JsCluster Holdings Limited (the “JsCluster Group”) is comprised of several companies, collectively dedicated to empowering African designers and creators worldwide. We provide tools and platforms to help African designers and the global design community create, develop, and promote their talents (each a “Service” and collectively, the “Services”). Each company within the JsCluster Group acts as a data controller for the personal data processed in relation to their Services (each a “Group Company” and together the “Group Companies”), and is referred to as “our,” “we,” or “us” throughout this document. Our Group Companies operate Services that include websites, mobile platforms, and applications. This page outlines the terms by which you may access and use our online and mobile services, and website offered in connection with the Services. These terms apply to all websites and platforms linking to this document, including, but not limited to, jscluster.com, jscluster.elements.za, jscluster.templates.za, jscluster.shopping.za, and their subdomains. By using the Services, creating an account, and checking the "I agree" (or similar) box, or otherwise accessing or using the Services, you

1. Confirm that you have read, understood, and agree to be bound by these Terms of Service (these “Terms & Conditions”), and
2. Acknowledge the collection and use of your information as outlined in our privacy policy (the “Privacy Policy”), whether or not you are a registered user of the Services.

Additional Terms for Specific Services

Your use of specific Services or features may be subject to additional terms. For instance:

1. If you purchase an element from our marketplace, additional license terms for the element may apply (each, a “License”).
2. Purchases made through the Services may be subject to an applicable return policy.
3. If you register as a seller or affiliate (e.g., through our Marketplace, Shops and Partner programs or Foundry program), your use of the Services in this capacity will be governed by additional terms.
4. If you participate in community interactions, such as posting or commenting, your conduct must adhere to our Community Guidelines.
5. Promotional events or contests we offer through the Services may also come with their own terms.
These additional terms are incorporated into these Terms by reference and govern your use of the applicable Service.

These Terms apply to all visitors, users, buyers, creators, and others who access the Services (“User(s),” “you,” or “your”). If you create an account on behalf of an organization or entity, then:

1. “You” includes both you and the entity.
2. You represent and warrant that you are authorized to bind the entity to these Terms.
3. You agree to these Terms on the entity’s behalf.

At JsCluster, we are passionate about showcasing the talents of African designers and connecting them with opportunities to thrive in the global creative economy. By engaging with our Services, you are joining a platform committed to fostering creativity and innovation from the African continent and beyond. We welcome your participation and are dedicated to ensuring that our Services provide an equitable and inspiring environment for all users. PLEASE READ THESE TERMS CAREFULLY AND BE SURE YOU UNDERSTAND THEM FULLY, BECAUSE THEY EXPLAIN AND CONTROL YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE. PLEASE NOTE: SECTION 19 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY. If you have any questions, please don’t hesitate to contact us using our Support Form. Use of Our Service. The Services provide creative communities where African designers and other users can share and socialize around content, maintain portfolios or connect with job seekers. Our Services also provide a marketplace where users can buy and sell design items, such as icons, cards, resume, powerpoint, portfolios and other digital elements. Some of our Services allow for a buyer ("Buyer") to purchase limited licenses (in accordance with the applicable License) to use elements from shops opened on the Services by independent creators ("Shop Owners"). References to "buying" or "purchasing" elements mean buying or purchasing limited licenses to those elements.
Eligibility. You may use the Service only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules, and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any users previously removed from the Service by JsCluster Group.
License Terms. As noted above, your use of any elements is subject to the applicable License (outlined in License Terms). We and Shop Owners offer different license types, so it is important that you carefully review the rights and restrictions of the License that applies to the elements before you purchase a license to such elements. In the event of a conflict between the License applicable to you and these Terms, the License will apply to the extent of that conflict.
Our Services. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to use the Services for your use only as permitted by the features of the Service and by these Terms. JsCluster Group reserves all rights not expressly granted herein in the Services and the Content (as defined below). JsCluster Group may revoke this right at any time for any reason or no reason.
Your Account. Your account gives you access to the Services and features that we may establish, maintain, and modify, from time to time and in our sole discretion. We may maintain different types of accounts for different types of users (e.g., Shop Owners, Affiliates, Pro Accounts, and Business Accounts), which may provide access to additional or different Services or features of those Services. By connecting to the Services with a third-party service (e.g., via your Facebook or Google account), you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You are responsible for tracking all activity on your account, and you agree to the following:

1. To store all passwords and usernames securely.
2. To notify us of any unauthorized use or security breach. We will not be liable for any liability, damage, cost, loss, or expense caused by or in connection with any unauthorized use of your account.
3. To never share login details or account access with anyone, including clients or team members, unless explicitly permitted by additional terms applicable to your account type.
4. To accept responsibility for activity that occurs under your account(s).
5. To never transfer, rent, "sell," or otherwise make your account available to another person.

