Terms of Service

You represent that you have authority to bind your organization (“Customer”) and that you will ensure authorized users comply with these Terms.

We may modify Offerings over time. Material changes will be communicated where reasonably practicable.

Customer is responsible for:

• Maintaining its Microsoft 365 tenant, Azure subscriptions, and required permissions.
• Ensuring proper tenant configuration (e.g., SharePoint/Entra settings, API approvals) and compliance with internal policies and law.
• Using the Offerings only for lawful purposes and not attempting to bypass licensing, security, or access controls.

Some features require admin consent and permissions in Microsoft 365/Entra/Azure. Customer acknowledges:

• Admin approvals (e.g., SharePoint “API access” approvals) may be required for functionality.
• Customer controls its tenant configuration; we are not responsible for Customer tenant policies that block functionality.

Software may require a license key, entitlement, subscription, or other authorization (“License”). Unless otherwise stated:

• Trial licenses are time-limited and may have feature or usage limits.
• Full licenses are granted for the term purchased.
• We may use technical measures to validate License status.
• If License is not valid or expires, the software may restrict functionality or display licensing notices.
• Customer must not circumvent License checks or share licenses beyond the permitted scope.

We own the Offerings and all related intellectual property, except for Customer Materials (defined below).

Customer Materials means content, data, trademarks, and materials Customer provides. Customer grants us a limited license to use Customer Materials solely to provide the Offerings.

Unless a separate written agreement states otherwise, no rights are granted except as expressly set out in these Terms.

If you provide feedback, you grant us a perpetual, worldwide, royalty-free license to use it without restriction.

If you purchase services, the statement of work (“SOW”) or order will govern scope, timelines, acceptance, and fees. If there’s a conflict, the SOW/order prevails for that engagement.

Offerings may depend on third-party services (e.g., Microsoft 365, SharePoint, Entra ID, Azure). Those services are governed by third-party terms. We are not responsible for outages, changes, or limitations of third-party platforms.

We implement reasonable administrative, technical, and organizational measures appropriate to our business. No method of transmission or storage is 100% secure; you acknowledge residual risk.

Each party may receive confidential information. Each party will:

• Use it only to perform under these Terms.
• Protect it with reasonable care.
• Not disclose it except to personnel/contractors with a need to know who are bound by confidentiality.

Confidentiality does not apply to information that is public, independently developed, or lawfully received without restriction.

Support terms (if any) will be defined in your purchase terms/SOW. We may issue updates, bug fixes, and security patches. You are responsible for applying updates in a timely manner.

You must not:

• Reverse engineer, decompile, or attempt to derive source code except where law permits.
• Interfere with or disrupt the Offerings or licensing/validation services.
• Use the Offerings to store or transmit unlawful content or malware.
• Attempt unauthorized access to systems or data.

Except as expressly stated in a written agreement, the Offerings are provided “as is” and “as available.” We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law.

To the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits/revenue/data.
• Our total liability for all claims related to the Offerings is limited to the amounts paid by Customer to us for the specific Offering in the 12 months preceding the event giving rise to liability.

Some jurisdictions do not allow certain limitations; in those cases, liability is limited to the minimum permitted.

These Terms apply while you use the Offerings.

• You may stop using the Offerings at any time.
• We may suspend/terminate access if you breach these Terms, fail to pay, or if continued provision would create legal/security risk.
• Upon termination, rights granted end; you must stop using the software unless otherwise allowed under a surviving license.

If we process personal data on your behalf (e.g., in support), we do so under the Privacy Statement and any applicable data processing addendum (“DPA”) or SOW. Customer is responsible for lawful basis and notices to end users in its tenant.

You must comply with applicable export control and sanctions laws.

Governing law: Republic of South Africa.
Venue: Courts of Gqeberha (Port Elizabeth), Eastern Cape.

We may update these Terms from time to time. The “Last updated” date will change. Continued use after changes become effective constitutes acceptance.

Questions about these Terms: support@incodesoftwaresolutions.com.