Terms of Use
Please read these terms carefully before using the Morpheus Commerce platform and services.
1. Acceptance of Terms
By accessing or using the Morpheus Commerce website (www.morpheusmobile.com) and related services (“Services”), you agree to be bound by these Terms of Use. If you do not agree, you may not access or use the Services.
These Terms form a legally binding agreement between you and Morpheus Commerce (Pty) Ltd, a company registered in the Republic of South Africa.
These Terms apply to all users of the platform, including administrators, employees, contractors, and any individuals granted access through a subscribing organisation (“Customer”).
2. Services
Morpheus Commerce provides a software-as-a-service (SaaS) mobile workforce management platform that may include modules such as:
- Auditing & Execution
- Time & Attendance
- Sales Orders
The platform may include a mobile application for field workers and a web-based administrative dashboard for managers. Features may include GPS-based location tracking, reporting, task management, inventory tools, surveys, asset tracking, and offline functionality.
Services are hosted on cloud infrastructure and are provided on a subscription basis, subject to availability and these Terms.
We reserve the right to modify, enhance, or discontinue features at any time.
3. Account Registration & Responsibilities
To access the Services, you must create an account and provide accurate, complete, and current information.
You are responsible for:
- Maintaining the confidentiality of account credentials
- All activity conducted under your account
- Promptly notifying us of any unauthorised use
- Ensuring that users within your organisation comply with these Terms
You must be at least 18 years old to create an account. Account administrators are responsible for managing user permissions within their organisation.
4. Subscriptions, Billing & Payment
Access to the Services is provided on a paid subscription basis unless otherwise agreed in writing.
Subscription fees, billing cycles, and payment terms are published on our website or agreed contractually.
By subscribing, you agree to:
- Pay all applicable fees when due
- Provide accurate billing information
- Authorise us (or our payment provider) to process payments
We may suspend or terminate access for non-payment.
We reserve the right to modify pricing with reasonable prior notice.
5. Acceptable Use
You agree not to:
- Use the Services for unlawful purposes
- Violate any applicable laws or regulations
- Attempt unauthorised access to the platform or related systems
- Interfere with the integrity, performance, or security of the Services
- Reverse engineer, decompile, or disassemble the platform
- Transmit malicious code or harmful content
- Use the Services in a manner that exceeds reasonable or intended use
We reserve the right to suspend access if these provisions are violated.
6. Employee Monitoring & Legal Compliance
Where the Services are used for workforce tracking, GPS monitoring, attendance logging, or performance management:
- The Customer is solely responsible for complying with all labour laws and data protection laws.
- The Customer warrants that it has informed employees and obtained any required consents.
- Morpheus Commerce acts as a software provider and does not assume responsibility for employment disputes, regulatory investigations, or misuse of collected data.
7. Third-Party Integrations
The Services may integrate with third-party systems or APIs.
We do not guarantee the availability, accuracy, or continued compatibility of third-party services. We are not liable for interruptions or changes caused by third-party providers.
Custom integrations may be governed by separate agreements.
8. Intellectual Property
All intellectual property rights in the platform, including software, designs, trademarks, logos, and content, remain the property of Morpheus Commerce or its licensors.
We grant you a limited, non-exclusive, non-transferable licence to use the Services for internal business purposes during an active subscription.
You may not:
- Copy, modify, or distribute the platform
- Create derivative works
- Resell or sublicense the Services without written consent
9. Data & Privacy
Data processing is governed by our Privacy Policy.
Morpheus Commerce complies with the Protection of Personal Information Act (POPIA) of South Africa and applicable data protection laws.
You retain ownership of data uploaded to the platform.
We implement reasonable technical and organisational safeguards to protect data.
You are responsible for ensuring you have the lawful right to upload and process any data within the Services.
10. Indemnification
You agree to indemnify and hold harmless Morpheus Commerce, its directors, employees, and affiliates from any claims, damages, losses, or expenses arising from:
- Your misuse of the Services
- Your violation of these Terms
- Your breach of applicable laws
- Disputes related to employee monitoring or uploaded data
11. Limitation of Liability
To the maximum extent permitted by South African law:
- The Services are provided on an “as is” and “as available” basis.
- We do not guarantee uninterrupted or error-free operation.
- We are not liable for indirect, incidental, consequential, special, or punitive damages.
Our total liability for any claim shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.
12. Force Majeure
We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, internet outages, cloud infrastructure failures, governmental actions, labour disputes, or power disruptions.
13. Termination
Either party may terminate a subscription in accordance with the applicable billing terms.
We may suspend or terminate access immediately if these Terms are violated.
Upon termination:
- Access to the Services will cease
- Accounts may be deactivated
- You may request a data export within 30 days
After 30 days, data may be deleted in accordance with our retention policies and legal obligations.
14. Governing Law
These Terms are governed by the laws of the Republic of South Africa.
Any disputes shall be subject to the exclusive jurisdiction of the courts of Cape Town, Western Cape.
The Electronic Communications and Transactions Act (ECT Act) and the Consumer Protection Act apply where applicable.
15. Changes to Terms
We may update these Terms from time to time.
Material changes will be communicated via email or a notice on our website. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
16. Contact Information
For questions regarding these Terms, contact:
Email: info@morpheusmobile.com
Phone: +27 21 200-0485
Address: 50 Harrington Street, Cape Town, 8001, South Africa