Terms of Service

Welcome to the services operated by Mighty Toolkit (Pty) Ltd (registration number 2025/685291/07), a company registered in South Africa. These Terms of Service ("Terms") govern your access to and use of the products, features, and services (collectively, the "Services") provided by Mighty Toolkit, including but not limited to Mighty Workflow, Mighty Monitor, and any other products we offer.

By using any of our Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

1. Who We Are

Mighty Toolkit (Pty) Ltd ("Mighty Toolkit," "we," "us," or "our") operates a suite of software products and services. Our registered address is 2 Willow Ridge, Royal Ascot, Cape Town, Western Cape, 7441, South Africa. You can reach us at [email protected].

2. Definitions

• Subscriber: The individual or entity that creates an account or workspace, is assigned the Owner role, and is responsible for fees and user access control.
• Invited Users: Individuals invited by the Subscriber to access the Services, including Team Members (collaborators) and Contacts (external participants).
• Workspace: The environment containing Customer Data, Users, and associated settings within a product.
• Customer Data: Any data, files, documents, form responses, or content submitted to the Services by Users.
• Anonymised Data: De-identified or aggregated data that cannot reasonably identify individuals.
• Merchant of Record: Dodo Payments Inc., authorised to process payments and handle tax collection on our behalf.

3. Who You Are

You must be at least 18 years old to use our Services. The Services are not directed toward children under 18. As a Subscriber/Owner, you are responsible for:

• Paying all subscription fees
• Managing workspace subscription changes
• Controlling access, roles, and permissions for Invited Users
• Resolving disputes with Invited Users
• Taking full responsibility for all activity within your workspace

4. Your Account & Workspace

By creating an account or workspace, you commit to:

• Providing true, accurate, and complete information
• Maintaining current contact details
• Keeping login credentials secure with strong passwords
• Notifying us immediately of any unauthorised access
• Accepting full responsibility for all workspace activity

5. Acceptable Use & Fair Use

Prohibited Activities

You may not: break laws; infringe the rights of others; upload offensive or harmful content; introduce malware; reverse-engineer the Services; resell the platform; send spam; act abusively toward other users or our team; or use the Services to deliver professional advice (legal, medical, financial, etc.) without appropriate qualifications.

Sensitive Data Restrictions

You may not upload health/medical data, biometric identifiers, payment card data, special category personal data, or children's data without our prior written consent and explicit field designation. HIPAA-protected information is prohibited unless HIPAA compliance is confirmed in writing.

Fair Use Limits

We may apply reasonable usage limits and suspend services if usage appears excessive, degrades platform performance, exceeds plan limits, poses security or legal risks, or involves automated scraping or abuse.

6. How You Can Use Our Services

You may use the Services for their intended purposes, including creating and managing workflows, inviting users, collecting and storing Customer Data, and completing assigned tasks within the applicable product.

If you are collecting information from individuals under 18, you must first obtain valid parental or guardian consent as required under POPIA and GDPR.

7. Your Content & Responsibility

Ownership and Licence

You retain ownership of all Customer Data. You grant us a limited, worldwide, non-exclusive licence to use, copy, transmit, store, back up, and analyse Customer Data solely for providing the Services, maintenance, improvement, and creating Anonymised Data.

This licence does not permit us to sell Customer Data, advertise to your Users, or share data with third parties beyond approved sub-processors under our Data Processing Agreement.

Data Controller Responsibilities

Where applicable, you act as the Data Controller and we act as the Data Processor. You are responsible for establishing lawful processing bases, providing required notices, obtaining valid consent, ensuring data accuracy, configuring the Services appropriately, and responding to data subject rights requests.

8. Confidentiality

Both parties agree to take reasonable steps to protect Confidential Information from unauthorised access, use, or disclosure. Information may be used or disclosed only as necessary to perform obligations or comply with law. Access is limited to employees or contractors needing access and bound by equivalent confidentiality obligations.

Confidential Information excludes information that is publicly available, already known, independently developed, or lawfully obtained from third parties without restrictions.

9. Intellectual Property & Our Rights

We own all intellectual property in the Services, platform, design, code, trademarks, and provided content, excluding Customer Data uploaded by Users.

You may not copy, reproduce, distribute, resell, create derivative works, reverse-engineer, decompile, or extract source code without our express written permission. We may update or modify the Services at any time with advance notice where practical.

10. Security

We employ reasonable technical, physical, and administrative safeguards to protect Customer Data. However, no system is completely secure.

Shared Responsibility

You must enable multi-factor authentication where available, manage role-based access, set appropriate retention and export policies, and promptly remove access for departing users. We are not liable for data loss resulting from user misconfiguration or compromised credentials.

11. Payment & Billing

You agree to the pricing, billing frequency, and payment terms presented at the time of subscription. Subscriptions auto-renew unless cancelled. All fees are non-refundable and non-cancellable except where law requires otherwise.

Non-payment may result in service suspension or termination. Subscription fees include applicable transactional taxes unless specified otherwise. The Merchant of Record (Dodo Payments Inc.) calculates, collects, and remits taxes on our behalf.

Initiating chargebacks without first allowing us to resolve the dispute may result in account suspension and be treated as a material breach. We may change subscription fees with advance notice; new rates apply from the next billing cycle unless you cancel before renewal.

All payments are processed securely through the Merchant of Record. We do not collect or store credit/debit card information.

12. Availability, Maintenance & Data Loss

We aim to provide Services 24/7 but acknowledge that maintenance, upgrades, and unforeseen issues may cause downtime. We are not liable for losses from temporary unavailability.

You are responsible for maintaining your own backups and exports. Our liability for data loss is limited to taking reasonable recovery steps from available backups.

13. Hosting & Cross-Border Data Transfers

Our primary servers are located in the European Union. Customer Data may be transferred internationally for storage and processing. By using the Services, you acknowledge transfers from your location to the EU. EU transfers comply with section 72 of POPIA, as the EU provides an adequate level of protection substantially similar to POPIA.

14. Termination & Data

User Cancellation

You may cancel your subscription at any time. Cancellation is effective at the end of the current billing period. Paid subscription fees are non-refundable.

Company Termination

We may suspend or terminate accounts for breaches of these Terms (with 14-day cure periods where appropriate), serious breaches, payment failures (suspension after 7 days, termination after 14 days), or uses that pose security or legal risks.

Data Retention

After termination, Customer Data is retained for 60 days for export or account reactivation. Access may be limited to export-only functionality. After 60 days, data may be permanently deleted subject to legal retention obligations.

15. Indemnity

You agree to defend, indemnify, and hold harmless Mighty Toolkit from third-party claims arising from your (or your Invited Users') violation of law or these Terms, Customer Data issues, or failure to provide required notices or establish lawful processing bases.

We assume no obligation for claims arising from Customer Data, your specifications or modifications, combinations with non-Mighty products, or unsupported Service versions.

16. Limitation of Liability

The Services are provided "as is" and "as available" without guarantees of error-free or uninterrupted operation.

We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, goodwill, reputation, or anticipated savings. Our total aggregate liability is limited to subscription fees paid in the 12 months preceding the liability event.

These limits do not apply to fraud, wilful misconduct, gross negligence, or death/personal injury from negligence. You are responsible for exporting and backing up Customer Data.

17. Privacy

We respect your privacy as detailed in our Privacy Policy. Using the Services constitutes agreement to the Privacy Policy.

18. Force Majeure

We are not liable for delays or failures from events beyond reasonable control, including natural disasters, strikes, internet outages, or government actions.

19. Notices

Notices to us should be sent to [email protected]. Notices to you will be sent to the primary email address associated with your account.

20. Governing Law & Venue

These Terms are governed by South African law. Both parties submit to the jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town.

For customers outside South Africa, unresolved disputes may be resolved through binding arbitration under Arbitration Foundation of Southern Africa Rules, seated in Cape Town, conducted in English. Disputes must be brought individually, not as class, consolidated, or representative actions.

21. Changes to These Terms

We may update these Terms periodically. Material changes will not apply retrospectively and will receive at least 30 days' prior notice via email or in-app notification. Continued use after changes constitutes acceptance.

22. Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, Cookie Policy, and any other referenced policies, constitute the entire agreement regarding the Services.

23. Contact Us

Email: [email protected]
Address: 2 Willow Ridge, Royal Ascot, Cape Town, Western Cape, 7441, South Africa