1. Acceptance of Terms
By accessing or using the KTH Tech website, platforms, or services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use our Services.
These Terms constitute a legally binding agreement between you ("User", "you") and KTH Tech (Pty) Ltd ("KTH Tech", "we", "us", or "our"), a company registered in the Republic of South Africa, based in Pretoria.
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this binding agreement.
2. Services Description
KTH Tech provides enterprise technology consulting, platform development, AI-powered solutions, and project delivery services through four core hubs:
- THINKR™ — AI-powered intelligence, strategic advisory, and data-driven insights
- BUILDR™ — Platform engineering, custom software development, and system architecture
- DELIVR™ — Large-scale project delivery, programme management, and operational execution
Our website provides information about our services, capabilities, and portfolio. Interactive demonstrations and previews on the website are for illustrative purposes and may not represent the full functionality of our production platforms.
Service scope, deliverables, timelines, and commercial terms for specific engagements are governed by separate client agreements executed between the parties.
3. Intellectual Property
All content, designs, code, platforms, documentation, branding, logos, and materials available on the KTH Tech website and through our Services are the exclusive intellectual property of KTH Tech (Pty) Ltd, unless otherwise stated.
Trademarks: THINKR™, BUILDR™, and DELIVR™ are trademarks of KTH Tech (Pty) Ltd. You may not use these trademarks without our prior written permission. All other trademarks, service marks, and trade names referenced on our website are the property of their respective owners.
Licence grant: KTH Tech grants you a limited, non-exclusive, non-transferable, revocable licence to access and view the content on our website for personal, non-commercial purposes. This licence does not include the right to:
- Reproduce, distribute, modify, or create derivative works from any content
- Publicly display or perform any content for commercial purposes
- Use any data mining, robots, or similar data-gathering methods
- Download or copy any content except as expressly permitted
Client-specific deliverables and intellectual property ownership are governed by the applicable client engagement agreement.
4. User Obligations
When using our website and platforms, you agree to:
- Use the Services only for lawful purposes and in compliance with all applicable laws and regulations
- Provide accurate and truthful information when submitting forms or communicating with us
- Respect the intellectual property rights of KTH Tech and third parties
Prohibited activities: You may not:
- Use the Services for any unlawful purpose or in violation of any applicable laws
- Attempt to gain unauthorised access to any part of our systems, networks, or data
- Introduce malicious software, viruses, or harmful code
- Interfere with or disrupt the integrity or performance of our Services
- Scrape, harvest, or extract data from our website without written permission
- Misrepresent your identity or affiliation with any person or entity
- Use our Services to send unsolicited communications or spam
- Attempt to reverse-engineer, decompile, or disassemble any software or technology used in our Services
- Use our Services in any manner that could damage, disable, or impair our infrastructure
KTH Tech reserves the right to restrict or terminate access to any user who violates these provisions, without prior notice and without liability.
5. Confidentiality
KTH Tech treats all client information, project details, business strategies, and proprietary data shared during the course of an engagement as strictly confidential.
We will not disclose confidential information to any third party without the client's prior written consent, except where required by law or regulation. Our confidentiality obligations survive the termination of any engagement.
6. Disclaimers
To the maximum extent permitted by South African law:
- KTH Tech provides its website and publicly available content on an "as is" and "as available" basis, without warranties of any kind, whether express or implied
- We make no representations or warranties regarding the accuracy, completeness, reliability, or availability of any content on our website
- We do not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components
- Any reliance you place on information provided on our website is at your own risk
- We disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement
Interactive demonstrations and previews on the website use simulated data and do not represent actual project data or guaranteed functionality.
7. Limitation of Liability
To the maximum extent permitted by South African law:
- KTH Tech shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or Services, including but not limited to loss of profits, data, business opportunity, or goodwill
- Our total aggregate liability for any claim arising from these Terms or your use of the website shall not exceed the greater of: (a) the fees paid by you (if any) for the specific service giving rise to the claim in the 12 months preceding the claim, or (b) R1,000 (one thousand South African Rand)
- We shall not be liable for any damages arising from events beyond our reasonable control, including but not limited to system failures, internet connectivity issues, or third-party service disruptions
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under South African law, including liability for fraud, gross negligence, or wilful misconduct.
8. Indemnification
You agree to indemnify, defend, and hold harmless KTH Tech (Pty) Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your use of or access to our Services
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third-party rights, including intellectual property rights
- Any content or information you submit or transmit through our Services
This indemnification obligation shall survive the termination of these Terms and your use of our Services.
9. Termination
Grounds for termination: KTH Tech may suspend or terminate your access to our website or Services at any time, without prior notice, if:
- You breach any provision of these Terms
- We reasonably believe such action is necessary to protect our interests, other users, or the integrity of our platforms
- We are required to do so by law or regulation
- We discontinue or materially modify our Services
Effect of termination: Upon termination:
- Your right to access and use our Services will immediately cease
- All provisions of these Terms that by their nature should survive will remain in effect, including intellectual property, confidentiality, limitation of liability, indemnification, and governing law
- KTH Tech shall not be liable to you for any termination of access to our Services
For contracted engagements, termination provisions are governed by the applicable client agreement.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any legal proceedings arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Pretoria, South Africa.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
11. Dispute Resolution
In the event of any dispute arising from or in connection with these Terms, the parties agree to the following escalation process:
- Step 1 — Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation within fourteen (14) days of written notice of the dispute.
- Step 2 — Mediation: If negotiation fails, the parties agree to submit the dispute to mediation conducted in Pretoria, South Africa, in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) or a mutually agreed mediator.
- Step 3 — Arbitration or Litigation: If mediation fails to resolve the dispute within thirty (30) days, either party may refer the matter to binding arbitration in accordance with the Arbitration Act, 1965 (Act 42 of 1965), conducted in Pretoria, South Africa, or institute legal proceedings in the courts of Pretoria.
The language of all proceedings shall be English. Each party shall bear its own costs in mediation, with the costs of arbitration shared equally unless the arbitrator determines otherwise.
12. Force Majeure
KTH Tech shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control ("Force Majeure Event"), including but not limited to:
- Natural disasters, epidemics, or pandemics
- War, terrorism, civil unrest, or government action
- Power outages, internet or telecommunications failures
- Cyberattacks, system failures, or third-party service disruptions
- Labour disputes or strikes
- Changes in applicable law or regulation
In the event of a Force Majeure Event, the affected party shall notify the other party as soon as reasonably practicable and use reasonable efforts to mitigate the impact of the event.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and KTH Tech with respect to your use of our website and publicly available Services. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and KTH Tech regarding the subject matter herein.
For contracted client engagements, these Terms are supplemented by (and where conflicting, subordinate to) the applicable client engagement agreement.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to exercise or enforce any right under these Terms shall not constitute a waiver of that right.
15. Contact Information
For any questions or concerns regarding these Terms of Service, please contact us:
KTH Tech (Pty) Ltd
Email: enterprise@kth-tech.com
Location: Pretoria, South Africa
Last updated: June 2026