1. Introduction and Acceptance
1.1. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and SmythTec (Pty) Ltd, trading as Splibble ("Splibble", "SmythTec", "Company", "we", "us", "our"), a company incorporated and registered in the Republic of South Africa.
1.2. By accessing, downloading, installing, or using the Splibble mobile application, web application, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
1.3. If you do not agree to these Terms, you must immediately cease all use of the Service and delete any installed applications.
1.4. We reserve the right to modify, amend, or update these Terms from time to time. For material changes that affect your rights or obligations, we will provide you with reasonable prior notice via email to your registered email address or through a prominent in-app notification, and where required by applicable law (including the Consumer Protection Act, 2008), we will seek your affirmative consent to such material changes. Your continued use of the Service following the effective date of any non-material changes constitutes your acceptance of the revised Terms. If you do not agree to any material change, you may discontinue use of the Service and delete your account.
2. Definitions
2.1. "Service" means the Splibble mobile application (iOS, Android), web application, and all related infrastructure, features, and functionality, whether currently available or introduced in the future.
2.2. "Bill Splitting Session" or "Session" means a collaborative session created within the Service whereby Users collectively assign line items from a bill to determine individual payment obligations.
2.3. "Content" means any data, text, images, photographs, or other material uploaded, submitted, or transmitted through the Service, including but not limited to bill photographs, profile pictures, and user-generated data.
2.4. "AI Processing" means the automated analysis of Content using artificial intelligence, machine learning, or other automated technologies to extract, interpret, categorise, or process information.
2.5. "Session Participants" means all Users who join a Session via any method made available by the Service.
2.6. "Promotional Content" means any offers, discounts, advertisements, recommendations, or promotional materials from third-party establishments or partners that may be displayed within the Service.
2.7. "Financial Features" means any payment processing, payment facilitation, fund transfer, or other financial transaction functionality that may be made available through the Service from time to time.
2.8. "Transaction Fee" means any fee, charge, or commission applied by Splibble in connection with a transaction processed through Financial Features, as disclosed to you prior to confirming the transaction.
3. Eligibility
3.1. You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, to use the Service.
3.2. By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement and are not barred from using the Service under any applicable law.
3.3. If you are using the Service on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity's behalf.
3.4. You represent and warrant that you are not located in, and are not a resident or national of, any country subject to comprehensive sanctions by the United Nations, the European Union, the United States (OFAC), or the Republic of South Africa, and that you are not listed on any sanctioned persons list maintained by any of the foregoing. Splibble reserves the right to restrict or terminate access to the Service from any jurisdiction at its sole discretion.
4. Description of Service
4.1. Splibble is a bill splitting and expense management platform. The Service may include, without limitation, the following features and functionality (whether currently available or introduced in the future):
- (a) Photographing and processing bills and receipts;
- (b) Extracting line items and financial data from bills using AI Processing;
- (c) Sharing Sessions with other Users;
- (d) Collaboratively assigning line items to individual Users;
- (e) Calculating individual payment amounts including tip allocations;
- (f) Detecting or identifying establishments and venues;
- (g) Displaying Promotional Content, including offers, discounts, and recommendations from third-party establishments;
- (h) Facilitating or processing payments and financial transactions between Users, between Users and establishments, or between any other parties, which may be subject to Transaction Fees;
- (i) Any other features, tools, or functionality we may introduce from time to time.
4.2. Feature Availability. Not all features described in Section 4.1 may be available at any given time, in any given region, or to any given User. We reserve the right to introduce, modify, restrict, or discontinue any feature at our sole discretion, with or without notice.
