Terms of Service

Acceptance of Terms

By accessing and using Damascus²⁷'s comprehensive Laboratory Information Management System (LIMS) platform and related services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use our services.

Service Description

Damascus²⁷ provides an enterprise-grade, multi-tenant LIMS platform designed for comprehensive laboratory management. Our services include:

Core Operational Modules

• Dashboard & Analytics with live statistics and performance metrics
• Client Management with complete lifecycle and site management
• Sample Management with shelf-life tracking
• Analysis Request Management with multi-sample workflows
• Analysis & Testing Workflows including General Microbiology and Shelf-Life Analysis
• Laboratory Configuration for bacteria, methods, equipment, and controls

Security & Compliance Features

• Multi-tenant architecture with strict tenant-level data isolation
• Tamper-proof audit system with integrity verification
• Encrypted session management with advanced session verification
• Role-based access control and user management
• ISO 17025 and SANAS compliance support
• GDPR and POPIA compliance framework

Reporting System

• Multi-format reports (per-sample, consolidated, detailed)
• Tenant-specific branding and custom templates
• Export options: PDF and CSV with security filtering

User Responsibilities

As a user of our LIMS platform, you agree to:

• Provide accurate and complete laboratory data and user information
• Maintain the security of your account credentials and access controls
• Use the service in compliance with applicable laboratory regulations and standards
• Follow Good Laboratory Practice (GLP) and quality management principles
• Ensure compliance with ISO 17025, SANAS, and other relevant accreditation requirements
• Not attempt to compromise system security or access unauthorised data
• Report security incidents, data discrepancies, or system issues promptly
• Export and independently retain any records you are required to hold by your accreditation body or regulator

Acceptable Use

In addition to the responsibilities above, you agree that you will not:

• Resell, sub-licence, rent, or otherwise make the platform available to any third party
• Share, pool, or rotate named-user credentials between individuals
• Conduct penetration testing, vulnerability scanning, or load testing without our prior written consent
• Scrape, crawl, or perform automated bulk extraction of platform data or interfaces
• Attempt to compromise platform security, circumvent access controls, or access another tenant's data
• Reverse engineer, decompile, or attempt to derive the source code of the platform
• Use the platform in any manner that is unlawful or that interferes with its operation for other clients

A breach of this section may result in immediate suspension of access, without prejudice to any other remedy available to Damascus27.

Named Users

A "named user" is a specific, identified individual to whom a user licence is assigned. Named-user licences are not concurrent seats: two individuals may not share a single licence, and credentials may not be rotated between people in order to reduce the number of licences purchased.

A named-user licence may be permanently reassigned where an individual leaves your organisation or changes role. Because pricing is charged per named user, we may audit active user counts and invoice for any shortfall identified.

Multi-Tenant Data Ownership and Usage

You retain full ownership of all laboratory data, sample information, and analytical results input into our LIMS platform. Damascus27 will not access, use, or share your laboratory data except:

• As necessary to provide platform services, technical support, and system maintenance
• With your explicit written consent for specific purposes
• As required by law, regulatory authorities, or accreditation bodies
• In anonymised and aggregated form for service improvement (with no identifying information)
• For security monitoring and audit trail maintenance

Our multi-tenant architecture ensures complete data isolation between different laboratory organisations with strict tenant-level data isolation.

Regulatory Compliance

While Damascus27 provides compliance-supporting features, you remain responsible for:

• Ensuring your laboratory practices meet all applicable regulatory requirements
• Maintaining accreditation with relevant bodies (SANAS, ISO 17025, etc.)
• Implementing appropriate quality management systems
• Training staff on system usage and laboratory procedures
• Regular validation of analytical methods and system functionality
• Compliance with data protection laws (GDPR, POPIA) in your jurisdiction

Service Levels

We target a monthly platform availability of 99.99%, measured across each calendar month. This target excludes planned maintenance, force majeure events, and any unavailability caused by your systems, network, or misuse of the platform.

The availability figure above is a service objective, not a guarantee. Planned maintenance will be communicated in advance wherever possible and scheduled outside peak laboratory hours where practicable.

Support Channels and Hours

Support is available 24 hours a day, 7 days a week, through the in-app support ticketing system and by email to support@damascus27.co.za. Tickets logged in-app are prioritised as they carry the diagnostic context required for faster resolution.

Response Targets by Severity

• P1 - Critical: platform unavailable or a core workflow entirely blocked with no workaround. Initial response within 1 hour, worked continuously until resolved or downgraded.
• P2 - Major: significant degradation or a feature unavailable with a workaround in place. Initial response within 4 hours.
• P3 - Minor: cosmetic issues, questions, configuration guidance, and enhancement requests. Initial response within 1 business day.

Response targets refer to the time to first substantive response, not to resolution. Severity is assigned by Damascus27 acting reasonably, in consultation with you.

Service Credits

Service credits are not offered. Failure to meet the availability target or a response target does not entitle you to a credit, rebate, or refund, save where such failure amounts to a material breach as contemplated in the Fees, Payments and Refund Policy below.

Support Scope

The following are included in your subscription: fault diagnosis and resolution, standard configuration guidance, account and access support, and general platform usage assistance.

The following are quoted separately: bespoke development and feature work, data migration beyond the scope covered by your onboarding fee, third-party integrations, on-site or extended training, and customisation beyond the reasonable customisation included in onboarding.

Backups and Disaster Recovery

Responsibility for data protection is split between the parties as follows:

• Damascus27 is responsible for platform-level backups and disaster recovery, taken daily, with retention and recovery procedures aligned to SANAS and ISO 17025 record-retention expectations. Backups are encrypted and access-controlled.
• You are responsible for exporting and independently retaining any laboratory records, reports, or audit documentation that your accreditation body, regulator, or internal quality management system requires you to hold outside the platform.

Platform-level backups are a continuity measure for the service as a whole. They are not a substitute for your own record-retention obligations, and a request to restore individual records from backup is handled on a reasonable-endeavours basis.

Security Incident Notification

Where we have reasonable grounds to believe that personal information under our control has been accessed or acquired by an unauthorised person, we will notify you as soon as reasonably possible after becoming aware of the compromise, as contemplated in section 22 of POPIA, unless a law enforcement body or the Information Regulator directs us to delay notification.

Our notification will describe, to the extent then known, the nature of the incident, the categories of information affected, the likely consequences, the remedial steps taken or planned, and the steps we recommend you take. We will provide reasonable assistance to enable you to meet your own notification obligations as a responsible party.

Intellectual Property

The Damascus27 LIMS platform, including software, documentation, and proprietary methodologies, remains the intellectual property of Damascus27. You are granted a limited, non-exclusive, non-transferable licence to use the platform for your laboratory operations for the duration of the term as defined in the Term and Termination section below, which licence terminates automatically on termination of that term.

Term and Termination

Your subscription runs on a month-to-month basis from the commencement date recorded in your accepted quotation, and renews automatically each month until terminated. The commercial terms of your subscription - including named-user licence quantities, onboarding, billing frequency and fees - are as set out in the Quotation and Billing section below.

Either party may terminate by giving 30 calendar days' written notice to the other. Termination takes effect at the end of the billing month in which the notice period expires. Written notice includes electronic mail sent to the relevant contact address.

Either party may terminate immediately on written notice where the other party commits a material breach that is not remedied within 14 days of written demand, or becomes insolvent, is placed under business rescue, or is liquidated.

Suspension for Non-Payment

Where an invoice remains unpaid after its due date, we may suspend your access to the platform after giving you at least 7 calendar days' written notice of our intention to do so. Suspension is not termination: your data is retained during suspension and access is restored promptly once the arrears are settled in full.

Suspension does not extinguish accrued fees, and fees continue to accrue during any period of suspension. Where an account remains in arrears for 30 calendar days or more following suspension, we may terminate the agreement on written notice, in which case the post-termination data retention window described below applies.

