General Terms and Conditions

1. TPH owns various development tools, know-how, trade secrets, data, and materials that are used in the development, implementation, and delivery of its offerings, including, without limitation, internally developed software, source code, computer programs, and third-party software components (collectively referred to as the “Services”). This technology, whether developed or licensed by us, constitutes our “intellectual property” and is used to create, implement, and deliver the Services.
2. We use and provide commercially licensed and Open Source software. “Open Source” means software has been developed in a collaborative forum or may be used for collaborative purposes, and is released under a licence in terms of which the person with ownership rights to that software grants other users the rights to use, study, change, and distribute the software and its source code to anyone and for any purpose.
3. If the software is not Open Source, then we are authorised to license the use of the named Service in part or together with other Services, provided that we offer the licence and/or the relevant Services in the licensed form. If the software is licensed to us by a third party then we and you are bound by the terms and conditions of use of the licence for that technology.
4. Subject to these General Terms and Conditions as well as any specific terms applicable to a particular Service, your Account enables you to access our support and create one or more subscriptions (being an arrangement through which you obtain access to a specific Service). Each subscription grants you a non-exclusive, non-transferable licence to access and use the relevant Service via the Online Portal, in accordance with any additional terms and conditions of that Service.
5. Services are provisioned through the Online Portal and may only be accessed by users who have an Account, unauthorised sharing of accounts are prohibited. You access to the Online Portal is available exclusively through your Account, which is associated with a parent company. Within the Online Portal, one or more Subscriptions may be created under the parent company, each enabling access to a specific Service. Your Account may be granted permission to access a Service, as well as related features such as billing information, documentation, or other resources, depending on the permissions assigned to you by the parent company.
6. Services do not include your connection to the internet, your browser, your network security and any equipment that you use including a device.
7. Services may include Third Party Cloud Services. There are specific terms and conditions for these Services.
8. We may change or vary the Services from time to time and will try to notify you when we do so. The Services are dependant in some cases, on third party suppliers and in some cases, we may have to decline an order for reasons specific to the third-party supplier, or apply other terms and conditions to its own relationship with you if these are obligatory in terms of your licence to use those services.
9. You should not do anything that will or would tend to cause any interference to the operation of the Website, any of the Services or the Online Portal; or the use by others of the Website, any of the Services or the Online Portal.
10. Unless we specify otherwise, we are not obliged to provide support for use of software or error corrections or updates. We will do so if our third-party supplier provides us with these services.
11. TPH takes reasonable steps to ensure that both the Services and the Pricing are accurately reflected on the Website but if there are any errors in the way that either the Services or the Pricing are described, TPH will not be liable for those errors and your sole remedy is to cancel the Services.

1. Third Party Cloud Services refer to software or services made available to you through your agreement with us, but which are provided, hosted, or operated by a third-party supplier. These services may be licensed to you by us under our commercial terms, but access to and use of the services may also be governed by the terms and conditions of the third-party provider.
2. Some Third Party Cloud Services may not be fully accessible or manageable via our Online Portal. In such cases, you may be required to access and manage the service directly through the third-party provider’s own portal or interface. By doing so, you acknowledge and agree that you are also bound by any applicable terms, conditions, or usage policies imposed by that third-party provider.
3. Where access to a third-party platform is required, TPH may create an initial account or provide login credentials for the Third Party Cloud Service to facilitate setup. However, once access is provided, the account and its usage become your sole responsibility. You are responsible for all actions taken through that account, including but not limited to creating additional accounts, managing access permissions, enabling security measures such as two-factor authentication (2FA), generating or protecting API tokens, and complying with the third-party provider’s security and usage policies. TPH has no visibility into, responsibility or control over how you manage your account or use the third-party platform after initial access is granted.
4. You will be solely liable to the third-party provider for any misuse of, or any actions performed through, your third-party user account, including any breaches of the third party’s terms of service or applicable laws.
5. Until your data and Services are migrated to the Third Party Cloud Service, they shall be considered to reside on your infrastructure and remain under your control.
6. For purposes of these Terms, the term “data” refers to electronic representations of information in any form, as defined in the Electronic Communications and Transactions Act, Act 25 of 2002.