4.3. Where the Service includes or introduces Financial Features:
- (a) All payment processing is performed by independent, PCI DSS Level 1 compliant third-party payment gateway providers ("Payment Processors"). Splibble does not directly process, store, or have access to your full payment card details, banking credentials, or other sensitive financial instrument data;
- (b) Financial Features are governed by a separate Financial Services Agreement ("FSA") which must be accepted before use. In the event of conflict between these Terms and the FSA, the FSA shall prevail with respect to Financial Features;
- (c) You acknowledge that the use of Financial Features is entirely voluntary and at your own risk;
- (d) Splibble acts solely as an intermediary platform connecting you with Payment Processors and does not itself act as a bank, deposit-taking institution, electronic money issuer, or licensed financial services provider;
- (e) The processing, settlement, and security of payment transactions is the responsibility of the Payment Processor, subject to the Payment Processor's own terms, conditions, and regulatory obligations;
- (g) Any dispute regarding a payment transaction should be directed to the relevant Payment Processor in the first instance. Splibble will provide reasonable assistance in facilitating communication with the Payment Processor but assumes no liability for the outcome;
- (h) Where required by applicable anti-money laundering, counter-terrorism financing, or know-your-customer legislation, you may be required to provide additional identity verification information before accessing Financial Features. Splibble and its Payment Processors reserve the right to decline, suspend, or reverse transactions where such verification cannot be satisfactorily completed, or where there is a reasonable suspicion of unlawful activity;
- (i) Financial Features may be subject to Transaction Fees, which will be clearly disclosed to you before you confirm any transaction. By confirming a transaction, you agree to the applicable Transaction Fee. Transaction Fees are non-refundable once the transaction has been successfully processed, except where required by applicable law.
4.4. Where the Service displays Promotional Content:
- (a) Splibble acts solely as a platform for the display of Promotional Content originating from third-party establishments and partners. The display of Promotional Content does not constitute an endorsement, guarantee, recommendation, or verification by Splibble;
- (b) Splibble does not verify, warrant, or guarantee the accuracy, validity, timeliness, availability, or legality of any offer, discount, or promotion. You should confirm all promotional terms directly with the relevant establishment before placing any order or making any purchase decision;
- (c) The terms and conditions of any promotion are solely between you and the relevant third-party establishment. Splibble is not a party to any promotional arrangement and bears no obligation to honour, enforce, or mediate any promotion;
- (d) Splibble shall not be liable for any loss, disappointment, expense, or dispute arising from your reliance on or use of Promotional Content, including but not limited to promotions that are expired, unavailable, modified, or not honoured by the relevant establishment;
- (e) Promotional Content may be personalised based on your usage patterns, location, preferences, or other data, as described in our Privacy Policy;
- (f) Where Promotional Content or establishment suggestions are influenced by commercial arrangements between Splibble and third-party establishments, such content will be clearly identified as "Sponsored", "Promoted", or with an equivalent label. Organic suggestions based solely on location or usage data will not carry such labels.
5. User Accounts
5.1. To access certain features of the Service, you must create an account by providing required registration information, which may include your name, email address, and a profile photograph.
5.2. You are solely responsible for:
- (a) The accuracy and completeness of all information provided during registration;
- (b) Maintaining the confidentiality of your account credentials;
- (c) All activities that occur under your account, whether or not authorised by you;
- (d) Immediately notifying us of any unauthorised access to or use of your account.
5.3. We reserve the right to suspend, disable, or terminate your account at any time, for any reason, with or without cause and with or without notice, including but not limited to breach of these Terms.
5.4. You may not create or use more than one account, impersonate any person or entity, or use a false identity.
6. User Conduct
6.1. You agree not to:
- (a) Use the Service for any unlawful, fraudulent, or malicious purpose;
- (b) Upload, transmit, or share any Content that is illegal, defamatory, obscene, threatening, abusive, or that infringes upon any third-party rights;
- (c) Attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service;
- (d) Upload any viruses, worms, or other malicious code;
- (e) Collect or harvest any personally identifiable information from other Users;
- (f) Use the Service to send unsolicited communications;
- (g) Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Service;
- (h) Use automated systems (bots, scrapers, crawlers) to access the Service;
- (i) Circumvent, disable, or interfere with any security-related features of the Service;
- (j) Use the Service to facilitate money laundering, tax evasion, or any other financial crime;
- (k) Upload fraudulent, doctored, or fabricated bill images;
- (l) Abuse the sharing functionality to harass or spam other individuals;
- (m) Misuse any Promotional Content, including but not limited to attempting to redeem expired, fabricated, or fraudulently obtained offers;
- (n) Manipulate, abuse, or exploit any Financial Features for fraudulent purposes.
7. AI Processing
7.1. The Service uses artificial intelligence and machine learning technologies, which may include third-party AI providers, to process Content and provide features of the Service.
