Terms of Use
1. Agreement and commercial licence
These terms govern access to ChangeControl, the Quesabyte licensing portal, related updates, documentation and support services supplied by Quesabyte IT Solutions (PTY) LTD (Quesabyte). ChangeControl is commercial software, not freeware. Subject to payment and compliance with these terms, Quesabyte grants the customer a limited, non-exclusive, non-transferable, revocable right to use the licensed product for its internal managed-service operations during the applicable subscription or licence term.
2. Customer responsibilities
The customer is responsible for its users, client relationships, service commitments, configuration choices, integrations, data accuracy, backups, lawful processing, security controls, approvals and all activity performed through its account or self-hosted environment. The customer must keep credentials, recovery codes, integration secrets and systems under its control secure, and must promptly revoke access that is no longer authorised.
3. Acceptable use
The customer may not use the product to violate law, infringe rights, distribute malware, gain unauthorised access, interfere with systems, process data without authority, circumvent entitlement controls, reverse engineer except where mandatory law permits, or resell, sublicense or make the product available outside an authorised commercial arrangement. Additional restrictions appear in the Acceptable Use Policy.
4. Services, availability and changes
Quesabyte may improve, maintain, suspend or retire product functions where reasonably necessary for security, legal, operational or commercial reasons. Self-hosted customers remain responsible for their hosting environment and update decisions. Managed-cloud services are subject to the applicable service description and support terms. No feature, integration, availability target, security outcome or regulatory result is guaranteed unless expressly agreed in a signed written agreement.
5. Data, privacy and backups
Each customer retains responsibility for its business and client data. Quesabyte processes portal and service data only as described in the Privacy Notice, Data Processing Addendum and applicable agreement. Customers must maintain appropriate backups and verify restoration procedures. The product is not a substitute for independent backup, disaster recovery, legal, accounting, security or compliance programmes.
6. Intellectual property
Quesabyte and its licensors retain all rights in ChangeControl, documentation, branding, updates, templates and related intellectual property. Feedback may be used by Quesabyte without restriction or compensation, provided Quesabyte does not identify the customer as the source without permission.
7. Fees, suspension and termination
Fees, billing cycles, tax treatment, payment methods, renewal, suspension and licence limits are shown in the applicable order, invoice or customer portal. Quesabyte may suspend or restrict access for non-payment, material breach, security risk or unlawful use, subject to applicable law and the relevant commercial terms. Termination does not remove either party's accrued rights or obligations.
8. Disclaimers and limitation of liability
To the maximum extent permitted by law, the product and related materials are provided on an as-available basis without warranties of uninterrupted operation, merchantability, fitness for a particular purpose, non-infringement, detection of threats, prevention of loss, regulatory compliance or business outcome. Quesabyte is not liable for indirect, consequential, special, punitive or lost-profit damages, loss of data, business interruption, security incidents caused outside Quesabyte's reasonable control, or a customer's use, configuration or failure to operate the product responsibly. Any liability is limited to the fees paid by the customer for the affected service during the twelve months before the event, except where law does not allow that limitation.
9. Indemnity
To the maximum extent permitted by law, the customer will defend, indemnify and hold harmless Quesabyte, its directors, employees and suppliers against third-party claims, losses, liabilities, costs and reasonable legal fees arising from the customer's unlawful use of the product, breach of these terms, breach of client obligations, data-processing decisions, managed-service activities, content, instructions, integrations or unauthorised access attributable to the customer or its users.
10. Governing law and contact
These terms are governed by the laws of the Republic of South Africa, subject to mandatory consumer or data-protection law that applies to the customer. If any provision is unenforceable, the remaining provisions continue. Questions should be sent to support@quesabyte.co.za.