Terms of Service

1. Overview

These Terms of Service ("Terms") govern your use of the services provided by CapeClaw ("we," "us," or "our"), including remote and in-person OpenClaw installation, configuration, and post-deployment support (collectively, the "Services"). By purchasing or using our Services, you ("Customer" or "you") agree to be bound by these Terms.

2. Services Provided

CapeClaw provides:

• Remote or in-person (Cape Town metro) installation and configuration of the open-source OpenClaw software on customer-provided or CapeClaw-procured VPS infrastructure.
• Security hardening, integration setup, and workflow configuration.
• 14-day hypercare period following implementation for issues directly related to the setup performed.
• Optional ongoing Managed Care plans for monitoring, updates, and continued support (billed monthly, subject to plan terms).

Remote services are available South Africa-wide and across Africa. In-person services are currently available in the Cape Town metro by request. We reserve the right to modify the scope, pricing, and availability of Services at any time.

3. Payment & Refunds

Implementation fees are one-time charges. Managed Care fees are recurring monthly charges. Prices are listed on our website in ZAR and are subject to change. Implementation fees are non-refundable once the deployment has been completed. If you cancel before the scheduled appointment, we will issue a full refund. Managed Care plans may be cancelled with 30 days written notice. If we are unable to complete the setup due to circumstances within our control, we will reschedule at no additional cost or issue a full refund at your request. Payments are processed via Stripe.

4. Customer Responsibilities

• Backups: You are solely responsible for backing up all data, files, and configurations on your systems before any deployment. CapeClaw is not responsible for any data loss that may occur during or after setup.
• Access: You must provide timely access to necessary credentials, network access, and any infrastructure required for the setup.
• Accuracy: You are responsible for ensuring that information you provide to us (e.g., system specifications, network details) is accurate and complete.
• Compliance: You are responsible for ensuring that your use of OpenClaw and any connected services complies with all applicable laws, including POPIA, and third-party terms of service.

5. Third-Party Software Disclaimer

OpenClaw is open-source software developed and maintained by third parties. CapeClaw is not the developer, owner, or maintainer of OpenClaw. We do not guarantee the functionality, security, availability, or continued development of OpenClaw or any third-party integrations. Issues arising from the OpenClaw software itself, its updates, or its third-party integrations are outside the scope of our Services and liability. Use of third-party software is at your own risk and subject to their respective licences and terms.

6. Infrastructure Disclaimer

VPS infrastructure is provisioned as part of setup, with costs passed through at cost. CapeClaw is not responsible for VPS provider outages, failures, or data loss beyond our control. We are not liable for infrastructure issues except in cases of gross negligence.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPECLAW AND ITS MEMBERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, UNAUTHORISED ACCESS TO YOUR SYSTEMS OR DATA, SECURITY BREACHES, OR DAMAGES ARISING FROM THIRD-PARTY SOFTWARE OR INFRASTRUCTURE FAILURES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO CAPECLAW FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DEPLOYMENT WILL BE ERROR-FREE, THAT OPENCLAW WILL OPERATE WITHOUT INTERRUPTION, OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.

9. Indemnification

You agree to indemnify, defend, and hold harmless CapeClaw and its members, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services or the OpenClaw software after setup; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any claim by a third party related to your use of OpenClaw or connected services.

10. Data & Security

During setup, we may need temporary access to your accounts, systems, or infrastructure. We will not intentionally access, copy, or retain any personal data beyond what is necessary to complete the deployment. You are responsible for changing any credentials shared with us after setup is complete. See our Privacy Policy for more information on how we handle data.

11. Post-Setup Support

The 14-day hypercare period covers issues directly caused by the initial setup. It does not cover: software updates or upgrades to OpenClaw, new feature requests, issues caused by changes you make after setup, third-party service outages, infrastructure failures, or network changes. Ongoing support, monitoring, and maintenance beyond hypercare require a Managed Care plan.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, it shall be resolved through mediation or arbitration in Cape Town, South Africa. Each party shall bear its own costs.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act, POPIA, and the Electronic Communications and Transactions Act.

14. Changes to These Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

15. Contact

If you have questions about these Terms, contact us via the details on capeclaw.ai.