Price Variation

We may vary our fees on 30 calendar days' written notice, and no more than once in any 12-month period. Where you do not accept a price variation, you may terminate in accordance with the Term and Termination section before the new fees take effect, and the existing fees will continue to apply until termination is effective.

Trial Access

Where we make trial access available, it is provided as-is and as-available, without warranty of any kind and without any service levels, availability target, or response target. The Service Levels section does not apply to trial access.

• We may modify, suspend, or end a trial at any time, with or without notice
• Data entered during a trial may be permanently deleted if the trial is not converted to a paid subscription
• Trial environments should not be used for production laboratory records or for data on which accreditation or regulatory decisions depend
• All other provisions of these Terms, including Acceptable Use and Limitation of Liability, apply to trial access

Limitation of Liability

While we implement comprehensive security and quality measures, Damascus27 shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of laboratory data due to user error or system misuse
• Regulatory compliance failures not directly caused by platform defects
• Business interruption or loss of profits
• Fees paid for services rendered or subscription periods commenced

Our total aggregate liability to you - whether arising in contract, delict (tort), statute, or otherwise - shall not exceed the total fees actually paid by you (the claimant specifically) to Damascus27 (Pty) Ltd for the services during the twelve (12) month period immediately preceding the event giving rise to the claim. This cap applies to all claims arising out of or in connection with this agreement, whether brought individually or collectively, and regardless of the form of action or legal theory relied upon. For the avoidance of doubt, no claim may be brought against Damascus27 (Pty) Ltd in excess of the amounts paid by the claimant to the company during the relevant twelve-month period.

Data Export, Retention and Deletion After Termination

Upon termination becoming effective:

• You retain full rights to export your laboratory data
• Your data remains available for export for a period of 30 calendar days from the effective date of termination
• We provide reasonable data export assistance during that transition period
• Data is provided in standard formats (PDF and CSV) for regulatory compliance
• Audit trails and compliance documentation are included in the export

After the 30-day export window closes, your data and any personal information contained in it are permanently deleted from our production systems, and purged from backups in accordance with the ordinary backup rotation cycle, save where we are required by law to retain specific records for longer. Deletion is irreversible: it is your responsibility to complete your export within the window.

Where you require an extended retention period, this may be arranged in writing before termination takes effect and may be subject to a storage fee.

Quotation and Billing

Damascus27 issues a once-off Quotation covering the named-user licences required by your organisation and the onboarding and initial configuration of the Platform. The specific fees, licence quantities and any optional modules recorded in that Quotation are accepted by you in writing before work begins.

Following onboarding, we invoice you on a recurring basis per Billing Period - either monthly or annually, as elected in your accepted Quotation - for the ongoing use of the Platform and the user licences recorded therein. Save where you elect to add additional modules, the Quotation is not re-issued.

Where you later elect to add additional modules, a further once-off Quotation is issued for those modules on the same basis. Additional customisation, professional services, data migration, training, or third-party integrations beyond the scope of the accepted Quotation are also quoted separately and accepted in writing before work begins. All accepted quotations form part of these Terms.

Fees, Payments and Refund Policy

Subscription and user-licence fees are invoiced monthly or annually in advance, as set out in your accepted Quotation. Project deposits and fees for separately quoted work are invoiced in accordance with the quotation for that work. All fees payable to Damascus27, including but not limited to subscription fees, project deposits, annual user licence fees, and any other charges, are non-refundable once paid. By making payment, you acknowledge and agree to the following:

• Deposits paid for project work (including platform customisation, configuration, and development) are non-refundable, regardless of whether the project is completed, partially completed, or not commenced
• Any work already performed by Damascus27, whether fully or partially delivered, is deemed rendered and no refund shall be owed in respect thereof
• Subscription and user licence fees are charged in advance for the full billing period and are non-refundable for the remainder of any such period
• Pro-rata refunds are not available for early cancellation, downgrade, or reduction in usage during any billing period
• No claim for a refund shall arise from dissatisfaction with the services, provided that the services were rendered or made available in accordance with these Terms and the accepted quotation

Exceptions - Material Breach or Failure to Render

The above is subject to the following carve-outs. Where Damascus27 materially breaches these Terms and fails to remedy that breach within 14 days of written demand, or fails to render the services at all, you are entitled to a refund of fees paid in respect of the affected services, calculated pro rata for any unused portion of the billing period.