1. The Online Portal is an electronic digital gateway owned and operated by TPH which enables you, via your approved Account, to access the Service functionality and features we provide. Access to Services requires an active subscription. Through the Online Portal, you may create subscriptions to enable Services, and obtain up-to-date pricing and billing information associated with your Account.
2. You must only use the Online Portal and the information, search results, our intellectual property, documents or any combination that appears on the Online Portal or by accessing it (we refer to this as our “materials”), for the limited purposes for which you have acquired access; and otherwise for lawful and authorised purposes.
3. You may not (i) reproduce and/or copy our materials; (ii) resell or distribute our material; (iii) re-transmit our material by any medium of communication except where expressly permitted in the terms and conditions that apply to a particular Service; (iv) upload and/or repost our material to any other site on the internet; and/or (v) frame our material with other material on any other site on the internet.
4. You may access and download our material solely for your own use if expressly permitted to do so, but when you do so you may not (i) make our material available to third parties on any commercial terms; or (ii) remove any copyright or trademarks contained on our material.

1. THE SOFTWARE COMPRISED IN, THE ONLINE PORTAL AND THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND WE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS, WHETHER LATENT OR PATENT. WE DO NOT WARRANT THAT THE SOFTWARE COMPRISED IN OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
2. Nothing in this warranty section affects your statutory rights if you are a consumer.

1. You must have an internet connection to make use of the Website, Online Portal and Services. It is your responsibility to ensure that this connection is secure and active at all times.
2. You will be able to access the Online Portal and Services using your Account.
3. By downloading, installing, or otherwise using our software and/or accessing the Website or Online Portal, and by using your Account, whether it was created by you, by us on your behalf, by a reseller or distributor, or by another party within your organization (including your parent company), you agree to be bound by our terms and conditions. You are solely and fully responsible for all activity that occurs under your Account, regardless of who performs the actions, and you accept full liability for any use or misuse of the Account. This responsibility also applies to any account used by you that has been specifically created on a Third Party Cloud Service in relation to your use of the Service. You remain fully liable for any actions performed through such third-party accounts, including ensuring adequate security, access controls, and compliance with any applicable terms of the third-party provider.
4. If you are a reseller or distributor registered with us for the purpose of providing access to the Services or the Online Portal to an end user, you are responsible for the actions and omissions of every such end user (where the "end user" refers to any person or entity who uses the Services or Online Portal under your authority). You are also responsible for any breach of these General Terms and Conditions by any end user. It is your obligation as a reseller or distributor to ensure that these General Terms and Conditions are made known to every end user. In the event of any conflict between these General Terms and Conditions and the terms of a separate written agreement between you and TPH as a reseller or distributor, the terms of the separate agreement shall prevail.
5. You may be able to access any of these on any mobile device, although they may look different on a computer.
6. TPH does not endorse any linked websites’ content or resources and cannot give any guarantee that those links will work properly or at all if you try to access them through the Website, the Online Portal or Third Party Cloud Services.
7. TPH may terminate your ability to access the Website and/or the Online Portal and/or any of the Services if you are in breach of any of the General Terms and Conditions or conditions applying to a particular Service, or if your payment fails to clear (in relation to your Account) or you do not make payment, or for all of these reasons. We may also be required to terminate your access by law.
8. You may NOT (i) copy and use our own or our licensed software except as directed in relation to a specific Service or access to the Online Portal or Website; (ii) reverse engineer, decompile, disassemble or attempt to derive the source code, underlying ideas, algorithm or structure of software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make the software or Services or Online Portal or Website available to any third party in any form, except where expressly authorized under a separate written agreement entered into with us that grants reseller or distributor rights; (iv) modify, translate or otherwise create any derivative works of any software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the software; (vi) use the software or any Service or allow its use, transfer, transmission or export in breach of any applicable export control laws, rules or regulations; (vii) distribute, permit access to, or sublicense the software as a stand-alone product; (viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by us in connection with the software, or use the software together with any authorization code, serial number, or other copy protection device not supplied by us directly or through an authorized reseller.
9. We do not represent, warrant or undertake that the Website, Services or Online Portal will be secure or free from bugs, viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
10. You are responsible for configuring your client equipment, programmes and platform to enable access to the Website, Service and Online Portal.

