Terms of Service

Effective date: 08 July 2026 • Governing law: South Africa

Working draft - not yet in final legal form. These terms have been prepared as a starting point and must be reviewed by a qualified South African attorney before being relied upon for paid-tier transactions.

1. Definitions

"Nel404 Labs", "we", "us" means the sole proprietorship trading as Nel404 Labs, operated by JP, based in Pretoria, Gauteng, South Africa.

"Service" means the Nel404 Health platform accessible at health.nel404labs.co.za, including all scans, reports, APIs, and scheduled features provided thereunder.

"User", "you" means any individual or entity that accesses or uses the Service.

"Report" means the technical analysis document generated by the Service for a submitted URL.

"Subscription" means a recurring billing arrangement (monthly or annual) for access to paid features.

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms of Service and our Privacy Notice. If you do not agree, do not use the Service.

3. Subscription Terms

Billing cycles: Monthly subscriptions are billed on the same calendar day each month. Annual subscriptions are billed once per year on the anniversary of the initial purchase date.

Auto-renewal: Subscriptions renew automatically at the end of each billing cycle unless cancelled. You authorise us to charge your payment method on record via PayFast for each renewal.

Cancellation: You may cancel at any time by emailing hello@nel404labs.co.za. Cancellation takes effect at the end of the current billing period. You will not be charged for the next cycle.

Price changes: We will give you at least 30 days' notice of any price increase before it applies to your subscription.

Refunds: See the Refund Policy.

4. Acceptable Use

You agree that you will only submit URLs for websites that you own, manage, or have explicit written permission to scan. You must not use the Service to:

  • Scan websites without the authorisation of the site owner
  • Conduct denial-of-service testing, penetration testing, or any destructive activity
  • Circumvent rate limits or submit automated high-volume requests outside of approved API access
  • Resell or sublicense access to the Service without written agreement from Nel404 Labs
  • Use the Service for any unlawful purpose under South African law

We reserve the right to suspend or terminate accounts that violate this policy without notice.

5. Service Level

Free tier: Provided on a best-effort basis. No uptime guarantee. May be rate-limited or withdrawn at any time.

Paid tiers: We target 99% monthly uptime, measured as scan availability. Planned maintenance windows will be announced at least 24 hours in advance via email or the homepage. This is a target, not a contractual SLA. Downtime does not entitle you to a refund beyond the Refund Policy terms.

Reports are point-in-time technical observations generated by automated tools. They are not an exhaustive security audit and do not constitute professional advice.

6. Intellectual Property

The Service, its codebase, visual design, and all accompanying content are the intellectual property of Nel404 Labs. Report data generated for your submitted URLs belongs to you. We do not claim ownership over your URLs or website content.

7. Limitation of Liability

To the maximum extent permitted by South African law, Nel404 Labs' total aggregate liability to you for any claim arising from or related to the Service shall not exceed the total amount paid by you in the three (3) months immediately preceding the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of data, or loss of business, even if we have been advised of the possibility of such damages.

The Service does not guarantee that your website will achieve any particular score, ranking, or performance outcome as a result of acting on Report recommendations.

8. Privacy and POPIA

We are committed to processing your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Our full data practices are described in the Privacy Notice, which forms part of these Terms.

9. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated by email to registered users at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

10. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Gauteng, South Africa.

11. Contact

Nel404 Labs
Pretoria, Gauteng, South Africa
Email: hello@nel404labs.co.za

⚠ Draft notice: This is a working draft. JP must review and revise these terms with a qualified South African attorney before activating paid tiers at scale. Particular attention needed on: consumer protection (CPA), VAT status, and B2B vs B2C distinctions.