Terms of Service

Definitions

In these Terms, the following definitions apply:

• "Agency Services" means any done-for-you automation automation build, implementation, consulting, or retainer service delivered by Rokit Systems to a Client.
• "Rokit OS" or "the Platform" means the Rokit Systems software-as-a-service product accessible at app.rokitsystems.co.za, including all modules, tools, templates, prompt libraries, and associated features.
• "Client" means any individual, company, or entity that has engaged Rokit Systems for Agency Services or entered into a subscription agreement for the Platform.
• "User" means any individual with access to the Platform under a Client's account.
• "Deliverables" means any custom automation workflows, chatbot configurations, content systems, CRM integrations, or other outputs created by Rokit Systems for a Client under a service agreement.
• "White Label Partner" means a Client subscribed to the White Label plan of Rokit OS who has been granted explicit resell rights under these Terms and a separate White Label Agreement.
• "IP" means intellectual property, including but not limited to software, code, automation logic, prompt templates, workflow designs, brand assets, and documentation.
• "POPIA" means the Protection of Personal Information Act 4 of 2013, as amended.

Scope of Agency Services

2.1 Service Engagement

All Agency Services are agreed upon via a written Proposal or Statement of Work ("SOW") signed or accepted by both parties. No Agency Services will commence until a SOW is accepted and the applicable setup fee is received.

2.2 Deliverables Ownership

Upon receipt of all outstanding payments, the Client is granted a non-exclusive, non-transferable licence to use the Deliverables in the operation of their own business. This licence does not transfer copyright, underlying IP, or the right to resell, sublicense, or modify the Deliverables without written consent from Rokit Systems.

2.3 Monthly Retainer

Where a monthly retainer is agreed, Rokit Systems will provide ongoing hosting, monitoring, maintenance, and optimisation of Deliverables. Retainer services are billed monthly in advance. Rokit Systems reserves the right to suspend retainer services if payment is 14 days or more overdue.

2.4 Timelines

Estimated project timelines are provided in good faith. Rokit Systems will not be held liable for delays caused by the Client's failure to provide required access, information, approvals, or third-party dependencies outside of Rokit Systems' control.

2.5 Client Responsibilities

The Client is responsible for:

• Providing accurate business information required to complete the build
• Maintaining valid accounts with third-party platforms (WhatsApp Business API, Make.com, HubSpot, etc.) where required
• Ensuring their use of Deliverables complies with all applicable South African law
• Obtaining consent from their own customers as required under POPIA before processing personal information through any Rokit-built system

Rokit OS Platform

3.1 Subscription Plans

Access to Rokit OS is granted on a subscription basis. The following plans are available:

3.2 Account Access

Each subscription grants access to one account. Sharing login credentials with individuals outside your organisation is strictly prohibited. Rokit Systems reserves the right to terminate accounts found to be sharing access across multiple unrelated parties.

3.3 Free Trial

Rokit Systems may offer a free trial period of up to 14 days. No credit card is required during the trial. At the end of the trial, the User must select a paid plan to continue accessing the Platform. Rokit Systems reserves the right to modify or discontinue the free trial offer at any time.

3.4 Platform Availability

Rokit Systems will use reasonable efforts to maintain 99% platform uptime, excluding scheduled maintenance. Rokit Systems is not liable for downtime caused by third-party infrastructure (hosting providers, API services, internet outages) beyond its reasonable control.

3.5 Feature Changes

Rokit Systems may add, modify, or remove Platform features at any time. Material changes that reduce core functionality will be communicated to active subscribers with at least 30 days' notice.

Fees & Payment

4.1 Currency

All fees are quoted and invoiced in South African Rand (ZAR). Rokit Systems does not invoice in foreign currency.

4.2 Payment Terms

• Agency setup fees are due before project commencement unless otherwise agreed in writing.
• Monthly retainers are billed in advance on the same date each month.
• Platform subscriptions are billed monthly in advance.
• All invoices are due within 7 days of issue unless a different term is agreed in the SOW.

4.3 Late Payment

Invoices unpaid after 14 days may attract interest at the rate of 2% per month on the outstanding balance. Rokit Systems reserves the right to suspend all services and platform access for accounts more than 14 days overdue without liability for resulting disruption.

4.4 Refunds

4.5 Price Changes

Rokit Systems reserves the right to adjust pricing with 30 days' written notice to existing clients. Continued use of services after the effective date constitutes acceptance of the new pricing.

Intellectual Property

5.1 Rokit Systems' IP

The following remain the exclusive property of Rokit Systems at all times:

• The Rokit OS platform, its codebase, UI, modules, and all associated software
• All automation workflow templates, prompt libraries, and automation model configurations created by Rokit Systems
• The underlying architecture, logic, and methodology used in any Deliverable
• All Rokit brand assets including name, logo, and visual identity
• All training materials, documentation, and process guides

5.2 Client's IP

The Client retains full ownership of their own business data, existing brand assets, customer information, and any content they provide to Rokit Systems for use in a build. Rokit Systems will not use Client-provided data for any purpose other than delivering the agreed services.

5.3 Outputs and Generated Content

Content generated by automation systems built for or used by a Client (e.g., listing copy, email content, social media posts) is owned by the Client once generated, subject to the terms of the underlying automation model providers used.

5.4 No Reverse Engineering

Prohibited Use & Reselling

6.1 Prohibited Activities

The following are strictly prohibited under all plans unless explicitly authorised in writing by Rokit Systems:

• Reselling, sublicensing, or offering Rokit OS access to third parties
• Representing Rokit OS as your own proprietary platform without a White Label Agreement
• Sharing account credentials with parties outside your own organisation
• Using the Platform or Deliverables to build a competing automation automation service or SaaS product
• Removing, obscuring, or altering any Rokit Systems branding, attribution, or watermarks without written consent
• Using the Platform to process, store, or transmit unlawful, defamatory, fraudulent, or harmful content
• Automated scraping or data extraction from the Platform beyond normal usage

6.2 Legitimate Reselling — White Label Plan

Clients on the White Label plan are permitted to resell access to Rokit OS features under their own brand, subject to:

• Execution of a separate White Label Partner Agreement
• Maintaining an active White Label subscription in good standing
• Not misrepresenting the underlying technology as entirely their own development
• Ensuring their own end-clients are bound by terms equivalent to these Terms of Service
• Not pricing White Label services below Rokit Systems' own published rates in a manner that undermines the market (fair competition clause)

6.3 Enforcement

Rokit Systems reserves the right to immediately terminate any account found in violation of this section and to pursue damages under South African law. Suspected violations may be reported to legal@rokitsystems.co.za.

Confidentiality

7.1 Mutual Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement, including but not limited to: business strategies, pricing, client data, technical methods, and proprietary processes.

7.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party prior to disclosure
• Is required to be disclosed by law, court order, or regulatory authority

7.3 Duration

Confidentiality obligations survive the termination of these Terms for a period of 3 years.

Data & POPIA Compliance

8.1 Data Responsibility

Rokit Systems processes personal information in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA). Rokit Systems acts as an Operator when processing personal information on behalf of a Client, and as a Responsible Party in respect of its own platform and subscriber data.

8.2 Client Obligations Under POPIA

Where Rokit Systems builds systems that collect or process the personal information of the Client's customers (e.g., WhatsApp chatbots that capture lead details), the Client is the Responsible Party for that data. The Client agrees to:

• Obtain lawful consent from their customers before personal information is captured by any Rokit-built system
• Maintain a POPIA-compliant privacy policy accessible to their customers
• Notify Rokit Systems promptly if they become aware of a data breach involving Rokit-built systems
• Not instruct Rokit Systems to process personal information in a manner that would violate POPIA

8.3 Rokit Systems' Data Commitments

• We do not sell Client or User personal information to third parties
• We retain project data for a maximum of 24 months after contract termination unless otherwise agreed
• Upon written request, we will delete or return Client data within 30 days of termination
• We implement reasonable technical and organisational security measures to protect data

8.4 Third-Party Tools

Rokit Systems uses third-party platforms including Make.com, Zapier, Voiceflow, HubSpot, and Anthropic Claude in delivering services. These platforms maintain their own privacy and data terms. By engaging Rokit Systems, you accept that data may pass through these platforms in the course of service delivery.

Warranties & Limitation of Liability

9.1 Rokit Systems Warranties

Rokit Systems warrants that:

• Services will be performed with reasonable skill and care
• The Platform will be available with reasonable uptime as described in Section 3.4
• We have the right to provide the services and grant the licences described in these Terms

9.2 No Guarantee of Results

9.3 automation-Generated Content

Content generated by automation systems (listing copy, emails, social posts, chatbot responses) may contain errors, inaccuracies, or outputs that require human review. The Client is responsible for reviewing and approving system-generated content before publishing or sending it to their customers. Rokit Systems is not liable for errors in automation generated outputs.

9.4 Limitation of Liability

To the maximum extent permitted by South African law, Rokit Systems' total liability to the Client for any claim arising out of or related to these Terms shall not exceed the total fees paid by the Client to Rokit Systems in the 3 months preceding the claim.

Rokit Systems shall not be liable for:

• Indirect, consequential, or special loss or damage
• Loss of profit, revenue, or business opportunity
• Loss or corruption of data
• Damage caused by the Client's own misuse of Deliverables or the Platform

9.5 Consumer Protection Act

Nothing in these Terms is intended to exclude or limit any right the Client may have under the Consumer Protection Act 68 of 2008 or any other applicable South African consumer protection legislation that cannot be excluded by agreement.

Termination

10.1 Termination by Client

The Client may terminate monthly services by providing 30 days' written notice via email to hello@rokitsystems.co.za. Platform subscriptions may be cancelled at any time; cancellation takes effect at the end of the current billing period. No refunds are issued for unused time within a billing period.

10.2 Termination by Rokit Systems

Rokit Systems may terminate services immediately and without refund if the Client:

• Breaches any material provision of these Terms
• Fails to pay outstanding invoices within 30 days of their due date
• Uses services for unlawful, fraudulent, or harmful purposes
• Violates the reselling or prohibited use provisions in Section 6

10.3 Effect of Termination

Upon termination:

• All licences granted under these Terms cease immediately
• The Client's access to the Platform is revoked
• Rokit Systems will provide a data export of the Client's own data upon written request within 30 days of termination
• Outstanding invoices remain payable in full
• Provisions relating to IP, confidentiality, and liability survive termination

Dispute Resolution

11.1 Good Faith Negotiation

In the event of a dispute arising from these Terms, both parties agree to first attempt resolution through good faith negotiation. A party wishing to raise a dispute must notify the other in writing, and both parties shall meet (in person or virtually) within 14 business days to attempt resolution.

11.2 Mediation

If negotiation fails within 30 days, either party may refer the dispute to a mutually agreed independent mediator. The costs of mediation shall be shared equally.

11.3 Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Should mediation fail, disputes will be subject to the exclusive jurisdiction of the South Gauteng High Court (or the Magistrate's Court if the value of the claim falls within its jurisdiction).

General Provisions

12.1 Entire Agreement

These Terms, together with any signed Proposal or Statement of Work, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements.

12.2 Amendments

Rokit Systems may update these Terms from time to time. Material changes will be communicated via email to registered users at least 14 days before taking effect. Continued use of services after the effective date of changes constitutes acceptance.

12.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.

12.4 Waiver

Rokit Systems' failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it in future.

12.5 Force Majeure

Neither party will be liable for delay or failure to perform obligations due to circumstances beyond their reasonable control, including load shedding, natural disasters, government actions, or infrastructure failures — provided the affected party notifies the other promptly and makes reasonable efforts to resume performance.

12.6 Contact

For any questions, notices, or legal correspondence related to these Terms: