Terms of Use
Last updated: June 2025
These Terms of Use ("Terms") govern your access to and use of elasticbean.com, www.elasticbean.com and any related sub-domain (the "Website"), operated by Elastic Bean Software ("Elastic Bean", "we", "us" or "our").
By accessing or using the Website, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Website.
Pre-launch notice. Our products — Beanstalk People, Bean Sprouts, Bean Charts and Bean Lucid — are not yet generally available. The Website is currently an informational and early-access platform. Nothing on the Website constitutes a binding offer to provide any product or service. When our products launch, separate product terms (such as a Master Subscription Agreement) will govern their use.
1. Supplier information
In accordance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the following information is provided:
| Full legal name (EU) | Elastic Bean Software Limited |
| EU registration number | 814004 |
| EU registered address | Ballinastoe, Roundwood, Co. Wicklow, A98 YV67, Ireland |
| Website | elasticbean.com / www.elasticbean.com |
| Contact email | hello@elasticbean.com |
2. Eligibility
You may use the Website only if you are at least 18 years old and able to form a legally binding contract. By using the Website, you confirm that you meet these requirements. If you use the Website on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms.
3. Pre-launch status and early access
3.1 The Website provides information about Elastic Bean and its forthcoming products, and allows you to register interest or request early access.
3.2 Submitting an early-access request does not create any obligation on us to provide you with access to any product, nor any guarantee as to availability, timing, features, pricing or service levels. Any descriptions of products, capabilities, uptime or other metrics are forward-looking and indicative only and may change without notice.
3.3 Where early access is offered, it may be provided on an evaluation basis, "as is", and subject to additional terms that we will make available at that time.
4. Permitted use
You may use the Website for lawful purposes only and in a manner consistent with these Terms. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Website for your personal or internal business purposes.
5. Prohibited conduct
You agree not to:
- —use the Website in any way that breaches any applicable law or regulation;
- —attempt to gain unauthorised access to the Website, its servers, or any connected systems or networks;
- —introduce viruses, malware or any other harmful or disruptive code;
- —use any automated means (bots, scrapers, crawlers) to access, harvest or copy content, except as permitted by our robots.txt;
- —circumvent, disable or interfere with security-related features (including CAPTCHA or rate limiting);
- —submit false, misleading or fraudulent information through any form;
- —use the Website to transmit unsolicited communications, spam or unlawful content;
- —copy, reproduce, modify, distribute or create derivative works from the Website or its content except as expressly permitted; or
- —use the Website in any manner that could damage, disable, overburden or impair it.
We reserve the right to restrict or terminate your access to the Website if you breach these Terms.
6. Intellectual property
6.1 All content on the Website — including text, graphics, logos, the Elastic Bean ribbon monogram, product names (Bean Lucid, Gap Proof, Bean Sprouts, Beanstalk People, Buzdesk), design, layout, icons, images and software — is owned by or licensed to Elastic Bean and is protected by copyright, trademark and other intellectual property laws.
6.2 The names "Elastic Bean", our product names and our logos are trademarks of Elastic Bean. You may not use them without our prior written permission.
6.3 Except as expressly permitted in these Terms, you may not reproduce, distribute, publicly display or otherwise exploit any Website content without our prior written consent.
7. Submissions and feedback
If you send us ideas, suggestions, feedback or other materials regarding the Website or our products ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce and incorporate that Feedback for any purpose, without obligation or compensation to you. You confirm that any Feedback you provide is your own and does not infringe the rights of any third party.
8. Electronic communications
When you submit a form or email us, you consent to receiving electronic communications from us in connection with your enquiry or early-access request. You may opt out of non-essential communications at any time using the unsubscribe mechanism provided or by contacting us. We will handle your information in accordance with our Privacy Policy.
9. Third-party links and services
The Website may contain links to third-party websites or rely on third-party services (such as Microsoft Azure, our email hosting provider and Cloudflare). We do not control and are not responsible for the content, policies or practices of any third party. Links are provided for convenience only and do not imply endorsement.
10. Disclaimers
10.1 The Website and all content are provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement, to the maximum extent permitted by law.
10.2 We do not warrant that the Website will be uninterrupted, error-free, secure or free of viruses or other harmful components, or that any information on it is complete, accurate or current.
10.3 Nothing in these Terms excludes or limits any rights you may have under the Consumer Protection Act 68 of 2008 or other applicable law that cannot lawfully be excluded.
11. Limitation of liability
To the maximum extent permitted by law, Elastic Bean, its directors, employees and service providers will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of, or inability to use, the Website — whether based on contract, delict (tort), statute or otherwise — even if we have been advised of the possibility of such damages.
Where liability cannot be excluded, our total aggregate liability arising out of or relating to the Website is limited to the greater of (a) the amount you paid us to access the Website (if any), or (b) ZAR 1,000.
12. Indemnity
You agree to indemnify and hold harmless Elastic Bean and its directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or connected with your breach of these Terms or your misuse of the Website.
13. Privacy
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use and protect your personal information in accordance with POPIA and, where applicable, the GDPR.
14. Changes to the Website and these Terms
14.1 We may modify, suspend or discontinue any part of the Website at any time without notice.
14.2 We may update these Terms from time to time. The "Last updated" date indicates when they were last revised. Your continued use of the Website after changes take effect constitutes acceptance of the revised Terms. We encourage you to review them periodically.
15. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict-of-law principles. You agree to submit to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising out of or in connection with these Terms or the Website.
If you access the Website as a consumer from within the European Union, the United Kingdom or another jurisdiction whose law affords you mandatory protections that cannot be excluded by agreement, nothing in these Terms deprives you of those protections or of the right to bring proceedings in the courts of your place of residence where that law so provides.
16. General
16.1 Severability. If any provision of these Terms is found to be unlawful or unenforceable, that provision will be severed and the remaining provisions will continue in full force.
16.2 No waiver. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
16.3 Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding your use of the Website.
16.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets.
17. Contact us
For questions about these Terms:
Elastic Bean Software
Elastic Bean Software Limited, Ballinastoe, Roundwood, Co. Wicklow, A98 YV67, Ireland
Email: hello@elasticbean.com
This document is a template provided for convenience and does not constitute legal advice. We recommend that it be reviewed by a qualified South African legal practitioner before publication.