Terms of Service

Last updated: November 2024

By using our services, you agree to these terms. Please read them carefully.

1. Definitions

"Company," "We," "Us," "Our"
Refers to Try-Catch Software, a registered software company.
"Services"
Refers to all software products, mobile applications, school management systems, and related services provided by Try-Catch.
"Client," "You," "Your"
Refers to the individual or entity using our Services.
"Content"
Refers to text, images, audio, video, and other materials available through our Services.
"Payment Gateway"
Refers to third-party payment processors integrated with our Services (Stripe, Paystack, Panow, Ozow, etc.).

2. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Important: If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Services Description

Try-Catch provides the following services:

  • AI-powered mobile application development
  • School Management Systems
  • Custom software development
  • Payment gateway integration services
  • Technical support and maintenance

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice to clients.

4. Account Registration

To access certain Services, you must register for an account. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

5. Fees and Payment

5.1 Subscription Fees

Our Services may be offered on a subscription basis. Fees are billed in advance and are non-refundable except as required by law.

5.2 Payment Processing

Payments are processed through third-party payment gateways. By providing payment information, you authorize us to charge the applicable fees.

Payment Gateway Disclaimer: We are not responsible for the actions, policies, or fees of payment gateway providers. Payment processing is subject to the terms and privacy policies of the respective payment processors.

5.3 Price Changes

We reserve the right to change prices with 30 days' notice to existing clients.

5.4 Taxes

All fees are exclusive of taxes. You are responsible for any applicable taxes in your jurisdiction.

6. Intellectual Property

6.1 Our Rights

All intellectual property rights in our Services, including software, documentation, and trademarks, remain our exclusive property.

6.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our Services as permitted by these Terms.

6.3 Client Data

You retain ownership of any data you submit through our Services. You grant us a license to use such data to provide and improve our Services.

7. User Content

You are responsible for all content you submit through our Services. You warrant that:

  • You have the right to share the content
  • The content does not violate any laws or third-party rights
  • The content is not malicious or harmful

8. Prohibited Activities

You agree not to:

  • Use our Services for any illegal purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with the security or performance of our Services
  • Use our Services to transmit malware or spam
  • Reverse engineer or decompile our software
  • Use our Services to violate any applicable laws in Zimbabwe, South Africa, UK, or your jurisdiction

9. Termination

9.1 By You

You may terminate your account at any time through your account settings or by contacting us.

9.2 By Us

We may suspend or terminate your access to our Services if you violate these Terms.

9.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. We may retain your data as required by law or our data retention policies.

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

  • Our Services will be uninterrupted or error-free
  • Our Services will meet your specific requirements
  • Results obtained from using our Services will be accurate or reliable

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRY-CATCH SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Liability Cap: Our total liability for any claims under these Terms shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Try-Catch Software and its affiliates from any claims, damages, or losses arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any laws or third-party rights

13. Dispute Resolution

13.1 Informal Resolution

We encourage you to contact us first to resolve any disputes informally.

13.2 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in Harare, Zimbabwe, in accordance with Zimbabwean arbitration laws.

13.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Zimbabwe, without regard to its conflict of law provisions.

For clients in South Africa, certain provisions may be subject to South African consumer protection laws.

For clients in the United Kingdom, certain provisions may be subject to UK consumer protection laws.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes through our website or email.

Your continued use of our Services after changes constitutes acceptance of the modified Terms.

16. Contact Information

For questions about these Terms, please contact:

  • Email: legal@try-catch.net
  • Address: Legal Department, Try-Catch Software, 123 Business Street, Harare, Zimbabwe
  • Phone: +263 123 456 789 (Legal Inquiries)

Important Notice: These Terms constitute the entire agreement between you and Try-Catch Software regarding our Services, superseding any prior agreements.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.