AgriTrekker Terms of Service

These Terms of Service ("Terms") are a binding agreement between Agri Sync Solutions (Pty) Ltd and the business on whose behalf they are accepted. They govern all use of the AgriTrekker web application, mobile application, AI assistant and related services. Our Privacy Policy forms part of these Terms. By accepting these Terms you also accept the Privacy Policy.

Please read them carefully. If you do not agree, do not use the Service.

1. Definitions

• "AgriTrekker", "the Service": the AgriTrekker web application, mobile application, AI assistant, exports, emails, and all related software and services operated by us.
• "We", "us", "our": Agri Sync Solutions (Pty) Ltd, registration number 2024/505036/07.
• "Business", "you", "your": the business (company, close corporation, trust, partnership, sole proprietor or other entity) that has registered a Business Account on AgriTrekker and on whose behalf these Terms are accepted.
• "Business Account": the registered business on AgriTrekker, together with its subscription, its data and its Users.
• "Authorised Representative": the person who accepts these Terms on behalf of the Business, and who warrants that they have the authority to do so.
• "User": any person given access to the Service under a Business Account, including owners, managers, accountants, administrators and employees who use the mobile application.
• "Business Data": all information entered into, uploaded to, or generated in the Service under a Business Account, including fuel logs, tank and pump readings, vehicle and equipment records, employee information, repair and maintenance records, photographs, documents, AI assistant conversations and reports.
• "Personal Information": as defined in the Protection of Personal Information Act, 4 of 2013 ("POPIA").
• "Subscription": paid access to the Service on a monthly or annual basis under one of our published subscription tiers.
• "AI Assistant": the AgriTrekker AI Assistant described in section 6.

2. About us

The Service is operated by:

Agri Sync Solutions (Pty) Ltd
Registration number: 2024/505036/07
Registered address: 94 Merriman Avenue, Stellenbosch, 7600, South Africa
Email: support@agritrekker.co.za
WhatsApp: +27 62 117 0782

We are not registered for Value-Added Tax. Our prices therefore exclude VAT and no VAT is charged. If we become VAT-registered we will give you at least 30 days' notice before VAT is added to your invoices.

3. Acceptance, authority and scope

3.1 Acceptance on behalf of a Business

These Terms are accepted on behalf of a Business, not by individuals for themselves. The Authorised Representative who accepts them confirms that:

• they are an owner, director, member, trustee, partner or duly authorised employee or agent of the Business;
• they have the authority to bind the Business to these Terms; and
• they accept these Terms and the Privacy Policy for the Business as a whole.

3.2 Acceptance binds every User

Once accepted, these Terms apply to the Business and to every User the Business adds to its Business Account, now or in the future. The Business is responsible for ensuring that its Users are aware of and comply with these Terms and with the Privacy Policy. Users do not need to accept these Terms individually.

3.3 Record of acceptance

We record the date and time of acceptance, the version of the Terms accepted, and the name, email address and role of the Authorised Representative. This record is stored with the Business Account and may be used as evidence of acceptance.

3.4 Existing customers

Businesses that registered before the effective date of this version continue to be bound by the previous Terms until an Authorised Representative accepts this version. We will prompt an owner or administrator to accept this version in the web application. Continued use of the Service after the effective date also constitutes acceptance.

3.5 Eligibility

• The Service is designed for businesses in agriculture and related sectors and is offered for business (B2B) use only.
• Accounts must be created for legitimate business purposes.
• Users must be at least 18 years old.
• We may verify identity or business details to prevent fraud, payment abuse or chargebacks, and may refuse or close accounts that fail verification.

4. The Service

4.1 Web application

• Business registration and profile management.
• Employee and User management, roles and permissions.
• Asset management: vehicles, equipment, fuel tanks, pumps, farms and locations, and external fuel sources.
• Review and correction of fuel logs, with automated detection of errors and anomalies.
• Dashboards, statistics and analytics.
• Repairs and maintenance: scheduling, task tracking, repair records and photographs.
• Diesel rebate support, including exports formatted for South African Revenue Service (SARS) submissions.
• PDF and spreadsheet exports, and automated summary emails.
• The AI Assistant (section 6).

4.2 Mobile application

• Field logging of refuels, tank fills, transfers, pump readings and related activities.
• Offline capture with synchronisation when connectivity is restored.
• Creation of vehicles, equipment and other assets.
• Repairs and maintenance tasks, including photographs.
• Alerts, notifications and on-device dashboards.

4.3 Decision support only

AgriTrekker is a record-keeping and decision-support tool. It relies on the readings, quantities and other data your Users enter. Anomaly and error detection is automated and probabilistic. We do not guarantee that every discrepancy, theft or loss will be detected, or that every flag is correct.

• All operational, financial, tax and compliance decisions remain your responsibility.
• AgriTrekker is not a certified or legally approved measuring instrument. Its figures may not be relied on as legal evidence of quantities.
• Diesel rebate exports are prepared from the data you have captured. You remain solely responsible for the accuracy, completeness and lawfulness of any claim or return you submit to SARS or any other authority, and for keeping any source documents the law requires.

4.4 Availability of features

Not every feature is available to every Business at all times. Features may be limited by subscription tier, platform, region or rollout stage. Some features, including the AI Assistant, may be released gradually or as beta features (section 15).

5. Business Accounts and Users

• Each Business requires its own Business Account and its own Subscription. A Business Account may not be shared between separate legal entities.
• The Business decides who its Users are, what role each User has, and what each User may see and do. Web application roles include owner, manager and accountant, with optional administrator rights. Employees use the mobile application.
• The Business is responsible for everything done under its Business Account, including everything its Users do, whether or not authorised by the Business.
• Users must keep their login credentials confidential and must not share accounts. The Business must promptly remove Users who leave the Business or should no longer have access, and must tell us promptly if it suspects unauthorised access.
• The Business must keep at least one owner with a valid, monitored email address so that we can send notices about billing, security and changes to these Terms.
• If the Authorised Representative leaves the Business, these Terms continue to bind the Business.

6. AI Assistant

6.1 What it is

The AI Assistant is a conversational assistant built into the web application. It uses a large language model provided by Google (currently Gemini, accessed through Google's Firebase AI services) to answer questions about your Business Data, explain errors and anomalies, prepare summaries, and carry out actions in the Service on your instruction.

6.2 It can take actions

The AI Assistant can create, edit and delete records on your behalf, including fuel logs, vehicles, equipment and employees, and can resolve flagged errors. It does so only in response to instructions from a User, and only within the permissions that User has. You are responsible for every action taken through the AI Assistant as if the User had performed it directly. Review what the AI Assistant proposes before you confirm it, and check the result afterwards.

6.3 Outputs may be wrong

Large language models can produce inaccurate, incomplete or misleading outputs, and can misunderstand instructions. The AI Assistant does not give tax, legal, financial, engineering or agronomic advice. Nothing it produces is a substitute for professional advice or for your own verification. Do not rely on its outputs for any SARS submission, financial statement, safety decision or legal matter without independent checking.

6.4 Data you share with it

To answer you, the AI Assistant sends the relevant parts of your Business Data, your messages and any images you attach to Google for processing, as described in the Privacy Policy. Google acts as a sub-operator under a written agreement. Do not attach or type information into the AI Assistant that you do not have the right to share, and avoid sharing special Personal Information (such as health, biometric or financial account details) that the Service does not need.

Conversations with the AI Assistant are stored under your Business Account and are visible only to the User who had them. We may review AI Assistant conversations to improve the quality, safety and usefulness of the product and our support. We do not publish, sell or otherwise disclose them to third parties.

6.5 Availability, limits and pricing

• The AI Assistant is currently offered as a beta feature included in your Subscription. Section 15 applies to it.
• We may apply fair-use limits, rate limits or usage quotas, may change the underlying model or provider, and may suspend or withdraw the feature at any time.
• We reserve the right to make the AI Assistant, or parts of it, a separately priced add-on or to restrict it to particular tiers in future. We will give at least 30 days' notice before any charge is introduced.

6.6 Prohibited use

You may not use the AI Assistant to attempt to extract its system instructions, to bypass its safeguards or your Users' permissions, to generate unlawful, harmful or infringing content, or to process Personal Information of people who are not connected to your Business.

7. Subscriptions, fees and payment

7.1 Tiers and billing periods

• Access to the Service requires a Subscription under one of the tiers published in the application. Tiers are based on the size of your operation as measured in the application. Current prices are shown in the application before you subscribe.
• Subscriptions are billed in advance, monthly or annually.
• Prices exclude VAT (see section 2). We may change our prices on at least 30 days' notice. A price change takes effect from your next billing period after the notice period.

