Terms of Use

1. Acceptance of Terms

By accessing or using THUMA Commerce ("THUMA," "we," "us," or "our") at thuma.store and all related subdomains, dashboards, APIs, and services (collectively, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the Service.

2. Definitions

• "Merchant" — a person or entity that registers a store on THUMA to sell products or services.
• "Customer" — a person who purchases products or services from a Merchant through the Service.
• "Store" — a Merchant's branded storefront hosted at thuma.store/[handle].
• "Platform" — the THUMA software, infrastructure, and services that power Stores.
• "Gateway Fees" — charges from third-party payment processors (Peach Payments) for processing transactions.
• "Settlement" — the transfer of net funds from THUMA to the Merchant after deducting fees.

3. Account Registration

• You must be at least 18 years old and capable of entering into a binding contract.
• You must provide accurate, complete, and current information during registration.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• Each Merchant may register one Store per email address unless otherwise agreed with THUMA.
• THUMA reserves the right to refuse registration, suspend, or terminate accounts at its discretion — including for fraudulent activity, violation of these Terms, or activity that may harm THUMA's reputation or infrastructure.

4. Merchant Obligations

• Accurate Product Information: Merchants must provide accurate product descriptions, pricing, inventory levels, and — critically — accurate weight and dimensions for every product listed. Shipping rates are calculated based on the weight and dimensions you provide.
• Lawful Products: Merchants may only sell products that are legal in South Africa. Prohibited items include — but are not limited to — illegal drugs, weapons, counterfeit goods, stolen property, and any item restricted by South African law.
• Fulfilment: Merchants are responsible for fulfilling orders within the timeframes they advertise. THUMA provides courier integration, waybill generation, and tracking — but the Merchant is responsible for packing, handing over parcels, and ensuring items match their listing.
• Customer Service: Merchants are responsible for handling customer inquiries, complaints, and returns in compliance with the Consumer Protection Act, 2008 (CPA).
• POPIA Compliance: Merchants collecting customer data through their Store are Responsible Parties under POPIA and must comply with all applicable data protection obligations.

5. Fees and Payments

• Subscription Fees: Monthly or per-item fees as selected in your plan. Fees are charged in South African Rand (ZAR) and are non-refundable except as required by law.
• Gateway Fees: Payment processing fees are charged by Peach Payments and deducted from each transaction. These fees are disclosed at checkout and vary by payment method.
• Settlement Fees: When THUMA settles funds to a Merchant, a settlement fee may apply: 2% for daily settlement, 1% for weekly settlement, and 0% for monthly settlement.
• Settlement Timing: Funds settle according to the schedule chosen by the Merchant (daily, weekly, or monthly). Settlement dates are calendar-anchored for weekly and monthly schedules. THUMA is not responsible for delays caused by banking systems, payment processor holds, or force majeure.
• Taxes: Merchants are responsible for all taxes associated with their sales, including VAT. THUMA provides SARS-compliant invoicing tools but does not file taxes on behalf of Merchants.

7. Wallet and Settlement Balance

• Wallet Balance: Each Merchant holds a settlement wallet. Customer payments (net of gateway fees) are credited to this wallet. Subscription fees, settlement fees, courier overcharges, and any other THUMA fees are deducted from this wallet.
• Negative Balance: A Merchant must not allow their wallet balance to become negative. If a negative balance occurs, THUMA may suspend the Store and withhold settlement until the balance is restored.
• Payouts: Settlement payouts are processed according to the Merchant's chosen schedule. THUMA processes payouts on business days and is not responsible for delays caused by the Merchant's bank.
• No Interest: Wallet balances do not earn interest.

8. Courier and Delivery

• THUMA integrates with third-party courier services (The Courier Guy, PUDO, Aramex, RAM, CourierIT) to provide shipping rates, waybill generation, and tracking. THUMA is not a courier and does not handle parcels.
• Courier performance — including delivery times, lost parcels, damaged goods, and tracking accuracy — is the responsibility of the courier, not THUMA. THUMA provides tools to file claims and track disputes but does not guarantee courier service levels.
• Merchants are strongly encouraged to insure high-value shipments independently.

