Terms of Service | Mirai Stack

TERMS AND CONDITIONS

MIRAI STACK (PTY) LTD

Definitions and Interpretation
Acceptance of Terms
Description of Services
User Accounts and Registration
Acceptable Use Policy
Intellectual Property Rights
Platform Usage Rules
Marketplace Terms
Seller Responsibilities
Customer Purchase Terms
Payment Processing and Fees
Refunds and Disputes
Content Ownership and User-Generated Content
Privacy and Data Protection
Data Security and Storage
Limitation of Liability
Indemnification
Third-Party Services and Integrations
Service Availability and Modifications
Suspension and Termination of Accounts
Governing Law and Jurisdiction
Dispute Resolution Procedures
Compliance with South African Digital Regulations
Changes to the Terms and Conditions
Contact Information and Legal Notices

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the meanings assigned to them:

"Account" means a registered user profile created on any Mirai Stack Platform;

"Agora" means the digital publishing platform operated by Mirai Stack enabling writers to create, distribute, and manage long-form content without algorithm-driven feeds;

"Applicable Law" means all laws, statutes, regulations, and codes of South Africa, including but not limited to the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Protection of Personal Information Act 4 of 2013 (POPIA), and the Consumer Protection Act 68 of 2008 (CPA);

"Client" means any third party engaging Mirai Stack for software development, consulting, or technical services;

"Content" means any text, images, audio, video, software, data, or other materials uploaded, posted, transmitted, or otherwise made available through the Platforms;

"Customer" means any user who purchases goods or services through The Connect, Stitches, or any other Mirai Stack marketplace platform;

"ECTA" means the Electronic Communications and Transactions Act 25 of 2002, as amended;

"FitSocial" means the community-driven digital fitness engagement platform operated by Mirai Stack that connects users through shared wellness journeys and gamified challenges;

"Intellectual Property" means all patents, copyrights, trademarks, trade secrets, domain names, and other proprietary rights;

"KenganSocial" means the SaaS social media management platform operated by Mirai Stack for content scheduling and analytics;

"KenganStudy" means the AI-enhanced learning ecosystem operated by Mirai Stack delivering personalized education experiences;

"Mirai Stack," "we," "us," or "our" means Mirai Stack (Pty) Ltd, a private company incorporated in South Africa with its principal place of business at Durban, South Africa;

"Mirai Stack Platforms" or "Platforms" means collectively Prosoche, Agora, FitSocial, The Connect, Stitches, KenganStudy, KenganSocial, the Eminence Printing Website, and any other digital platforms owned, operated, or maintained by Mirai Stack;

"Personal Information" has the meaning ascribed to it in POPIA;

"POPIA" means the Protection of Personal Information Act 4 of 2013, as amended;

"Prosoche" means the reflective intelligence platform operated by Mirai Stack providing structured journaling and reflection tools;

"Seller" means any business or individual listing products or services for sale on The Connect, Stitches, or any other Mirai Stack marketplace platform;

"Services" means all software engineering, platform architecture, web application development, mobile application development, automation systems, technical consulting, and digital infrastructure design services provided by Mirai Stack;

"Stitches" means the global fashion commerce platform operated by Mirai Stack connecting international clothing suppliers with local customers;

"The Connect" means the multi-vendor marketplace platform operated by Mirai Stack enabling businesses to create digital storefronts;

"User," "you," or "your" means any individual or entity accessing or using any Mirai Stack Platform or Service;

"User-Generated Content" means any Content created, uploaded, or shared by Users on the Platforms;

"Website" means www.miraistack.co.za and any associated subdomains.

1.2 Headings are for convenience only and shall not affect interpretation.

1.3 References to statutory provisions include any amendments or re-enactments thereof.

1.4 Words importing the singular include the plural and vice versa.

1.5 References to persons include natural persons, corporate entities, and unincorporated associations.

2. ACCEPTANCE OF TERMS

2.1 These Terms and Conditions constitute a legally binding agreement between you and Mirai Stack regarding your access to and use of the Mirai Stack Platforms and Services.

2.2 By accessing or using any Mirai Stack Platform, creating an Account, or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

2.3 If you are accessing or using the Platforms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms and Conditions.

2.4 If you do not agree to these Terms and Conditions in their entirety, you must not access or use the Mirai Stack Platforms or Services.

2.5 These Terms and Conditions comply with the requirements of ECTA for electronic agreements and constitute valid and binding electronic contracts enforceable under South African law.

2.6 We may require you to expressly accept these Terms and Conditions through an electronic click-wrap or browse-wrap mechanism before accessing certain features of the Platforms.

3. DESCRIPTION OF SERVICES

3.1 Mirai Stack operates as a software engineering and digital platform architecture studio, providing the following categories of services:

3.1.1 Internal Platform Operations: We design, develop, operate, and maintain proprietary digital platforms including:
- Prosoche: A reflective journaling and personal awareness platform;
- Agora: A digital publishing ecosystem for long-form content;
- FitSocial: A community-driven fitness engagement platform;
- The Connect: A multi-vendor marketplace infrastructure;
- Stitches: A fashion-focused e-commerce marketplace;
- KenganStudy: An AI-enhanced learning ecosystem;
- KenganSocial: A SaaS social media management platform.

3.1.2 Client Software Development: We provide bespoke software engineering, platform architecture, web application development, mobile application development, automation systems, technical consulting, and digital infrastructure design services for external organizations.

3.2 Specific Platform functionalities include:

3.2.1 Prosoche: Structured journaling, guided reflection prompts, pattern analysis, and insight generation tools;

3.2.2 Agora: Content creation tools, distribution mechanisms, audience building features, and writer monetization options;

3.2.3 FitSocial: Workout tracking, progress monitoring, social interaction features, gamified challenges, and community engagement tools;

3.2.4 The Connect: Digital storefront creation, inventory management, product listing capabilities, and unified commerce infrastructure;

3.2.5 Stitches: International supplier connection, local customer interface, fashion product cataloging, and streamlined retail experience;

3.2.6 KenganStudy: Personalized education delivery, intelligent content delivery, learning analytics, and AI-enhanced tutoring;

3.2.7 KenganSocial: Content scheduling, analytics dashboard, multi-platform management, and automation tools.

3.3 Mirai Stack reserves the right to modify, suspend, or discontinue any aspect of the Services or Platforms at any time, with or without notice.

3.4 We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

4. USER ACCOUNTS AND REGISTRATION

4.1 Access to certain features of the Mirai Stack Platforms requires registration and creation of an Account.

4.2 To register for an Account, you must:
- Be at least 18 years of age or the age of majority in your jurisdiction;
- Provide accurate, current, and complete information as prompted by the registration form;
- Maintain and promptly update your Account information to keep it accurate and complete.

4.3 You are solely responsible for maintaining the confidentiality of your Account credentials, including your password.

4.4 You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.

4.5 You may not:
- Use another person's Account without permission;
- Create multiple Accounts for fraudulent or deceptive purposes;
- Share your Account credentials with third parties;
- Transfer your Account to another party without our prior written consent.

4.6 Mirai Stack shall not be liable for any loss or damage arising from your failure to comply with these Account security obligations.

4.7 We reserve the right to suspend or terminate Accounts that have been inactive for extended periods, subject to applicable data retention requirements under POPIA.

4.8 Upon registration, you consent to receive electronic communications from Mirai Stack regarding your Account, the Platforms, and our Services.

5. ACCEPTABLE USE POLICY

5.1 You agree to use the Mirai Stack Platforms and Services only for lawful purposes and in accordance with these Terms and Conditions.