7.2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- (a) AI Processing is inherently imperfect and may produce inaccurate, incomplete, or erroneous results;
- (b) Extracted line items, quantities, prices, establishment names, and all other processed data may contain errors;
- (c) IT IS YOUR SOLE AND ABSOLUTE RESPONSIBILITY to review, verify, and correct all AI-processed data before relying upon it or proceeding with any action, including bill splitting or any financial transaction;
- (d) The Service provides editing functionality specifically for the purpose of correcting AI-generated errors, and your failure to use this functionality constitutes acceptance of any errors;
- (e) Splibble shall bear no liability whatsoever for any financial loss, overpayment, underpayment, dispute, or other harm arising from inaccuracies in AI-processed data;
- (f) Content may be transmitted to third-party service providers for processing, and such transmission is governed by those providers' own terms and privacy policies.
7.3. We make no representation or warranty regarding the accuracy, reliability, completeness, or timeliness of AI-generated results.
7.4. Accessibility. We are committed to making the Service accessible to all Users, including Users with disabilities. If you experience difficulty reviewing or editing AI-processed data due to a disability or accessibility limitation, please contact us at accessibility@splibble.com, and we will work with you to provide reasonable assistance. The responsibility to verify AI-processed data as described in Section 7.2(c) shall be interpreted reasonably, taking into account any accessibility limitations that have been communicated to us.
8. Bill Splitting Sessions
8.1. When you create or join a Session, you acknowledge that:
- (a) Session data, including bill items and participant assignments, is visible to all Session Participants in real time;
- (b) Any Session Participant may modify item assignments during an active session;
- (c) Sessions automatically expire after a period of inactivity, after which no further modifications can be made;
- (d) Session data, including calculated split amounts, is provided for informational and reference purposes only.
8.2. CALCULATED AMOUNTS ARE ESTIMATES AND SUGGESTIONS ONLY. Splibble does not guarantee the mathematical accuracy of split calculations, tip computations, or any other financial figure produced by the Service. You are solely responsible for verifying all amounts before making or requesting any payment.
8.3. Splibble is not a party to, and assumes no responsibility for, any agreement, arrangement, or dispute between Session Participants regarding payment obligations, tip amounts, or any other financial matter.
8.4. Sharing a Session is entirely at your own risk. You are responsible for controlling who gains access to your Sessions.
8.5. Tip calculations. Tip amounts displayed by the Service are user-configurable suggestions calculated for the convenience of Session Participants. Splibble makes no representation to any establishment, employee, or third party regarding the tip amount that will actually be paid. The actual tip paid is determined solely by the User at the point of payment, which occurs outside the Service (or, where Financial Features are available, is confirmed by the User before submission).
9. Third-Party Relationships
9.1. The Service processes information appearing on bills and receipts issued by third-party establishments. Splibble does not enter into any contractual, fiduciary, agency, or advisory relationship with any establishment, its employees, or any other third party by virtue of processing its bills or displaying its information within the Service.
9.2. Any data extracted from a bill is provided to Users for their personal reference only and does not constitute a representation by Splibble to the establishment, its employees, or any third party regarding amounts owed, payable, or paid.
9.3. Splibble owes no duty of care, and accepts no liability, to any non-User third party (including but not limited to establishments, their employees, suppliers, or any other person) in connection with the processing of bill data, the display of split calculations, or any other feature of the Service. The disclaimers, limitations, and exclusions set forth in these Terms are intended to benefit Splibble in respect of any claim, whether brought by a User or a non-User third party, to the fullest extent permitted by law.
9.4. Where Splibble enters into a direct commercial relationship with an establishment (for example, in connection with Promotional Content or Financial Features), the terms of that relationship shall be governed by a separate agreement between Splibble and the establishment and shall not create any rights, obligations, or liabilities in favour of Users or other third parties.
10. Real-Time Communication
10.1. The Service uses real-time communication technologies to enable synchronisation between Session Participants.
10.2. We do not guarantee uninterrupted, error-free, or real-time delivery of communications. Network conditions, device limitations, server load, and other factors may cause delays, disconnections, or data inconsistencies.
