Terms

Terms of Service

1. Who we are

These Terms of Service (“Terms”) govern your access to and use of the websites and online services operated by Eyetrosoft CC, including:

• https://eyetrosoft.com
• https://intelligencemonitor.eyetrosoft.com
• any related sub-domains, web applications, dashboards, APIs and tools
  (collectively, the “Services”).

“Eyetrosoft”, “we”, “us” or “our” refers to Eyetrosoft CC, a company registered in South Africa (Registration No. 2011/080494/23), with its principal place of business in the Republic of South Africa.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Scope of the Services

Eyetrosoft provides technology, software and analytics solutions, including:

• media monitoring and intelligence dashboards;
• tools to capture, process and analyse content from documents, images, audio and video;
• tools to collect and analyse publicly available content from social media platforms, websites and other online sources; and
• related consulting, support and reporting services.

The Services may be provided directly through our web applications, or via customised solutions and integrations for specific clients.

3. Eligibility and account registration

3.1 You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services.

3.2 Certain functionality may require you to create an account. When you register:

• you must provide accurate, current and complete information;
• you are responsible for maintaining the confidentiality of your login credentials; and
• you are responsible for all activities that occur under your account.

3.3 If you are using the Services on behalf of a company or organisation, you represent that you are authorised to accept these Terms on its behalf and that the organisation will be bound by these Terms.

4. Acceptable use

You agree that you will not use the Services:

a) in any way that violates applicable laws or regulations, including South African law and the laws of any jurisdiction in which you access the Services;

b) to track, harass, abuse or unlawfully profile any individual or group;

c) to access or attempt to access any account, system or data without permission;

d) to upload, distribute or store any content that is unlawful, harmful, defamatory, offensive, discriminatory, invasive of privacy or otherwise objectionable;

e) to interfere with or disrupt the integrity or performance of the Services, including by attempting to introduce viruses, scripts or malicious code;

f) to circumvent or attempt to circumvent any usage limits, security measures or technical restrictions; or

g) to resell, re-package or commercially exploit data obtained from third-party platforms (such as X (Twitter), Meta (Facebook and Instagram), YouTube or others) in violation of their terms and policies.

We reserve the right to suspend or terminate access if we reasonably believe you are misusing the Services.

5. Media monitoring and third-party platforms

5.1 The Services may connect to, query or display content from third-party services and platforms (“Third-Party Platforms”), including but not limited to social media networks, online news sites, podcasts, blogs and other public websites.

5.2 Eyetrosoft accesses such content in accordance with the relevant platform’s APIs, terms and policies, and only for permitted use cases (such as brand monitoring, campaign analytics and public sentiment analysis).

5.3 All content obtained from Third-Party Platforms remains the property of those platforms or the respective rightsholders. Eyetrosoft does not claim ownership of such content and does not grant you any rights to reuse it beyond what is permitted by the originating platform.

5.4 You are responsible for ensuring that any use you make of content surfaced by the Services complies with applicable laws, platform policies and your contracts with your own clients.

6. Your content

6.1 “Your Content” includes any data, files, documents, images, audio, video, text, configuration settings or other material that you or your authorised users upload to or process through the Services.

6.2 You retain ownership of Your Content. You grant Eyetrosoft a non-exclusive, worldwide, royalty-free licence to host, process, analyse, store, copy and otherwise use Your Content solely for the purpose of:

• providing, maintaining and improving the Services;
• performing analytics and producing reports for you; and
• meeting our legal and regulatory obligations.

6.3 You represent that you have obtained all necessary rights, consents and permissions for Eyetrosoft to process Your Content, including any personal information contained within it.

7. Data protection and privacy

Our handling of personal information is governed by our Privacy Policy, available at:

https://eyetrosoft.com/privacy

By using the Services, you acknowledge that we will process personal information in accordance with that policy and with applicable data protection laws (including the Protection of Personal Information Act, 2013 (“POPIA”) and, where applicable, the EU General Data Protection Regulation (“GDPR”)).

8. Fees, payment and usage limits

8.1 Access to certain features or services may be subject to fees under a separate order form, quotation, statement of work or service agreement (collectively, “Service Agreement”).

8.2 Unless otherwise specified in the relevant Service Agreement:

• fees are payable in South African Rand (ZAR);
• fees are exclusive of any applicable taxes;
• invoices are due within the payment period stated on the invoice; and
• late payments may result in suspension of access to the Services.

8.3 Eyetrosoft may apply fair-use or technical limits to protect platform stability and stay within third-party API quotas. We will notify you if your use is approaching such limits and discuss options to increase capacity where possible.

9. Intellectual property

9.1 Eyetrosoft owns all intellectual property rights in and to the Services, including but not limited to the software, algorithms, designs, user interfaces, documentation, processes and know-how.

9.2 Except for the limited, non-exclusive, non-transferable right to use the Services as described in these Terms and any applicable Service Agreement, no rights or licences are granted to you.

9.3 You may not:

• copy, modify, reverse engineer, decompile or attempt to derive the source code of any part of the Services, except to the extent permitted by law;
• remove or alter any proprietary notices; or
• use Eyetrosoft’s name, logo or other marks without our prior written consent.

1. Disclaimers

10.1 The Services are provided on an “as is” and “as available” basis. While Eyetrosoft aims for high levels of accuracy and availability, we do not warrant that:

• the Services will be uninterrupted, secure or error-free;
• all APIs or third-party data sources will remain available; or
• all content or analytics provided by the Services are complete, accurate or suitable for your particular purpose.

10.2 Media monitoring and sentiment analysis are inherently interpretative and may not always match human judgement. The insights provided by the Services are informational only and should not be regarded as professional advice.

10.3 To the maximum extent permitted by law, Eyetrosoft disclaims all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

11. Limitation of liability

11.1 To the fullest extent permitted by law, Eyetrosoft shall not be liable for any:

• indirect, incidental, special, consequential or punitive damages; or
• loss of profits, revenue, business, goodwill, data or anticipated savings,

arising out of or in connection with your use of or inability to use the Services, even if we have been advised of the possibility of such damages.

11.2 Our total aggregate liability for all claims arising out of or in connection with the Services or these Terms, whether in contract, delict (including negligence), strict liability or otherwise, shall not exceed the total amount of fees you paid to Eyetrosoft for the Services in the six (6) months immediately preceding the event giving rise to the claim (or, if you use the Services without charge, ZAR 5,000).

12. Indemnity

You agree to indemnify and hold harmless Eyetrosoft, its directors, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• Your Content;
• your misuse of the Services;
• your violation of these Terms; or
• your violation of any law or the rights of any third party.

1. Suspension and termination

13.1 We may suspend or terminate your access to the Services, or remove or disable any content, if we reasonably believe you have breached these Terms, violated applicable laws, or created risk or possible legal exposure for us.

13.2 You may stop using the Services at any time. If you have a separate Service Agreement, its termination provisions will apply.

13.3 Upon termination:

• your right to use the Services will cease; and
• upon request and subject to any legal obligations, we will provide you with a copy of Your Content and then delete or anonymise it in accordance with our data retention policies.

1. Changes to the Services and these Terms

14.1 We may update or modify the Services from time to time, including by adding or removing features, integrating new APIs or changing underlying technologies.

14.2 We may revise these Terms from time to time. If we make material changes, we will notify you by updating the “Last updated” date at the top of this page and, where appropriate, through the Services or by email.

14.3 Your continued use of the Services after the changes take effect will constitute your acceptance of the revised Terms.

15. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of South Africa.

16. Contact us

If you have any questions about these Terms, please contact us at:

Email: info@eyetrosoft.com
Website: https://eyetrosoft.com