Site Terms andConditions

These terms govern your access to and use of the KineticSkunk website and related digital properties.

Last updated: 11 August 2026

These Site Terms and Conditions ("Terms") govern your access to and use of the KineticSkunk website, including all pages, content, features, forms, tools and related digital properties made available through or in connection with this website (collectively, the "Site").

The Site is operated by KineticSkunk I.T. Solutions (PTY) LTD. ("KineticSkunk", "we", "us" or "our").

By accessing or using the Site, you agree to these Terms. If you do not agree to them, you must not use the Site.

If you use the Site on behalf of an organisation, you confirm that you have authority to act on behalf of that organisation and to accept these Terms in connection with your use of the Site.

1. Scope of these Terms

These Terms apply to use of the Site.

Any professional services, managed services, platform services, statements of work, subscriptions, fees, service levels or other commercial arrangements between you and KineticSkunk are governed by the applicable written agreement, proposal, statement of work, order form, purchase order or other agreed commercial terms.

If there is a conflict between these Terms and a separately agreed written contract relating to KineticSkunk services, the separately agreed contract will take precedence for those services.

Our handling of personal information is described in our Privacy Policy and related privacy notices. Information about our security practices, controls and assurance activities may be made available through our Trust and Compliance resources.

2. Eligibility and lawful use

You may use the Site only for lawful purposes and in accordance with these Terms.

If applicable law requires you to be at least a particular age to enter into these Terms or use any feature of the Site, you may use that feature only if you meet that requirement.

You must not use the Site:

  • in violation of any applicable law or regulation;
  • in a way that infringes the rights of another person or organisation;
  • to introduce malicious code, malware, harmful scripts or other disruptive technology;
  • to interfere with, damage, disable, overload or impair the Site or any systems connected to it;
  • to gain or attempt to gain unauthorised access to any account, system, network, data or restricted area;
  • to probe, scan or test the vulnerability of the Site without our prior written authorisation;
  • to reverse-engineer, decompile or attempt to derive source code from Site functionality except where applicable law expressly permits it;
  • to scrape, harvest, mine or extract data from the Site at scale without our prior written permission;
  • to impersonate another person or misrepresent your identity or affiliation;
  • to use the Site to distribute unlawful, harmful, misleading, fraudulent, abusive or infringing material; or
  • in any manner that could reasonably harm KineticSkunk, our customers, partners, suppliers or other users.

We may restrict or block access to all or part of the Site where reasonably necessary to protect the Site, our systems, our users, third parties or our legal rights.

3. Accounts and credentials

Some Site features may require an account, authentication credentials or other access controls.

You are responsible for keeping your usernames, passwords, API credentials and other authentication information confidential and secure.

You are responsible for activity performed through your account or credentials to the extent permitted by applicable law.

If you know or suspect that your credentials have been compromised or used without authorisation, you must notify KineticSkunk promptly.

4. Intellectual property

Unless otherwise stated, KineticSkunk or its licensors own or license the Site and the intellectual property rights in its content, design, branding, graphics, software, documentation, text, code and other materials.

All rights not expressly granted under these Terms are reserved.

Subject to these Terms, KineticSkunk grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Site for your own lawful business or informational purposes.

You may not, without our prior written permission:

  • reproduce, republish or redistribute substantial portions of Site content;
  • sell, sublicense, lease or commercially exploit Site content;
  • modify or create derivative works from protected Site materials;
  • remove copyright, trademark or other proprietary notices; or
  • use KineticSkunk names, logos, trademarks or branding in a manner that suggests sponsorship, endorsement or affiliation where none exists.

Nothing in these Terms transfers ownership of KineticSkunk intellectual property to you.

5. Content you provide

You retain ownership of content, information and materials that you submit to KineticSkunk through the Site ("Your Content").

You grant KineticSkunk a limited, non-exclusive licence to host, store, copy, transmit, process and otherwise use Your Content only as reasonably necessary to operate the Site, respond to your request or enquiry, provide functionality you have chosen to use, protect the security and integrity of our systems, comply with applicable law, or provide services where separately agreed with you.

You represent that you have the rights and permissions necessary to provide Your Content to us and that doing so does not unlawfully infringe the rights of any third party.

You must not submit content that is unlawful, malicious, fraudulent, abusive, infringing or otherwise prohibited by these Terms.

We may remove or restrict access to content where reasonably necessary to comply with law, enforce these Terms, protect third-party rights or protect the security and integrity of the Site.

6. Interactive, automated and AI-enabled features

The Site may from time to time include automated, AI-enabled or other interactive functionality.

Outputs generated by automated systems may be incomplete, inaccurate, outdated or unsuitable for a particular purpose. You are responsible for reviewing and validating any output before relying on it for business, technical, legal, financial, security or other material decisions.

Unless separately agreed in writing, Site-based automated outputs do not constitute professional advice, a contractual commitment, a warranty, a service level or a substitute for independent professional judgement.

Where you submit information to an interactive feature, the treatment of that information is also subject to our applicable privacy notices and any additional terms presented with that feature.

7. Privacy and data

Our collection and processing of personal information through the Site is governed by our applicable Privacy Policy and related privacy notices.

We may collect technical, usage, security and analytics information relating to operation of the Site where permitted by applicable law and our privacy documentation.

Nothing in these Terms limits any rights you may have under applicable data protection or privacy law.

8. Third-party websites, services and integrations

The Site may contain links to, integrate with or reference third-party websites, platforms, tools, products or services.

Third-party services are governed by their own terms, privacy policies and security practices. KineticSkunk does not control and is not responsible for third-party services merely because they are linked to, referenced by or accessible from the Site.

A link or reference to a third party does not necessarily constitute endorsement.

Your use of any third-party service is at your own discretion and may be subject to a direct agreement between you and that third party.

9. Availability and changes to the Site

We may update, modify, suspend, withdraw or discontinue any part of the Site from time to time.

We do not guarantee that the Site, or any content or feature on it, will always be available, uninterrupted, secure or error-free.

We may carry out maintenance, security work, upgrades or other changes that affect availability.

10. Information and disclaimers

The Site and its content are provided for general information and business purposes.

Unless expressly stated otherwise in a separate written agreement, the Site is provided on an "as is" and "as available" basis.

To the fullest extent permitted by applicable law, KineticSkunk excludes warranties, representations and conditions that are not expressly stated in these Terms, including implied warranties relating to accuracy, availability, merchantability, fitness for a particular purpose and non-infringement.

We take reasonable care in preparing Site content but do not warrant that all content is complete, current, accurate or suitable for your specific circumstances.

Nothing on the Site constitutes legal, financial or other regulated professional advice unless expressly stated otherwise.

11. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

To the fullest extent permitted by applicable law, KineticSkunk and its directors, officers, employees and representatives will not be liable for indirect, incidental, special, punitive or consequential loss or damage arising from or related to your use of, or inability to use, the Site.

This includes, where permitted by law, loss of profits, revenue, business opportunity, anticipated savings, goodwill, data or business interruption.

Where liability relating solely to use of the Site cannot be excluded, KineticSkunk's liability will be limited to the maximum extent permitted by applicable law.

Any liability arising under a separately agreed customer, professional-services or managed-services agreement is governed by that agreement and not by this section.

12. Indemnity

To the extent permitted by applicable law, you agree to indemnify KineticSkunk against third-party claims, losses, liabilities, costs and reasonable legal expenses arising directly from:

  • your unlawful use of the Site;
  • Your Content infringing a third party's rights; or
  • your material breach of these Terms.

This indemnity does not apply to the extent that a claim results from KineticSkunk's own unlawful conduct, negligence or breach of applicable law.

13. Suspension and termination of access

We may suspend, restrict or terminate your access to all or part of the Site where reasonably necessary because:

  • you have materially breached these Terms;
  • your use creates a security, legal or operational risk;
  • we reasonably suspect fraud, abuse or unauthorised activity;
  • we are required to do so by law, regulation, court order or lawful authority; or
  • a relevant Site feature or service is discontinued.

Termination of Site access does not by itself terminate a separate customer or services agreement unless that agreement provides otherwise.

Provisions that by their nature are intended to survive termination will continue to apply.

14. Changes to these Terms

We may update these Terms from time to time to reflect changes to the Site, our business, applicable law or our operating practices.

When we make changes, we will update the Last updated date at the top of this page.

Where appropriate, we may provide additional notice of material changes.

Your continued use of the Site after updated Terms take effect constitutes acceptance of the updated Terms to the extent permitted by applicable law.

15. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed from these Terms.

The remaining provisions will continue in effect.

16. No waiver

If KineticSkunk does not enforce a right or provision under these Terms, that does not constitute a waiver of that right or provision.

A waiver is effective only if made expressly and in writing by an authorised representative of KineticSkunk.

17. Assignment

KineticSkunk may assign, transfer or subcontract its rights or obligations under these Terms as part of a reorganisation, sale, transfer of business, use of service providers or other legitimate business arrangement, subject to applicable law.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

18. Entire agreement

These Terms, together with any legal notices or policies expressly incorporated into them, constitute the agreement between you and KineticSkunk concerning your use of the Site.

They supersede prior discussions or understandings relating specifically to your use of the Site.

These Terms do not replace or override a separately agreed written contract governing KineticSkunk professional, managed, platform or other commercial services.

19. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa.

Subject to any mandatory rights or procedures under applicable law, disputes arising from or relating to these Terms or use of the Site will be subject to the jurisdiction of the courts of the Republic of South Africa.

Where a dispute is connected to a separate written agreement with KineticSkunk, the governing-law and dispute-resolution provisions in that agreement will apply to the extent that they govern the dispute.

20. Contact

Questions about these Terms may be directed to:

KineticSkunk I.T. Solutions (PTY) LTD.
Email: hello@kineticskunk.io
Website: https://www.kineticskunk.io/