Terms & Conditions
These Terms and Conditions ("Terms") constitute a legally binding agreement between SkyL4rk (Pty) Ltd ("SkyL4rk", "we", "us", or "our"), a company registered in the Republic of South Africa, and any individual, business, or entity ("Merchant", "Client", "you", or "your") that registers for, accesses, or uses the xCrypt platform and associated APIs.
By creating an account, accepting these Terms during onboarding, or accessing any xCrypt API or dashboard, you agree to be bound by these Terms in full. If you do not agree, you must immediately cease use of the Service.
1. Definitions
For purposes of these Terms, the following definitions apply:
| Term | Definition |
|---|---|
| Service | The xCrypt platform, including the dashboard, REST API, license management system, webhook infrastructure, and all related tooling provided by SkyL4rk. |
| Merchant | A registered account holder who accesses the Service to manage licenses and API credentials for their own products or on behalf of their clients. |
| Sub-Client | A downstream entity registered by a Merchant through the xCrypt API — for example, a customer of the Merchant's SaaS product who is issued a license key via the Merchant's integration. |
| API Key | A unique credential issued to a Merchant or Sub-Client that authenticates requests to the xCrypt API. |
| License Key | A unique, cryptographically generated key issued to a Sub-Client by a Merchant, representing an entitlement to use a defined software product or service. |
| Plan | A subscription tier (Developer, Starter, Growth, or Enterprise) that defines the capacity limits, features, and pricing applicable to a Merchant account. |
| Usage Period | The calendar month or agreed billing cycle during which a Plan's included capacity is made available. |
| Capacity | The number of included API validations, license activations, and other defined operations available under a Plan during a Usage Period. |
| Overage | Usage that exceeds the included Capacity for a given Usage Period, subject to additional charges. |
2. Account Registration and Access
2.1 Eligibility
You must be at least 18 years of age and legally capable of entering into binding contracts to register for the Service. By registering, you represent and warrant that all information provided is accurate, current, and complete.
2.2 Account Credentials
You are solely responsible for maintaining the confidentiality of your account credentials, API keys, and license keys. You must:
- Use strong, unique passwords and enable two-factor authentication where available
- Not share your API key with unauthorised parties
- Notify SkyL4rk immediately at legal@xcrypt.co.za if you suspect any unauthorised access
SkyL4rk is not liable for any loss or damage arising from your failure to secure your credentials.
2.3 Business Accounts
If you register on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms. The entity will be the Merchant of record and bears full responsibility for compliance.
3. Description of the Service
xCrypt provides API key management, software license key generation, license validation, activation tracking, revocation controls, and webhook notification infrastructure. The Service is designed for use by software businesses, SaaS operators, and technology integrators who need to manage licensing and entitlements for their products and customers.
3.1 Sub-Client Authorisation
Merchants are explicitly authorised to use the xCrypt API to register, issue credentials to, and manage their own downstream clients ("Sub-Clients"), subject to the following conditions:
- Sub-Client registrations must be for legitimate business purposes consistent with the Merchant's own product or service offering
- The Merchant remains fully responsible for the conduct of their Sub-Clients in relation to credentials issued through the Merchant's API key
- Merchants may not resell xCrypt as a standalone white-label service without a separate written agreement with SkyL4rk
- Sub-Clients do not have a direct contractual relationship with SkyL4rk unless separately registered as Merchants in their own right
- Merchants must maintain their own terms, privacy policies, and agreements with Sub-Clients governing the use of issued license keys
4. Subscription Plans and Capacity Model
4.1 Capacity-Based Billing
xCrypt operates on a capacity-based subscription model. By subscribing to a Plan, you purchase the right to operate within a defined scale of usage for each Usage Period. You are not purchasing consumable units, tokens, or credits.
4.2 Plan Tiers
The following Plans are available. Pricing and limits are as published on the xCrypt pricing page at the time of subscription and may be updated with notice as described in Section 14:
| Plan | Monthly Price (USD) | Licenses Included | Validations / Month | Activations per License | Webhooks |
|---|---|---|---|---|---|
| Developer | $0 | 100 | 1,000 | 1 | No |
| Starter | $25 | 1,000 | 50,000 | 3 | Yes |
| Growth | $79 | 10,000 | 500,000 | 5 | Yes |
| Enterprise | From $299 | Custom | Custom | Custom | Yes |
4.3 Overage Charges
If your usage exceeds the included capacity of your Plan during a Usage Period, overage charges will apply at the per-unit rate associated with your Plan. Overage is calculated at the end of each Usage Period and added to the following month's invoice. SkyL4rk may, at its discretion, throttle or suspend API access if excessive overage is detected without a corresponding upgrade or agreement.
4.4 Plan Changes
You may upgrade your Plan at any time, effective immediately, with the new Plan's pricing applied pro-rata for the remainder of the current Usage Period. Downgrades take effect at the start of the next Usage Period. SkyL4rk reserves the right to refuse a downgrade where it would result in current usage exceeding the lower Plan's limits.
4.5 Developer Plan Conditions
The Developer Plan is provided free of charge for development, testing, and internal use. It may not be used to serve paying customers or production environments at scale. Accounts detected using the Developer Plan for production commercial purposes may be migrated to a paid Plan at SkyL4rk's discretion.
5. API Keys and License Keys
5.1 Permitted Use
API keys and license keys issued through the Service may only be used for their intended purpose — authenticating API requests and establishing software entitlements respectively. You may not:
- Share, sell, or transfer API keys to third parties outside your organisation without SkyL4rk's written consent
- Attempt to forge, replicate, or reverse-engineer license key generation logic
- Use the API to probe, stress-test, or exploit the xCrypt infrastructure beyond your contracted usage
- Use issued credentials to circumvent or undermine licensing controls for any software product
5.2 Sub-Client Distribution
As described in Section 3.1, Merchants are expressly permitted to distribute license keys to their Sub-Clients via the API as part of their legitimate product offering. This constitutes authorised use and does not constitute "sharing" for the purposes of the restriction above.
5.3 Key Revocation
SkyL4rk reserves the right to revoke any API key or license key without notice where there is evidence of misuse, abuse, breach of these Terms, or where required by law. Merchants may revoke their own Sub-Client license keys through the dashboard or API at any time.
6. Payment and Billing
6.1 Payment Terms
Paid Plans are billed monthly in advance. Invoices are generated at the start of each Usage Period. Overage charges are billed in arrears at the end of each Usage Period. Payment is due within 14 days of invoice date unless otherwise agreed in writing.
6.2 Payment Methods
SkyL4rk accepts payment via PayFast and other methods as made available in the billing portal. Payment processing is handled by PCI-DSS compliant third-party providers. SkyL4rk does not store payment card details.
6.3 Late Payment
Failure to pay within the payment period may result in:
- Suspension of API access and license validation functionality
- Interest on overdue amounts at the statutory rate under the National Credit Act or applicable law
- Referral to a collections process after 30 days of non-payment
6.4 Taxes
All prices are exclusive of applicable taxes unless stated otherwise. South African Merchants may be subject to VAT at the prevailing rate. International Merchants are responsible for any applicable local taxes.
6.5 Refund Policy
Given the capacity-based nature of our billing model, subscription fees are non-refundable once a Usage Period has commenced. Exceptions may be made at SkyL4rk's sole discretion in cases of documented service failure covered under the SLA.
7. Data Privacy
SkyL4rk processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and, where applicable, the General Data Protection Regulation (GDPR). Full details are set out in our Privacy Policy.
Where Merchants process personal data of their Sub-Clients using the xCrypt platform, SkyL4rk acts as a data processor and the Merchant acts as the data controller. These obligations are governed by the Data Processing Agreement, which is incorporated into these Terms by reference.
8. Security Obligations
SkyL4rk implements industry-standard security controls as described in our Security Policy. You agree to:
- Implement appropriate security measures in your own systems that integrate with the xCrypt API
- Not transmit malicious code, scripts, or payloads via the API
- Report any discovered vulnerabilities responsibly to legal@xcrypt.co.za rather than exploiting them
- Not conduct penetration testing or vulnerability scanning of xCrypt infrastructure without prior written consent
9. Fair Use and Acceptable Use
You must use the Service in good faith and within the scope of your Plan. The following are prohibited:
- Automated abuse of the API beyond your contracted validation volumes
- Using the Service in connection with any unlawful activity
- Attempting to access other Merchants' data or API credentials
- Using the Service to validate licenses for software you do not own or have rights to distribute
- Artificially inflating usage to claim service credits under the SLA
- Using the Developer Plan to serve commercial production traffic
SkyL4rk reserves the right to throttle, suspend, or terminate access to any account where acceptable use violations are detected, with or without prior notice depending on the severity of the breach.
