Terms & Conditions

These Terms & Conditions ("Terms") form an agreement between LockLayer Cyber (Pty) Ltd, trading as LockLayer Cyber ("LockLayer", "we", "us" or "our"), and the organisation or person accessing or using LockLayer ONE ("Customer", "you" or "your").

By creating an account, starting a trial, purchasing a subscription, accepting an order or otherwise using LockLayer ONE, you agree to these Terms on behalf of yourself and, where applicable, the organisation you represent. If you use the service on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.

LockLayer Cyber (Pty) Ltd
Trading as LockLayer Cyber
Registration number: 2023/125743/07
Physical business address: 17 Elliot Street, Rynfield, Benoni, Gauteng, South Africa
Email: info@locklayercyber.co.za
Website: www.locklayercyber.co.za

1. About LockLayer Cyber and LockLayer ONE

LockLayer Cyber is a South African technology company that provides LockLayer ONE, a business-to-business cloud software platform for governance, risk and compliance ("GRC") management.

LockLayer ONE may provide functionality relating to risk management, controls, policies, evidence, audits, incidents, assets, vendors, privacy management, business continuity, compliance obligations, reporting and other related GRC activities.

Certain features may use artificial intelligence to assist with tasks such as reviewing information, identifying possible gaps, generating drafts or providing recommendations.

2. GRC and AI disclaimer

LockLayer ONE is a technology tool designed to assist Customers with organising, managing and evaluating GRC activities. Use of the platform does not by itself make an organisation compliant with any law, regulation, standard, contractual obligation or industry framework.

LockLayer does not provide legal advice, audit opinions, regulatory certification or professional cybersecurity assurance through the ordinary use of LockLayer ONE. Customers remain responsible for determining the requirements that apply to their organisations and for obtaining appropriate professional advice where necessary.

Artificial intelligence outputs are advisory and may be incomplete, inaccurate or inappropriate for a Customer's particular circumstances. AI-generated reviews, scores, summaries, gaps, recommendations and policy drafts require appropriate human review before they are relied upon or implemented.

3. Eligibility and business use

LockLayer ONE is primarily offered as a business-to-business service. You must have the legal capacity and authority required to enter into these Terms and use the service.

Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded under applicable South African law. Where legislation, including the Consumer Protection Act 68 of 2008, applies to a particular Customer or transaction, these Terms must be interpreted consistently with those mandatory rights.

4. Accounts and organisation access

Customers must provide accurate and reasonably current information when registering for LockLayer ONE. Access may require the creation of user accounts and an organisation workspace.

Authentication may be provided using third-party identity infrastructure. Each authorised user must use their own credentials and must not knowingly share authentication credentials in a manner that compromises account security.

The Customer is responsible for managing its authorised users, roles and permissions and for promptly removing access where a person should no longer have access to the Customer's organisation.

You must notify LockLayer promptly at limpho@locklayercyber.co.za if you reasonably suspect unauthorised access to your account or organisation.

5. Trial access

LockLayer ONE may offer eligible Customers a 14-day trial. Trial access is intended to allow a prospective Customer to evaluate the platform before purchasing a subscription.

Features, usage limits and functionality available during a trial may differ from those included in a paid subscription.

A trial does not automatically create a right to continued access after the trial period. Continued use after the trial may require selection and payment of an available subscription plan.

If LockLayer introduces automatic conversion from a trial to a paid subscription, the applicable checkout or registration process will disclose the price, billing frequency and conversion terms before the Customer authorises payment.

6. Subscription plans and fees

LockLayer ONE may be purchased on a monthly or annual subscription basis. The applicable plan, price, billing period, included features and any applicable usage limits will be displayed during checkout, stated in an order, quotation or other applicable commercial agreement.

Prices will be presented in the currency shown during checkout or in the applicable commercial documentation. Any applicable taxes or other charges will be disclosed or handled as required by law.

LockLayer may change subscription prices or plan structures from time to time. A price change will not be applied retrospectively to a completed paid billing period. Where a change affects an existing subscription, reasonable notice will be provided before the change takes effect, subject to applicable law and any separate agreement.

7. Payments

Payments may be processed through third-party payment service providers, including PayFast and Paystack. The payment provider may process payment information in accordance with its own terms and privacy practices.

LockLayer does not require Customers to provide payment-card details directly to LockLayer where those details are collected and processed by the relevant payment provider.

You authorise the collection of the charges presented to you when you purchase a subscription or otherwise authorise a payment.

If a payment fails, is reversed, remains overdue or cannot be verified, LockLayer may notify the Customer and may restrict or suspend paid access after taking reasonable steps appropriate to the circumstances. Any suspension remains subject to applicable law and any separate written agreement.

8. Renewals

Where a subscription is sold on an automatically renewing basis, this will be disclosed as part of the applicable purchase or subscription process.

An automatically renewing subscription will continue for successive billing periods unless cancelled in accordance with the applicable subscription terms. Renewal and cancellation practices remain subject to applicable South African law.

Where a subscription is not configured for automatic renewal, the Customer may be required to make or authorise a new payment to continue using the paid service after the current subscription period.

9. Cancellation

Customers may request cancellation of a subscription in accordance with the cancellation functionality made available through LockLayer ONE or by contacting LockLayer where account-based cancellation is not available.

Unless applicable law, the checkout terms or a separate written agreement requires otherwise, cancellation ordinarily prevents the subscription from renewing for another billing period. Access may continue until the end of the billing period that has already been paid for.

Cancellation and refund matters are explained further in our Refund & Cancellation Policy.

10. Customer data and content

Customers may upload, enter, create or otherwise process information through LockLayer ONE, including policies, evidence, risk information, control information, audit information and other business or compliance records ("Customer Data").

As between LockLayer and the Customer, the Customer retains its rights in Customer Data. The Customer grants LockLayer the limited rights necessary to host, process, transmit, secure, back up and otherwise handle Customer Data for the purpose of providing, maintaining, protecting and supporting the service.

The Customer is responsible for ensuring that it has an appropriate legal basis, authority and any required permissions to submit and process Customer Data through LockLayer ONE.

11. Personal information

Personal information is processed in accordance with applicable data protection requirements and our Privacy Policy.

Depending on the circumstances and the information involved, LockLayer and a Customer may have different responsibilities under the Protection of Personal Information Act 4 of 2013 ("POPIA"), including circumstances where LockLayer processes personal information in connection with providing services to a Customer.

12. Acceptable use

You must not use LockLayer ONE to:

• violate applicable law or the rights of another person;
• upload or distribute malware, malicious code or deliberately harmful content;
• attempt to gain unauthorised access to another Customer's data, account, systems or organisation;
• interfere with, probe, overload or disrupt the service or supporting infrastructure without written authorisation;
• bypass access controls, usage restrictions or security mechanisms;
• use another person's account without appropriate authorisation;
• submit information that you do not have the right or lawful authority to process; or
• use the service for fraudulent, abusive or deliberately unlawful purposes.

Legitimate security testing of LockLayer systems requires LockLayer's prior written authorisation and must comply with any testing conditions provided by LockLayer.

13. Security

LockLayer uses administrative, technical and organisational measures intended to protect the service and information processed through it. Security measures may include access controls, tenant separation, security monitoring and secure document-processing mechanisms.

No internet-based or cloud service can be guaranteed to be completely secure or continuously available. Customers remain responsible for appropriate security practices within their own environments, endpoints, user accounts and authorised-user population.

14. Third-party services and infrastructure

LockLayer ONE relies on third-party infrastructure and service providers. These may include providers of authentication, application hosting, database infrastructure, cloud storage, security services, artificial intelligence and payment processing.

LockLayer currently uses services that may include Clerk, Vercel, Neon, Amazon Web Services, Google Cloud/Vertex AI, PayFast and Paystack, depending on the feature being used.

Third-party services may be subject to their own terms, technical limitations, availability and processing locations. Additional information about personal-information processing is provided in our Privacy Policy.

15. Intellectual property

LockLayer and its licensors retain all rights, title and interest in LockLayer ONE and associated software, interfaces, designs, documentation, branding, trademarks, workflows and other proprietary material, excluding Customer Data and third-party material.

Subject to these Terms and payment of applicable fees, LockLayer grants the Customer a limited, non-exclusive, non-transferable right to access and use the subscribed service for the Customer's legitimate internal business purposes during the applicable subscription period.

You may not copy, sell, sublicense, reverse engineer or commercially exploit LockLayer ONE except to the extent expressly permitted by law or authorised by LockLayer in writing.

16. Service changes and availability

LockLayer may update, improve or modify LockLayer ONE as the service develops. This may include adding, changing or retiring functionality. Where a material change significantly affects a paid service, LockLayer will take reasonable steps to communicate the change where appropriate.

The service may occasionally be unavailable because of maintenance, security events, infrastructure failures, third-party outages or other circumstances. Unless expressly agreed in a separate written service level agreement, LockLayer does not promise a specific percentage of uptime.

17. Suspension

LockLayer may restrict or suspend access where reasonably necessary to protect the service, Customers or third parties, investigate suspected misuse, respond to a security threat, comply with a legal obligation, address material non-payment or address a material breach of these Terms.

Where reasonably practicable and lawful, LockLayer will take the circumstances into account and provide appropriate notice or an opportunity to remedy the issue before or after suspension.

18. Termination

A Customer may stop using LockLayer ONE and may cancel its subscription as described in these Terms and the Refund & Cancellation Policy.

LockLayer may terminate an account or subscription for a material breach that is not remedied within a reasonable period after notice, where remedy is possible, or where termination is otherwise permitted or required by law.

Following termination or expiry, access to the service may cease. Customer Data will be handled in accordance with applicable contractual commitments, our Privacy Policy, retention requirements and applicable law.

19. Warranties and disclaimers

LockLayer will provide the service with the level of care reasonably expected of a software service provider, subject to the terms of any applicable written agreement and rights that cannot lawfully be excluded.

LockLayer does not warrant that use of LockLayer ONE will ensure compliance with any particular law, standard or framework, prevent every cybersecurity incident, identify every risk or control weakness, or produce error-free AI outputs.

20. Limitation of liability

To the maximum extent permitted by applicable law, LockLayer will not be liable for indirect, incidental, special or consequential losses arising solely from use of or inability to use LockLayer ONE, including loss of profits, business opportunities or anticipated savings, except where such liability cannot lawfully be excluded or limited.

Nothing in these Terms excludes or limits liability to an extent that would be unlawful under applicable South African law. Any limitation must also be interpreted subject to rights and remedies that cannot lawfully be waived.

Specific enterprise or negotiated subscriptions may be governed by additional written terms, including separately agreed liability provisions. Where those provisions expressly conflict with these Terms, the applicable signed agreement will govern to the extent of the conflict.

21. Indemnity

To the extent permitted by law, a Customer is responsible for losses, claims or costs arising from its unlawful use of LockLayer ONE, its material breach of these Terms, or Customer Data that the Customer did not have lawful authority to provide or process.

This provision does not require a Customer to indemnify LockLayer for liability caused by LockLayer where such an allocation would be prohibited by applicable law.

22. Electronic communications

You agree that notices, invoices, account communications and other service-related communications may be provided electronically, including through email or the platform, subject to applicable law.

Electronic transactions and communications may be subject to the Electronic Communications and Transactions Act 25 of 2002 and other applicable South African legislation.

23. Changes to these Terms

LockLayer may update these Terms to reflect changes to the service, business practices or applicable legal requirements.

The updated version will display a revised "Last updated" date. Where a change materially affects an existing paid subscription, LockLayer will take reasonable steps to provide appropriate notice before the change takes effect where required.

24. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa, without excluding any mandatory rights or jurisdiction available under applicable law.

Before commencing formal proceedings, the parties should first attempt in good faith to resolve a dispute through direct communication, where appropriate.

25. General

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

A failure to enforce a provision immediately does not necessarily constitute a waiver of that provision.

These Terms, together with applicable policies, order documents and any separately signed agreement, constitute the contractual framework governing use of the relevant LockLayer ONE service.

26. Contact information

Questions about these Terms may be sent to: