TERMS OF SERVICE – INALA SOFTWARE (PTY) LTD

Effective Date: [12 July 2023]

1. INTRODUCTION

1.1 These Terms of Service (“Terms”) govern access to and use of the platform and services (“Services”) provided by Inala Software (Pty) Ltd (“Inala”, “we”, “us”), a private company incorporated in accordance with the laws of the Republic of South Africa (Registration Number: 2023/615693/07).

1.2 By registering for, accessing, or using the Services, you (“User”, “you”) agree to be bound by these Terms. If you do not agree, you may not use the Services.

1.3 These Terms apply to all Users, including training providers, facilitators, learners, and any other stakeholders making use of the Services.

2. DEFINITIONS

• “Account” means the User’s registration profile on the Platform.

• “Free Plan” means the no-cost version of the Services subject to the usage limits described in section 4.

• “Paid Plan” means the subscription version of the Services available on payment of applicable fees.

• “Personal Information” has the meaning ascribed in the Protection of Personal Information Act, 2013 (“POPIA”).

• “Platform” means the web-based software platform owned and operated by Inala.

• “Services” means access to and use of the Platform and related features provided by Inala.

• “User Content” means data, information, or materials submitted or uploaded by Users to the Platform.

3. SERVICES

3.1 Inala provides Users with access to the Platform to support training, facilitation, and stakeholder engagement.

3.2 Inala may update, enhance, or modify the Services from time to time. Users will be notified of material changes.

3.3 Inala does not guarantee uninterrupted or error-free operation of the Services and may suspend access for maintenance, upgrades, or technical issues.

4. FREE PLAN

4.1 The Free Plan is provided at no cost, subject to the following limits:

• 1 Project

• 1 Programme

• 50 pre-loaded recruitment credits

4.2 All other features are provided on an unlimited basis under the Free Plan, including Users, sessions, stakeholders, surveys, venues, and submissions.

4.3 Users may not create multiple Free Plan accounts to circumvent these limits.

5. PAID PLANS AND UPGRADES

5.1 Users may upgrade to a Paid Plan at any time, which unlocks:

• Multiple projects

• Multiple programmes

• Ongoing recruitment credits

• Additional premium features (as published on Inala’s website or order forms)

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5.2 Paid Plans are subscription-based. Fees are payable in advance and are non-refundable unless otherwise required by law.

6. USER ACCOUNTS

6.1 To use the Services, Users must register and provide accurate and complete information.

6.2 Users are responsible for safeguarding their login credentials and all activity under their accounts.

6.3 Users must immediately notify Inala of any unauthorised use of their accounts.

7. ACCEPTABLE USE

7.1 Users agree not to:

• Use the Services for unlawful, harmful, or abusive purposes;

• Upload or share content that infringes the rights of third parties;

• Attempt to bypass Service limits, security, or billing mechanisms;

• Reverse-engineer, decompile, or copy the Platform;

• Resell or sublicense the Services without Inala’s written consent.

7.2 Inala reserves the right to suspend or terminate accounts that violate this section.

8. DATA & PRIVACY

8.1 Inala processes Personal Information in accordance with POPIA and its Privacy Policy.

8.2 Where Users upload Personal Information of third parties (e.g., learners or facilitators), they warrant that they have obtained all required consents and authorisations.

8.3 Inala acts as a “operator” under POPIA when processing such data on behalf of Users.

9. INTELLECTUAL PROPERTY

9.1 The Platform and all intellectual property rights therein remain the exclusive property of Inala or its licensors.

9.2 Users retain ownership of their User Content but grant Inala a limited licence to process and display such content solely for the provision of the Services.

10. TERMINATION

10.1 Users may terminate their account at any time.

10.2 Inala may suspend or terminate access to the Services immediately if a User:

• Breaches these Terms;

• Misuses the Free Plan; or

• Fails to pay fees under a Paid Plan.

10.3 On termination, access to the Platform will cease, but certain provisions (including limitation of liability, intellectual property, and governing law) will survive.

11. LIMITATION OF LIABILITY

11.1 To the maximum extent permitted by South African law, Inala shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the use of the Services.

12. GENERAL PROVISIONS

12.1 These Terms constitute the entire agreement between the User and Inala regarding the Services and supersede all prior agreements.

12.2 These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.

12.3 If any provision is found unenforceable, the remaining provisions will remain in full force.

12.4 Inala may assign these Terms to an affiliated entity or successor without notice. Users may not assign their rights or obligations without Inala’s prior written consent.

13. ACCEPTANCE

By registering for or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.