5.2 You expressly agree NOT to:

5.2.1 Use the Platforms in any manner that violates any Applicable Law or regulation;

5.2.2 Engage in any fraudulent, deceptive, or misleading conduct;

5.2.3 Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;

5.2.4 Interfere with or disrupt the integrity or performance of the Platforms or the data contained therein;

5.2.5 Attempt to gain unauthorized access to the Platforms, their underlying systems, or related networks;

5.2.6 Use any automated means, including robots, spiders, scrapers, or data mining tools, to access, monitor, or copy any part of the Platforms without our express written permission;

5.2.7 Upload, transmit, or distribute any Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Infringes upon any Intellectual Property rights or other proprietary rights of any party;
- Contains viruses, malware, or other harmful code;
- Constitutes unsolicited commercial communications or "spam";

5.2.8 Harass, abuse, or harm another person, including Mirai Stack employees, agents, or other Users;

5.2.9 Collect or store Personal Information about other Users without their express consent;

5.2.10 Use the Platforms for any illegal gambling, betting, or lottery activities;

5.2.11 Engage in money laundering, terrorist financing, or other financial crimes.

5.3 Mirai Stack reserves the right to investigate and take appropriate legal action against anyone who violates this Acceptable Use Policy, including without limitation, removing offending Content, suspending or terminating Accounts, and reporting violations to law enforcement authorities.

5.4 We may cooperate with law enforcement authorities and comply with court orders requesting or directing us to disclose the identity of anyone posting any Content in violation of Applicable Law.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Mirai Stack Intellectual Property:

6.1.1 All Intellectual Property rights in and to the Mirai Stack Platforms, including but not limited to software, algorithms, user interfaces, graphics, logos, trademarks, and documentation, are owned by or licensed to Mirai Stack.

6.1.2 Nothing in these Terms and Conditions shall be construed as transferring any Intellectual Property rights to you.

6.1.3 You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platforms solely for their intended purposes in accordance with these Terms and Conditions.

6.1.4 The Mirai Stack name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mirai Stack or its affiliates. You may not use such marks without our prior written permission.

6.2 Client Project Intellectual Property:

6.2.1 For Client software projects, Intellectual Property rights shall be allocated as specified in the individual service agreement between Mirai Stack and the Client.

6.2.2 Unless otherwise agreed in writing, Mirai Stack retains ownership of all pre-existing Intellectual Property and general methodologies used in Client projects.

6.3 Open Source and Third-Party Components:

6.3.1 Certain components of the Platforms may incorporate open-source software or third-party libraries subject to their respective license terms.

6.3.2 Your use of such components is governed by their applicable open-source licenses, which are incorporated by reference into these Terms and Conditions.

7. PLATFORM USAGE RULES

7.1 General Platform Rules:

7.1.1 You may only use the Platforms for their intended purposes as described in Section 3.

7.1.2 You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platforms.

7.1.3 You may not modify, adapt, translate, or create derivative works based upon the Platforms.

7.1.4 You may not rent, lease, lend, sell, sublicense, or otherwise transfer any rights granted to you under these Terms and Conditions.

7.2 Specific Platform Rules:

7.2.1 Prosoche: You may not use the platform to store or transmit medical or health information that requires professional healthcare provider handling. The platform is for personal reflection only and does not constitute medical or psychological advice.

7.2.2 Agora: You retain ownership of your original content published on Agora, subject to the license granted in Section 13. You may not publish content that violates the intellectual property rights of others.

7.2.3 FitSocial: You acknowledge that fitness activities carry inherent risks. You should consult with a healthcare professional before beginning any exercise program. Mirai Stack is not responsible for any injuries resulting from fitness activities.

7.2.4 KenganStudy: AI-generated content and recommendations are provided for educational purposes only and do not constitute professional educational or psychological advice.

7.2.5 KenganSocial: You are responsible for ensuring that your use of social media management features complies with the terms of service of third-party social media platforms.

8. MARKETPLACE TERMS

8.1 Application of This Section:

8.1.1 This Section 8 applies to The Connect and Stitches platforms, which operate as multi-vendor marketplaces.

8.1.2 Mirai Stack acts as a platform provider and facilitator of transactions between Sellers and Customers.

8.2 Platform Role:

8.2.1 Mirai Stack is not a party to any transaction between Sellers and Customers.

8.2.2 We do not own, create, sell, resell, or control products or services listed by Sellers.

8.2.3 We are not responsible for the quality, safety, legality, or accuracy of products listed on the marketplaces.

8.3 Transaction Facilitation:

8.3.1 The Platforms provide infrastructure for listing products, processing orders, and facilitating payments.

8.3.2 Contractual relations regarding the sale of products are formed directly between the Seller and the Customer.

8.3.3 Mirai Stack may provide dispute resolution mechanisms but is not obligated to mediate disputes between Sellers and Customers.

