Terms of Service — Browns Digital

1. About Browns Digital

These Terms of Service ("Terms") are the agreement between you and Browns Digital (Pty) Ltd ("Browns Digital", "we", "us", or "our") for use of our websites and services.

Supplier information (Electronic Communications and Transactions Act, 2002, section 43):

• Full name and legal status: Browns Digital (Pty) Ltd, a private company incorporated in the Republic of South Africa
• Registration number: 2026/825587/07
• Director (office bearer): Patrick Robert Brown
• Information Officer: Patrick Robert Brown (registered with the Information Regulator, registration number 2026-070351)
• Physical address for service of legal documents: 35 Zandvliet Crescent, Glen Marais, Kempton Park, 1619, Gauteng, South Africa
• Telephone: +27 77 288 7512
• Email: legal@brownsdigital.org (legal notices), support@brownsdigital.org (support), billing@brownsdigital.org (billing and refunds), security@brownsdigital.org (security), abuse@brownsdigital.org (content reports), info@brownsdigital.org (general)
• Website: https://brownsdigital.org
• VAT: not registered for VAT
• Jurisdiction: Republic of South Africa

Company information: https://brownsdigital.org/policies/company/. Our PAIA Manual is at https://brownsdigital.org/policies/paia/.

"You" means the individual or organisation using the services. If you use the services for an organisation, you confirm you have authority to bind it, and "you" includes that organisation.

2. Acceptance of terms

You accept these Terms by creating an account, signing in, purchasing a plan, or otherwise using any Browns Digital service. If you do not agree, do not use the services.

Before accepting, read sections 15 (Disclaimer of warranties), 16 (Limitation of liability) and 17 (Indemnification). They limit our liability and place certain risks on you. Acceptance must be informed and must satisfy any applicable requirements of section 49 of the Consumer Protection Act, 2008 (CPA).

These Terms incorporate, by reference:

• our Privacy Policy (https://brownsdigital.org/policies/privacy/);
• our Acceptable Use Policy (https://brownsdigital.org/policies/acceptable-use/);
• our Data Processing Addendum (https://brownsdigital.org/policies/dpa/) (where you use Studio hosting to process personal information of others); and
• our AI Policy (https://brownsdigital.org/policies/ai/) (where AI features apply).

Plan descriptions and prices shown at checkout form part of your agreement for paid services.

3. Eligibility and parental consent

• Users must be 13 or older.
• Users aged 13 to 17 may use Studio only with a parent or guardian's consent. The parent or guardian agrees to these Terms on the user's behalf and is responsible for the account.
• Paid plans may be purchased by users aged 18 or older, or a parent or guardian must make the purchase and be responsible for it.
• By creating an account, you confirm you are 13 or older and, if under 18, that your parent or guardian agrees.
• If we learn that a user is under 13, or that a user under 18 does not have the required consent, we may close the account and delete the user's information as described in the Privacy Policy (https://brownsdigital.org/policies/privacy/).

You may not use the services if you are barred from doing so under applicable law, or if we have previously terminated your account for breach.

4. Description of services

Browns Digital provides a small software-as-a-service platform for building, hosting, and managing websites, together with related account, help, and status surfaces. One account typically covers the services below.

We may add, change, or retire features as the platform evolves. Where a change materially reduces a paid entitlement, section 20 (Changes) applies.

Custom development and agency projects (for example a website or system we build specifically for a client) are not governed by these Terms. They are governed by a separate signed services agreement with that client.

5. Accounts and security

• Registration details must be accurate and kept current. The email on your account is our primary channel for notices.
• You are responsible for activity under your account. Keep credentials confidential. Supabase handles account authentication. The account interface includes password sign-in, Google and GitHub sign-in, passkey and authenticator options; availability depends on the configured authentication method. Enable available protections.
• Tell us promptly at security@brownsdigital.org if you suspect unauthorised access. Contact support if you need sessions revoked; simply closing a browser or clearing its storage does not revoke sessions on other devices.
• Do not sell, transfer, or share account credentials, or impersonate another person or entity.
• We may reclaim usernames that infringe trademarks, impersonate others, or remain inactive for extended periods, with notice where practical.

6. Third-party platforms and integrations

Parts of the services rely on third parties, including payment processing, authentication providers, hosting infrastructure, email delivery, and optional community channels such as Discord.