7.2 Free trial

• New Businesses that subscribe by card receive a 30-day free trial. A trial is not available for EFT billing.
• To start a trial we verify your card with a temporary charge of R1, which is refunded automatically.
• At the end of the trial your Subscription converts to a paid Subscription and your card is charged, unless you cancel before the trial ends. You can cancel at any time in the application.
• One trial per Business. We may refuse or end a trial where we suspect abuse.

7.3 Card payments (Paystack)

• Card payments are processed by Paystack. We do not store your full card details. Paystack's terms and privacy policy apply to the processing of your payment.
• Card Subscriptions renew automatically at the end of each billing period until cancelled.
• If a renewal payment fails we will notify you and retry. If payment is not received within the grace period shown in the application, access to the Service is suspended until payment is made. Your data is not deleted because of a suspension.
• Updating your card in the application applies to future renewals.

7.4 EFT billing

• Businesses may apply to be billed by electronic funds transfer (EFT) against an invoice. EFT billing is available at our discretion and may be limited to certain tiers or billing periods.
• We issue an invoice at the start of each billing period. Invoices are payable by the due date shown on the invoice, using the payment reference on the invoice.
• If an invoice is not paid by its due date, access to the Service may be suspended until the invoice is settled. Your data is not deleted because of a suspension.
• Tier changes during a billing period are charged or credited pro rata as set out in the application.

7.5 Changing tiers

You may move to a higher or lower tier in the application. Upgrades take effect immediately. Downgrades take effect from the next billing period unless the application states otherwise. Where your usage exceeds the limits of your tier, we may require you to move to the appropriate tier.

7.6 Cancellation and refunds

• You may cancel your Subscription at any time in the application or by writing to us. Cancellation takes effect at the end of the current paid billing period. You keep access until then.
• Fees already paid are not refunded for the unused part of a billing period, except where the law requires a refund.
• Where the Consumer Protection Act, 68 of 2008 ("CPA") applies to you, nothing in these Terms limits your rights under that Act.

7.7 Chargebacks and disputes

If you dispute a charge, please contact us first so that we can resolve it. If a chargeback is raised, you agree to cooperate with us and with Paystack in resolving it. We may suspend the Business Account while a chargeback is unresolved and may recover any fees, costs or penalties caused by an unjustified chargeback.

7.8 Coupons and promotions

Coupons, discounts and promotional offers are subject to the conditions stated when they are offered, may be withdrawn at any time, and cannot be exchanged for cash.

8. Business Data: ownership and licence

• Business Data belongs to you. We claim no ownership of it.
• You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, display and back up Business Data, and to share it with our sub-operators, solely to provide, secure, support and improve the Service and to comply with the law.
• We may generate aggregated, de-identified statistics from Business Data (for example, industry fuel-consumption benchmarks). Such statistics will not identify you, your Users or your Business.
• We will never sell Personal Information or identifiable Business Data to anyone.
• You are responsible for the accuracy, quality and lawfulness of Business Data and for having the right to upload it, including any Personal Information of your employees.

9. Data retention, export and deletion

• While your Business Account is active we keep your Business Data for as long as the account exists.
• If your Subscription lapses or is cancelled, we keep your Business Data so that you can resume your Subscription or request an export. You may request an export of your Business Data at any time, including after your Subscription has ended.
• You may ask us in writing to delete your Business Account and Business Data. We will delete it within 30 days of a verified request, except for records we must keep by law.
• Invoices, payment records and other financial records are kept for the period required by South African tax and company law (generally five years), even after deletion of the rest of the Business Account.
• Individual User accounts can be removed by the Business in the application, or deleted by us on written request.
• Backups are kept for disaster recovery for a limited period and are overwritten in the ordinary course. Deleted data may persist in backups until the backup is overwritten.

10. Privacy and POPIA

10.1 Roles

For Business Data, including Personal Information of your employees and other people you record in the Service, you are the responsible party and we are your operator under POPIA. For the Personal Information of the people who register and administer your Business Account, and for our own billing, support and marketing records, we are the responsible party. The Privacy Policy explains this in detail.

10.2 Our obligations as your operator

As your operator we will:

• process Personal Information only for the purposes of providing the Service and as permitted by these Terms, the Privacy Policy and your lawful instructions given through the Service;
• treat Personal Information as confidential;
• keep appropriate, reasonable technical and organisational security measures as described in section 12;
• only appoint sub-operators (section 11) who are bound by written agreements that protect Personal Information;
• notify you without undue delay, and the Information Regulator where required, if we have reasonable grounds to believe that Personal Information in our care has been accessed or acquired by an unauthorised person (POPIA section 22); and
• on termination and at your request, return or delete Personal Information in accordance with section 9.

10.3 Your obligations

You warrant that you have a lawful basis under POPIA for every item of Personal Information you enter into the Service, that you have informed your employees and other data subjects as POPIA requires, and that you will handle data-subject requests directed to you. If a data subject contacts us about your Business Data, we will refer them to you and assist you where reasonable.

10.4 Where data is stored and processed

The Service runs on Google Cloud and Firebase. As at the effective date of these Terms:

• fuel-log data, uploaded files and photographs, and most of our application servers are hosted in Google's Johannesburg (africa-south1) region in South Africa;
• our primary application database (Google Cloud Firestore) is hosted in Google's multi-region location in the European Union;
• user authentication, some background processing and email delivery run in Google data centres in Europe and the United States; and
• AI Assistant requests may be processed in any Google region where the model is available.

Personal Information is therefore transferred outside South Africa. Such transfers are made under POPIA section 72 on the basis of Google's Data Processing Addendum and standard contractual terms, which bind Google to a level of protection substantially similar to POPIA. We may change regions or providers, and will update the Privacy Policy when we do.

11. Third-party services and sub-operators

The Service depends on the following third parties:

• Google (Google Cloud and Firebase): hosting, databases, file storage, authentication, push notifications, email delivery, analytics, backups, and the large language model behind the AI Assistant.
• Paystack: card payment processing and subscription billing.

Google and Paystack are our sub-operators for the Personal Information they process on our behalf, and each is bound by its own data-processing terms. Availability of the Service depends on the availability of these providers. We may add or replace sub-operators; the Privacy Policy lists the current ones.

12. Security

We maintain reasonable, appropriate security measures, including:

• encryption of data in transit (TLS) and at rest;
• role-based, least-privilege access controls within the Service and within our own systems;
• separation of each Business's data by security rules;
• logging and monitoring of access and changes;
• daily backups and point-in-time recovery for our databases.

No system is completely secure. You are responsible for the security of your own devices, networks, credentials and Users.

12.1 Support access to your account

Our staff access your Business Data only when needed to provide support you have asked for, to investigate errors, security incidents or billing issues, to operate and improve the Service, or as required by law. If resolving your support request requires us to work inside your Business Account (for example, to correct logs on your behalf), we will ask your permission first, and you may withdraw it at any time. Access by our staff is limited to a small number of named administrators.

13. Service availability and support

• We aim for high availability but do not guarantee uninterrupted or error-free operation, and we do not offer a service-level agreement or uptime commitment.
• Our providers perform routine infrastructure maintenance which does not normally cause downtime. Where we plan maintenance that will cause a noticeable interruption, we will try to give reasonable notice.
• The mobile application stores logs offline and synchronises them later; you remain responsible for ensuring devices synchronise regularly.
• Support is available on weekdays from 08:00 to 17:00 (South African Standard Time) by email at support@agritrekker.co.za or WhatsApp on +27 62 117 0782. We may respond outside these hours at our discretion.

14. Acceptable use

You and your Users may not:

• use the Service for any unlawful purpose or in breach of any law, including POPIA;
• attempt to gain unauthorised access to the Service, other Business Accounts, or our systems, or perform penetration testing, load testing or vulnerability scanning without our written consent;
• reverse-engineer, decompile, scrape, crawl or copy the Service or its data, except as the law permits;
• circumvent usage limits, security controls, tier limits or billing;
• upload malicious code or content that is unlawful, defamatory or infringing;
• resell, sublicense or provide the Service to third parties, or use it to build a competing product;
• misuse the AI Assistant as described in section 6.6.

15. Beta and experimental features

We may release features labelled beta, preview, early access or similar. Beta features:

• are provided as-is, without warranties of any kind;
• may be incomplete, may change or be removed at any time, and may be subject to additional limits;
• are used at your own risk; and
• may become paid features when released generally, subject to notice under section 7.

16. Intellectual property

• The Service, including all software, code, designs, data models, algorithms, trademarks, logos, documentation and content we provide, is owned by Agri Sync Solutions (Pty) Ltd or its licensors and is protected by intellectual-property law.
• You receive a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes for the duration of your Subscription.
• You may not copy, modify, distribute or create derivative works of any part of the Service.
• If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it without obligation to you.

17. Changes to the Service

We continually develop the Service and may add, change, limit or remove features, change the user interface, introduce new modules or retire old ones, and change our sub-operators. We will try to give reasonable notice of changes that materially reduce the core functionality you pay for. If a change materially reduces that functionality and you object, you may cancel under section 7.6.

18. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

We do not warrant that:

• calculations, volumes, consumption figures, anomaly flags or AI Assistant outputs are accurate or complete;
• all errors, anomalies, theft or fuel loss will be detected or prevented;
• exports will be accepted by SARS or any other authority;
• the Service will be uninterrupted, timely, secure or error-free; or
• data will not be lost, though we take the backup measures described in section 12.

19. Limitation of liability

To the maximum extent permitted by law:

• our total aggregate liability to you for all claims arising out of or in connection with the Service or these Terms, whether in contract, delict or otherwise, is limited to the Subscription fees you paid to us in the 12 months immediately before the event giving rise to the claim;
• we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill, fuel, crops, livestock, data or opportunity, even if we were advised of the possibility; and
• we are not liable for any penalty, assessment, interest or loss arising from any submission you make to SARS or any other authority.

Nothing in these Terms excludes or limits liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be excluded under South African law, including under the CPA where it applies.

20. Indemnity

You indemnify and hold harmless Agri Sync Solutions (Pty) Ltd, its directors, employees and agents against all claims, losses, damages, costs and expenses (including reasonable legal costs) arising from:

• Business Data you or your Users submit, including inaccurate data;
• your or your Users' use or misuse of the Service, including actions taken through the AI Assistant;
• your breach of POPIA or any other law;
• any third-party claim caused by your or your Users' acts or omissions; or
• your breach of these Terms.

21. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including load shedding and other power failures, network or telecommunications outages, failures of our cloud or payment providers, fire, flood, drought, epidemic, war, civil unrest, strikes, and acts of government.

22. Suspension and termination

• You may terminate by cancelling your Subscription under section 7.6.
• We may suspend or restrict access immediately, without liability, if payment is overdue, if we reasonably believe there is a breach of these Terms, misuse, fraud, a security risk, or a legal requirement to do so. We will tell you why where the law allows.
• We may terminate these Terms and close the Business Account on 30 days' written notice for any reason, or immediately for a material breach that is not remedied within 7 days of notice, or for fraud or unlawful use.
• On termination your right to use the Service ends. Section 9 governs your data. Sections that by their nature should survive termination (including sections 8, 9, 10, 16, 18, 19, 20, 21, 24, 25 and 26) survive.

23. Changes to these Terms

We may amend these Terms. For material changes we will give at least 14 days' notice by email to the owners of the Business Account and by notice in the application, and we will ask an owner or administrator to accept the new version. Continued use of the Service after the effective date of a change constitutes acceptance of the amended Terms. If you do not agree, you may cancel under section 7.6 before the change takes effect. The current version is always available at https://agritrekker.co.za/terms-of-service and in the application.

24. Notices

Notices to you will be sent to the email addresses of the owners of your Business Account or shown in the application. Legal notices to us must be sent by email to deon@agritrekker.co.za, louis@agritrekker.co.za or rheeder@agritrekker.co.za, with a copy to our registered address in section 2.

25. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the Western Cape Division of the High Court, Cape Town, without prejudice to our right to approach any other competent court, including a Magistrate's Court. Before starting proceedings, the parties will attempt in good faith to resolve any dispute by discussion between senior representatives within 30 days of written notice of the dispute.

26. General

• Entire agreement. These Terms, the Privacy Policy and the third-party terms referred to in them form the entire agreement between you and us about the Service and replace all earlier terms, including version 1.0.
• Severability. If any provision is unenforceable, the rest remains in force.
• No waiver. Our failure to enforce a right is not a waiver of it.
• Assignment. You may not transfer these Terms or your Business Account without our written consent. We may assign these Terms to a successor of our business on notice to you.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
• Language. These Terms are concluded in English. Translations are for convenience only.
• Electronic acceptance. These Terms are concluded electronically in accordance with the Electronic Communications and Transactions Act, 25 of 2002. Your electronic acceptance is binding as a signature.