9. Returns and Refunds

• Merchants set their own return policies, which must comply with the Consumer Protection Act (CPA) and the Electronic Communications and Transactions Act (ECTA).
• THUMA provides a returns engine that checks the Merchant's wallet balance before approving a return. If the Merchant's wallet cannot cover the refund and return waybill, THUMA will not advance funds on the Merchant's behalf.
• Disputes between Merchants and Customers regarding returns, refunds, or product quality are between those parties. THUMA may mediate but is not a party to the transaction.

10. Intellectual Property

• Merchant Content: Merchants retain ownership of their product images, descriptions, logos, and store branding. By listing on THUMA, Merchants grant THUMA a limited, non-exclusive licence to display that content on the platform, in the marketplace, and in promotional materials.
• THUMA IP: The THUMA name, logo, platform code, design, and infrastructure are the exclusive property of THUMA Commerce. Merchants may not copy, modify, distribute, or reverse-engineer the platform.
• Third-Party IP: Merchants must not upload content that infringes on the intellectual property rights of others. THUMA will remove infringing content upon notification.

11. Acceptable Use

Merchants agree not to:

• Use the Service for any unlawful purpose or in violation of South African law
• Upload malicious code, malware, or attempt to compromise the platform's security
• Scrape, mine, or harvest data from the Service without written permission
• Interfere with other Merchants' use of the Service
• Use the Service to send unsolicited commercial communications (spam)
• Misrepresent your identity or affiliation

12. Termination

• Merchants may cancel their account at any time from the Dashboard. Cancellation takes effect at the end of the current billing period.
• THUMA may suspend or terminate a Merchant's account for violation of these Terms, fraudulent activity, extended non-payment, or any conduct that may harm THUMA, other Merchants, or Customers.
• Upon termination, Merchants must pay all outstanding fees. THUMA will settle any remaining wallet balance within 30 days.
• Provisions regarding intellectual property, limitation of liability, and governing law survive termination.

13. Limitation of Liability

• The Service is provided "as is" and "as available" without warranties of any kind, express or implied.
• THUMA is not liable for: (a) lost profits, revenue, or data; (b) indirect, incidental, special, or consequential damages; (c) courier errors, delays, or lost parcels; (d) payment processor errors or downtime; (e) third-party service outages; (f) any damages exceeding the total fees paid by the Merchant in the 6 months preceding the claim.
• THUMA's total liability for any claim arising from these Terms or the Service is limited to the fees paid by the Merchant to THUMA in the 6 months preceding the claim.
• Nothing in these Terms limits liability for death, personal injury, fraud, or any liability that cannot be excluded under South African law.

14. Indemnification

Merchants agree to indemnify and hold harmless THUMA, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: (a) the Merchant's violation of these Terms; (b) the Merchant's products or services; (c) the Merchant's violation of any third-party rights, including intellectual property; (d) the Merchant's failure to comply with applicable law, including POPIA and the CPA.

15. Service Availability

THUMA aims for 99.5% uptime but does not guarantee uninterrupted access. Planned maintenance is communicated in advance. THUMA is not liable for downtime caused by third-party infrastructure providers (Vercel, Neon, Cloudflare) or force majeure events.

16. Changes to Terms

THUMA may update these Terms from time to time. Material changes will be communicated via email to active Merchants at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing Law and Disputes

• These Terms are governed by the laws of the Republic of South Africa.
• Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
• Before initiating litigation, the parties agree to attempt to resolve the dispute through good-faith negotiation and, if necessary, mediation.

18. Contact

• Email: legal@thuma.store
• Postal: THUMA Commerce, South Africa
• For support inquiries: support@thuma.store