Nothing in these Terms excludes, limits, or waives any right you may have under the Consumer Protection Act 68 of 2008 where that Act applies to you, including any right of cancellation under section 14 or the right to services of a reasonably expected quality under section 54. Where a provision of this section conflicts with a right conferred by that Act on a client to whom it applies, the Act prevails to the extent of the conflict.

Cancellation

Cancellation is governed by the Term and Termination section above, requiring 30 calendar days' written notice effective at the end of the billing month. In addition:

• Upon cancellation by the client, no refund is due for fees already paid or work already performed, in accordance with the Fees, Payments and Refund Policy above and subject to the carve-outs set out in it
• Upon cancellation by Damascus27, the client shall retain access to the platform and services until the end of the current paid billing period
• Cancellation does not extinguish any outstanding payment obligations that accrued prior to the effective date of cancellation
• The client remains liable for all amounts due and payable at the date of cancellation

Force Majeure

Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money) where that failure or delay results from an event beyond its reasonable control, including but not limited to acts of God, natural disaster, fire, flood, epidemic or pandemic, war, civil unrest, terrorism, sustained failure of national electricity supply or telecommunications networks, failure of upstream cloud infrastructure providers, cyber-attack not attributable to a failure of that party's own security controls, strikes, or governmental action.

The affected party will notify the other as soon as reasonably possible and use reasonable endeavours to mitigate the effect of the event. Where a force majeure event continues for more than 30 consecutive days, either party may terminate on written notice without liability, save for amounts accrued before termination.

Variation of These Terms

We may amend these Terms from time to time. Where an amendment is material - including any change to fees, service levels, data handling, liability, or your rights of termination - we will notify you by email to your registered contact address at least 30 calendar days before the change takes effect, and the "Last updated" date on this page will be revised.

Continued use of the platform after the effective date of a notified change constitutes acceptance of the amended Terms. Where you do not accept a material change, you may terminate in accordance with the Term and Termination section before it takes effect. Non-material changes, such as clarifications of wording or corrections, take effect on publication.

Limitation of Personal Liability

Damascus27 (Pty) Ltd is a private company duly incorporated and registered in accordance with the company laws of the Republic of South Africa and constitutes a separate juristic person as contemplated in section 19(2) of the Companies Act 71 of 2008.

Accordingly, no director, shareholder, member, officer, or employee of Damascus27 (Pty) Ltd shall bear any personal liability whatsoever for the debts, obligations, liabilities, or commitments of the company, whether arising from contract, delict, statute, or otherwise. Any claim against the company shall be limited to the assets of Damascus27 (Pty) Ltd alone.

This limitation of personal liability survives the termination or expiry of this agreement and any related service contracts.

Insolvency and Cessation of Business

In the event that Damascus27 (Pty) Ltd ceases operations, enters into voluntary or compulsory liquidation, business rescue proceedings, or any analogous process under the Companies Act 71 of 2008 or any other applicable legislation:

• The client's sole recourse shall be against the company in its capacity as a juristic person, and not against any director, shareholder, member, officer, or employee in their personal capacity
• The data export provisions set out in the Termination and Data Export section above shall continue to apply to the extent practically possible
• No director, officer, employee, or agent of Damascus27 (Pty) Ltd may be held personally liable for any loss, damage, or claim arising from the insolvency or cessation of business of the company
• Any outstanding obligations of the company shall be dealt with in accordance with the applicable provisions of the Companies Act 71 of 2008 and the Insolvency Act 24 of 1936

Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the Western Cape Division of the High Court of South Africa, Cape Town.

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.

Contact Information

For questions about these Terms of Service, technical support, or compliance matters, please contact us at: