Terms & Conditions

Welcome to iHeart Digital (“iHeart Digital”, “we”, “our”, or “us”). These Terms and Conditions govern your use of our website, services, software applications, and digital marketing management platform known as iHeart CNTRL.

By accessing our website, engaging our services, or using iHeart CNTRL, you agree to be bound by these Terms and Conditions.

If you do not agree with these Terms, please discontinue use of our website, services, and software.

iHeart Digital is a South African digital marketing agency providing services including, but not limited to:

• Digital marketing strategy
• Social media management
• Social media advertising
• Content creation
• Website design and development
• Search engine optimisation (SEO)
• Pay-per-click advertising
• Email marketing
• Digital consulting
• Marketing automation
• Analytics and reporting

iHeart CNTRL is a proprietary software platform developed and owned by iHeart Digital.

The platform is currently available by invitation only and is intended for:

• Internal operational use by iHeart Digital
• Existing clients of iHeart Digital
• Approved users granted access by iHeart Digital

Access to iHeart CNTRL may be revoked, suspended, or restricted at any time without notice at our sole discretion.

We reserve the right to modify, discontinue, restrict, or expand any feature of the platform without prior notice.

Users granted access to iHeart CNTRL agree to:

• Provide accurate and complete information
• Maintain the confidentiality of login credentials
• Notify iHeart Digital immediately of any unauthorised access
• Accept responsibility for all activities conducted through their account

Users may not:

• Share account credentials
• Transfer access to unauthorised persons
• Attempt to gain access to restricted areas of the platform
• Reverse engineer, copy, or replicate any component of the software

iHeart CNTRL may integrate with third-party platforms including but not limited to:

• Facebook
• Instagram
• LinkedIn
• X (formerly Twitter)
• Google
• YouTube
• TikTok
• WhatsApp
• Other social media and advertising platforms

Users acknowledge that:

• Third-party platforms operate independently of iHeart Digital
• Platform functionality may change without notice due to actions taken by third-party providers
• iHeart Digital cannot guarantee uninterrupted access to any third-party service
• Third-party terms and conditions may apply

Users may use iHeart CNTRL to create, schedule, edit, and publish content to connected digital channels.

While iHeart Digital makes reasonable efforts to ensure reliable publishing functionality, we do not guarantee:

• Successful delivery of scheduled content
• Continuous availability of social media APIs
• Uninterrupted platform performance
• Publication timing where external platform interruptions occur

Users remain solely responsible for reviewing and approving content before publication.

Clients agree to:

• Supply accurate information and content
• Ensure they own or have permission to use submitted content
• Maintain lawful access to connected social media accounts
• Review and approve content where required

Clients remain responsible for all content published under their brands, accounts, and social media profiles.

All intellectual property associated with:

• iHeart Digital
• iHeart CNTRL
• Software code
• Branding
• Logos
• Graphics
• Workflows
• Documentation

remains the exclusive property of iHeart Digital unless otherwise agreed in writing.

No licence or ownership rights are transferred to users except for the limited right to access and use the platform as authorised.

Users may not:

• Upload unlawful content
• Publish defamatory, offensive, discriminatory, or harmful content
• Violate intellectual property rights
• Attempt to disrupt platform operations
• Introduce malware or malicious code
• Use the platform for spam, fraudulent activity, or unlawful marketing practices

iHeart Digital reserves the right to remove content and suspend accounts that violate these provisions.

Where services are provided under a proposal, quotation, service agreement, or monthly retainer:

• Fees shall be payable according to the agreed payment terms
• Late payments may result in suspension of services
• Outstanding accounts may incur interest as permitted by applicable law
• All fees are exclusive of VAT unless otherwise stated

We strive to maintain reliable access to our services and software.

However, we do not guarantee that:

• The website will always be available
• iHeart CNTRL will operate without interruption
• Errors will not occur
• All features will remain permanently available

Maintenance, upgrades, outages, and third-party disruptions may affect service availability.

To the maximum extent permitted by law, iHeart Digital shall not be liable for:

• Indirect losses
• Consequential damages
• Loss of profits
• Loss of revenue
• Loss of business opportunities
• Loss of data
• Platform downtime
• Third-party service interruptions

Our total liability arising from any claim shall not exceed the fees paid by the client to iHeart Digital during the three-month period immediately preceding the claim.

Users agree to indemnify and hold harmless iHeart Digital, its directors, employees, contractors, and affiliates from any claims, damages, liabilities, costs, or expenses arising from:

• User content
• Breach of these Terms
• Misuse of the platform
• Violation of third-party rights

Both parties agree to treat confidential business information as confidential and not disclose such information to unauthorised third parties unless required by law.

iHeart Digital is committed to protecting personal information in accordance with applicable South African legislation, including the Protection of Personal Information Act (POPIA).

Users should also review our Privacy Policy for further details regarding the collection, storage, and processing of personal information.

We reserve the right to:

• Suspend user accounts
• Restrict access
• Remove content
• Terminate platform access

where we reasonably believe these Terms have been violated.

Termination does not affect any accrued rights or obligations.

iHeart Digital may update these Terms and Conditions at any time.

The latest version will be published on our website and shall become effective upon publication.

Continued use of our services constitutes acceptance of the revised Terms.

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Any disputes arising under these Terms shall be subject to the jurisdiction of the South African courts.

iHeart Digital

Website: www.iheartdigital.co.za

Email: info@iheartdigital.co.za

For legal, privacy, or platform-related enquiries, please contact us using the details above.