These Terms of Service (“Terms”) constitute a legally binding agreement between you and Social Wiiv (Pty) Ltd governing your access to and use of our website, SaaS platforms, and all related services. Please read them carefully before using any Social Wiiv product or service.
By accessing or using any Social Wiiv website, platform, or service, you agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of all Social Wiiv products and services.
Your use of any Social Wiiv website, platform, or service constitutes full acceptance of these Terms and all policies incorporated by reference.
1.1 Agreement to Terms. By accessing www.socialwiiv.com or any Social Wiiv platform (including SOCIAL-EXP, SOCIAL-CXP, SOCIAL-PROMOTER, SOCIAL-TICKETS, SOCIAL-AFFILIATE, SOCIAL-ACTIVATIONS, SOCIAL-SNAPPER, and SOCIAL-SCREEN), creating an account, clicking “I Agree”, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1.2 Authority to Contract. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, you must not accept these Terms or use the services on behalf of that entity.
1.3 Age Requirement. You must be at least 18 years of age to use our services. By using Social Wiiv services, you represent and warrant that you meet this requirement.
1.4 Incorporated Policies. These Terms incorporate by reference our Privacy Policy, POPIA Compliance Notice, and any additional terms presented at the time of purchase or account creation. In the event of a conflict, the more specific document prevails.
Social Wiiv (Pty) Ltd is a South African registered technology company providing white-label SaaS platforms and digital solutions for brands and agencies across Africa and beyond.
The following defined terms apply throughout these Terms and all related Social Wiiv legal documents.
Social Wiiv retains all intellectual property rights in its platforms, technology, content, and brand assets. No transfer of ownership occurs through use of our services.
These names and associated platform brands are trademarks of Social Wiiv (Pty) Ltd. Unauthorised use is prohibited.
4.1 Ownership. The Social Wiiv website, all Platforms, source code, architecture, interfaces, algorithms, databases, documentation, branding, and all Content are the exclusive intellectual property of Social Wiiv (Pty) Ltd or its licensors. All rights are reserved.
4.2 Licence to Use. Subject to these Terms and any applicable commercial agreement, Social Wiiv grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for their intended purpose. This licence does not include any right to sublicense, resell, or commercially exploit the Services without prior written consent.
4.3 Trademarks. SOCIALWIIV, SOCIAL-EXP, SOCIAL-CXP, SOCIAL-PROMOTER, SOCIAL-TICKETS, SOCIAL-AFFILIATE, SOCIAL-ACTIVATIONS, SOCIAL-SNAPPER, SOCIAL-SCREEN and all associated logos, product names, and taglines are trademarks of Social Wiiv (Pty) Ltd. Nothing in these Terms grants you any right to use our trademarks, trade names, or logos without our prior written consent.
4.4 Prohibition on AI Training. You are expressly prohibited from using any Content from Social Wiiv’s website or Platforms as training data, fine-tuning data, prompt engineering inputs, evaluation data, or in any other capacity as an input to any artificial intelligence, machine learning, or large language model system, whether commercial or non-commercial, without prior written authorisation from Social Wiiv.
4.5 No Implied Licence. Nothing in these Terms implies or shall be construed as granting any licence to Social Wiiv’s Intellectual Property beyond what is expressly stated. Any use of our Intellectual Property beyond the scope of these Terms requires a separate written licence agreement.
4.6 Client Content Ownership. Clients retain ownership of their own User Data and proprietary content uploaded to the Platforms. By uploading User Data, you grant Social Wiiv a limited licence to process, store, and display that data solely for the purpose of delivering the contracted Services.
You may use Social Wiiv’s website and Platforms only for lawful purposes and in accordance with these Terms and any applicable commercial agreement.
5.1 Website Use. You may access and browse the Social Wiiv website for informational purposes, download materials that are explicitly marked for download, and contact us through provided communication channels.
5.2 Platform Use. Clients who have entered into a commercial agreement may access and use the contracted Platform(s) in accordance with the scope, user limits, and permitted use cases defined in their agreement with Social Wiiv.
5.3 End User Access. End Users may access Platforms only as authorised by the relevant Client and within the End User terms presented by that Client. Social Wiiv is not responsible for End User conduct on Client-deployed instances of the Platforms.
5.4 API Use. Where API access is granted under a commercial agreement, it must be used strictly within the rate limits, data scope, and purposes defined in the applicable API documentation and agreement. Automated access beyond agreed limits is prohibited.
The following activities are strictly prohibited. Violation may result in immediate termination of access and legal action.
Decompile, disassemble, reverse engineer, or attempt to derive the source code of any Platform or Service.
Use bots, crawlers, scrapers, or automated tools to extract Content or data from the website or Platforms without written consent.
Attempt to probe, scan, or test vulnerability of our systems, bypass authentication, or disrupt access for other users.
