Terms of Use

Effective Date: 14 September 2026
Last updated: 14 September 2026

1. Introduction and Acceptance of Terms

These Terms of Use (“Terms”) constitute a binding legal agreement between you and Qmuzik Technologies (Pty) Ltd. (“Qmuzik”, “we”, “us” or “our”) governing your access to and use of the Qmuzik platform, including any associated websites, applications, services, and content (collectively, the “Platform”).

By accessing or using the Platform, creating an account, or clicking “I agree” (or a similar affirmation), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of the Platform.

These Terms are concluded electronically and are intended to comply with the requirements of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), including but not limited to section 11, which provides that information is not without legal force and effect merely on the grounds that it is wholly or partly in the form of a data message.

These Terms should be read together with our Privacy Policy, which is incorporated herein by reference and available on the Platform.

2. Definitions

In these Terms, unless the context indicates otherwise, the following words and expressions shall bear the meanings assigned to them below:

“Agreement” means these Terms of Use, together with the Privacy Policy and any other policies, guidelines, or supplementary terms published on the Platform, as amended from time to time.
“Content” means all text, graphics, images, audio, video, data, software, information, and other materials made available on or through the Platform by Qmuzik, its licensors, or third parties, excluding User Content.
“Consumer Protection Act” or “CPA” means the Consumer Protection Act 68 of 2008, as amended.
“ECTA” means the Electronic Communications and Transactions Act 25 of 2002, as amended.
“Intellectual Property” means all patents, trademarks, service marks, trade names, domain names, copyrights, moral rights, database rights, design rights, know-how, trade secrets, confidential information, and all other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the foregoing.
“Platform” means the Qmuzik website, mobile applications, APIs, and all related software, tools, features, and functionalities provided by Qmuzik.
“Services” means the software-as-a-service offerings, features, tools, and functionalities made available by Qmuzik through the Platform, as described on the Platform and as may be updated from time to time.
“Subscription” means a paid or free plan that entitles a User to access certain Services for a specified period, subject to the terms and pricing published on the Platform.
“User” means any natural or juristic person who accesses or uses the Platform, whether or not they hold a registered account.
“User Content” means any data, text, files, information, images, audio, video, or other materials that a User uploads, submits, posts, transmits, or otherwise makes available on or through the Platform.
“We”, “Us”, “Our” or “Qmuzik” means Qmuzik Technologies (Pty) Ltd., a private company duly incorporated and registered in accordance with the laws of the Republic of South Africa under registration number 1995/008101/07, with its principal place of business at Building A, Erasmus Forum, 434 Rigel Avenue, Erasmusrand, Pretoria, 0181, South Africa.
“You” or “Your” means the User accessing or using the Platform, or the entity on whose behalf the User is accessing or using the Platform.

3. Description of Services

Qmuzik provides a cloud-based software-as-a-service platform that enables Users to access the Services as described on the Platform. The specific features, functionalities, and scope of the Services are set out on the Platform and may vary according to the Subscription plan selected by the User.

Qmuzik reserves the right to modify, update, enhance, or discontinue any part of the Services at any time. Where such modification materially affects a User’s access to or use of the Services, Qmuzik shall provide reasonable prior written notice of no less than 30 (thirty) days via the Platform or by email to the address associated with the User’s account.

Qmuzik does not warrant that the Services will be available at all times or without interruption. The Platform may be subject to scheduled or unscheduled maintenance, upgrades, or outages. Qmuzik shall use commercially reasonable efforts to minimise disruptions to the Services.

Qmuzik may offer third-party integrations or links to third-party services. Such third-party services are governed by their own terms and conditions, and Qmuzik accepts no responsibility or liability for the content, functionality, or practices of any third-party service.

4. User Registration and Accounts

In order to access certain features of the Platform, you may be required to create an account. You must be at least 18 (eighteen) years of age or have the legal capacity to enter into a binding agreement in accordance with the Consumer Protection Act in order to register for an account.

When registering for an account, you agree to provide accurate, current, and complete information as requested in the registration form. You further agree to update such information promptly to ensure that it remains accurate, current, and complete at all times.

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree to notify Qmuzik immediately of any unauthorised access to or use of your account.

You accept full responsibility for all activities that occur under your account, whether or not authorised by you. Qmuzik shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

Each User may maintain only one account on the Platform. Qmuzik reserves the right to suspend or terminate duplicate accounts without prior notice.