8.4 Prohibited Products and Services:

8.4.1 The following may not be listed or sold on Mirai Stack marketplaces:
- Illegal drugs, controlled substances, or drug paraphernalia;
- Weapons, firearms, ammunition, or explosive materials;
- Counterfeit or stolen goods;
- Products infringing intellectual property rights;
- Hazardous materials;
- Human remains or body parts;
- Live animals (with limited exceptions for certain categories on The Connect);
- Services that are illegal or violate these Terms and Conditions.

8.5 Mirai Stack reserves the right to remove any listing that violates these Terms and Conditions or Applicable Law without prior notice.

9. SELLER RESPONSIBILITIES

9.1 Registration and Verification:

9.1.1 To list products on The Connect or Stitches, Sellers must complete a registration process and provide accurate business information.

9.1.2 Sellers must maintain current business registrations, tax clearances, and any licenses required for their products or services.

9.1.3 Mirai Stack may verify Seller information and may suspend listing privileges pending verification.

9.2 Product Listings:

9.2.1 Sellers must provide accurate, complete, and truthful information about products, including descriptions, specifications, pricing, and availability.

9.2.2 Product images must accurately represent the actual product.

9.2.3 Pricing must include all applicable taxes and fees, clearly displayed to Customers.

9.2.4 Sellers must promptly update listings to reflect current inventory levels and avoid overselling.

9.3 Order Fulfillment:

9.3.1 Sellers must fulfill orders within the timeframe specified in their listings or as agreed with the Customer.

9.3.2 Sellers are responsible for packaging, shipping, and delivery of products.

9.3.3 Sellers must provide tracking information where applicable.

9.4 Customer Service:

9.4.1 Sellers are responsible for responding to Customer inquiries in a timely and professional manner.

9.4.2 Sellers must handle returns, refunds, and exchanges in accordance with the CPA and these Terms and Conditions.

9.5 Compliance:

9.5.1 Sellers warrant that:
- They have the legal right to sell the products listed;
- Products comply with all Applicable Laws and safety standards;
- Products do not infringe any third-party Intellectual Property rights;
- They will comply with all tax obligations related to their sales.

9.6 Fees and Commissions:

9.6.1 Sellers agree to pay all applicable fees, commissions, and charges as specified in the Seller Agreement.

9.6.2 Mirai Stack may modify fee structures with reasonable notice to Sellers.

10. CUSTOMER PURCHASE TERMS

10.1 Order Formation:

10.1.1 Placement of an order constitutes an offer to purchase products subject to these Terms and Conditions and the Seller's terms.

10.1.2 An order is confirmed when the Seller accepts the offer and payment is processed.

10.1.3 Mirai Stack is not responsible for Seller acceptance or rejection of orders.

10.2 Pricing and Payment:

10.2.1 All prices are displayed in South African Rand (ZAR) unless otherwise indicated.

10.2.2 Prices include Value Added Tax (VAT) where applicable.

10.2.3 Payment must be made through the payment methods provided on the Platforms.

10.2.4 Customers warrant that they are authorized to use the selected payment method.

10.3 Delivery:

10.3.1 Delivery terms are as specified by the individual Seller.

10.3.2 Risk of loss and title for products pass to the Customer upon delivery to the carrier or Customer, as specified in the Seller's terms.

10.4 Consumer Rights:

10.4.1 Customers who are consumers under the CPA have the right to:
- Receive goods that are reasonably suitable for the purpose generally intended;
- Receive goods of good quality, in good working order, and free of defects;
- Fair, just, and reasonable terms and conditions.

10.4.2 Direct marketing cooling-off periods under the CPA apply where applicable.

10.5 Product Reviews:

10.5.1 Customers may be invited to provide reviews of products and Sellers.

10.5.2 Reviews must be honest, accurate, and based on actual experience.

10.5.3 Mirai Stack reserves the right to remove reviews that violate these Terms and Conditions.

11. PAYMENT PROCESSING AND FEES

11.1 Payment Processing:

11.1.1 Mirai Stack utilizes third-party payment processors to facilitate transactions on the Platforms.

11.1.2 By making a payment, you agree to the terms and conditions of the applicable payment processor.

11.1.3 Mirai Stack does not store complete credit card numbers or banking details; such information is processed and stored by PCI-DSS compliant payment processors.

