Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Jackhammer ("Jackhammer," "we," "us," or "our") governing your use of our e-commerce platform services.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

Jackhammer provides a Software-as-a-Service (SaaS) e-commerce platform that enables businesses to:

• Create and manage online stores
• Access and sell products from the Matus catalogue (17,000+ products)
• Upload and manage custom products
• Process customer orders and transactions
• Utilize SEO services to improve online visibility
• Customize store layouts and branding
• Access analytics and reporting tools

3. Account Registration and Security

3.1 Account Creation

To use our services, you must create an account by providing accurate, complete, and current information. You represent and warrant that:

• You are at least 18 years of age
• You have the legal authority to enter into this agreement
• All information provided is accurate and complete
• You will maintain and update your account information as needed

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your password meets security requirements

4. Subscription Plans and Billing

4.1 Subscription Plans

We offer the following subscription plans:

• Basic: R1,000/month - includes store setup, data management, access to Matus catalogue, layout options, and 24-hour support
• Basic with SEO: R1,350/month - includes all Basic features plus SEO services and marketing tips
• Professional with SEO: R2,500/month - includes all Basic with SEO features plus R500 monthly Google Ads credit

4.2 Billing Terms

• Subscription fees are billed monthly in advance
• Payments are due on the subscription renewal date
• All fees are in South African Rand (ZAR) and are exclusive of applicable taxes
• You authorize us to charge your payment method on file for all applicable fees
• Failed payments may result in service suspension or termination

4.3 Price Changes

We reserve the right to modify our pricing with 30 days' advance notice. Continued use of our services after a price change constitutes acceptance of the new pricing.

4.4 Refund Policy

Subscription fees are non-refundable except as required by law or at our sole discretion. If you cancel your subscription, you will retain access until the end of your current billing period.

5. Acceptable Use Policy

You agree not to use our services to:

• Violate any applicable laws, regulations, or third-party rights
• Sell illegal, counterfeit, stolen, or prohibited products
• Engage in fraudulent activities or misrepresent your business
• Distribute malware, viruses, or harmful code
• Harass, abuse, or harm other users or their customers
• Infringe on intellectual property rights of others
• Spam, phish, or engage in unsolicited marketing
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble our software
• Resell or sublicense our services without authorization

6. Content and Intellectual Property

6.1 Your Content

You retain all rights to content you upload to our platform ("Your Content"), including product descriptions, images, and store customizations. By uploading content, you grant us a license to use, store, display, and transmit Your Content solely to provide our services.

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not violate any third-party rights
• Your Content complies with these Terms and applicable laws

6.2 Our Intellectual Property

The Jackhammer platform, including software, designs, logos, trademarks, and documentation, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

6.3 Matus Catalogue

Product information from the Matus catalogue is provided for your use within our platform. You may not extract, copy, or redistribute this data outside of your Jackhammer store without authorization.

7. Customer Transactions

You are solely responsible for:

• Setting prices for products in your store
• Fulfilling customer orders accurately and timely
• Handling customer service, returns, and refunds
• Complying with consumer protection laws
• Collecting and remitting applicable taxes
• Ensuring product descriptions are accurate and not misleading

Jackhammer is not a party to transactions between you and your customers and is not responsible for disputes, chargebacks, or claims arising from such transactions.

8. SEO Services

Our SEO services include:

• Google Business Profile setup and optimization
• Keyword research and implementation
• Product visibility optimization
• Monthly performance reports
• Marketing recommendations

We do not guarantee specific search rankings or traffic levels. SEO results depend on various factors including competition, market conditions, and search engine algorithms beyond our control.

9. Third-Party Services

Our platform may integrate with third-party services including:

• Payment processors
• Shipping providers
• Analytics services (Google Analytics, Google Search Console)
• Marketing platforms

Your use of third-party services is subject to their respective terms and policies. We are not responsible for the performance, availability, or practices of third-party services.

10. Service Level and Support

10.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted or error-free service. We may perform scheduled maintenance with advance notice when possible.

10.2 Customer Support

We provide 24-hour support to all customers. Support is available via email at info@jackhammer.tools and phone at 011 493 9755 Ext 2.

11. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.

You are responsible for:

• Complying with privacy laws applicable to your business
• Obtaining necessary consents from your customers
• Maintaining a privacy policy for your store
• Protecting customer data you collect

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will be effective at the end of your current billing period. No refunds will be provided for partial months.

12.2 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms
• Payment fails or is disputed
• You engage in fraudulent or illegal activities
• Your use poses security or legal risks
• We are required to do so by law

12.3 Effect of Termination

Upon termination:

• Your access to the platform will be discontinued
• Your store will be taken offline
• We will provide a reasonable opportunity to export your data
• We may delete your data after 30 days, except as required by law
• You remain liable for all fees incurred prior to termination

13. Disclaimers and Limitations of Liability

13.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The services will be uninterrupted, secure, or error-free
• The results obtained from using the services will be accurate or reliable
• All errors or defects will be corrected

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JACKHAMMER SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or content

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Jackhammer and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content
• Transactions between you and your customers

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to conflict of law principles.

15.2 Dispute Resolution Process

In the event of any dispute, you agree to first contact us at legal@jackhammer.tools to attempt to resolve the matter informally. If the dispute cannot be resolved within 30 days, either party may pursue formal legal action.

15.3 Jurisdiction

Any legal action arising from or relating to these Terms shall be brought in the courts of South Africa, and you consent to the exclusive jurisdiction of such courts.

16. General Provisions

16.1 Modifications to Terms

We may modify these Terms at any time by posting the updated version on our website. Material changes will be communicated via email or through the platform. Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

16.2 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.3 Severability

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

16.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.5 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Jackhammer regarding our services.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.

17. Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us: