Effective Date: May 2, 2025
Welcome to Quikle (Pty) Ltd ("Quikle," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at quikle.co.za (the "Website"), including any content, functionality, and services offered on or through the Website, such as our AI Readiness Scorecard ("Scorecard"), and any custom AI automation services ("Services") provided to you as a client.
By accessing or using the Website or engaging our Services, you ("User," "Client," "you," "your") agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference). If you do not agree to these Terms, you must not access or use the Website or our Services. If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.
Service(s): The custom AI automation solutions, consulting, implementation, support, and related services provided by Quikle to Clients, potentially structured in tiers ("Start," "Boost," "Transform").
Website: The website located at quikle.co.za and all associated subdomains, content, and features.
User: Any individual accessing or using the Website.
Client: An individual or entity that has engaged Quikle for paid Services, typically documented in a separate proposal or agreement.
Content: All information, text, graphics, logos, images, software, data, and other materials found on the Website or provided as part of the Services, excluding Client Data.
Scorecard: The AI Readiness Scorecard diagnostic tool accessible via a link on the Website (hosted externally), designed to assess a business's suitability for AI automation.
Intellectual Property (IP): Includes copyrights, trademarks, patents, trade secrets, methodologies, software, know-how, and other proprietary rights.
Permitted Use: You may use the Website and interact with the Scorecard link for informational purposes and to learn about or engage Quikle's Services, subject to these Terms.
Prohibited Activities: You agree not to:
Use the Website or Scorecard for any illegal or unauthorised purpose.
Attempt to disrupt, damage, or impair the Website's or Scorecard's functionality or security.
Scrape, data mine, or extract information from the Website without prior written consent.
Reverse engineer any part of the Website or Quikle's proprietary tools.
Submit false or misleading information.
Scorecard Disclaimer: The AI Readiness Scorecard is a diagnostic tool intended to provide an indicative assessment based on your inputs. The results and report are for informational purposes only and do not constitute a guarantee of specific business outcomes, suitability for any particular AI solution, or the results achievable through automation. Business success depends on many factors beyond the scope of the Scorecard.
Quikle offers custom AI automation services designed to help South African SMEs streamline operations and enable growth. These may include, but are not limited to, intelligent website chatbots, automated booking/scheduling, automated lead nurturing, streamlined client communications, workflow and systems integration, and automated reporting/analytics. The specific scope, deliverables, timelines, and features of Services provided to paying Clients will be detailed in a separate written proposal, statement of work, or client agreement ("Client Agreement").
In the future, Quikle may require Clients to register for an account to access certain aspects of the Services (e.g., a client portal). You would be responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
To enable Quikle to provide the Services effectively, Clients agree to:
Provide accurate, complete, and timely information as requested by Quikle.
Cooperate reasonably with Quikle's team during the design, implementation, and support phases.
Provide necessary access to relevant systems, data, or personnel as outlined in the Client Agreement (subject always to confidentiality and data protection obligations).
Ensure timely review of deliverables and provision of feedback.
Comply with payment obligations as set out in the Client Agreement.
Fees for Quikle's Services will be based on the selected service tier (Start, Boost, Transform) or custom scope, as detailed in the specific Client Agreement or proposal provided to the Client. Payment terms, including invoicing frequency, due dates, and accepted payment methods, will be specified in the Client Agreement. Late payments may incur interest or suspension of Services.
Quikle IP: Quikle retains all right, title, and interest in and to its Website, Content, branding, logos, trademarks, methodologies, software tools, algorithms, know-how, and any pre-existing or independently developed intellectual property used in providing the Services ("Quikle IP"). These Terms do not grant you any rights to Quikle IP except for the limited right to use the Services as agreed.
Client Data & Outputs: The Client retains all right, title, and interest in and to their pre-existing data, business information, and any confidential information provided to Quikle ("Client Data"). Subject to the Client fulfilling its payment obligations, the Client will own the specific, final deliverables created exclusively for them by Quikle as part of the Services (e.g., custom reports, configured chatbot flows). However, this ownership does not extend to the underlying Quikle IP, tools, or methodologies used to create those deliverables.