1. To use the Website, Online Portal or Service, you will need an Account. An Account may be created by you via sign-up, or it may be created for you by us, or by your parent company, a reseller, a distributor, or another authorised party. An Account may take the form of a traditional user account or an access credential such as a token, including for programmatic or API-based access. Regardless of how the Account is created or what form it takes, you may be required to provide certain personal or identifying details, primarily to ensure your access is secure, and to enable us to accurately track payments and your access to and use of the Website, the Online Portal, and the Services.
2. We reserve the right to decline or delay activation of an Account if the information provided is incomplete, inaccurate, unverifiable, or does not meet our onboarding, security, or eligibility requirements.
3. You represent and warrant that all information and data you provide to us, whether during sign-up, onboarding, or through ongoing use of the Service, is and will remain true, accurate, complete, and up to date. You agree to promptly update your Account details if any of the information changes or becomes inaccurate. Should it be found that falsified information has been provided to us in an attempt to mislead us, we reserve the right to immediately cancel your account.
4. If your Account is approved, we will provide you with the necessary access credentials, such as a username, password, access token, or activation link, to enable access to the Services via the Online Portal or Website. These credentials may be created by you during the sign-up processor or using various options in the Online Portal, or issued to you by us, your parent company, a reseller, or a distributor, depending on how the Account was established.
5. You are solely responsible for keeping your access credentials, including any username, password, access codes, tokens, or other authentication method, secure and accessible only to authorised users. Any access to the Online Portal or use of the Services through your Account will be deemed to have been carried out by you. You will be fully liable for any payments or fees due, misuse, or breaches of these terms that result from such access or use, whether authorized by you or not.
6. You must immediately report any suspicious, unauthorised, or potentially compromised activity related to your Account, including but not limited to misuse of your username, password, access code, API token, or any other authentication credentials, as soon as you become aware of it. Prompt notification is essential to help us take appropriate action to protect your Account and prevent further misuse. Failure to report such activity may result in continued liability for any resulting losses or breaches.
7. You may need to update your credentials from time to time, and we may require you to provide additional information or documentation for this purpose. It is your responsibility to update the details provided in relation to your Account if they change.
8. As part of setting up your Account, we may ask you to indicate your preferred method(s) of communication (such as SMS, email, or WhatsApp). While you may choose to opt out of certain communications, doing so may limit your ability to receive important information related to your use of the Services, the Online Portal, or parts of the Website. In some cases, full access to the Services may not be possible without accepting certain operational or security-related communications.
9. The Service is provided on a subscription basis for a defined period, as specified in your selected plan. If permitted by the Service, you may upgrade or downgrade your subscription, or subscribe to additional Services, at any time after your Account has been created. Any such changes may be subject to the applicable pricing and terms outlined in the Pricing section. Adjustments to your subscription may affect your billing cycle and access level, depending on the timing and nature of the change.

1. Providing personal information. To set up your Account and to enable you to access the Online Portal and Services, we will ask you for and store certain information. If you are an individual, we will need information about you including your name, contact details which may include an address and telephone number, and your bank details. If you are a company, the information may consist in the company name, company registration and VAT numbers, address and contact details of your authorised representative. We may also request technical or contextual information relevant to specific Services, for example, your domain name, IP address ranges, or platform identifiers.. We refer to all of this as “personal information”.
2. Aggregated use. We may aggregate parts of your personal information which we call “other information” with the other information relating to other users that we process for statistical analysis. Other information includes aggregated or anonymised personal information. This other information is likely, in the case of individuals, to include age, gender and occupation, but when we use it for statistical analysis it will not include your name or other identifying characteristics or information. This analysis is purely to understand the general profile of users of our Services and our Website. Other information will not be shared with anyone outside of TPH.
3. Other types of use. We will need to use your personal information to notify you of new types of content, changes to the terms and conditions, to send invoices, to send you promotional information, or if TPH has to act against you for breaching these terms and conditions or failing to make payment as required for the Service.
4. Type of use. We will use personal information only for the purposes outlined in, among others, our General Terms and Conditions, General Data Processing Agreement, and Privacy Policy, as well as any other applicable agreements governing your use of TPH Services. These documents are available on our Website.
5. Storing personal information. Your personal information may be stored in a secure backed-up system that uses encryption to protect personal information. This is operated by a professional in the information technology sector who is our service provider and bound by terms and conditions that include how they deal with our Website and all information collected either through the Online Portal or in the course of providing the Services.
6. Other access to personal information. We may collect certain technical and usage information when you access the Website or Online Portal. This may include your IP address, internet browser type and version, operating system, device type, login timestamps, approximate geographic location, and pages visited. This information is typically aggregated to analyse usage patterns, measure system performance (such as number of visits, average time spent on a page, and page views), and improve user experience. In some cases, we may also use this information to enhance the security of our systems, for example, by identifying unusual login activity or verifying access based on location or device consistency. We do not use this information to identify individuals unless required to investigate a security incident or breach.
7. Your rights. You may ask for access to any or all of your personal information and you may ask us to delete your personal information at any time by contacting support@tph.io. You can also ask us to stop sending you promotional and marketing information by sending us an email at info@tph.io. No personal information will be disclosed to anyone outside of TPH unless you specifically authorise this, or unless TPH has to disclose it by law.

1. You will be charged in accordance with the Pricing, your selected Subscription type, actual usage (if applicable), and the relevant Billing Period. All charges are subject to the applicable terms of your Subscription, including whether fees are once-off, recurring, or usage-based, and whether they are billed in advance or in arrears. Charges will be invoiced and collected in line with the Billing Period and invoicing practices described below.
2. Payment Methods. Depending on your account configuration and agreement with us, payment for Services may be made either (i) on a postpaid basis, where you are invoiced and required to settle the invoice by electronic funds transfer (EFT) within the payment terms specified on the invoice; or (ii) on a prepaid basis, where charges are automatically billed to your credit card in advance of the applicable billing period. The applicable payment method will be determined during onboarding or specified in your customer agreement, and may vary depending on your Subscription type or billing profile.
3. If your payment method is prepaid, you authorise us to deduct payment for Subscription Services from your credit card, and you represent to TPH that you have the necessary authority to authorise such deductions and that sufficient funds are available to complete the transaction. TPH only accepts Visa and Mastercard for prepaid payments. If you have made a separate arrangement with us and your payment method is postpaid, we may accept electronic funds transfer (EFT) as your payment method, subject to the agreed terms.
4. Billing Period. For postpaid accounts, our billing period for Subscription-related transactions follows a monthly cycle, running from the 26th of each calendar month through to the 25th of the following calendar month. Invoices are issued on the 25th of each month and cover charges for the current Billing Period, that is, from the 26th of the previous month to the 25th of the current month. Subscription charges are billed in advance unless otherwise stated, and usage-based (Consumption-Based) Subscriptions are billed in arrears based on actual usage during the same period. For prepaid accounts, we may bill and issue an invoice immediately and in advance for the full Subscription, as well as for any changes to the Service, including prorated amounts. Prepaid billing may occur outside the standard monthly billing cycle and will reflect the effective date of the Subscription transaction or change.

1. The Online Portal provides you with access to detailed billing records associated with your Subscriptions. This includes a complete list of all transactions, downloadable statements, and a billing forecast feature for visibility into upcoming charges.
2. TPH takes reasonable steps to ensure that the Services and Pricing are accurately described on the Website and within the Online Portal. However, we do not guarantee that all content, pricing, or service details will be error-free. If you believe there is a mistake in the way a Service or its Pricing has been presented or charged, you must contact us at support@tph.io. We will investigate the issue in good faith and confirm any necessary corrections. TPH will not be liable for any such errors, and your sole remedy will be to cancel the affected Subscription and Service in accordance with these Terms.
3. If you choose to pay by credit card, your card information will be processed and securely stored by our third-party payment provider, Peach Payments. TPH does not store or have access to your full credit card details. By making a payment through Peach Payments, you agree to their terms and conditions, privacy policy, and security practices. You are responsible for reviewing and accepting their terms before proceeding with any payment.
4. If you fail to pay your account on a postpaid basis, or if we are unable to successfully process a payment on your credit card for a prepaid Subscription, we reserve the right to immediately suspend or cancel your Subscription and access to the Services via the Online Portal. We may also remove or delete any data associated with your Account and Service without further notice. You acknowledge and agree that TPH will not be liable for any loss, damage, or consequences you may suffer as a result of such cancellation, suspension, or data removal.
5. Subscription Cancellations and Deprovisioning. Subscription cancellations in the Online Portal may be subject to a defined cancellation period and a separate deprovisioning period, both of which will be specified at the time of cancellation or as outlined in the applicable Service terms. Final billing may still occur during or after the cancellation period, and may include prorated or usage-based charges incurred up to the effective date of cancellation. Access to the corresponding Service will end at the conclusion of the cancellation period. All data associated with the Service will be permanently deleted on or after the deprovisioning date. You are solely responsible for securing and backing up any data prior to the deprovisioning date. TPH accepts no responsibility or liability for any loss, disruption, or consequences arising from the cancellation or deprovisioning of a Subscription or its associated Service.
6. Once payment has been made, you will not be entitled to any refund for any reason, unless the Service becomes permanently unavailable or unless otherwise agreed to in writing by TPH. Refunds will not be granted for partial usage, early termination, or any perceived value loss, unless explicitly provided for under a separate agreement or written confirmation from TPH.

1. Means the fees, charges, and rates applicable to your Subscription for the Services, billed on a periodic basis (such as monthly or annually), as published on the Website or displayed within the Online Portal. In the event of any discrepancy between the Pricing shown on the Website and the Pricing displayed in the Online Portal, the Pricing in the Online Portal will take precedence. Pricing is based on a Subscription model and may include once-off, recurring, usage-based, or bundled fees, depending on the nature of the Services selected. Subscriptions may be billed in advance or in arrears, depending on whether the Services are fixed, prepaid, or usage-based. Pricing may also vary based on billing frequency, Service tier, or any customer-specific commercial arrangements. All Pricing is subject to change in accordance with these Terms and excludes any applicable taxes or third-party payment processing fees, unless expressly stated otherwise.

1. TPH may obviously need to make changes to the Website, the Pricing, the Services, and the terms on which they are provided including these General Terms and Conditions, from time to time. When these changes are made we will publish them to the Website so that you can review them.
2. If you don’t want to be subject to the amended terms, you can notify us to terminate your access to the Service and we will close your Account.

1. You may use the Website and, subject to what we say below, the Online Portal and Services and the software comprised in them, on a month to month basis or for the period for which you sign up to the Services.
2. Your use of the Website, the Online Portal, and any Services is dependent on, among other things, payment of the relevant fees as set out in the Pricing section of the Website.
3. We may suspend or terminate your Account if (i) you do not pay fees on time or at all; or (ii) if you are in breach of any of the General Terms and Conditions, terms of any Service or the Online Portal, or of use of the Website; or (iii) if you cause us to be in breach of any of our licence agreements with our third-party suppliers.
4. We may also suspend or terminate your Account if (i) we are required to do so by law; or (ii) because you have used the Service, the Website or the Online Portal in any way that is prohibited by law or the licensor of any relevant software comprised in the Service; or (iii) if we can no longer provide the Services for any reason; or (iv) access to the Website or Online Portal or provision of our Services are terminated for reasons out of our control; or (v) your use may or does cause harm to anyone else, or to the TPH equipment; or (vi) you infringe our or any third party’s intellectual property.
5. Termination of your Account means that any agreement, contract or other relationship between us in terms of which you access the Website or the Online Portal or receive Services from us is also terminated.
6. Upon termination or expiry (in the case of an Account that is created for an agreed period of time) you must (i) immediately discontinue use of the software, and (ii) promptly destroy or return all copies of the software to us.
7. Termination may take place with immediate effect. If you have paid fees in advance, unless we can no longer provide the Services, you will not be entitled to a refund. If we can no longer provide the Services, we will refund any prepaid fees on a pro rata basis.
8. Suspended Accounts may be restored on payment of a fee provided that the reason for the suspension has been satisfactorily addressed.

1. We are not liable for any failure or interruption of your internet connection or any part of the system you use to access the internet; or the introduction or effect of any software virus, malware, or other internet disruptors, including hacking and cybersecurity issues that you may experience while you are using the Website, the Online Portal, or any Services.
2. If you access any other links through our Website or Online Portal we are not liable for any issues arising with that the third-party (or social media) platform.
3. Your use of the Services, Online Portal and Website and payment mechanism is at your sole risk. These are provided to you “as is” and TPH makes no representations or warranties concerning any of them.
4. We may use cookies to enable certain features on our Website and Online Portal, and to track and analyse usage patterns. These cookies help us improve functionality and user experience. Cookies do not collect personal information unless explicitly stated. For more information, you can view our Cookie Policy.
5. Our total liability arising from any cause whatsoever, shall be limited to the amount of fees paid by you to TPH in the immediately preceding 6 months.
6. We shall not be liable to you or any end user for any indirect or consequential loss of any kind at all and whether or not it was foreseeable.
7. You will be liable to us for unpaid fees, any breach of our terms and conditions whether on the Website or otherwise.
8. You must not knowingly or carelessly introduce bugs, viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or attack our Website, Services or Online Portal in any way. We will report any attack to the relevant authorities and we will disclose your identity to them.
9. You indemnify us against any loss we may sustain, or liability we may incur, or claim that may be made against us as a result of your (i) use or breach of any of our Services and software licences; (ii) infringement of our or our licensor or other supplier’s intellectual property; (iii) damage to the TPH equipment; and (iv) breach of our General Terms and Conditions or terms of use of the Website, any Service or the Online Portal.

1. Any failure by us to enforce any right or provision of the General Terms and Conditions or any specific terms and conditions applying to a Service or the Online Portal shall in no way constitute a waiver of that right or provision.
2. We may take any action against you that is available to us in law or in these General Terms and Conditions, or both, including reporting any activity that is criminal in nature to the relevant authorities.

1. These General Terms and Conditions are to be interpreted and will be governed by, the laws of South Africa and we and you agree to the jurisdiction of the Magistrate’s Court of Randburg.

Please direct any queries to one of the following:

• Support queries: support@tph.io
• Sales: sales@tph.io
• Other queries: info@tph.io