11.2 Platform Fees:

11.2.1 Mirai Stack may charge fees for certain Services or Platform features.

11.2.2 All fees are disclosed prior to incurring the charge.

11.2.3 Fees are non-refundable except as expressly provided in these Terms and Conditions or required by Applicable Law.

11.3 Subscription Services:

11.3.1 Certain Platforms may offer subscription-based services with recurring billing.

11.3.2 Subscriptions automatically renew unless cancelled before the renewal date.

11.3.3 You may cancel subscriptions through your Account settings or by contacting us.

11.4 Late Payments:

11.4.1 For invoiced Services, payment is due within 30 days of the invoice date unless otherwise agreed.

11.4.2 Late payments may incur interest at the rate prescribed by the Prescribed Rate of Interest Act 55 of 1975.

11.5 Currency and Conversion:

11.5.1 All transactions are processed in South African Rand (ZAR) unless otherwise specified.

11.5.2 For international transactions, currency conversion fees may apply as charged by your financial institution.

12. REFUNDS AND DISPUTES

12.1 Refund Policy:

12.1.1 Refund eligibility depends on the specific Platform, product, or Service purchased.

12.1.2 Digital products and services may have limited refund rights in accordance with the CPA.

12.1.3 Physical product refunds are governed by the Seller's return policy and the CPA.

12.2 Subscription Refunds:

12.2.1 Subscription fees are generally non-refundable for partial months or unused periods.

12.2.2 Refunds may be granted at Mirai Stack's discretion in exceptional circumstances.

12.3 Dispute Resolution Between Users:

12.3.1 Mirai Stack encourages Sellers and Customers to resolve disputes directly.

12.3.2 Where direct resolution fails, Mirai Stack may offer mediation services but is not obligated to do so.

12.3.3 Mirai Stack's decisions in dispute resolution are final and binding on the parties.

12.4 Chargebacks:

12.4.1 Customers agree not to initiate chargebacks without first attempting to resolve disputes through the Platform's processes.

12.4.2 Mirai Stack reserves the right to suspend Accounts of Users who abuse chargeback mechanisms.

12.5 CPA Compliance:

12.5.1 All refund and return policies comply with the Consumer Protection Act 68 of 2008.

12.5.2 Nothing in these Terms and Conditions limits any consumer rights that cannot be excluded under the CPA.

13. CONTENT OWNERSHIP AND USER-GENERATED CONTENT

13.1 Mirai Stack Content:

13.1.1 All Content provided by Mirai Stack on the Platforms is owned by or licensed to us.

13.1.2 Such Content is protected by copyright, trademark, and other Intellectual Property laws.

13.2 User-Generated Content:

13.2.1 You retain ownership of any Content you create, upload, or post on the Platforms.

13.2.2 By posting Content, you grant Mirai Stack a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the operation of the Platforms and Mirai Stack's business.

13.2.3 This license persists even if you stop using the Platforms, though we will cease commercial exploitation of your Content upon reasonable request following Account termination.

13.3 Content Representations:

13.3.1 You represent and warrant that:
- You own or have the necessary rights to post your Content;
- Your Content does not violate the rights of any third party;
- Your Content complies with these Terms and Conditions and Applicable Law.

13.4 Content Moderation:

13.4.1 Mirai Stack does not pre-screen all User-Generated Content but reserves the right to remove any Content that violates these Terms and Conditions.

13.4.2 We may use automated tools to detect and remove prohibited Content.

13.5 AI-Generated Content (KenganStudy):

13.5.1 Content generated by AI features in KenganStudy is provided for educational purposes.

13.5.2 You acknowledge that AI-generated content may not always be accurate or appropriate for your specific needs.

13.5.3 Mirai Stack does not claim ownership of AI-generated content created for you, subject to the license in Section 13.2.2.

14. PRIVACY AND DATA PROTECTION

14.1 POPIA Compliance:

14.1.1 Mirai Stack is committed to protecting your Personal Information in accordance with POPIA.

14.1.2 Our Privacy Policy, available at [Privacy Policy URL], forms part of these Terms and Conditions.

14.2 Information Officer:

14.2.1 Mirai Stack has designated an Information Officer responsible for POPIA compliance.

14.2.2 The Information Officer can be contacted at info@miraistack.co.za.

14.3 Data Processing:

14.3.1 By using the Platforms, you consent to the collection, processing, and storage of your Personal Information as described in our Privacy Policy.

14.3.2 We process Personal Information only for lawful purposes compatible with the original purpose of collection.

14.4 Data Subject Rights:

14.4.1 Under POPIA, you have the right to:
- Request access to your Personal Information;
- Request correction or deletion of your Personal Information;
- Object to processing of your Personal Information;
- Lodge a complaint with the Information Regulator.

14.5 Cross-Border Transfers:

14.5.1 Some of our service providers may process data outside South Africa.

14.5.2 We ensure that appropriate safeguards are in place for such transfers in compliance with POPIA.

14.6 Data Retention:

14.6.1 We retain Personal Information only for as long as necessary to fulfill the purposes for which it was collected, or as required by Applicable Law.

14.6.2 Upon Account deletion, we will delete or anonymize your Personal Information, except where retention is required by law or for legitimate business purposes.

15. DATA SECURITY AND STORAGE

15.1 Security Measures:

15.1.1 Mirai Stack implements appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction.

15.1.2 These measures include encryption, access controls, secure development practices, and regular security assessments.

15.2 Security Limitations:

15.2.1 While we strive to protect your data, no internet transmission or electronic storage is completely secure.

15.2.2 You acknowledge that you provide your Personal Information at your own risk.

15.3 Breach Notification:

15.3.1 In the event of a data breach affecting your Personal Information, we will notify you and the Information Regulator as required by POPIA.

15.3.2 Notification will occur without undue delay after becoming aware of the breach.

15.4 User Security Responsibilities:

15.4.1 You are responsible for maintaining the security of your Account credentials.

15.4.2 You must use strong, unique passwords and enable two-factor authentication where available.

16. LIMITATION OF LIABILITY

16.1 To the fullest extent permitted by Applicable Law:

16.1.1 Mirai Stack provides the Platforms and Services on an "as is" and "as available" basis without warranties of any kind, either express or implied.

16.1.2 We do not warrant that the Platforms will meet your requirements, be uninterrupted, timely, secure, or error-free.

16.2 Exclusion of Liability:

16.2.1 Mirai Stack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

16.2.2 Our total liability for any claim arising from these Terms and Conditions shall not exceed the amount you paid to Mirai Stack in the 12 months preceding the claim, or R1,000.00 (One Thousand South African Rand), whichever is greater.

16.3 Exceptions:

16.3.1 Nothing in these Terms and Conditions excludes or limits liability for:
- Fraud or fraudulent misrepresentation;
- Death or personal injury caused by negligence;
- Any other liability that cannot be excluded under Applicable Law.

16.4 Platform-Specific Disclaimers:

16.4.1 FitSocial: Mirai Stack is not responsible for any injuries, health issues, or damages resulting from fitness activities undertaken based on Platform content.

16.4.2 KenganStudy: AI-generated educational content is provided for informational purposes only and does not constitute professional educational advice.

16.4.3 Marketplace Platforms: Mirai Stack is not liable for the quality, safety, or legality of products sold by Sellers.

17. INDEMNIFICATION

17.1 You agree to indemnify, defend, and hold harmless Mirai Stack, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

17.1.1 Your use of the Platforms or Services;

17.1.2 Your violation of these Terms and Conditions;

17.1.3 Your violation of any rights of another party, including Intellectual Property rights;

17.1.4 Your violation of any Applicable Law;

17.1.5 Any Content you post or transmit through the Platforms.

17.2 Mirai Stack reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

18. THIRD-PARTY SERVICES AND INTEGRATIONS

18.1 The Mirai Stack Platforms may integrate with or contain links to third-party services, websites, or applications.

18.2 Mirai Stack does not control and is not responsible for the content, privacy policies, or practices of any third-party services.

