Software License Agreement

Last updated: 30 October 2026

Read this before publishing or relying on this document. This is a genuine, researched starting draft — built around South Africa's Electronic Communications and Transactions Act (ECTA) Section 43 disclosure requirements and standard SaaS agreement terms — not filler text. But it is not a substitute for review by a South African attorney, and it contains highlighted placeholders with real information only Pixel Plus IT can supply (registration number, physical address, actual pricing terms). Filling in the placeholders is necessary but not sufficient — an attorney should still review the whole document, particularly the limitation-of-liability and termination clauses, before this is used as a binding agreement with paying customers. Real market rates for this kind of drafting/review are commonly in the low thousands of Rand — inexpensive relative to the risk of an unreviewed agreement.

1. The parties and what this agreement is

This Software License Agreement ("Agreement") is between Pixel Plus IT ([registration number], a company registered in South Africa, physical address [physical address], "we," "us," "Pixel Plus IT") and the business or individual creating a Pixel Time workspace ("Customer," "you"). By creating a workspace, or by any authorized user accessing Pixel Time on your behalf, you accept this Agreement.

This disclosure block (legal name, registration details, physical address, contact details) is required by ECTA Section 43 for any person offering services electronically in South Africa — the placeholders above must be completed with accurate, current information for the site to comply.

2. License grant

Subject to your compliance with this Agreement and payment of applicable fees, Pixel Plus IT grants you a non-exclusive, non-transferable, revocable right to access and use Pixel Time for your own internal business purposes, for the number of employees/users your subscription covers. This is a subscription to use the software as a service — you receive no ownership of the software itself, its source code, or any underlying intellectual property, all of which remains the exclusive property of Pixel Plus IT (see the separate LICENSE.md for the full proprietary-software terms).

3. What you may not do

4. Fees and payment

[Pricing terms — subscription fee, billing cycle, accepted payment methods, and consequences of non-payment (e.g. suspension after X days) need to be inserted here, matching your actual pricing structure. ECTA Section 43 specifically requires the full price, including any additional costs, to be disclosed before a transaction is concluded — this cannot be left as a placeholder on the live version of this page.]

5. Your data

You retain all rights to the data you and your employees enter into Pixel Time. Pixel Plus IT processes that data solely to provide the service, acting as an Operator under POPIA while you remain the Responsible Party for your employees' personal information — see the full Privacy Policy for details on what's collected, retention periods, and your rights.

6. Service availability

We aim to keep Pixel Time available and reliable, but do not guarantee uninterrupted access. Scheduled maintenance, hosting provider issues, or circumstances outside our control may cause temporary downtime. [If you offer a specific uptime commitment or service-level agreement, state it here — otherwise this section should say plainly that none is offered, since implying one you don't actually provide creates real liability.]

7. Warranty disclaimer and limitation of liability

Pixel Time is provided "as is." To the maximum extent permitted by South African law, Pixel Plus IT disclaims all warranties, express or implied, and is not liable for indirect, incidental, or consequential damages arising from use of the software. [A liability cap (e.g., limited to fees paid in the preceding 12 months) is standard in SaaS agreements and significantly reduces your exposure — this needs an attorney's input specific to your risk tolerance and insurance, not a generic template figure.]

8. Termination

Either party may terminate this Agreement as set out in your specific subscription terms. On termination, your access ends, and your data is retained only for the minimum periods required by law (see the Privacy Policy's retention section — BCEA and SARS both set minimums that apply regardless of termination) before being available for deletion on request.

9. Cooling-off

Under ECTA Section 44, consumers ordinarily have a 7-day cooling-off right for electronic transactions — but Section 42(2) excludes "unsealed computer software" from this right. Whether that exclusion cleanly applies to an ongoing SaaS subscription (as opposed to a one-time software purchase) is a real, unresolved nuance worth confirming with an attorney rather than assuming either way.

10. Governing law

This Agreement is governed by the laws of the Republic of South Africa, and the parties submit to the jurisdiction of the South African courts.

11. Contact

Questions about this Agreement: contact us — support and legal queries are handled by email only.

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