Terms of Service

Effective 28 April 2026

1. Acceptance

By using spike-r.com or any app published by Spike Reality Development (“Spike,” “we,” “us”), you agree to these Terms of Service. If you do not agree, please do not use the service.

2. Scope

These terms cover use of spike-r.com and any mobile or desktop application Spike publishes under its own developer accounts on Google Play, the Apple App Store, or other distribution platforms. Apps published under client developer accounts are governed by the client's own terms.

Consultancy engagements with Spike — for example custom software development, advisory work, or staff augmentation — are governed by separately signed master service agreements and statements of work between Spike and the client, not by these terms.

3. Licence to use the apps

Subject to these terms and the applicable platform terms (Apple Media Services Terms and Conditions and the Google Play Terms of Service), we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use each app for your personal or internal business use on devices that you own or control.

4. Acceptable use

You agree not to: reverse engineer, decompile, or disassemble the apps except to the extent expressly permitted by law; scrape, abuse, or overload the website or backend services; attempt to compromise the security or integrity of the service; infringe the rights of others; submit unlawful content; or use the service in any way that would violate the policies of Apple, Google, or another distribution platform.

5. AI assistant disclaimer

The AI assistant on the website generates responses with a large language model. Its output may be inaccurate, incomplete, or out of date, and is not a substitute for professional advice — including legal, financial, medical, or engineering advice. Verify important information independently before relying on it.

6. Intellectual property

All site and app content, code, branding, logos, and trademarks are owned by Spike Reality Development or its licensors. Nothing in these terms grants you ownership of, or rights in, that intellectual property beyond the limited licence described above.

7. User content

Where an app or site feature lets you submit content, you retain ownership of that content and grant Spike a worldwide, royalty-free, non-exclusive licence to host, store, transmit, and display it solely for the purpose of operating and improving the service. You are responsible for ensuring you have the rights to submit any content you submit.

8. In-app purchases and subscriptions

Purchases and subscriptions made inside our apps are processed by Apple or Google through their billing systems. Refunds, cancellations, and subscription management follow Apple's and Google's policies; we do not process refunds directly.

9. Disclaimer of warranties

Please read this clause carefully — it sets out what Spike does and does not warrant.To the maximum extent permitted by law, the website and apps are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.

10. Limitation of liability

Please read this clause carefully — it limits Spike's liability to you.To the maximum extent permitted by law, Spike will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill arising from your use of the service. Spike's aggregate liability for all claims relating to the service will not exceed the total fees you have paid us in the twelve months preceding the claim.

What this clause does not limit.Nothing in these terms limits or excludes Spike's liability for death or personal injury caused by gross negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the South African Consumer Protection Act 68 of 2008 or other applicable law.

11. Indemnification

You agree to indemnify and hold Spike harmless from any claim, demand, or expense (including reasonable legal fees) arising from your misuse of the service, your breach of these terms, or your violation of any third-party right.

12. Termination

Spike may suspend or terminate your access to the service at any time for breach of these terms or for legal or operational reasons. You may stop using the service at any time.

13. Governing law and disputes

These terms are governed by the laws of the Republic of South Africa. Any dispute arising out of or in connection with these terms is subject to the exclusive jurisdiction of the South African courts, save for any mandatory consumer protections that apply in your jurisdiction.

14. Apple App Store — additional terms

The following terms apply when you download and use one of our apps from the Apple App Store. They are required by Apple and apply in addition to the rest of these terms.

• Parties: these terms are between you and Spike. Apple is not a party to these terms and is not responsible for the app or its content.
• Scope of licence:the licence granted to you is limited to a non-transferable licence to use the app on any Apple-branded device that you own or control, and as permitted by the Usage Rules in Apple's Media Services Terms and Conditions.
• Maintenance and support: Spike, not Apple, is responsible for providing any maintenance and support for the app.
• Warranty: Spike, not Apple, is responsible for any warranty for the app, whether express or implied by law. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.
• Product claims: Spike, not Apple, is responsible for addressing any claims relating to the app or your possession or use of the app, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and intellectual property claims.
• Intellectual property claims:Spike, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of any third-party claim that the app or your use of it infringes that third party's intellectual property rights.
• Legal compliance:you represent and warrant that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
• Third-party terms: you must comply with applicable third-party agreement terms (for example, your wireless data services agreement) when using the app.
• Third-party beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these terms, and upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.

15. Google Play — additional terms

Apps distributed through Google Play are also governed by the Google Play Terms of Service. In the event of a conflict between these terms and Google's terms in respect of your use of an app distributed through Google Play, the relevant Google terms govern that conflict.

16. Changes to these terms

We may update these terms from time to time. The effective date at the top of this page will be updated when we do. Continued use of the service after the effective date constitutes acceptance of the updated terms.

17. Severability and entire agreement

If any provision of these terms is held to be unenforceable, the remaining provisions will continue in full force and effect. These terms, together with any policies referenced here, constitute the entire agreement between you and Spike regarding use of the service.

18. Contact

Questions about these terms can be sent to [email protected].