10. Uptime and Service Levels
SkyL4rk commits to the uptime and support levels described in the Service Level Agreement, which is incorporated into these Terms by reference. Service credits available under the SLA constitute your sole remedy for service unavailability.
11. Intellectual Property
All intellectual property rights in the xCrypt platform, including but not limited to the source code, API architecture, user interface, branding, documentation, and cryptographic methods, are and remain the exclusive property of SkyL4rk (Pty) Ltd.
These Terms do not grant you any ownership interest in the Service. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely in accordance with these Terms and your Plan.
You must not:
- Reverse-engineer, decompile, or attempt to extract source code from any part of the Service
- Copy, reproduce, or create derivative works based on the Service or its components
- Remove or obscure any intellectual property notices from the Service
- Use SkyL4rk or xCrypt branding without prior written consent
12. Limitation of Liability
To the maximum extent permitted by applicable law:
- SkyL4rk's total aggregate liability to you under or in connection with these Terms shall not exceed the total fees paid by you in the three months immediately preceding the event giving rise to the claim
- SkyL4rk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of data, loss of business, or loss of profits, even if advised of the possibility of such damages
- SkyL4rk is not liable for the actions, omissions, or data of your Sub-Clients
- SkyL4rk is not liable for losses caused by your failure to secure your API credentials
Nothing in these Terms excludes liability for fraud, gross negligence, death, or personal injury caused by SkyL4rk's wilful misconduct.
13. Indemnification
You agree to indemnify, defend, and hold harmless SkyL4rk and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms
- Your use of the Service in violation of applicable law
- Claims by your Sub-Clients arising from your management of their license keys or data
- Any third-party claim arising from content or data you submit to the Service
14. Changes to the Service and These Terms
SkyL4rk reserves the right to modify the Service, including features, Plan limits, and pricing, at any time. For material changes:
- Plan pricing changes will be communicated via email at least 30 days before taking effect for existing subscribers
- Changes to Plan capacity limits will be communicated at least 14 days in advance
- Changes to these Terms will be communicated via email and dashboard notice at least 14 days before taking effect
Continued use of the Service after the effective date of any changes constitutes acceptance. If you do not accept a material change, you may terminate your account before the change takes effect and receive a pro-rata refund of any prepaid fees for the unused portion of the period.
15. Term and Termination
15.1 Term
These Terms commence on the date you create an account or first access the Service and continue until terminated by either party.
15.2 Termination by You
You may terminate your account at any time via the dashboard. Termination takes effect at the end of the current Usage Period unless you request immediate termination. No refunds are provided for remaining prepaid capacity upon voluntary termination, except where a material change to these Terms has been made as described in Section 14.
15.3 Termination by SkyL4rk
SkyL4rk may suspend or terminate your account immediately and without prior notice if:
- You breach any material provision of these Terms and fail to remedy the breach within 7 days of written notice
- You engage in fraudulent, abusive, or illegal activity using the Service
- Payment remains outstanding for more than 30 days
- We are required to do so by law or court order
15.4 Effect of Termination
Upon termination, your access to the Service will cease. License keys issued through your account will be revocable. SkyL4rk will retain and delete your data in accordance with the Data Retention Policy. Provisions of these Terms that by their nature should survive termination (including Sections 11, 12, 13, 16, and 17) shall survive.
16. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall first be referred to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to the jurisdiction of the competent courts of KwaZulu-Natal, South Africa.
Where a Merchant is based outside South Africa, the parties agree that South African law governs, but SkyL4rk may seek injunctive relief in any jurisdiction to protect its intellectual property or confidential information.
17. General
- Entire Agreement: These Terms, together with the Privacy Policy, DPA, SLA, and Data Retention Policy, constitute the entire agreement between you and SkyL4rk regarding the Service and supersede all prior discussions or agreements.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
- Waiver: Failure by SkyL4rk to enforce any right under these Terms does not constitute a waiver of that right.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without SkyL4rk's prior written consent. SkyL4rk may assign its rights in connection with a merger, acquisition, or sale of assets.
- Force Majeure: Neither party shall be liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, power failures, internet disruptions, or acts of government.
18. Contact
- General: legal@xcrypt.co.za
- Legal: legal@xcrypt.co.za
- Support: legal@xcrypt.co.za
- Registered Office: SkyL4rk (Pty) Ltd, Ballito, KwaZulu-Natal, South Africa