-CAPABLE OF PRODUCING A PARTICULAR BUSINESS RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CENARASOFT DISCLAIMS WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, EXCEPT TO THE EXTENT THAT A WARRANTY, CONDITION, OR RIGHT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

NOTHING IN THESE TERMS IS INTENDED TO REMOVE A LEGAL RIGHT OR CONSUMER PROTECTION THAT CANNOT LAWFULLY BE EXCLUDED.

41. THIRD-PARTY SERVICES DISCLAIMER

Cenarasoft is not responsible for failures, outages, interruptions, policy changes, pricing changes, security incidents, technical limitations, or other acts or omissions of third-party providers.

If a third-party provider changes or discontinues a technology required by a Service, Cenarasoft may become unable to provide some or all corresponding functionality.

Where reasonably possible, Cenarasoft may seek alternative solutions, but does not guarantee that an alternative will be available.

42. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CENARASOFT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR UNFORESEEABLE LOSS OR DAMAGE ARISING FROM OR RELATING TO THE SERVICES.

This may include loss of:

-Profits;

-Revenue;

-Business opportunities;

-Goodwill;

-Data;

-Customers;

-Anticipated savings; or

-Business interruption.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CENARASOFT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR SERVICE WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO CENARASOFT FOR THAT SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in this section limits liability to the extent that applicable law prohibits the limitation.

Where applicable law provides a mandatory consumer remedy or prevents a particular limitation, that mandatory requirement will prevail.

43. INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CENARASOFT, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS FROM CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND REASONABLE LEGAL EXPENSES ARISING OUT OF OR RELATING TO:

Your breach of these Terms;

Your unlawful use of the Services;

Your User Content;

Your products or services;

Your advertising;

Your communications;

Your failure to obtain required consent or authorisation;

Your violation of privacy or data-protection laws;

Your violation of intellectual-property rights;

Your customers' or authorised users' use of Your account;

Your misuse of third-party services;

Your tax obligations;

Your fraudulent or deceptive conduct; or

Claims arising from Your relationships or transactions with Your customers.

This section applies only to the extent permitted by applicable law.

44. FORCE MAJEURE

Cenarasoft will not be responsible for delay, interruption, or failure to perform caused by events beyond its reasonable control.

Such events may include:

-Natural disasters;

-Fire;

-Flood;

-Power failures;

-Internet outages;

-Telecommunications failures;

-Cybersecurity events;

-Labour disruptions;

-Government action;

-War;

-Civil unrest;

-Epidemics or pandemics;

-Third-party service outages;

-Infrastructure failures; or

-Other circumstances beyond reasonable control.

45. CHANGES TO THESE TERMS

Cenarasoft may amend these Terms from time to time.

When material changes are made, the "Last Updated" date will be updated.

Where required by applicable law, Cenarasoft will provide additional notice of material changes.

Unless otherwise required by law, the amended Terms will become effective when posted or on the date specified in the updated Terms.

Your continued use of the Services after the effective date constitutes acceptance of the revised Terms to the extent permitted by law.

If You do not agree to material changes, You should discontinue use of the affected Services and exercise any cancellation rights available to You under the applicable agreement and law.

46. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be modified or interpreted to the minimum extent necessary to make it enforceable while preserving its original commercial intent as far as legally possible.

The remaining provisions will continue in full force and effect.

47. NO WAIVER

A failure or delay by Cenarasoft to enforce any provision of these Terms does not constitute a waiver of that provision or Cenarasoft's right to enforce it later.

A waiver of one breach does not constitute a waiver of any subsequent breach.

48. ASSIGNMENT

You may not assign, transfer, delegate, or otherwise dispose of Your rights or obligations under these Terms without Cenarasoft's prior written consent, except where such restriction is prohibited by applicable law.

Cenarasoft may assign or transfer its rights and obligations in connection with a restructuring, merger, acquisition, sale of assets, reorganisation, or similar business transaction.

49. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, together with any applicable:

-Privacy Policy;

-Order forms;

-Proposals;

-Quotations;

-Service agreements;

-Statements of work;

-Subscription terms;

-Acceptable-use policies;

-Invoices; and

-Other documents expressly incorporated by reference, form the agreement between You and Cenarasoft concerning the applicable Services.

If there is a conflict between these Terms and a separately signed written agreement, the signed agreement will control to the extent of the conflict.

If a specific Order contains service-specific terms, those terms will apply to the extent they expressly modify or supplement these Terms.

50. GOVERNING LAW

These Terms are governed primarily by the laws of the Republic of South Africa, without regard to conflict-of-law principles, except where mandatory laws of another jurisdiction apply to You.

Nothing in this section is intended to deprive a consumer of mandatory legal rights or protections that cannot lawfully be waived.

Where applicable law requires another jurisdiction's mandatory laws to apply, those laws will apply to the extent required.

51. DISPUTE RESOLUTION

We encourage customers to contact Cenarasoft first so that the parties may attempt to resolve disputes informally and in good faith.

You may contact Cenarasoft regarding a dispute using the contact details provided in these Terms.

If a dispute cannot be resolved informally, either party may pursue remedies available under applicable law.

Nothing in these Terms prevents either party from seeking urgent, interim, or protective relief from a court of competent jurisdiction where appropriate.

Mandatory consumer-protection, statutory complaint, tribunal, regulatory, or dispute-resolution mechanisms remain available where applicable.

52. LEGAL COMPLIANCE AND PROFESSIONAL ADVICE

Cenarasoft is a technology, software, marketing, and business-services provider.

Unless expressly stated otherwise, Cenarasoft does not provide:

-Legal advice;

-Tax advice;

-Accounting advice;

-Medical advice;

-Financial advice;

-Investment advice;

-Insurance advice; or

-Other regulated professional advice.

You remain responsible for obtaining professional advice where necessary.

Nothing provided through the Services should be treated as a substitute for advice from an appropriately qualified professional.

53. NO EMPLOYMENT, AGENCY, PARTNERSHIP, OR JOINT VENTURE

Your use of the Services does not create an employment relationship, partnership, joint venture, agency relationship, franchise relationship, fiduciary relationship, or other similar legal relationship between You and Cenarasoft unless expressly agreed in writing.

You remain responsible for Your business operations, customers, employees, contractors, products, services, marketing, claims, and legal compliance.

54. CONTACT INFORMATION

For questions regarding these Terms, billing, Services, accounts, privacy matters, or legal matters, please contact:

Cenarasoft Marketing and Software Solutions
Website: https://cenarasoft.org
Email: [email protected]

55. ACKNOWLEDGEMENT

BY ACCESSING OR USING THE CENARASOFT SERVICES, YOU ACKNOWLEDGE THAT:

-You have read these Terms;

-You understand these Terms;

-You agree to comply with these Terms;

-You have authority to accept these Terms on behalf of yourself or the applicable business;

-You understand that Cenarasoft may use third-party technology providers, including GoHighLevel/HighLevel, to provide certain Services;

-You understand that Your use of the Services must comply with applicable law;

-You understand that Cenarasoft does not guarantee specific business, marketing, sales, advertising, or financial results; and

-You understand that additional service-specific terms may apply to particular Services.

Cenarasoft Marketing and Software Solutions

Built on Love. Guided by Cunning. Outfox the Competition.

Last Updated: 23 August 2026