Terms of Service

Topaz is an AI-powered website builder that enables users to create professional websites through any of four paths:

• Templates: Pre-designed free, premium and Pristine templates that you select and customise (recommended starting point).
• AI Website Builder: A conversational interface where our AI generates complete, production-ready websites based on a brief you provide.
• Build It Myself (Blank Canvas): A drag-and-drop visual editor for full manual control over every section, style, and element.
• We Build It For You: Our team designs and delivers a bespoke website on agreed scope and timeline (see designers).

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.

To use the Service, you must create an account. When registering, you agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update your information if it changes
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorised access

You must be at least 18 years old to create an account and use the Service.

As a user of the Service, you are responsible for:

• All content you create, upload, or publish through the platform
• Ensuring your content does not infringe on any third-party rights
• Keeping your account credentials secure and confidential
• Complying with all applicable laws and regulations
• Using the Service in good faith and for its intended purpose

• Dollar-based AI billing: AI features are billed in real dollars against the AI balance included with your plan. Your balance decreases as you use AI generation features.
• Subscriptions: Paid plans are billed on a recurring basis (monthly or annually) and auto-renew unless cancelled before the renewal date.
• Pricing: All prices are displayed in the currency indicated on the pricing page. We reserve the right to change pricing with 30 days' notice.
• Refunds: All payments are final and non-refundable. Statutory cooling-off rights under South African (CPA), European Union (CRD Art. 16(m)) and United Kingdom (CCR) consumer-protection law are preserved where applicable — typically a 5–14 day window, only if no AI credit has been used. Once any AI feature is used, those statutory rights are waived in accordance with the digital-services exception. Done-for-you project work is governed by the separate written project agreement, not these Terms. We reserve the right to delay or decline refund requests that show patterns consistent with fraud, money laundering or abuse, and to suspend accounts pending investigation. Where required by South African law (FICA), we report suspicious transactions to the Financial Intelligence Centre.
• Cancellation: You may cancel your subscription at any time through your account settings or by emailing info@topazcreations.co.za. Cancellation stops future renewals immediately; the current billing period is non-refundable and you retain access until the period-end date.
• Payment processing: All payments are processed securely by PayFast. We do not store your payment card information.

Your AI balance is composed of three credit types, each with its own validity window:

• Subscription credits (monthly allowance included with your plan): use it or lose it. Subscription credits expire at the end of each billing month and the bucket is reset on renewal. They do not roll over.
• Top-up credits (one-off pay-what-you-see purchases of $20 / $50 / $100 / $500): roll over for 12 months from the latest top-up. Each new top-up extends the expiry clock for the entire top-up balance to 12 months from that purchase. Top-up credits are not refundable for cash at any point.
• Bonus credits (promotional or compensation credits issued by us at our discretion): valid for 30 days from the date of issue, unless otherwise stated at the time they are granted.

When AI is used, we deduct from the soonest-to-expire bucket first. Expiry is applied automatically and forfeit credits are not refundable. We may show your remaining time on each credit bucket in your account dashboard.

You may not use the Service to:

• Create websites that promote illegal activities or violate any laws
• Generate content that is defamatory, obscene, or hateful
• Infringe upon any third-party intellectual property rights
• Distribute malware, viruses, or harmful code
• Engage in phishing, fraud, or deceptive practices
• Overload, disrupt, or interfere with the Service infrastructure
• Attempt to gain unauthorised access to other accounts or systems
• Scrape, crawl, or harvest data from the platform without permission
• Resell, sublicence, or redistribute the Service without authorisation

We reserve the right to suspend or terminate accounts that violate this policy without notice.

The Service uses artificial intelligence to generate website content. You acknowledge and agree that:

• AI-generated content may not always be perfectly accurate or suitable for your specific needs. You are responsible for reviewing and editing all generated content before publishing.
• We do not guarantee that AI-generated content will be free from errors, biases, or unintended material.
• You are solely responsible for ensuring that published content complies with applicable laws and does not infringe on third-party rights.

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency security patches or updates
• Factors beyond our reasonable control (e.g., internet outages, third-party service disruptions)

To the maximum extent permitted by South African law:

• The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
• Topaz Creations shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
• Our total liability for any claim arising from or related to the Service shall not exceed the amount you have paid us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable South African law, including liability for fraud or gross negligence.

• By you: You may close your account at any time by contacting us or using the account settings. Upon closure, your data will be deleted in accordance with our Privacy Policy.
• By us: We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or if required by law. We will provide reasonable notice where possible.
• Effect of termination: Upon termination, your right to use the Service ceases immediately. You may request an export of your website data before account closure.

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa, save where applicable consumer-protection law in your country of residence grants you the right to bring proceedings in your local courts (such rights are preserved and not waived by this clause).

Where you are a consumer in the European Union, the United Kingdom, the European Economic Area, or any other jurisdiction whose mandatory consumer-law protections apply, those statutory rights are not affected by these Terms.

Before initiating legal proceedings, we encourage you to contact us at info@topazcreations.co.za to resolve any disputes amicably.

If you have questions about these Terms, contact us at: