Terms of Service for Xerve Digital Pty Ltd

1. Introduction

Welcome to Xerve Digital Pty Ltd ("Company", "we", "our", "us"), registration number 2025/200767/07. These Terms of Service ("Terms") govern your use of our website located at https://xervedigital.com (the "Service") and the digital marketing, branding, and creative services we provide. By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Use of Service

You agree to use the Service only for lawful purposes. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material without our prior consent, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

3. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Xerve Digital Pty Ltd and its licensors. This includes all text, graphics, logos, and software. The Service is protected by copyright, trademark, and other laws of both South Africa and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Xerve Digital Pty Ltd. Any work-product or deliverables created for a client as part of a paid engagement will be subject to the intellectual property terms outlined in that specific client agreement.

4. User Content

Our Service allows you to submit information through forms, including contact, help, and onboarding forms ("User Content"). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content, you grant us the right and license to use, store, and process such User Content for the purposes of responding to your inquiry, providing customer support, and delivering the services you have requested. You represent and warrant that you have all the necessary rights to submit the User Content and that your User Content does not violate any third-party rights.

5. Limitation of Liability

In no event shall Xerve Digital Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

6. Governing Law

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

7. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. It is your responsibility to review these Terms periodically for changes.

8. Contact Us

If you have any questions about these Terms, please contact us by visiting our contact page.