Terms and Conditions for Mekanyk Sync Platform

Last Updated: 12 April 2025

1. Introduction

Welcome to the Mekanyk Sync Platform ("Platform", "Services"), operated by Mekanyk Tech ("we", "us", "our"), a company registered in South Africa. These Terms and Conditions ("Terms") govern your access to and use of our Platform, including any mobile applications, websites, content, features, products, and services offered by us.

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.

Please read these Terms carefully.

2. Eligibility

You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

3. Account Registration

To access certain features of the Platform, you may be required to register for an account. When you register, you agree to: (a) provide accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.

You are responsible for all activities that occur under your account.

4. Use of the Platform

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

  • In any way that violates any applicable national or international law or regulation (including, without limitation, the laws of South Africa).
  • To exploit, harm, or attempt to exploit or harm minors in any way.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Mekanyk Tech, a Mekanyk Tech 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 Platform, or which, as determined by us, may harm Mekanyk Tech or users of the Platform or expose them to liability.
  • To interfere with the proper working of the Platform, including introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

5. Specific Feature Terms

Certain features of the Platform may have additional terms and conditions associated with them. Your use of such features is subject to those additional terms.

  • AI Chat: Interactions with the AI Chat feature are subject to monitoring and content guidelines. Do not share sensitive personal information not required for the service. Usage data may be used to improve the AI model.
  • Challenges: Participation in challenges may have specific rules, eligibility requirements, and potential rewards outlined for each challenge. User submissions may be subject to review.
  • Service Providers: We facilitate connections with Service Providers but do not endorse or guarantee their services. Your interactions with Service Providers are solely between you and the provider. We are not responsible for any agreements, services rendered, or disputes arising between you and Service Providers.
  • Location-Based Services: Features using location data rely on the accuracy provided by your device. We are not liable for inaccuracies in location data or outcomes based on such data.

6. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Mekanyk Tech, its licensors, or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as generally permitted through the Platform's functionality.

7. User Contributions

The Platform may contain message boards, chat features, personal profiles, forums, challenge submission areas, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials ("User Contributions") on or through the Platform.

All User Contributions must comply with these Terms. Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings and Platform functionality.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above.

8. Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information in compliance with POPIA. Please review our Privacy Policy carefully.

9. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MEKANYK TECH NOR ANY PERSON ASSOCIATED WITH MEKANYK TECH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, NEITHER MEKANYK TECH NOR ANYONE ASSOCIATED WITH MEKANYK TECH REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

10. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MEKANYK TECH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mekanyk Tech, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

12. Governing Law and Jurisdiction

All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the courts of South Africa, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Mekanyk Tech info@mekanyk.com