Where you register an account on behalf of a juristic person, you represent and warrant that you have the authority to bind such entity to these Terms, and the terms “you” and “your” shall refer to both the individual and the entity.

5. Acceptable Use

You agree to use the Platform and Services only for lawful purposes and in accordance with these Terms. You shall not, and shall not permit any third party to, engage in any of the following prohibited conduct:

use the Platform or Services for any purpose that is illegal or prohibited under any applicable law, regulation, or ordinance of the Republic of South Africa or any other relevant jurisdiction;
interfere with, disrupt, or impose an unreasonable or disproportionately large load on the Platform’s infrastructure, servers, networks, or connected systems;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or structure of the Platform or any part thereof;
use any automated means, including but not limited to robots, scrapers, spiders, crawlers, or data-mining tools, to access, collect, copy, or monitor any content or data from the Platform without express written authorisation;
upload, transmit, or distribute any virus, worm, Trojan horse, malware, ransomware, or other malicious code or software designed to damage, interfere with, or gain unauthorised access to any system or data;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
attempt to circumvent, disable, or otherwise interfere with any security features of the Platform, including authentication mechanisms, access controls, or encryption;
send, distribute, or facilitate the sending of unsolicited bulk communications, spam, chain letters, or pyramid schemes through or using the Platform;
infringe, misappropriate, or violate the Intellectual Property rights, privacy rights, publicity rights, or other proprietary rights of any third party;
use the Platform to store, publish, or disseminate content that is defamatory, obscene, abusive, hateful, harassing, threatening, or otherwise objectionable.

Qmuzik reserves the right to investigate and take appropriate legal action, including referral to law enforcement authorities, against any User who violates this clause.

6. Intellectual Property Rights

All Intellectual Property in and to the Platform, the Services, and the Content, including but not limited to the software, code, design, text, graphics, logos, icons, images, audio clips, data compilations, and the selection and arrangement thereof, is and shall remain the exclusive property of Qmuzik or its licensors.

Subject to your compliance with these Terms, Qmuzik grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Platform and Services solely for your own personal or internal business purposes in accordance with the applicable Subscription plan.

Nothing in these Terms shall be construed as conferring any right, title, or interest in the Platform, Services, Content, or any Intellectual Property of Qmuzik, whether by implication, estoppel, or otherwise, except for the limited licence expressly granted in this clause.

You shall not copy, reproduce, modify, adapt, translate, distribute, publish, display, create derivative works from, or commercially exploit any part of the Platform, Services, or Content without the prior written consent of Qmuzik.

All trademarks, service marks, trade names, and logos displayed on the Platform are the property of Qmuzik or their respective owners. Nothing in these Terms grants you any right to use any such marks without the prior written consent of the relevant owner.

7. User-Generated Content

You retain all ownership rights in and to any User Content that you submit, upload, post, or transmit to or through the Platform.

By submitting User Content to the Platform, you grant Qmuzik a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform such User Content solely to the extent necessary to provide, operate, improve, and promote the Platform and Services.

You represent and warrant that you own or have obtained all necessary rights, licences, consents, and permissions to submit any User Content to the Platform, and that such User Content does not infringe, misappropriate, or violate the rights of any third party.

You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of all User Content you submit. Qmuzik does not endorse, verify, or assume any liability for any User Content.

Qmuzik reserves the right, but shall have no obligation, to monitor, review, filter, edit, or remove any User Content at its sole discretion, including without limitation any User Content that Qmuzik determines, in its reasonable opinion, to be in violation of these Terms, applicable law, or the rights of any third party.

You acknowledge that Qmuzik may disclose User Content where required to do so by applicable law, regulation, or court order, or where such disclosure is reasonably necessary to enforce these Terms, protect the rights of Qmuzik or any third party, or ensure the safety of any person.

8. Subscription, Fees and Payment

The Services are offered under various Subscription plans as published on the Platform. The features, limitations, and pricing applicable to each plan are set out on the Platform and may be amended from time to time in accordance with clause 14 of these Terms.

All fees payable for Subscriptions are quoted in South African Rand (ZAR) unless otherwise stated on the Platform. Fees are inclusive of value-added tax (VAT) where applicable, as required by the Value-Added Tax Act 89 of 1991.

Payment for Subscriptions shall be processed through a third-party payment processor. By providing your payment details, you authorise the applicable payment processor to charge your nominated payment method in accordance with the terms of your selected Subscription plan. Qmuzik does not store your payment card details and shall not be liable for any errors, failures, or security breaches attributable to the third-party payment processor.