Copy, reproduce, distribute, or create derivative works from Social Wiiv’s Content or Intellectual Property without express written permission.
Use the Services to conduct, facilitate, or promote any activity that violates applicable South African law or the laws of any relevant jurisdiction.
Misrepresent your identity, impersonate another person or entity, or provide false information when creating an account or using our Services.
Upload, transmit, or introduce any virus, trojan, ransomware, or other malicious code through our website or Platforms.
Resell, sublicense, or otherwise commercialise access to our Platforms or Services without a written reseller or white-label agreement with Social Wiiv.
Submit, post, or transmit content that is defamatory, obscene, threatening, harassing, or otherwise harmful to any person through our Platforms.
Circumvent any technical limits, access controls, or usage quotas imposed on your account or API access without prior written consent.
Additional terms apply to Clients accessing Social Wiiv’s SaaS platforms under a commercial agreement, including subscription, access, availability, and termination.
7.1 Subscription Access. Platform access is provided on a subscription basis as defined in your commercial agreement. Access is contingent on timely payment of applicable fees and compliance with these Terms.
7.2 Service Availability. Social Wiiv targets 99.5% monthly platform uptime, excluding scheduled maintenance windows communicated in advance. Uptime guarantees, where applicable, are defined in your Service Level Agreement (SLA).
7.3 White Label Deployments. Where Social Wiiv provides a white-label instance of a Platform to a Client, the Client is responsible for ensuring its End Users are subject to appropriate terms of use and privacy notices consistent with these Terms and applicable law.
7.4 Changes to Platform. Social Wiiv reserves the right to modify, update, or discontinue any feature or component of its Platforms at any time. We will provide commercially reasonable notice of material changes. Continued use after notice constitutes acceptance.
7.5 Suspension. Social Wiiv may suspend access to the Platforms immediately, without prior notice, where we reasonably believe a Client or End User is in material breach of these Terms, poses a security risk, or has failed to make payment when due.
7.6 Termination. Either party may terminate a commercial agreement in accordance with its termination provisions. Upon termination, your licence to use the Platform ceases immediately. Social Wiiv will retain User Data for the period specified in the agreement and our Privacy Policy, after which it will be securely deleted.
The collection and processing of personal information by Social Wiiv is governed by our Privacy Policy and POPIA Compliance Notice, which are incorporated into these Terms.
8.1 Privacy Policy. Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, and your rights under POPIA. By using our Services, you consent to the processing of your personal information as described in the Privacy Policy.
8.2 Operator Relationships. Where Social Wiiv processes personal information on behalf of a Client as an Operator under POPIA, such processing is governed by a written Operator Agreement. Clients are responsible for ensuring they have a lawful basis for directing Social Wiiv to process their End Users’ personal information.
8.3 Client Responsibility. Clients are solely responsible for obtaining all necessary consents from their End Users for the collection, processing, and storage of personal information through Platform deployments. Clients indemnify Social Wiiv against any claim arising from a failure to obtain such consent.
8.4 Security Incidents. Social Wiiv maintains documented security measures in accordance with Section 19 of POPIA. In the event of a security compromise affecting personal information, Social Wiiv will notify affected Clients and the Information Regulator as required under Section 22 of POPIA.
8.5 Cookie Use. Our website uses cookies in accordance with our Cookie Notice. Non-essential cookies are placed only with your explicit consent, which you may manage at any time through our Cookie Preferences centre.
Social Wiiv provides its services to the highest professional standard. The following disclaimers apply to the extent permitted by South African law.
THE SOCIAL WIIV WEBSITE AND PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9.1 No Warranty of Fitness. Social Wiiv does not warrant that the Services will meet your specific requirements, that they will be error-free, uninterrupted, or that defects will be corrected. You use the Services at your own risk, subject to any warranties expressly provided in your commercial agreement.
9.2 Third-Party Links. The Social Wiiv website may contain links to third-party websites. These links are provided for convenience only. Social Wiiv has no control over the content or practices of third-party sites and accepts no responsibility for them.
9.3 Content Accuracy. While we endeavour to keep our website content accurate and current, we make no representations as to its completeness or accuracy. Website content is for general informational purposes only and does not constitute professional or legal advice.
9.4 Technical Interruptions. Social Wiiv does not warrant uninterrupted access to the Platforms. Scheduled and emergency maintenance, third-party infrastructure failures, and circumstances outside our control may cause temporary service interruptions.
Social Wiiv’s liability is limited to the maximum extent permitted by applicable South African law.
IN NO EVENT SHALL SOCIAL WIIV (PTY) LTD, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.
10.1 Aggregate Cap. To the maximum extent permitted by law, Social Wiiv’s total aggregate liability to you for any claims arising under or in connection with these Terms or the Services shall not exceed the total fees paid by you to Social Wiiv in the twelve (12) months immediately preceding the event giving rise to the claim, or R 5,000 (whichever is greater).
10.2 Excluded Losses. Social Wiiv shall not be liable for any loss of profits, loss of business, loss of revenue, loss of data, loss of anticipated savings, or any indirect or consequential loss, even if we have been advised of the possibility of such loss.
10.3 Exceptions. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by South African law.
10.4 Basis of the Bargain. You acknowledge that Social Wiiv has set its prices and entered into these Terms in reliance on the limitations and exclusions of liability set out herein, and that they form an essential part of the basis of the bargain between the parties.
You agree to defend and hold Social Wiiv harmless from claims arising from your use of the Services or your violation of these Terms.
11.1 Your Indemnity. You agree to indemnify, defend, and hold harmless Social Wiiv (Pty) Ltd and its directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
11.2 Cooperation. Social Wiiv reserves the right to assume sole control of the defence of any claim for which you are required to indemnify Social Wiiv. You agree to cooperate with Social Wiiv in the defence of such claim and not settle any claim without Social Wiiv’s prior written consent.
Both parties may be exposed to confidential information in the course of their relationship. Both agree to maintain appropriate confidentiality.
12.1 Mutual Obligation. Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the disclosure and the circumstances.
12.2 Social Wiiv Confidential Information. Social Wiiv’s Confidential Information includes, without limitation, its platform architecture, source code, pricing, roadmaps, client lists, business strategies, and any information provided in connection with a commercial agreement or proposal.
12.3 Permitted Disclosures. Confidential information may be disclosed to a party’s employees, contractors, or advisors who have a need to know and who are bound by confidentiality obligations no less protective than those in these Terms. Disclosure is also permitted where required by law or court order, provided the disclosing party gives prompt written notice where legally permissible.
12.4 Survival. Obligations of confidentiality survive the termination of these Terms or any commercial agreement for a period of three (3) years, except in respect of trade secrets, which remain protected indefinitely.
Social Wiiv may update these Terms from time to time. We will notify you of material changes and provide a reasonable period to review them before they take effect.
13.1 Right to Modify. Social Wiiv reserves the right to modify these Terms at any time. We will post the updated Terms on our website with a new “Last Updated” date. For material changes, we will provide at least 30 days’ notice by email (where we hold your contact details) or by displaying a prominent notice on our website.
13.2 Continued Use. Your continued access to or use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree with any modification, you must cease using the Services and notify us in writing.
13.3 Commercial Agreements. Modifications to these Terms do not affect the specific terms of any individual commercial agreement in force between Social Wiiv and a Client, unless such modification is expressly agreed in writing by both parties.
These Terms are governed by the laws of the Republic of South Africa. Disputes are subject to the jurisdiction of South African courts.
14.1 Applicable Law. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
14.2 Jurisdiction. Both parties irrevocably submit to the exclusive jurisdiction of the courts of the Republic of South Africa for resolution of any dispute arising out of or in connection with these Terms.
14.3 Dispute Resolution. Before initiating formal legal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct negotiation. Either party may request a written notice of dispute, and the parties shall have 30 days to resolve the matter amicably. This clause does not prevent either party from seeking urgent interdict or other emergency relief from a court of competent jurisdiction.
14.4 Consumer Protection. Nothing in these Terms excludes or limits any right you may have under the Consumer Protection Act 68 of 2008 or any other mandatory consumer protection legislation applicable in South Africa.
Standard legal provisions that apply to the interpretation and operation of these Terms.
15.1 Entire Agreement. These Terms, together with any applicable commercial agreement and the policies incorporated by reference, constitute the entire agreement between you and Social Wiiv regarding their subject matter, and supersede all prior agreements, understandings, and representations.
15.2 Severability. If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
15.3 Waiver. No failure or delay by Social Wiiv to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy. No waiver shall be effective unless given in writing.
15.4 Assignment. You may not assign or transfer any rights or obligations under these Terms without Social Wiiv’s prior written consent. Social Wiiv may assign these Terms or its rights hereunder without your consent in connection with a merger, acquisition, corporate restructure, or sale of substantially all of Social Wiiv’s assets.
15.5 Force Majeure. Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, load-shedding, natural disasters, pandemics, government actions, or third-party infrastructure failures, provided that the affected party promptly notifies the other and uses commercially reasonable efforts to mitigate the impact.
15.6 No Partnership. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and Social Wiiv. Neither party has authority to bind the other in any manner.
15.7 Headings. Section headings in these Terms are for reference purposes only and do not affect the interpretation of any provision.
For questions about these Terms, to report a violation, or to request a commercial agreement, please contact us using the details below.
For Terms queries, use subject: "Terms — [Query Type]"