10.3. Splibble shall not be liable for any loss, harm, or dispute arising from delays in real-time updates, stale session data, disconnections, or synchronisation failures.
10.4. Any descriptions of real-time features in marketing materials, the Service interface, or other communications describe intended functionality under normal operating conditions and do not constitute a performance guarantee, representation, or warranty. Actual performance may vary due to factors outside Splibble's control.
11. Location Services
11.1. The Service may request access to your device's location data (including GPS, Wi-Fi, cellular, and other location technologies) to provide and enhance certain features, including but not limited to identifying establishments, improving service accuracy, and personalising your experience.
11.2. Location access is optional and may be granted or revoked at any time through your device settings. Certain features of the Service may be unavailable or limited without location access.
11.3. YOU ACKNOWLEDGE THAT:
- (a) Location data is inherently imprecise and may not accurately reflect your actual position or the identity of nearby establishments;
- (b) Splibble does not guarantee the accuracy, completeness, or reliability of any information derived from location data;
- (c) Any establishment identification, suggestion, or association based on location data is provided for convenience only and may be incorrect;
- (d) You are solely responsible for verifying any establishment or venue information before relying upon it;
- (e) Splibble shall not be liable for any loss, harm, or inconvenience arising from inaccurate location data or incorrect establishment identification.
11.4. The collection, use, and storage of your location data is described in our Privacy Policy.
12. Intellectual Property
12.1. The Service, including all software, code, algorithms, models, design, graphics, user interface, trademarks, logos, proprietary technologies, trade secrets, and all associated intellectual property, is and shall remain the exclusive property of SmythTec (Pty) Ltd (trading as Splibble). This includes, without limitation, all AI models, data processing methodologies, system architectures, and technical implementations used in or developed for the Service.
12.2. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose, subject to compliance with these Terms. No other rights or licences are granted, whether by implication, estoppel, or otherwise.
12.3. You retain ownership of Content you upload (bill photographs, profile pictures). By uploading Content, you grant Splibble a worldwide, non-exclusive, royalty-free, sublicensable licence to use, store, process, reproduce, modify, adapt, and transmit such Content for the purpose of providing and operating the Service. This licence terminates upon deletion of your account and the applicable data retention period described in our Privacy Policy, except as set out in Section 12.4.
12.4. AI Training and Anonymised Data Licence. By using the Service, you grant Splibble a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, irrevocable licence to use anonymised and de-identified versions of your Content (from which all personally identifiable information, including facial images, has been irreversibly removed such that the data no longer constitutes personal information under any applicable data protection law) for the purpose of: (a) training, improving, and developing AI and machine learning models used in connection with the Service and related products; and (b) creating anonymised datasets that may be used, licensed, or shared with third parties for research, analytics, industry benchmarking, and the improvement of AI and machine learning technologies, as further described in Section 21 of our Privacy Policy. As this licence applies exclusively to data that is no longer personal information, it is not subject to withdrawal of consent under POPIA or GDPR and survives account deletion. Notwithstanding the foregoing, you may opt out of future use of your Content for AI training and anonymised dataset creation at any time by contacting us at privacy@splibble.com or through the relevant settings within the Service. Upon receiving your opt-out request, we will cease using your Content for these purposes within thirty (30) days. Content already included in anonymised datasets or models trained prior to your opt-out may remain where it cannot practicably be extracted or reversed.
12.5. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, reverse engineer, or otherwise exploit the Service or any portion thereof without our prior written consent.
12.6. Any feedback, suggestions, ideas, or recommendations you provide regarding the Service ("Feedback") shall be the exclusive property of Splibble. You hereby irrevocably assign all right, title, and interest in and to such Feedback to Splibble, without compensation or attribution.
13. Disclaimer of Warranties
13.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
13.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPLIBBLE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- (a) IMPLIED WARRANTIES OF MERCHANTABILITY, fitness for a particular purpose, and non-infringement;
- (b) Any warranty that the Service will be uninterrupted, timely, secure, or error-free;
- (c) Any warranty regarding the accuracy, reliability, or completeness of any Content, data, information, or Promotional Content provided through the Service;
- (d) Any warranty regarding the accuracy of AI-processed data, split calculations, establishment identification, or location-based information;
- (e) Any warranty regarding the availability of the Service in any particular geographic region;
- (f) Any warranty that defects will be corrected;
- (g) Any warranty that the Service is free of viruses or other harmful components;
- (h) Any warranty regarding the accuracy, validity, or availability of any Promotional Content, offer, or discount;
- (i) Any warranty regarding the successful completion, accuracy, or timeliness of any financial transaction processed through or in connection with the Service.
13.3. No advice or information, whether oral or written, obtained from Splibble or through the Service, shall create any warranty not expressly stated in these Terms.
14. Limitation of Liability
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPLIBBLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
- (a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including but not limited to damages for loss of profits, revenue, goodwill, use, data, or other intangible losses;
- (b) ANY FINANCIAL LOSS, including but not limited to overpayment, underpayment, failed transactions, delayed payments, incorrect payment amounts, currency errors, lost funds, or any monetary dispute;
- (c) ANY LOSS OR DAMAGE ARISING FROM:
- (i) Your use of or inability to use the Service;
- (ii) Any inaccuracy in AI-processed data, split calculations, establishment identification, or location-based information;
- (iii) Any error in split calculations, tip computations, or other financial figures;
- (iv) Any unauthorised access to or alteration of your data or transmissions;
- (v) Any dispute between Users regarding payment amounts or obligations;
- (vi) Any failure of real-time communication or session synchronisation;
- (vii) Any loss of data, including session data, user profiles, activity history, or financial records;
- (viii) Any action or inaction of any third party in connection with the Service, including third-party establishments and payment providers;
- (ix) Any interruption, suspension, or termination of the Service;
- (x) Any damage to your device arising from use of the Service;
- (xi) Any reliance on information, Promotional Content, or recommendations provided through the Service;
- (xii) Any financial dispute at any establishment or between any parties;
- (xiii) Any tax implications arising from the use of the Service or split calculations;
- (xiv) Any failed, reversed, or disputed financial transaction;
- (xv) Any loss arising from inaccurate location data or establishment identification;
- (xvi) Any claim by any third party.
14.2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE TOTAL AGGREGATE LIABILITY OF SPLIBBLE FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF TRANSACTION FEES ACTUALLY PAID BY YOU TO SPLIBBLE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW. FOR THE AVOIDANCE OF DOUBT, PASS-THROUGH TRANSACTION AMOUNTS (SUCH AS PAYMENTS TO ESTABLISHMENTS) ARE NOT "FEES PAID TO SPLIBBLE" FOR THE PURPOSES OF THIS CAP. WHERE NO TRANSACTION FEES HAVE BEEN PAID, SPLIBBLE'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE SOUTH AFRICAN RAND (ZAR 1.00).
14.3. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SPLIBBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14.4. YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED FREE OF CHARGE OR AT NOMINAL COST, AND THAT THE LIMITATION OF LIABILITY HEREIN REFLECTS A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.
14.5. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including but not limited to:
- (a) Liability for fraud, gross negligence, or wilful misconduct;
- (b) Liability arising under the Protection of Personal Information Act, 2013, including but not limited to liability for data breaches, unlawful processing, or failure to comply with data subject rights;
- (c) Liability arising under mandatory provisions of the Consumer Protection Act, 2008, that cannot be excluded by agreement;
- (d) Any other liability that applicable law does not permit to be excluded or limited.
15. Indemnification
15.1. You agree to indemnify, defend, and hold harmless Splibble, its directors, officers, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- (a) Your use of the Service, including any Financial Features;
- (b) Your violation of these Terms;
- (c) Your violation of any applicable law or regulation;
- (d) Your Content or any data you submit through the Service;
- (e) Your infringement of any third-party right, including intellectual property rights;
- (f) Any dispute between you and any other User, any establishment, or any third party;
- (g) Any claim that your Content caused damage to a third party;
- (h) Any financial dispute arising from a Session in which you participated;
- (i) Any dispute arising from your use of or reliance on Promotional Content;
- (j) Any dispute arising from any financial transaction initiated through or in connection with the Service.
15.2. This indemnification obligation shall not apply to the extent that any claim arises directly and solely from Splibble's own fraud, gross negligence, or wilful misconduct.
