Terms of Service

By accessing or using LETHA Intelligence (“the Platform”), you agree to be bound by these Terms of Service (“Terms”) on behalf of yourself and the organisation you represent. If you do not agree, you may not use the Platform.

These Terms are a legally binding agreement between you and LETHA Group Industries (Pty) Ltd (“LETHA”, “we”, “us”), registration number 2023/197493/07, Johannesburg, Gauteng.

Use of the Platform is also governed by our Privacy Policy. Where a separate Master Service Agreement (“MSA”) has been executed, the MSA takes precedence in the event of any conflict.

Platform

The LETHA Intelligence web application, its API, and all related services.

Client

The organisation registered for and paying for access to the Platform.

Authorised User

An individual provisioned with a user account by the Client.

Supplier Data

B-BBEE certificates, supplier records, and related compliance documents uploaded by the Client.

Output

Reports, dashboards, alerts, and data extractions generated by the Platform.

Subject to payment of fees and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to access the Platform solely for:

• Uploading and managing your organisation’s B-BBEE supplier certificates
• Tracking ESD programme spend and compliance obligations
• Receiving automated expiry alerts and generating compliance reports
• Any other use expressly agreed in your MSA

This licence may not be sublicensed, resold, or transferred without our prior written consent.

You may not:

• Use the Platform for any unlawful purpose under South African law
• Upload documents you do not have the legal right to process or store
• Upload fraudulent, forged, or materially altered B-BBEE certificates
• Attempt to access another client’s data or any restricted part of the Platform
• Reverse engineer, decompile, or attempt to derive the Platform’s source code
• Use automated tools to extract data from the Platform in bulk
• Resell or sublicense access to the Platform without written consent
• Upload malware or any code intended to disrupt or damage the Platform

We reserve the right to suspend or terminate access immediately where prohibited conduct is detected or reasonably suspected.

We may use anonymised, aggregated, and de-identified data derived from Platform usage for product improvement, industry benchmarking, market intelligence, and regulatory reporting. No data identifying your organisation or suppliers by name will be shared with any third party without your prior written consent. This data-use right is a material term of these Terms and any MSA.

All intellectual property rights in the Platform — including software, algorithms, designs, trademarks, and documentation — are owned by or licensed to LETHA Group Industries (Pty) Ltd. Nothing in these Terms transfers intellectual property rights to you.

Fees are as set out in your order form or MSA. Unless otherwise agreed:

• Fees are payable monthly in advance
• Access may be suspended if payment is overdue by more than 14 days after written notice
• All fees are exclusive of VAT, which will be added where applicable
• We may revise fees on 60 days written notice; continued use after the effective date constitutes acceptance

We will use commercially reasonable efforts to make the Platform available. Planned maintenance will be communicated in advance where possible. We do not guarantee uninterrupted or error-free access. Specific uptime commitments, if any, are set out in the SLA schedule to your MSA.

Each party agrees to keep confidential all non-public information of the other party disclosed in connection with the Platform, and to use it only for the purposes of these Terms. Your Supplier Data is treated as your Confidential Information. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable South African law.

You agree to indemnify and hold harmless LETHA Group Industries (Pty) Ltd and its directors, employees, and agents from and against any claims, damages, losses, and costs arising from: your breach of these Terms; your violation of any applicable law; your upload of fraudulent or unlawful content; or any third-party claim arising from your use of the Platform or your Supplier Data.

We may update these Terms from time to time. We will notify you by email at least 30 days before material changes take effect. Continued use of the Platform after the effective date constitutes acceptance. If you do not agree, you may terminate your subscription before the effective date.

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the courts of the Gauteng Division of the High Court of South Africa, Johannesburg. The parties agree to attempt resolution through good-faith negotiation before initiating formal proceedings.

• Entire agreement: These Terms (and any MSA) constitute the entire agreement and supersede all prior representations.
• Severability: If any provision is unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision is not a waiver of the right to enforce it in future.
• Assignment: You may not assign your rights without our prior written consent.
• Force majeure: Neither party is liable for failure to perform due to events beyond their reasonable control, including load-shedding or government action.
• Notices: Formal notices must be sent to gabriel@lethagroup.co.za (for LETHA) and to the primary email on your account (for you).