Unless you cancel your Subscription before the end of the current billing period, your Subscription will automatically renew for successive periods of the same duration at the then-current rate. You will be notified of any changes to pricing at least 30 (thirty) days before such changes take effect.

You may cancel your Subscription at any time through the account settings on the Platform or by contacting Qmuzik at the contact details set out in clause 21. Cancellation will take effect at the end of the current billing period, and you will continue to have access to the Services until such date.

Refund requests shall be assessed in accordance with the provisions of the Consumer Protection Act, including but not limited to sections 16 and 17 thereof, which provide consumers with the right to cancel advance reservations, bookings, or orders and to receive a refund for services not yet rendered. Where the CPA applies, refunds shall be processed within a reasonable period.

Save as expressly required by the Consumer Protection Act or any other applicable law, no refunds shall be provided for any partial or unused portion of a Subscription period.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the total aggregate liability of Qmuzik and its directors, officers, employees, agents, affiliates, and licensors arising out of or in connection with these Terms, the Platform, or the Services, whether in contract, delict (tort), strict liability, or otherwise, shall not exceed the total fees actually paid by you to Qmuzik during the 12 (twelve) month period immediately preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, in no event shall Qmuzik or its directors, officers, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, loss of revenue, loss of data, loss of business opportunity, loss of goodwill, or any other intangible losses, regardless of whether such damages were foreseeable or whether Qmuzik was advised of the possibility thereof.

The limitations and exclusions of liability set out in this clause shall apply to the fullest extent permitted by law, notwithstanding any failure of essential purpose of any limited remedy provided herein.

10. Disclaimer of Warranties

The Platform and Services are provided on an “as is” and “as available” basis, without any representations or warranties of any kind, whether express, implied, or statutory, to the maximum extent permitted by applicable law.

Qmuzik expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing, usage, or trade practice.

Without limiting the generality of the foregoing, Qmuzik does not warrant or represent that:

the Platform or Services will be uninterrupted, timely, secure, or error-free;
the results obtained from the use of the Platform or Services will be accurate, reliable, or complete;
any defects or errors in the Platform or Services will be corrected; or
the Platform or Services are free of viruses, malware, or other harmful components.

In accordance with section 43 of ECTA, Qmuzik, as a service provider, shall not be liable for damages arising from the provision of services as an intermediary, provided that the requirements set out in section 73 of ECTA are met.

You acknowledge and agree that your use of the Platform and Services is at your sole risk and discretion.

11. Indemnification

You agree to indemnify, defend, and hold harmless Qmuzik and its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees on an attorney-and-own-client scale) arising out of or in connection with:

your breach of any provision of these Terms;
your use or misuse of the Platform or Services;
any User Content submitted by you;
your violation of any applicable law, regulation, or the rights of any third party; or
any third-party claim arising from or related to your use of the Platform or Services.

This indemnification obligation shall survive the termination or expiry of these Terms and your use of the Platform.

12. Termination and Suspension

Either party may terminate this Agreement at any time by providing written notice to the other party. Where you wish to terminate, you may do so by cancelling your account through the Platform or by contacting Qmuzik at the contact details set out in clause 21.

Qmuzik may, in its sole discretion, immediately suspend or terminate your access to the Platform and Services, in whole or in part, without prior notice or liability, for any reason, including but not limited to:

your breach of any provision of these Terms;
conduct that Qmuzik reasonably believes is harmful to other Users, third parties, or the business interests of Qmuzik;
your account being subject to suspected fraudulent, abusive, or illegal activity; or
a request by law enforcement or another governmental authority.

Upon termination of this Agreement for any reason:

all licences and rights granted to you under these Terms shall immediately cease;
you shall immediately discontinue all use of the Platform and Services;
Qmuzik may, at its discretion, delete your account and any associated data, including User Content, subject to any retention obligations under applicable law; and
any fees owing to Qmuzik at the date of termination shall become immediately due and payable.

The following clauses shall survive the termination or expiry of this Agreement: clauses 2 (Definitions), 6 (Intellectual Property Rights), 7.2 (licence grant in respect of User Content), 9 (Limitation of Liability), 10 (Disclaimer of Warranties), 11 (Indemnification), 13 (Governing Law and Dispute Resolution), 15 (Severability), 16 (Entire Agreement), 17 (Waiver), and this clause 12.4.