16. Financial Services Disclaimer
16.1. Splibble does not itself provide financial advice, tax advice, accounting services, or any form of regulated financial service. Split calculations and amounts displayed by the Service are for informational and convenience purposes only and do not constitute a binding obligation on any party.
16.2. Where Financial Features are made available, all payment processing is conducted by independent, PCI DSS Level 1 compliant Payment Processors. Splibble does not store, process, or have access to your full payment card numbers, CVV codes, or banking credentials. Such data is collected and processed exclusively by the Payment Processor in accordance with the Payment Card Industry Data Security Standard.
16.3. Where Financial Features are made available, additional regulatory disclosures, terms, and a Financial Services Agreement will be provided as required by applicable law and must be accepted before use.
16.4. You should seek independent professional financial, tax, or legal advice where appropriate.
17. Third-Party Services and Content
17.1. The Service relies on and integrates with various third-party services and may display content from third-party sources.
17.2. We do not control, endorse, or assume any responsibility for the availability, accuracy, security, or practices of any third-party services or third-party establishments.
17.3. Your use of third-party services may be subject to additional terms and conditions and privacy policies imposed by those third parties.
17.4. Splibble shall not be liable for any failure, interruption, error, data loss, or financial loss caused by or attributable to any third-party service or third-party content.
17.5. Any interaction, transaction, or dispute between you and a third-party establishment (whether arising from Promotional Content, a Session, a financial transaction, or otherwise) is solely between you and that third party.
17.6. The Service is distributed through third-party app distribution platforms. These platforms and their operators are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary thereof. The platform operator has no obligation to provide maintenance, support, or warranty services for the Service. Any claims relating to the Service, including product liability, legal compliance, or intellectual property, are solely the responsibility of Splibble, not the platform operator.
18. Service Availability and Modifications
18.1. We do not guarantee that the Service will be available at all times or in all locations. The Service may be subject to scheduled and unscheduled downtime, maintenance, updates, or modifications.
18.2. We reserve the right, at our sole discretion, to modify, suspend, discontinue, or terminate the Service or any feature thereof, temporarily or permanently, at any time, with or without notice and with or without cause.
18.3. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
19. Data Loss
19.1. SPLIBBLE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, REGARDLESS OF CAUSE. This includes but is not limited to:
- (a) Loss of user profile data;
- (b) Loss of bill photographs or scanned bill data;
- (c) Loss of session data, item assignments, or split calculations;
- (d) Loss of activity history or transaction records;
- (e) Loss of any financial transaction records or payment history;
- (f) Data loss caused by system failures, security breaches, software bugs, infrastructure outages, or third-party service failures;
- (g) Data loss resulting from account termination or suspension.
19.2. You are solely responsible for maintaining independent records and copies of any data or information you consider important, including records of any financial transactions.
19.3. Sessions are temporary in nature and automatically expire after a period of inactivity. We do not guarantee the preservation or availability of any session data beyond the active session period.
20. Force Majeure
20.1. Splibble shall not be liable for any failure or delay in performance of its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions, sanctions, embargoes, power failures, internet or telecommunications failures, cyberattacks, denial-of-service attacks, labour disputes, supply chain disruptions, or failure of third-party services.
21. Governing Law and Jurisdiction
21.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
21.2. Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.
21.3. Notwithstanding the foregoing, Splibble reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction.
21.4. If you access the Service from outside South Africa, you do so at your own risk and are solely responsible for compliance with all applicable local laws.
22. Consumer Protection Act (South Africa)
22.1. To the extent that the Consumer Protection Act, 2008 (Act No. 68 of 2008) ("CPA") applies to these Terms or the Service, nothing in these Terms is intended to limit any rights you may have under the CPA that cannot be excluded or limited by agreement.
22.2. Where any provision of these Terms conflicts with a mandatory provision of the CPA, the CPA provision shall prevail, but only to the extent required by law.
23. Electronic Communications and Transactions Act (South Africa)
23.1. By agreeing to these Terms electronically, you consent to the formation of agreements, the making of disclosures, and the sending of notices electronically, in accordance with the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) ("ECTA").
23.2. You acknowledge that electronic signatures, records, and communications satisfy any legal requirement for writing, signature, or record retention.