License to Use Client Data: The Client grants Quikle a limited, non-exclusive, royalty-free license to use Client Data solely for the purpose of providing the agreed-upon Services.
Quikle and the Client ("Parties") may exchange confidential information during the course of service engagement. Confidential Information includes non-public business, technical, or financial information disclosed by one party to the other. Each Party agrees to:
Protect the other Party's Confidential Information using the same degree of care it uses for its own confidential information (but no less than reasonable care).
Use Confidential Information solely for the purpose of fulfilling its obligations under the Client Agreement.
Not disclose Confidential Information to third parties without prior written consent, except to employees, contractors, or agents who have a need to know and are bound by similar confidentiality obligations, or as required by law.
The Website may contain links to third-party websites or services (like ScoreApp). Quikle may also integrate third-party software or platforms as part of its Services. Quikle is not responsible for the content, accuracy, performance, security, or privacy practices of these third parties. Your use of third-party services is subject to their respective terms and policies. Quikle provides these links and integrations for convenience and does not endorse these third parties.
"AS IS" Basis: THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUIKLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No Guarantees: QUIKLE DOES NOT GUARANTEE ANY SPECIFIC BUSINESS RESULTS, INCREASE IN REVENUE, COST SAVINGS, OR OPERATIONAL EFFICIENCY FROM THE USE OF ITS SERVICES OR SCORECARD. AI SOLUTIONS MAY HAVE LIMITATIONS AND MAY NOT BE ERROR-FREE. WHILE WE STRIVE FOR HIGH-QUALITY SOLUTIONS, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Information Accuracy: WHILE QUIKLE STRIVES TO PROVIDE ACCURATE INFORMATION ON ITS WEBSITE AND THROUGH ITS SERVICES, WE DO NOT WARRANT THE COMPLETENESS, RELIABILITY, OR ACCURACY OF ALL CONTENT OR INFORMATION PROVIDED.
TO THE FULLEST EXTENT PERMITTED BY SOUTH AFRICAN LAW (INCLUDING THE CONSUMER PROTECTION ACT, WHERE APPLICABLE), QUIKLE (INCLUDING ITS DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO 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 WEBSITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE OR INTEGRATED WITH THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE WEBSITE OR SERVICES; AND (IV) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL QUIKLE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES PROVIDED UNDER A SPECIFIC CLIENT AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CLIENT TO QUIKLE FOR THOSE SPECIFIC SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE), EVEN IF QUIKLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Quikle, 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 Website or Services, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorised in these Terms, or your use of any information obtained from the Website or Services, or your provision of Client Data that infringes third-party rights or violates applicable law.
These Terms become effective upon your first use of the Website or Services and remain in effect until terminated.
Termination by You: You may cease using the Website at any time. Termination related to paid Services will be governed by the terms of the applicable Client Agreement.
Termination by Quikle: Quikle may suspend or terminate your access to the Website or Services, in whole or in part, at any time, with or without notice, for any reason, including, without limitation, if we believe you have violated these Terms or the terms of a Client Agreement. For paying Clients, termination procedures (including notice periods and effects) will be detailed in the Client Agreement.
Consequences of Termination: Upon termination, your right to access and use the Website and Services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, confidentiality obligations, warranty disclaimers, indemnity, and limitations of liability.
These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.
The Parties agree to first attempt to resolve any dispute arising hereunder through good faith negotiation. If negotiation fails, the Parties agree that the courts located in Johannesburg, South Africa shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms or the Services.
Quikle reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, which may include posting the updated Terms on the Website. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website or Services after any revisions become effective, you agree to be bound by the revised terms.
These Terms, together with our Privacy Policy and any applicable Client Agreement, constitute the entire agreement between you and Quikle regarding the use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. In case of conflict between these Terms and a specific Client Agreement, the terms of the Client Agreement shall prevail regarding the specific Services covered by that agreement.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
If you have any questions about these Terms of Service, please contact us:
Quikle (Pty) Ltd
Email: [email protected] or [email protected]
Phone: 087 265 3420