• Their terms and privacy practices apply to your use of those platforms.
• We are not responsible for outages or acts of third parties beyond our reasonable control, except as required by law that cannot be excluded.
• Optional OAuth sign-in (for example Google or GitHub) shares limited profile information with us as described in the Privacy Policy.
• Community spaces (including Discord) are subject to those platforms' rules and our Acceptable Use Policy.

7. Acceptable use

You must use the services and any hosted sites in accordance with our Acceptable Use Policy (https://brownsdigital.org/policies/acceptable-use/). That policy forms part of these Terms and covers legal compliance, prohibited content, security abuse, spam, and fair use of shared resources.

We may remove content, suspend features, or suspend or terminate accounts for violations, as described in section 18 and the Acceptable Use Policy.

8. Your content and hosted sites

8.1 Ownership

You own the sites, pages, text, images, and other material you upload or create using the services ("Your Content"). These Terms do not transfer ownership of Your Content to us.

The Studio platform software, templates, themes, components, design system, and Browns Digital marks remain ours or our licensors' property. Generated site files are distinct from the platform source code. Where your plan supplies an export, you may use the exported site under section 9.1. AI-assisted material forms part of Your Content to the extent rights can arise in it; no exclusive rights or originality are promised.

8.2 Licence to us

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, and display Your Content solely to operate the services (including serving published sites, backups, previews, and support when you ask us to investigate an issue). The licence ends when you delete the content or your account, except for the retention and backup periods in the Privacy Policy and any retention required by law. Copies others have lawfully obtained are outside our control.

8.3 Your responsibility

You warrant that you have the rights needed to publish Your Content and that it complies with these Terms and the Acceptable Use Policy. If your site collects personal information from visitors, you are typically the responsible party under POPIA and must provide an appropriate privacy notice. See the Privacy Policy and Data Processing Addendum.

8.4 Hosting and domains

• Published Studio sites are served from our hosting infrastructure at a Studio site address or a custom domain you connect. Custom domains require DNS and certificate provisioning; an interface status alone is not a guarantee that a domain is ready.
• You must own or control any custom domain you connect. Domain registration and your registrar relationship remain between you and your registrar.
• Hosting is subject to disclosed plan entitlements, shared-resource fair use and request limits. No unlimited storage or bandwidth is promised. See the Acceptable Use Policy.
• Keep independent copies of material you care about. Hosting is not a personal archive or a guaranteed individual restore service. Backup arrangements and retention are described in the Privacy Policy.

9. Intellectual property and take-downs (ECTA)

9.1 Our intellectual property

The platform, documentation, templates and Browns Digital marks are ours or licensed to us. We grant you a non-exclusive licence to use them through the services, and to use template and component code included in site files produced by an export feature supplied with your plan. You may host, modify and use those site files for your own or your clients' sites. This does not transfer ownership of the Studio platform or allow resale of the platform or our templates as a competing standalone product. Third-party assets and open-source components remain subject to their own licences. Restrictions do not override rights the law or a third-party licence gives you.

9.2 Reports and take-down notices

We host user content and do not pre-screen everything published. To report content on a hosted site:

• Email abuse@brownsdigital.org with the URL, the specific material, and the grounds (for example copyright infringement, defamation, or a breach of the Acceptable Use Policy).
• A formal ECTA section 77 notice must include the complainant's full name and address, a written or electronic signature, identification of the right allegedly infringed, identification of the material or activity and where it is located, the requested remedy, contact details, a statement of good faith, and a statement that the information is true and correct to the complainant's knowledge.
• We assess reports and may remove or disable access, seek clarification, and notify the site owner unless law or urgent safety concerns prevent this. Response speed depends on seriousness and the information provided; there is no guaranteed five-business-day removal outcome. An affected owner may request human review through support@brownsdigital.org. We do not automatically restore disputed material merely because an owner objects.
• Knowingly false reports may breach these Terms, the Acceptable Use Policy, and ECTA section 77(2).

This is our procedure for handling content reports and formal ECTA notices.

10. Fees, billing, and refunds

10.1 Plans

Studio has Draft (free), Build, Forge and Architect plans. Paid plans support monthly and yearly billing where available at checkout. Plan entitlements, credit allowances, export access and the full price are shown before purchase and form part of your agreement. AI usage draws on plan credits and, where bought, top-ups. Credits are service-use units, not money, and do not remove plan or rate limits. A yearly subscription does not imply unlimited AI usage.

10.2 Payments

• Payments are processed by Paystack in South African Rand (ZAR) unless stated otherwise. We do not receive your full card number.
• Choose monthly or yearly billing before payment. Monthly plans renew monthly until cancelled. Turning off renewal in My Account stops the next charge; contact billing@brownsdigital.org if the control fails. You retain access for the period already paid for, subject to lawful suspension rights.
• Where CPA section 14 applies to a yearly fixed-term agreement, you may cancel early on 20 business days' written notice, subject only to a reasonable cancellation charge allowed by law. We give expiry notice 40 to 80 business days before the end, explaining material changes and options. Unless you choose renewal or termination, it continues month to month after expiry. We must not charge a fresh yearly term automatically contrary to that right. Where section 14 does not apply, renewal follows the interval and authorisation disclosed at checkout.
• Prices may change. Existing subscribers receive at least 30 days' email notice before a price change applies to their renewal.
• Failed payment is recorded against the subscription. Payment-provider retries and subscription events may follow. We may restrict paid features or downgrade when the paid entitlement ends, with notice and an opportunity to remedy where law requires. No fixed 14-day failed-payment grace period is promised. Content retention follows section 10 of the Privacy Policy.
• Browns Digital (Pty) Ltd is not registered for VAT. No VAT is charged and prices shown are the full amount payable. If we register for VAT, we will give at least 30 days' email notice of how prices change.

10.3 Refunds and cooling-off

At checkout you agree to the service starting immediately once payment is made: Your plan starts immediately once payment is made. You agree to this and understand the 7-day refund rules in our Terms.

• Voluntary 7-day refund: for a first purchase of a new paid plan, request a full refund at billing@brownsdigital.org within 7 calendar days of payment. This does not cover renewals or a later plan purchase after an earlier voluntary refund. Report duplicate or unauthorised charges promptly; the 7-day period does not extinguish a statutory right.
• ECTA section 44 provides a 7-day cooling-off period where it applies. Our 7-day new-plan refund covers eligible new-plan purchases during that period. Your statutory rights apply independently of the eligibility limits or starting date of our voluntary refund.
• Apart from the listed voluntary case, we do not offer discretionary refunds after 7 days, or for unused credits, part-used periods, a change of mind on renewal, or failure to cancel. Specific pro-rata remedies promised elsewhere in these Terms or the DPA still apply.
• Statutory rights prevail: nothing here limits any non-excludable right under the CPA, ECTA or other law. Agreeing to immediate service does not waive a non-excludable refund or cooling-off right. CPA remedies for defective services and section 14 cancellation rights are not limited to 7 days. Where ECTA requires repayment within 30 days of cancellation, we comply.

11. Hosted content, data, and privacy roles

For your Browns Digital account, billing, and platform use, we are typically the responsible party under POPIA, as described in the Privacy Policy.

For personal information of visitors or end users collected through sites you publish on Studio, you are typically the responsible party, and we act as an operator for hosting that data under the Data Processing Addendum.

We do not sell personal information. Use of AI features is governed by the AI Policy (https://brownsdigital.org/policies/ai/).

12. Beta and experimental features

Features marked beta, preview, or experimental are provided for evaluation. They may change, break, or be withdrawn without notice, may have additional limits, and are excluded from any availability commitments unless expressly stated.

13. Feedback

If you send ideas, suggestions, or bug reports, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or compensation. Suggesting a feature does not entitle you to free access to a paid product.

14. Availability and support

• We aim for high availability, but the services are provided without a formal uptime guarantee unless your plan expressly states one.
• Live status and incident history are at https://status.brownsdigital.org.
• Planned maintenance that we expect to be disruptive is announced on the status page in advance where reasonably possible.
• Support is provided via https://help.brownsdigital.org and support@brownsdigital.org, on a reasonable-efforts basis during South African business hours.

15. Disclaimer of warranties

Important: this section limits the promises we make about the services and places some risk on you. Please read it carefully.

To the maximum extent permitted by law, the services are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or secure, or that user-hosted content is accurate or lawful.

Nothing in this section limits rights you have under the CPA (including sections 54, 55 and 56 where they apply) or other law that cannot be excluded.

16. Limitation of liability

Important: this section limits our liability to you. Please read it carefully.

• To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising from or related to the services.
• To the maximum extent permitted by law, our total aggregate liability arising from the services, including the DPA, is limited to the greater of (a) the fees you paid us in the 12 months immediately before the event giving rise to the claim, or (b) R500. Claims arising from the same or related events do not create additional caps.
• Nothing in these Terms excludes or limits liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by our negligence, or any liability that cannot lawfully be excluded or limited, including rights under the CPA where it applies to you.
• We are not responsible for content published by users on their hosted sites; section 9 is the primary mechanism for addressing it.

17. Indemnification

Important: this section places risk on you. You may have to cover our costs if third parties make claims because of your content or conduct. Please read it carefully.

You will indemnify and hold us harmless from third-party claims, damages, and reasonable legal costs arising from: (a) Your Content or the sites you publish; (b) your breach of these Terms or the Acceptable Use Policy; or (c) your violation of law or third-party rights. This does not apply to the extent a claim is caused by our own breach, negligence or misconduct. We will notify you of any such claim and may participate in the defence with counsel of our choosing. This clause applies only to the extent permitted by law, including the CPA where it governs your use.

18. Suspension and termination

18.1 By you

You may stop using the services and request account deletion at any time by emailing support@brownsdigital.org. We verify that the request comes from the account owner, or verify the authority of a parent or guardian entitled to act for a child, before confirming it. Our confirmed, ownership-verified request starts the 30-day grace/export period described in section 10 of the Privacy Policy. You may withdraw the request through support during that period. Support and operations handle deletion. Backups are kept by our hosting and database providers and are overwritten in their normal cycle, within 60 days. The 60-day period runs from primary deletion. Keep a copy of content you need before deletion.

18.2 By us

• For breach or non-payment: we may suspend or terminate accounts, remove content, or restrict features. For most violations, and for non-payment, we notify you and, where reasonable, give you a chance to fix the issue first. For severe violations (illegal content, security attacks, child sexual abuse material, active fraud) or where the law requires it, we may act immediately.
• Appeals: reply to the notice or use Help (https://help.brownsdigital.org); a human reviews every appeal.
• Discontinuation: if we discontinue a service entirely, paid subscribers receive at least 60 days' notice and a pro-rata refund of prepaid unused fees, and export remains available through the notice period where reasonably practicable.

18.3 Effect

On termination your licence to use the services ends and published sites under the account go offline. You have 30 days to export Your Content before it is deleted, as set out in section 10 of the Privacy Policy, except where prompt removal of an account ineligible under section 3 or another legal requirement requires earlier deletion. Amounts already due remain payable. Provisions that by nature should survive (including intellectual property, feedback, warranties, liability, indemnity, governing law, and general terms) continue to apply.

19. Governing law and disputes

• These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law rules.
• Before formal proceedings, both parties should try to resolve disputes informally: email legal@brownsdigital.org with details. We allow up to 30 days for this, without restricting urgent relief or any statutory deadline or complaint right.
• Unresolved disputes are subject to the jurisdiction of the courts of South Africa, and the High Court of South Africa, Gauteng Local Division, Johannesburg, has jurisdiction. We may also use a Magistrate's Court that has jurisdiction. If the CPA applies to you, nothing here limits your right to approach the National Consumer Commission, a consumer court, an ombud, or any other forum the CPA allows.

20. Changes to these Terms

These Terms first take effect on 7 November 2026 and apply when you accept them. For future material changes affecting existing users, we give those users at least 14 days' prior email notice and, where practical, notice at https://status.brownsdigital.org before the changes take effect. The "Last updated" and "Effective date" lines identify the current revision.

If you do not agree with a change, stop using the services and, for paid plans, contact billing@brownsdigital.org about a pro-rata refund of any prepaid period materially affected. Continued use after the effective date is acceptance.

21. General

• Entire agreement. These Terms, the Privacy Policy, Acceptable Use Policy, Data Processing Addendum (where applicable), AI Policy (where applicable), and plan-specific terms at purchase are the entire agreement regarding the services. Custom development and agency projects are governed by a separate signed services agreement.
• Severability. If any provision is unlawful or unenforceable, it is severed or read down to the extent needed, and the rest remain in effect.
• Your statutory rights. Nothing in these Terms limits any right you have under the CPA, ECTA, POPIA or other law that cannot be excluded. Where a clause conflicts with such a right, the right applies.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, with notice to you.
• Force majeure. Neither party is liable for delays caused by events beyond reasonable control (including power or network failures, load shedding, natural disasters, or acts of government), except payment obligations.
• Notices. We send notices to your account email. You send notices to legal@brownsdigital.org. Legal documents may be served at our physical address in section 1.