These draft terms represent the commercial framework of SnagSwift (a product of T.H.E Apps, South Africa) for pilot and early access evaluation. They are subject to formal legal revision prior to general commercial availability.
Last Updated: March 2026 | Governing Law: Republic of South Africa
1. The Service & Professional Duty of Care
SnagSwift is a digital defect management and inspection documentation utility. It facilitates the recording, photographic documentation, trade assignment, and close-out communication of construction defects.
Professional Boundary Clause
SnagSwift is not an engineering, architectural, or statutory inspection authority. The software, including any AI-assisted drafting features, does not certify, guarantee, or legally sign off the quality, safety, or regulatory compliance of any construction works. All professional evaluations, defect assessments, and handover sign-offs remain the sole responsibility of the qualified human professional (architect, engineer, inspector, or contractor).
2. Subscription, Projects & Free Contractor Participation
Subscriptions are licensed on an organizational tier basis (e.g. single practice, multi-project, or enterprise).
- No Contractor Penalty: The Customer is permitted to invite external trade contractors and subcontractors to view, update, and submit completion evidence for assigned snags without incurring additional per-contractor seat licensing fees.
- Fair Use: AI-assisted features (Refine Description, Vision Analysis) and storage are provided subject to fair professional usage thresholds aligned with the Customer's subscription scale.
3. Customer Data & Intellectual Property
You own your data. The Customer retains all right, title, and interest in and to all architectural plans, drawings, defect records, photographs, and notes uploaded to SnagSwift.
SnagSwift is granted a limited, non-exclusive license to store, process, and transmit Customer Data solely to the extent necessary to deliver the service to the Customer and its authorized project participants.
4. Offline Operation & Data Synchronisation
SnagSwift provides offline inspection capabilities on mobile devices. The Customer acknowledges that local device data is temporary and must be synchronized with SnagSwift cloud servers upon regaining network connectivity. While SnagSwift utilizes robust conflict resolution mechanisms, SnagSwift shall not be liable for data loss caused by unauthorized device tampering, hardware destruction, or deliberate uninstallation of unsynchronized client applications.
5. Service Availability & Maintenance
SnagSwift aims for high availability across our web application and API synchronization endpoints. Routine maintenance is scheduled outside core operational hours where feasible. [VERIFICATION REQUIRED: Formal Service Level Agreement (SLA) commitments for Enterprise tiers].
6. Limitation of Liability
To the maximum extent permitted by South African law, neither SnagSwift nor its parent entity (T.H.E Apps) shall be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of construction profits, project delay penalties, or site downtime arising out of or related to the use of the service.
7. Termination & Data Retrieval
Either party may terminate the subscription agreement in accordance with the agreed commercial order form. Upon termination, the Customer retains the right to export all defect schedules and photographic records within a defined retrieval window prior to tenant sanitization.
8. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of these terms shall be subject to the exclusive jurisdiction of the competent courts of South Africa.
Contact our commercial team at hello@snagswift.app.