1. Agreement to terms
These Terms of Service (“Terms”) form a binding agreement between you or the entity you represent (“Customer”, “you”) and CremaIQ (“we”, “us”, “our”). By accessing or using CremaIQ, requesting a quote, or entering into an order or statement of work with us, you agree to these Terms. If you do not agree, do not use the service.
2. Definitions
- “Service” means the CremaIQ software — including coffee-quality and water monitoring, SOPs, attendance, shift scheduling, ticketing, reporting and WhatsApp messaging — together with any hosting, configuration, onboarding and support we provide.
- “Customer Data” means all data, content and materials you or your users submit to or create within the Service, including staff and operational records and machine/water telemetry associated with your account.
- “Order” means a quote, order form or statement of work referencing these Terms.
- “Users” means individuals you authorise to use the Service, such as your owners, managers and baristas.
3. The service
CremaIQ provides a coffee-operations platform that monitors espresso extraction quality and water performance, runs standard operating procedures, tracks staff attendance and shifts, manages tickets, generates health reports, and delivers notifications over WhatsApp. We may improve, modify or add features over time. We will not materially reduce core functionality of a paid Service during a subscription term without notice.
4. Accounts & registration
You are responsible for maintaining the confidentiality of account credentials and for all activity under your accounts. You must provide accurate information, keep it up to date, and notify us promptly of any unauthorised use. You are responsible for your Users' compliance with these Terms.
5. Acceptable use
You agree not to, and not to permit any User to:
- use the Service in violation of any applicable law or third-party rights;
- upload malware or attempt to gain unauthorised access to the Service or its systems;
- interfere with or disrupt the integrity or performance of the Service;
- use the WhatsApp messaging features to send unlawful, unsolicited or abusive content;
- reverse engineer or copy the Service except to the extent permitted by law; or
- resell or provide the Service to third parties except as expressly permitted in an Order.
6. Customer data & ownership
You own your Customer Data. You grant us a limited, non-exclusive licence to host, process and transmit Customer Data solely to provide and support the Service and as instructed by you. You are responsible for the accuracy and legality of Customer Data and for having the necessary rights and consents — including from your staff — to provide it to us and to have it processed as described in our Privacy Policy.
7. Our intellectual property
The Service, including its software, design, and trademarks, is and remains our property or that of our licensors. Except for the rights expressly granted to you in an Order, no rights are transferred. Feedback you provide may be used by us without restriction to improve the Service.
8. Quotes, fees & payment
Pricing for onboarding, hosting and support is provided on a quotation basis via an Order. Unless an Order states otherwise, fees are exclusive of VAT and other taxes, invoiced as set out in the Order, and payable within the stated terms. Late amounts may accrue interest at the maximum rate permitted by law. Fees are non-refundable except where required by law or expressly stated.
9. Third-party components
CremaIQ integrates third-party services and open-source components — for example espresso-machine telemetry and water-monitoring data sources, the WhatsApp messaging channel, and AI language models used to triage messages. Your use of those components through the Service is subject to the applicable third-party terms, which do not diminish your rights under these Terms.
10. Data protection
Our processing of personal information is described in our Privacy Policy, which forms part of these Terms. Where we process personal information contained in Customer Data on your behalf — including your staff's names, phone numbers and attendance records — we act as an Operator (POPIA) / Processor (GDPR), processing such information only on your documented instructions and applying appropriate security safeguards. Where required, the parties will enter into a data-processing agreement.
11. Warranties & disclaimers
We warrant that we will provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided “as is” and “as available”, and to the maximum extent permitted by law we disclaim all other warranties, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, nor that alerts and reports will detect every issue — they support, but do not replace, your own operational judgement and equipment maintenance. Nothing in these Terms excludes any warranty or right that cannot be excluded under applicable law, including the South African Consumer Protection Act where it applies.
12. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total aggregate liability arising out of or related to the Service will not exceed the fees paid or payable by you to us for the Service in the twelve (12) months preceding the event giving rise to the claim. These limits do not apply to liability that cannot be limited by law, or to a party's liability for fraud, wilful misconduct, or infringement of the other party's intellectual property.
13. Indemnity
You will indemnify and hold us harmless from claims, losses and expenses arising from your Customer Data or your use of the Service in breach of these Terms or applicable law, except to the extent caused by our own breach or negligence.
14. Term & termination
These Terms apply while you use the Service or for the term set out in an Order. Either party may terminate for material breach not cured within 30 days of written notice. On termination, your right to use the Service ends, and we will, on request and within a reasonable period, make Customer Data available for export or delete it in accordance with our Privacy Policy and any Order. Provisions that by their nature should survive termination will survive.
15. Governing law & disputes
These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles. The parties submit to the non-exclusive jurisdiction of the South African courts. The parties will attempt to resolve disputes in good faith before commencing proceedings.
16. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, notify you. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
17. Contact
Questions about these Terms? Email us at hello@cremaiq.com.
These Terms are provided for transparency and do not constitute legal advice. See also our Privacy Policy.