13. Governing Law and Dispute Resolution

These Terms and any dispute, controversy, or claim arising out of or in connection with these Terms, including their existence, validity, interpretation, performance, breach, or termination, shall be governed by and construed in accordance with the laws of the Republic of South Africa.

The parties agree to submit to the exclusive jurisdiction of the courts of Pretoria, South Africa, for the resolution of any disputes arising out of or in connection with these Terms, subject to the provisions of ECTA relating to jurisdiction over electronic transactions.

Before instituting any formal legal proceedings, the parties shall first attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation for a period of not less than 30 (thirty) days from the date on which one party notifies the other in writing of the dispute.

Nothing in this clause shall prevent either party from seeking urgent interim or interlocutory relief from a court of competent jurisdiction where such relief is necessary to protect its rights or prevent irreparable harm.

14. Amendments and Modifications

Qmuzik reserves the right to amend, modify, or update these Terms at any time in its sole discretion. Any amendments shall be communicated to Users by publishing the revised Terms on the Platform and, where practicable, by sending notice to the email address associated with the User’s account.

Qmuzik shall provide Users with no less than 30 (thirty) days’ notice before any material amendments to these Terms take effect, unless a shorter notice period is required by law or is necessary to address a security or legal concern.

Your continued access to or use of the Platform or Services after the effective date of any amended Terms shall constitute your acceptance of and agreement to be bound by the amended Terms. If you do not agree to the amended Terms, you must cease all use of the Platform and cancel your account before the effective date of the amendments.

15. Severability

If any provision or part of a provision of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful, or unenforceable, such provision or part thereof shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

To the extent permitted by applicable law, the invalid, unlawful, or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent and economic effect of the original provision.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference herein, constitute the entire agreement between you and Qmuzik with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, negotiations, representations, warranties, and understandings, whether oral or written.

No prior or contemporaneous representations, inducements, promises, or agreements, whether oral or written, that are not embodied in these Terms shall be of any force or effect.

17. Waiver

No failure or delay by Qmuzik in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

No waiver of any provision of these Terms shall be effective unless it is made in writing and signed by an authorised representative of Qmuzik.

18. Assignment

You may not assign, transfer, delegate, or sublicence any of your rights or obligations under these Terms to any third party without the prior written consent of Qmuzik. Any attempted assignment or transfer in violation of this clause shall be null and void.

Qmuzik may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, to any affiliate, successor, or third party without your prior consent and without notice, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets.

19. Electronic Communications

By using the Platform, you consent to receive electronic communications from Qmuzik, including but not limited to account notifications, transactional messages, service updates, promotional communications, and legal notices, delivered via email, in-app notifications, or other electronic means.

In accordance with sections 11, 12, and 13 of ECTA, you agree that electronic records and communications between you and Qmuzik satisfy any legal requirement that such communications be in writing, and that electronic signatures, where applicable, shall have the same legal effect as handwritten signatures.

You are responsible for ensuring that your contact details, including your email address, are accurate and up to date. Qmuzik shall not be liable for any failure of delivery of electronic communications caused by inaccurate contact information provided by you.

20. Complaints

Qmuzik is committed to resolving complaints in a fair, transparent, and timely manner. If you have a complaint regarding the Platform or Services, you should first submit your complaint using the contact details set out in clause 21.

Upon receipt of a complaint, Qmuzik shall acknowledge the complaint within 5 (five) business days and shall use reasonable endeavours to investigate and resolve the complaint within 30 (thirty) business days of receipt.

If you are not satisfied with the outcome of Qmuzik’s internal complaints process, you may escalate the matter in accordance with the provisions of sections 69 to 71 of the Consumer Protection Act, which provide for the resolution of disputes through alternative dispute resolution, the filing of complaints with the National Consumer Commission, and referral to the National Consumer Tribunal or other competent forum.

Nothing in this clause shall limit your rights under the Consumer Protection Act or any other applicable legislation to seek redress through any competent court or regulatory authority.

21. Contact Information

For any queries, notices, or complaints relating to these Terms or the Platform, please contact us using the details below:

Full Name: Qmuzik Technologies (Pty) Ltd.
Registration Number: 1995/008101/07
Registered Address: Building A, Erasmus Forum, 434 Rigel Avenue, Erasmusrand, Pretoria, 0181, South Africa
Email Address: sales@qmuzik.com
Telephone: +27 12 640 3500