Skip to content
Legal

Terms of Service

The agreement between you and Underpeaks governing your use of the service.

Last updated 1 September 2026

Terms of Service

Effective date: [DATE] Last updated: [DATE]

These Terms of Service ("Terms") govern your use of Underpeaks Studio and related services provided by [LEGAL ENTITY NAME] ("Underpeaks", "we", "us"), a company registered in South Africa with registration number [REG NO].

By creating an account, accessing the service, or clicking to accept these Terms, you agree to be bound by them. If you are entering into these Terms on behalf of a company or other organisation, you confirm that you have authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, do not use the service.

1. Definitions

  • Service — Underpeaks Studio, the hosted platform available at studio.underpeaks.com, including the console, APIs, code generation and related features.
  • Core — Underpeaks Core, our self-hostable open-source software, licensed separately under [LICENCE] [CONFIRM: MIT, Apache 2.0, AGPL, or a source-available licence such as BSL — this choice has real commercial consequences and should be deliberate].
  • CodeGen — our code generation tooling, including the CLI and generator packages.
  • Your Content — data models, schemas, configuration, media, code and other material you upload to or create within the Service.
  • End Users — persons who use applications you build using the Service.
  • Generated Code — application source code produced by the Service from Your Content.

2. The service

2.1 What we provide

Underpeaks provides a headless content management platform that lets you define data models and pages, expose them through APIs, and generate application code for Flutter and Next.js.

2.2 Account registration

You must provide accurate and complete registration information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at [SECURITY EMAIL] if you suspect unauthorised access.

You must be at least 18 years old to use the Service.

2.3 Changes to the service

We may add, modify or remove features. We will give you reasonable advance notice of any change that materially reduces core functionality of a paid plan, and if such a change materially disadvantages you, you may terminate and receive a pro-rata refund of prepaid fees.

3. Plans, fees and payment

3.1 Subscription plans

Paid plans are billed in advance on a monthly or annual basis, as selected at checkout. Prices are displayed in the currency applicable to your billing country.

3.2 Payment providers

  • Customers billed in South African Rand are processed through PayFast.
  • Customers billed in other currencies are processed through Paddle, which acts as the merchant of record. For those transactions, Paddle's terms and refund policies also apply, and your contract for the purchase is with Paddle.

3.3 Taxes

Prices are exclusive of taxes unless stated otherwise. Where Paddle acts as merchant of record, Paddle is responsible for collecting and remitting applicable sales tax and VAT. South African customers will be charged VAT where applicable.

3.4 Renewal and cancellation

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access until then.

3.5 Refunds

[CONFIRM your policy. A common approach for bootstrapped SaaS:] We offer a [14]-day refund on first purchase of a paid plan if you are not satisfied. Beyond that, fees are non-refundable except where required by law or where we materially fail to provide the Service.

3.6 Price changes

We may change prices with at least [30] days' notice. Changes take effect at your next renewal. If you do not accept a price change, you may cancel before it takes effect.

3.7 Non-payment

If payment fails, we may suspend access after reasonable notice and attempts to collect. Accounts suspended for non-payment for more than [30] days may be terminated and their data deleted.

4. Your content and ownership

4.1 You own Your Content

You retain all rights in Your Content. We claim no ownership over it.

4.2 Licence to us

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit and display Your Content solely to the extent necessary to provide the Service to you, and to comply with the law. This licence ends when you delete Your Content or close your account, subject to our retention periods.

4.3 Generated Code

You own the Generated Code produced from Your Content. We assert no copyright over the output of the Service, and you may use, modify, distribute and commercialise it without restriction or attribution.

Generated Code may incorporate portions of our templates and boilerplate. To the extent any such portions are subject to our copyright, we grant you a perpetual, irrevocable, worldwide, royalty-free licence to use them as part of your applications.

[CONFIRM: this is a commercially important clause and a selling point. Make sure it matches your actual intent, particularly regarding the SDK and parts library you plan post-launch.]

4.4 Responsibility for Your Content

You are responsible for Your Content, including its legality and for having all necessary rights and permissions. You represent that Your Content does not infringe any third party's rights.

5. Acceptable use

You must not:

  • use the Service in violation of any law or regulation
  • upload or transmit malware, or attempt to gain unauthorised access to any system
  • probe, scan or test the vulnerability of the Service without our prior written consent
  • interfere with or disrupt the integrity or performance of the Service
  • circumvent rate limits, usage quotas or access controls
  • resell, sublicense or provide the Service to third parties as a standalone product, except as expressly permitted
  • use the Service to store or transmit material that is unlawful, defamatory, harassing, or that infringes intellectual property rights
  • use the Service to send unsolicited bulk communications
  • reverse engineer the hosted Service, except to the extent that restriction is prohibited by law
  • misrepresent your identity or affiliation

We may investigate suspected violations and suspend or terminate access where we reasonably believe a violation has occurred. Where practical and lawful, we will notify you first and give you an opportunity to remedy.

6. Fair use and limits

Plans are subject to the usage limits published at [PRICING URL], including API request rates, storage and project counts. We may apply rate limiting to protect service stability. If your usage substantially exceeds your plan's limits, we will contact you to discuss an appropriate plan rather than cutting you off without notice.

7. Underpeaks Core and licensing

Underpeaks Core is provided under [LICENCE]. Your use of Core is governed by that licence, not these Terms, except that:

  • Where Core requires a commercial licence key issued by us, you must not circumvent, tamper with, or falsify licence validation.
  • Core instances transmit licence and installation identifiers to us for validation. This is described in our Privacy Policy.
  • We may revoke a licence key where these Terms or the applicable licence have been materially breached.

8. Third-party services and integrations

The Service allows you to connect third-party services. Your use of those services is governed by their own terms, and we are not responsible for them. You are responsible for the credentials you provide and for any charges those services levy.

9. Confidentiality

Each party may receive confidential information from the other. Each party will protect the other's confidential information with at least reasonable care, use it only for purposes of these Terms, and not disclose it except to personnel and advisers who need to know and are bound by confidentiality obligations. This does not apply to information that is public, independently developed, or lawfully received from a third party, or where disclosure is legally required.

10. Data protection

Where we process personal information on your behalf, our Data Processing Agreement applies and is incorporated into these Terms. Our handling of personal information as controller is described in our Privacy Policy.

11. Service levels and availability

[CONFIRM: only offer an SLA you can actually meet. Many bootstrapped products launch with no contractual SLA and a published status page instead. If you do offer one, keep the credits modest.]

We aim to provide a reliable service but, except where a separate Service Level Agreement has been agreed in writing, the Service is provided without a contractual uptime commitment. We will use commercially reasonable efforts to minimise downtime and to schedule planned maintenance outside peak hours with advance notice where practical.

12. Warranties and disclaimers

You represent that you will use the Service in compliance with these Terms and applicable law.

Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service is provided "as is" and "as available". We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or that Generated Code will be free of defects or suitable for any particular purpose. You are responsible for reviewing, testing and securing any application you build.

Nothing in these Terms excludes or limits rights you may have under the Consumer Protection Act, 2008 or other law that cannot lawfully be excluded.

13. Limitation of liability

To the maximum extent permitted by law:

  • Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, or business opportunity, however caused.
  • Our total aggregate liability arising out of or relating to these Terms is limited to the greater of (a) the fees you paid us in the 12 months preceding the event giving rise to the claim, or (b) [ZAR 5,000] [CONFIRM].

These limitations do not apply to: your payment obligations; either party's breach of confidentiality; your indemnity obligations; or liability that cannot be limited by law, including death or personal injury caused by negligence, or fraud.

14. Indemnity

You will defend and indemnify us against third-party claims arising from Your Content, your applications, your use of the Service in breach of these Terms, or your violation of law or third-party rights.

We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights, provided you notify us promptly and allow us to control the defence.

15. Suspension and termination

15.1 By you

You may terminate at any time by cancelling your subscription and closing your account.

15.2 By us

We may suspend or terminate your access if:

  • you materially breach these Terms and do not remedy within [14] days of notice
  • you fail to pay fees when due
  • we reasonably believe your use poses a security risk or exposes us to legal liability
  • we are required to do so by law

We may also discontinue the Service entirely on [90] days' notice, in which case we will refund prepaid fees on a pro-rata basis.

15.3 Effect of termination

On termination, your right to use the Service ends. You may export Your Content for [30] days after termination, after which we may delete it in accordance with our retention schedule. Provisions that by their nature should survive — including ownership, confidentiality, disclaimers, limitation of liability and indemnity — survive termination.

16. Changes to these Terms

We may update these Terms. We will give at least [30] days' notice of material changes by email or in-product notice. Continued use after the effective date constitutes acceptance. If you do not accept the changes, you may terminate before they take effect.

17. General

  • Entire agreement. These Terms, together with the Privacy Policy, DPA and any order form, constitute the entire agreement between us.
  • Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
  • Severability. If any provision is held unenforceable, the remainder continues in effect.
  • No waiver. Failure to enforce a provision is not a waiver of it.
  • Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
  • Notices. We will send notices to the email on your account. You should send notices to [LEGAL EMAIL].
  • Governing law. These Terms are governed by the laws of the Republic of South Africa.
  • Jurisdiction. The parties submit to the non-exclusive jurisdiction of the High Court of South Africa, [DIVISION] Division. [CONFIRM: consider whether you want arbitration instead, and note that consumers in some jurisdictions cannot be deprived of their local courts.]

18. Contact

[LEGAL ENTITY NAME] [ADDRESS] Email: [LEGAL EMAIL]