Monitoring and Enforcement; Termination. JsCluster Group reserves the right to monitor downloads and user activity to ensure compliance with these Terms and the applicable License, which we may update from time to time in our sole discretion. We further reserve the right to monitor downloads and user activity for the security of our Services, fraud detection, and protection of our users, including African designers, and to ensure compliance with applicable laws. We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. We may remove or refuse to post any User Content (defined below) for any reason or no reason in our sole discretion. We will not be liable for any loss or corruption of User Content you provide to the Services. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Notifications and Emails. By providing us with your email address, you consent to JsCluster Group using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Subject to applicable law, we may also use your email address to send you other messages, such as changes to features of the Service and special offers ("Newsletters"). We may provide other notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, "push" mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion (in accordance with applicable law). We reserve the right to determine the form and means of providing notifications to our users. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You can manage your email and notification preferences on your account settings page. In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to those communications at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting support@jscluster.com. Doing so may have a material impact on our ability to provide the Services to you, and we are not responsible if you do so.

Service Rules

You agree not to engage in any of the following prohibited activities:

1. Copying, distributing, or disclosing any part of the Services in any medium, including, without limitation, by any automated or non-automated "scraping."
2. Using any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period of time using a conventional web browser. Exceptions apply to public search engines, which are granted revocable permission to copy materials for creating publicly available searchable indices (not caches or archives).
3. Transmitting spam, chain letters, or other unsolicited promotional emails.
4. Attempting to interfere with or compromise system integrity or security, or deciphering any transmissions to or from the servers running the Services.
5. Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
6. Uploading invalid data, viruses, worms, or other harmful or destructive software agents.
7. Collecting or harvesting personally identifiable information, including account names and emails, from the Services without authorization.
8. Using the Services for commercial solicitation purposes, except as explicitly permitted (e.g., "Hire Me" buttons, operating a Shop in compliance with the terms).
9. Impersonating another person, misrepresenting your affiliation with a person or entity, or engaging in fraudulent activities.
10. Interfering with the proper functioning of the Service.
11. Accessing any content on the Service through unauthorized technologies or means.
12. Circumventing measures designed to restrict or prevent access to the Service, including protections against content copying or usage restrictions.

User Content Some areas of the Services allow Users to post content outside of elements for sale (which are governed by additional terms, such as our Shop Terms). Examples include profile information, screenshots, comments, images, files, and other content. This content is collectively referred to as "User Content." User Content includes, but is not limited to, logos, trademarks, service marks, trade names, and other information provided by users. Such content may be used by us for marketing and promotional purposes under the User Content license grant outlined below.
User Responsibilities You agree to abide by all applicable terms, including our Community Guidelines, when posting User Content and interacting with other Users. You are solely responsible for your interactions with other Users and the content you share. We reserve the right but are not obligated to monitor disputes between Users. We are not liable for any User interactions or actions.

Representations and Warranties

By posting User Content on the Service, you represent and warrant that:

1. The downloading, copying, and use of your User Content will not infringe any third-party rights, including copyrights, trademarks, patents, or trade secrets.
2. If your employer owns the intellectual property in your User Content, you have obtained permission to post or have secured a waiver of rights.
3. You have fully complied with third-party licenses related to your User Content and have ensured all necessary terms are passed to end users.
4. Your User Content does not contain viruses, malware, or other harmful components.
5. The content is not spam, machine- or randomly-generated, or designed to mislead or perform unlawful acts (e.g., phishing, spoofing).
6. The content is not obscene, defamatory, or objectionable and complies with applicable laws, including those protecting privacy rights. It does not promote hate speech or violence.
7. If your User Content includes code, it is accurately categorized and described.

License Grant To Us: By posting User Content, you grant us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, distribute, and create derivative works of your User Content for use in connection with the Services, including promotional purposes. We may cite you as the owner of such content where appropriate.
To Other Users: You grant other Users a non-exclusive license to access your User Content as allowed by the Service’s functionality and terms.
Additional User Content Prohibitions You agree not to post User Content that:

1. Is pornographic, fraudulent, illegal, harassing, or otherwise objectionable.
2. Poses risks of harm, loss, or injury to any individual or property.
3. Exploits or harms children.
4. Constitutes or contributes to criminal or tortious activities.
5. Violates privacy rights or contains false, misleading, or unethical content.
6. Promotes hate speech, bigotry, or violence.

Proprietary Rights The Services, including themes, images, text, graphics, logos, and other materials, are the exclusive property of JsCluster Group and its licensors. You agree not to:

1. Sell, license, or rent any Service materials.
2. Reverse engineer, modify, distribute, or create derivative works of any content or software from the Service.
3. Use proprietary content without explicit permission, except as authorized by law.