18.3 Your use of third-party services is subject to their respective terms and conditions.

18.4 Social Media Integrations (KenganSocial):

18.4.1 KenganSocial integrates with third-party social media platforms.

18.4.2 Your use of these integrations is subject to the terms of service of the respective social media platforms.

18.4.3 Mirai Stack is not responsible for changes to third-party APIs or service discontinuations.

18.5 AI Service Providers (KenganStudy):

18.5.1 KenganStudy may utilize third-party AI and machine learning services.

18.5.2 Data processed by these services is subject to their respective privacy and security standards.

19. SERVICE AVAILABILITY AND MODIFICATIONS

19.1 Service Availability:

19.1.1 Mirai Stack aims to maintain high availability of the Platforms but does not guarantee uninterrupted access.

19.1.2 Scheduled maintenance may result in temporary service interruptions. We will endeavor to provide advance notice of scheduled maintenance.

19.2 Modifications to Services:

19.2.1 Mirai Stack reserves the right to modify, suspend, or discontinue any Platform or Service at any time, with or without notice.

19.2.2 We may add or remove features, change functionality, or modify user interfaces.

19.2.3 We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

19.3 Force Majeure:

19.3.1 Mirai Stack shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20. SUSPENSION AND TERMINATION OF ACCOUNTS

20.1 Termination by User:

20.1.1 You may terminate your Account at any time by following the Account deletion process or contacting us.

20.1.2 Termination does not relieve you of obligations incurred prior to termination.

20.2 Suspension and Termination by Mirai Stack:

20.2.1 We may suspend or terminate your Account immediately and without prior notice if:
- You violate these Terms and Conditions;
- You engage in fraudulent or illegal activity;
- Your conduct poses a risk to other Users or Mirai Stack;
- You fail to pay amounts due;
- Required by Applicable Law.

20.3 Effects of Termination:

20.3.1 Upon termination, your right to use the Platforms ceases immediately.

20.3.2 All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including Intellectual Property provisions, indemnification, limitation of liability, and dispute resolution.

20.3.3 We may retain certain data as required by Applicable Law or for legitimate business purposes.

21. GOVERNING LAW AND JURISDICTION

21.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.

21.2 Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.

21.3 Specifically, disputes shall be submitted to the competent courts in Durban, KwaZulu-Natal, South Africa.

21.4 Notwithstanding the above, Mirai Stack may seek injunctive or other equitable relief in any jurisdiction to prevent irreparable harm.

22. DISPUTE RESOLUTION PROCEDURES

22.1 Informal Resolution:

22.1.1 Before initiating formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting Mirai Stack at info@miraistack.co.za.

22.1.2 We will attempt to resolve disputes within 30 days of receiving notice.

22.2 Mediation:

22.2.1 If informal resolution fails, parties agree to attempt mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA).

22.2.2 Mediation shall take place in Durban, South Africa.

22.3 Arbitration:

22.3.1 If mediation fails, disputes shall be finally resolved by arbitration under AFSA rules.

22.3.2 Arbitration shall be conducted in English in Durban, South Africa.

22.3.3 The arbitrator's decision shall be final and binding.

22.4 Class Action Waiver:

22.4.1 You agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

22.5 Exceptions:

22.5.1 Either party may seek urgent interdictory relief from a court of competent jurisdiction without first exhausting mediation or arbitration.

23. COMPLIANCE WITH SOUTH AFRICAN DIGITAL REGULATIONS

23.1 ECTA Compliance:

23.1.1 These Terms and Conditions constitute an electronic agreement as defined in ECTA.

23.1.2 Data messages exchanged between you and Mirai Stack satisfy the writing requirement under ECTA.

23.1.3 Electronic signatures and authentication methods used comply with ECTA requirements.

23.2 CPA Compliance:

23.2.1 These Terms and Conditions comply with the Consumer Protection Act 68 of 2008.

23.2.2 Where you are a consumer under the CPA, nothing in these Terms and Conditions excludes your statutory rights.

23.2.3 Notices required under the CPA are provided through the Platforms and via email.

23.3 POPIA Compliance:

23.3.1 Mirai Stack is a responsible party as defined in POPIA.

23.3.2 We have implemented appropriate measures to comply with POPIA's conditions for lawful processing of Personal Information.

23.4 Cybercrimes Act:

23.4.1 Users are prohibited from using the Platforms for any activities prohibited by the Cybercrimes Act 19 of 2020.

23.4.2 Mirai Stack will cooperate with law enforcement in investigating cybercrime.

24. CHANGES TO THE TERMS AND CONDITIONS

24.1 Mirai Stack reserves the right to modify these Terms and Conditions at any time.

24.2 Changes will be effective immediately upon posting on the Platforms, with the updated effective date.

24.3 Material changes will be notified to Users via email or prominent notice on the Platforms at least 30 days before becoming effective.

24.4 Your continued use of the Platforms after changes constitutes acceptance of the modified Terms and Conditions.

24.5 If you do not agree to the changes, you must stop using the Platforms and terminate your Account.

25. CONTACT INFORMATION AND LEGAL NOTICES

25.1 Legal Entity:

Mirai Stack (Pty) Ltd
Principal Place of Business: Durban, South Africa
Email: info@miraistack.co.za

25.2 Legal Notices:

25.2.1 All legal notices to Mirai Stack must be sent to info@miraistack.co.za

25.2.2 Notices will be deemed received when acknowledged by Mirai Stack or within 48 hours of sending if no acknowledgment is received.

25.3 General Inquiries:

For general inquiries, support, or customer service, please contact info@miraistack.co.za

25.4 Regulatory Compliance:

25.4.1 Information Officer: Contactable at info@miraistack.co.za for POPIA-related inquiries.

25.4.2 Complaints regarding data protection may be lodged with the Information Regulator of South Africa.

SCHEDULE A: PLATFORM-SPECIFIC SUPPLEMENTARY TERMS

A.1 Prosoche (Reflective Intelligence Platform)

A.1.1 Prosoche is designed for personal reflection and mindfulness practices.

A.1.2 The platform does not provide medical, psychological, or psychiatric advice.

A.1.3 If you are experiencing mental health crises, please contact a qualified healthcare professional or emergency services.

A.2 Agora (Digital Publishing Platform)

A.2.1 Writers retain copyright in their original works published on Agora.

A.2.2 By publishing on Agora, you grant Mirai Stack a license to display, distribute, and promote your content on the platform.

A.2.3 Mirai Stack does not guarantee any specific audience size or monetization results.

A.3 FitSocial (Community-Driven Fitness Platform)

A.3.1 Users participate in fitness activities at their own risk.

A.3.2 Consult a physician before beginning any exercise program.

A.3.3 User-generated fitness content does not constitute professional training advice.

A.4 The Connect (Multi-Vendor Marketplace Platform)

A.4.1 Mirai Stack charges commission fees on transactions as specified in Seller agreements.

A.4.2 Sellers are independent contractors and not employees or agents of Mirai Stack.

A.4.3 Mirai Stack reserves the right to delist Sellers who violate platform policies.

A.5 Stitches (Global Fashion Commerce Platform)

A.5.1 International transactions may be subject to customs duties, import taxes, and shipping delays.

A.5.2 Sizing and fit information is provided by Sellers; Mirai Stack is not responsible for sizing discrepancies.

A.6 KenganStudy (AI-Enhanced Learning Ecosystem)

A.6.1 AI-generated content is provided "as is" without warranties of accuracy or completeness.

A.6.2 Mirai Stack does not guarantee specific educational outcomes or results.

A.6.3 Personal data used to personalize learning experiences is processed in accordance with Section 14.

A.7 KenganSocial (SaaS Social Media Management)

A.7.1 Users must comply with the terms of service of third-party social media platforms.

A.7.2 Mirai Stack is not responsible for account suspensions or restrictions imposed by social media platforms.

A.7.3 Automation features must be used in compliance with platform-specific rate limits and policies.

ACKNOWLEDGMENT

BY ACCESSING OR USING ANY MIRAI STACK PLATFORM OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Last Updated: March 2026

Terms and Conditions

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