Legal

Terms of Use

These terms are the agreement between you and Erongo Software when you use our website, engage our professional services, or use our products. They are written in plain language to ensure clear and transparent terms for our users.

Effective: 27 September 2026 Operator: Marthinus Spangenberg (Erongo Software) Contact: [email protected]

1. Who we are

Erongo Software is Marthinus Spangenberg, a software developer based in Walvis Bay, Namibia, registered with the Walvis Bay City Council for the delivery of professional services (registration no. 2025/0718). Where these terms say "we", "us" or "Erongo", they mean that operator.

2. What these terms cover

Three things:

  1. The website: erongo.net and the pages served from it, including the "Scope a project" wizard. The wizard runs entirely in your browser: what you type into it is not sent to us unless you send it to us yourself.
  2. Professional services: consultation, software development, integration and automation work. For any specific engagement we will confirm scope, timeline, fees and acceptance criteria in a written statement of work or quote; where it exists, that document prevails over these general terms.
  3. Products: our software products (today: OMS and QR Codes), currently in beta and subject to the beta terms in section 5.

By using any of the above you accept these terms. If you do not accept them, please do not use the service.

3. Accounts

  • You are responsible for the credentials of your account and for keeping them confidential. Tell us promptly if you suspect unauthorised access.
  • An organisation workspace may have several members. As the owner you are responsible for what members do with their access, and for the roles you assign them.
  • You must be old enough and legally able to enter into a contract. We do not provide services to minors.

4. Acceptable use

When using our services you must not, and must not help anyone else to:

  • break the law, or use the services for anything illegal or fraudulent;
  • use QR codes, short links, or any other feature to deliver phishing, malware, scams, or other harmful content. A QR code is just a pointer, and abuse of it is your responsibility. We will suspend accounts that do this;
  • infringe anyone's intellectual property or privacy rights;
  • send unsolicited bulk communications (spam) through any feature of the services, in breach of Namibia's Electronic Transactions Act 4 of 2019;
  • probe, load-test, or otherwise attack the services, or interfere with other users' use of them;
  • reverse-engineer, resell, or strip identifiers from the software, except where the law expressly allows it.

We may suspend or terminate accounts that breach this section, and we will tell you the reason where we can.

5. Beta terms (products)

Our products are in beta. That means, honestly:

  • No availability guarantee. We work hard on reliability, but we do not promise an uptime percentage while in beta, and there is no service-level agreement.
  • Things will change. Features may change, be added, or be removed without individual notice: the product page and changelog are the source of truth.
  • Your data is yours. You keep all rights to the content you put into the services. We only get the right to store and process it to operate the service for you.
  • If you stop using a product (or we discontinue it), you have 30 days to export your data, after which it is permanently deleted per the retention schedule in our Privacy Policy.
  • Feedback. If you suggest an improvement, you give us a free, irrevocable licence to use that idea; you keep ownership of anything else you send.

6. Payments (when they start)

Today our products are free during beta. When we introduce paid plans:

  • pricing, what each plan includes, and renewal terms will be published in advance and shown to you before you pay;
  • you may cancel; the effect on any period already paid will be stated at the point of sale;
  • your consumer rights under applicable Namibian law, including the Electronic Transactions Act 4 of 2019 (the right to plain-language contracts and protection against unfair terms among them), are not affected by anything in these terms.

Professional services are invoiced per the applicable quote or statement of work.

7. Intellectual property

The software, design, and content of the services are ours (or licensed to us) and remain protected. Nothing in these terms gives you rights in them other than the limited right to use the services as described. Your content stays yours, as covered by the beta terms above.

8. Warranties

We warrant that the services will be performed with reasonable care and skill. Apart from that warranty, the express warranties in these terms, and the rights you cannot exclude under Namibian law, the services are provided as they are, without any other warranty of any kind, including implied warranties of merchantability or fitness for a particular purpose, which we exclude to the maximum extent the law allows.

9. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that Namibian law says cannot be limited. Within that limit:

  • we are not liable for indirect or consequential losses, or for loss of profits, revenue, data, or business opportunity, even where we knew those could happen;
  • our total liability for anything arising out of the services is capped at the fees you paid us in the three months before the claim, or, if you have not paid anything (for example during beta), at a nominal amount.

10. Suspension and termination

We may suspend a service immediately where we reasonably believe it is necessary for security, legal compliance, or serious misuse. You may stop using the services at any time. On termination, the 30-day export window in section 5 applies, and we will continue to meet our confidentiality and data-protection obligations after that.

11. Confidentiality

What you tell us in confidence stays confidential. We keep your personal information as described in the Privacy Policy, and we will not disclose business information you share with us except as needed to serve you, by your instruction, or where the law requires it.

12. Law and courts

These terms are governed by the laws of the Republic of Namibia. Disputes are subject to the courts of Namibia. But before you spend money on lawyers, try talking to us, because most problems are faster to fix over email: [email protected].

13. Changes to these terms

We may update these terms as the services change. Material changes will be posted here with a new "effective" date and, for service users, notified by email before they take effect. Continued use after a change means you accept the updated terms.

14. Contact

Erongo Software - Marthinus Spangenberg
Walvis Bay, Namibia
Email: [email protected]