This document outlines your obligations and restrictions while using the Services, ensuring compliance with our standards and protecting the rights of all parties involved.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

1. Your physical or electronic signature.
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the written notice is accurate.
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

Pricing and Billing

Pricing on JsCluster creative elements will be provided at the time of purchase. Unless otherwise stated at the time of purchase or agreed to by JsCluster Group, fees for each element and or service will be billed and are non-refundable. No refunds or download credits are issued for partial months of service or unused elements. New download credits, corresponding to the purchased amount, and are non-transferrable to third parties.
Billing Rate Modifications We reserve the right to modify billing rates with a 30-day written notice via updates on the Services or email notifications. You are responsible for paying the updated rates once effective.
Resolution Process for Transactions We facilitate a resolution process for transactions when Buyers claim:

1. The purchased element was not received.
2. The received element differs from the product listing description.

We reserve the right to: Actively assist in resolving transaction disputes, although not obligated to do so. Make final decisions, at our sole discretion, on transaction disputes. Fix any identified processing errors by debiting or crediting the appropriate payment method. Close accounts without notice in cases of chargebacks or disputes, in compliance with applicable laws.

Chargebacks Policy

Transactions may be subject to the following Chargebacks Policy, which is subject to updates.
Billing Policies Certain Services, including element purchases, and inactivity fees, may involve charges. By using these Services, you: Agree to the listed pricing and terms, subject to updates. Understand subscriptions may be canceled without notice if payment processing fails. Accept that inactive account balances are subject to inactivity fees, per our fee terms.
Account Cancellation You may cancel your account anytime, but no refunds will be issued upon cancellation. If your account is suspended or terminated by JsCluster Group, refunds for credits, element licenses, subscription fees, or content/data associated with your account will not be provided.
Refund Policy Refunds are granted solely at the discretion of JsCluster Group. Refund exceptions: If issued, you must delete all downloaded product files and cease their usage immediately. Once refunded, all licenses for the refunded product files are revoked, and usage is prohibited.

Payment Information and Taxes

1. All payment-related information must be accurate and current.
2. You are responsible for all charges incurred by your payment method.
3. You are solely responsible for calculating, reporting, and remitting any applicable taxes to the relevant authorities for transactions, including element purchases.
4. You agree to indemnify JsCluster Group against any liability related to your tax obligations.

Consent and Collection and Use of Data

Element Purchases If you are a Buyer purchasing an element, you acknowledge and agree that the Shop Owner will have access to your purchase details, including your publicly visible username, the element purchased, and the date of purchase ("Purchase Information"). By using the Services, you authorize JsCluster Group to share this Purchase Information with the respective Shop Owner. The Shop Owner may also access information you have chosen to make public on your profile but will not have access to sensitive payment details, such as credit card information.
If you are a Shop Owner, you agree to use Purchase Information solely to facilitate the delivery of the purchased element and provide necessary support. You must not sell, retain, use, or disclose this information for any other purpose except as required by law.
Consents We value your privacy. By using the Services, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. You acknowledge that it is your responsibility to obtain necessary consents and comply with applicable privacy and data protection laws regarding any personal information provided through the Services.
Third-Party Services The Services may integrate with or link to third-party platforms, such as social media or other websites. We do not control these third parties and their privacy practices. You should review their privacy policies to understand how your data is handled when interacting with their platforms.
Sensitive Personal Information You agree only to provide tax or payment information in designated secure areas. You must not upload sensitive personal information (e.g., medical or health data) unless explicitly required for billing, payment, or tax purposes. JsCluster Group assumes no liability for any sensitive data improperly disclosed due to misuse of the Services.
Security JsCluster Group prioritizes the security of your data but cannot guarantee absolute protection against unauthorized access or breaches. You agree to manage your account credentials responsibly and report any security issues immediately. Use of third-party platforms to access the Services may be subject to their separate privacy practices.
Storage Practices and Limits User Content stored on the Services is subject to limitations, including potential archiving of inactive accounts at JsCluster Group's sole discretion. While reasonable safeguards are in place, JsCluster Group is not liable for any data loss, deletion, or storage issues.
Third-Party Links and Content The Services may host third-party content, links, or promotions. JsCluster Group is not responsible for the accuracy, legality, or quality of third-party materials. Interactions, transactions, or disputes with third-party providers are solely between you and those entities. Indemnity You agree to indemnify and hold harmless JsCluster Group, its affiliates, and representatives from claims or liabilities arising from:

1. Your use of the Services.
2. Violations of the Terms or Policies.
3. Infringement of third-party rights.
4. Any unauthorized access using your account credentials.
5. Any disputes or claims involving third-party content or purchases.
6. JsCluster Group reserves the right to participate in the defense of claims and approve settlements.

Disclaimer Of Warranties

The services offered on this platform are provided on an "AS IS" and "AS AVAILABLE" basis. By accessing and using these services, you acknowledge that you do so at your own risk. To the fullest extent permissible by applicable law, the services are offered without any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. This includes content provided by or featuring African designers. We do not guarantee that the content, including designs, elements, or products created by African designers, is accurate, reliable, or error-free. Furthermore, we do not warrant that the services will meet your specific requirements, be uninterrupted, or remain secure. Any defects or errors identified will not necessarily be corrected, and we cannot ensure that the platform is free from viruses or harmful components. Any content downloaded or accessed through the platform, including those by African designers, is at your own discretion and risk. You alone are responsible for any damage to your device or data loss resulting from such downloads or interactions with the services. We do not endorse or assume responsibility for any user-generated content, products, or services offered by third parties through the platform, including African designers or other users. Our platform will not be party to or monitor any transaction between you and third-party providers, whether local or international.

Disclaimer Of Damages

To the maximum extent permitted by law, we are not liable for any indirect, special, or consequential damages resulting from your use of the platform or content, including African designer elements. This includes, but is not limited to, loss of profits, revenue, data, or business opportunities. We are not responsible for errors, inaccuracies, or omissions in content, including those from African designers, nor for any interruptions, bugs, viruses, or unauthorized access to your data resulting from the use of the platform.

Limitation Of Liability

In no event will our liability exceed the greater of (a) one hundred Rand (R100) or (b) the total amount paid by you for access to or use of the services in the six (6) months prior to the claim. This limitation applies to all claims, regardless of the legal basis, and to the fullest extent permitted by law.

Jurisdiction and Compliance

Our services are designed to support and showcase the works of African designers and are primarily operated from South Africa. We make no guarantee that the services are suitable for use outside the specified regions. Users accessing the platform from other jurisdictions are responsible for compliance with applicable laws, including data protection and export regulations. You may not use the services if you reside in a country embargoed or are restricted by applicable government regulations.

Arbitration and class action Waiver

Any disputes arising from these terms will be resolved through arbitration, in accordance with arbitration rules unless you opt out within 30 days of accepting these terms. By agreeing to these terms, you waive the right to participate in class actions or jury trials, except where prohibited by law.

Governing Law

These terms are governed by the laws of South Africa, and disputes will be resolved under the jurisdiction of the courts in South Africa.

Additional Rights

Certain jurisdictions may not allow limitations on implied warranties or the exclusion of incidental or consequential damages. In such cases, some provisions of these terms may not apply to you, and you may have additional rights under your local laws.

Arbitration Agreement

The only exceptions to our agreement to arbitrate are as follows: Any Dispute related to injunctive relief and/or any dispute relating to the enforcement or validity of your, your licensors’, our, or our licensors’ Intellectual Property Rights (as discussed below). To the extent that arbitration clauses are prohibited by applicable law in jurisdictions outside of South Africa. A Dispute that meets the requirements to be heard in small claims court as a single-plaintiff claim (which you may bring in such a small claims court at your option). YOU AND WE AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s disputes. BY AGREEING TO THESE TERMS, YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the class action waiver is found to be illegal or unenforceable, parts of the dispute will proceed in court, with the rest resolved through arbitration. If any other provision of this arbitration section is found to be illegal or unenforceable, it will be severed while the rest of this section remains effective. Opt-Out Option You may opt out of this arbitration agreement and class action waiver by notifying us in writing within 30 days of accepting these terms. Your notice must include your name, address, username, email address, and an unequivocal statement opting out of the arbitration provision. Submit this notice to optout@jscluster.com and retain a copy for your records.
Governing Law and Jurisdiction Except as otherwise provided, any action arising out of or related to these Terms will be governed by and construed under the laws of the relevant African jurisdiction where the platform operates. Arbitration and legal proceedings will adhere to these local regulations, prioritizing African designers’ interests and intellectual property protections.
Export Control Your use of the platform must comply with applicable export control and trade sanctions laws of the regions we serve. You represent and warrant that:

1. You are not a citizen of, or located within, a nation subject to significant trade restrictions.
2. You are not identified on any restricted party lists.
3. You will not use the platform for any restricted end-use applications or disclose, transfer, or export content in violation of applicable laws.

Filtering We encourage responsible content sharing. Parental control tools are available to limit access to harmful material, though we do not endorse specific products.
Relationship Between Parties Our relationship with African designers is that of independent contractors. These Terms do not create any partnership, joint venture, or other business association. Each party will cover their respective costs unless otherwise provided. Miscellaneous If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect. Section headings are for convenience only and do not affect interpretation. Unless otherwise agreed in writing, no waiver of any provision will be binding unless executed by both parties. For further inquiries or support, please contact us at support@jscluster.com.

Changes To This Agreement