24. Protection of Personal Information Act (South Africa)
24.1. The collection, processing, and storage of your personal information is governed by our Privacy Policy, which forms an integral part of these Terms.
24.2. By using the Service, you consent to the processing of your personal information as described in the Privacy Policy, in accordance with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) ("POPIA").
25. International Users
25.1. The Service is primarily designed for use in South Africa. If you access the Service from any other jurisdiction, you are solely responsible for compliance with all applicable local laws, including but not limited to:
- (a) The General Data Protection Regulation (EU) 2016/679 ("GDPR");
- (b) The California Consumer Privacy Act ("CCPA");
- (c) The UK Data Protection Act 2018;
- (d) Any other applicable data protection, consumer protection, or electronic communications legislation.
25.2. We make no representation that the Service is appropriate or available for use in any particular jurisdiction.
25.3. European Union / European Economic Area Users. If you are located in the EU or EEA and complete a transaction through the Service via Financial Features, you have the right to withdraw from such transaction within fourteen (14) days without giving any reason, in accordance with Directive 2011/83/EU, except where: (a) the service has been fully performed with your prior express consent and acknowledgement that you will lose the right of withdrawal (Article 16(a)); or (b) the transaction relates to goods or services that by their nature cannot be returned or reversed once delivered or consumed. To exercise a withdrawal right where applicable, notify us at legal@splibble.com before the withdrawal period expires. Eligible refunds will be processed within fourteen (14) days using the same payment method used for the original transaction.
25.4. Brazilian Users (LGPD). If you are located in Brazil, the Lei Geral de Proteção de Dados (Law No. 13,709/2018) applies to the processing of your personal data. In addition to the rights set out in our Privacy Policy, you have the right to request a review of decisions made solely on the basis of automated processing that affect your interests, including decisions relating to your personal profile, in accordance with Article 20 of the LGPD. To exercise any rights under the LGPD, please contact our Data Protection Officer at dpo@splibble.com.
26. Dispute Resolution
26.1. In the event of any dispute arising out of or in connection with these Terms or the Service, the parties shall first attempt to resolve the dispute through good-faith negotiation.
26.2. If the dispute is not resolved within thirty (30) days, either party may refer the dispute to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) or an equivalent body.
26.3. If mediation fails within a further thirty (30) days, either party may institute legal proceedings in accordance with Section 21 of these Terms.
26.4. Nothing in this section shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.
26.5. To the maximum extent permitted by applicable law, any claim arising out of or in connection with these Terms or the Service must be commenced within one (1) year after the cause of action arises, failing which such claim shall be permanently barred. This limitation period applies independently of any statutory prescription or limitation period, except where a shorter statutory period applies or where applicable law does not permit contractual shortening of limitation periods.
27. Severability
27.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by any court or tribunal of competent jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.
27.2. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely achieves the economic, legal, and commercial objectives of the invalid or unenforceable provision.
28. Entire Agreement
28.1. These Terms, together with the Privacy Policy, the Financial Services Agreement (where applicable), and any other supplementary terms for specific features, constitute the entire agreement between you and Splibble with respect to the Service.
28.2. These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written, with respect to the subject matter hereof.
29. Waiver
29.1. No failure or delay by Splibble in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof.
29.2. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise of that or any other right, power, or remedy.
30. Assignment
30.1. You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.
30.2. Splibble may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction and without notice to you.
31. Notices
31.1. We may provide notices to you via email to the address associated with your account, via in-app notifications, or by posting notices on the Service.
31.2. Notices sent by email shall be deemed received upon transmission. Notices posted on the Service shall be deemed received upon first access of the Service following posting.
32. Survival
32.1. The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to: Third-Party Relationships (Section 9), Intellectual Property (Section 12), Disclaimer of Warranties (Section 13), Limitation of Liability (Section 14), Indemnification (Section 15), Data Loss (Section 19), Governing Law and Jurisdiction (Section 21), and any accrued rights or obligations.
33. Contact Information
For any questions, concerns, or complaints regarding these Terms, please contact us at:
SmythTec (Pty) Ltd (trading as Splibble)
Email: legal@splibble.com
Website: https://www.splibble.com
By using the Splibble Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.