Terms and Conditions

Important notice

Please read this Agreement carefully before you create an account. It is a legally binding contract between you and Trogster.

In line with section 49 of the Consumer Protection Act 68 of 2008, we draw your attention to the clauses below, which limit our liability, place risks and responsibilities on you, or require you to indemnify us. They are shown in bold where they appear:

• Clause 8.5 (accuracy of evidence records)
• Clause 9 (your responsibilities as the responsible party under POPIA)
• Clause 14 (suspension and termination)
• Clause 20 (warranties and disclaimers)
• Clause 21 (limitation of liability)
• Clause 22 (indemnities)

If you do not agree with any part of this Agreement, do not create an account or use the Service.

1. Agreement and acceptance

1.1 This End User Licence Agreement and Terms of Service (the "Agreement") is entered into between [Trogster (Pty) Ltd], registration number [registration number] ("Trogster", "we", "us", "our"), and the business, organisation or person that creates a Trogster Account (the "Customer", "you", "your").

1.2 You accept this Agreement by ticking the box marked "I have read and accept the Terms and Conditions" (or similar wording) during sign-up. An Account cannot be created without that acceptance. Under the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), that electronic acceptance is as binding as a signature on paper.

1.3 The individual who accepts this Agreement confirms that:

1. they are at least 18 years old;
2. they have authority to bind the Customer to this Agreement; and
3. the information they provide during sign-up is true and correct.

If the individual does not have authority to bind the Customer, they are personally bound by this Agreement.

1.4 When you accept this Agreement, we record the version accepted, the date and time, the user and Account that accepted it, and the IP address used. That record forms part of your Account history and our audit log, and may be used as evidence of your acceptance.

1.5 This Agreement incorporates our Privacy Policy, available at https://trogster.com/privacy.html. If this Agreement and the Privacy Policy conflict, this Agreement applies, except where the Privacy Policy gives greater protection to personal information.

1.6 The current version of this Agreement is always available at https://trogster.com/terms.html and from the link in the Service. You may download, print and store a copy at any time.

2. Definitions and interpretation

2.1 In this Agreement:

• "Account" means the Customer's account on the Service, including its users, settings, Devices and Customer Data.
• "Admin User" means an individual the Customer authorises to sign in to the Web Panel.
• "App" means the Trogster mobile application, including any updates, installed on a Device.
• "Billing Period" means the monthly or annual period for which Fees are charged in advance.
• "Customer Data" means all data and content submitted to the Service by or on behalf of the Customer, including Records, Tasks, Labels, notes, location data, timestamps, photographs, video and audio recordings.
• "Device" means a mobile device linked to the Account using a link code issued through the Web Panel.
• "Fees" means the amounts payable for a Subscription, as shown at checkout or on our pricing page.
• "Field Worker" means an individual who uses a Device to complete Tasks for the Customer.
• "Paddle" means Paddle.com Market Limited and its affiliates, our authorised reseller and merchant of record.
• "POPIA" means the Protection of Personal Information Act 4 of 2013 and its regulations.
• "Record" means a submission made through the App when a Task is completed, together with its attached media and metadata.
• "Seat" means a unit of capacity under a Subscription, as described on our pricing page.
• "Service" means the Trogster platform, including the Web Panel, the App, our APIs, documentation and any related services we provide.
• "Subscription" means the paid plan purchased by the Customer, including its number of Seats.
• "Task" means a set of instructions and rules, created in the Web Panel, that Field Workers complete using the App.
• "Trial" means a free, time-limited use of the Service under clause 11.
• "Web Panel" means the Trogster web administration interface.

2.2 Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and the other way around. "Including" means "including without limitation". A reference to legislation includes that legislation as amended or replaced.

2.3 The rule that a contract is interpreted against the party that drafted it does not apply to this Agreement.

3. Information about Trogster (ECTA section 43)

As required by section 43 of ECTA, we provide the following information:

4. Eligibility, accounts and users

4.1 The Service is intended for business use. By creating an Account you confirm that you are using the Service for the purposes of a business, organisation or trade, and not as a private consumer.

4.2 You must provide accurate, current and complete information when you create an Account and keep it up to date, including the email address of the Account owner.

4.3 You may sign in using an email address and password, a one-time code sent by email, or a supported third-party identity provider such as Google. Where you use a third-party identity provider, its terms also apply to that sign-in.

4.4 You are responsible for:

1. keeping all passwords, one-time codes and sign-in methods confidential;
2. all activity that takes place through your Account, your Admin Users and your Devices, whether or not you authorised it;
3. making sure that each Admin User and Field Worker is told about, and complies with, this Agreement; and
4. promptly removing access for any Admin User or Device that should no longer have it.

4.5 You must notify us immediately at [support@trogster.com] if you become aware of, or suspect, any unauthorised access to your Account or any Device.

4.6 Each Account is for a single Customer. You may not create multiple Accounts to obtain additional Trials or to avoid Fees.

5. Licence grant

5.1 Subject to this Agreement and payment of all applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence, for the duration of your Trial or Subscription, to:

1. access and use the Web Panel; and
2. install and use the App on Devices linked to your Account,

solely for your internal business operations and within the limits of your plan.

5.2 The App is licensed to you, not sold. We and our licensors keep ownership of every copy of the App, including copies installed on your Devices.

5.3 You may permit your Admin Users and Field Workers to use the Service on your behalf. You remain liable for their acts and omissions as if they were your own.

5.4 Where you obtain the App from a third-party app store, such as Google Play, that app store's terms of use also apply. The app store operator is not a party to this Agreement and has no obligation to provide maintenance or support for the App.

5.5 All rights not expressly granted to you in this Agreement are reserved by Trogster.

6. Restrictions and acceptable use

6.1 You must not, and must not permit any person to:

1. copy, modify, translate or create derivative works of the Service or the App;
2. decompile, disassemble, reverse engineer or attempt to obtain the source code of the Service or the App, except to the extent the law expressly permits despite this restriction;
3. sell, resell, rent, lease, sublicense, distribute or otherwise make the Service available to any third party outside your organisation;
4. bypass, disable or interfere with any Seat limit, Device limit, payment requirement, licence key, security feature or access control;
5. use the Service to monitor, record or track any person covertly, unlawfully or without the notice and consent the law requires;
6. upload or transmit content that is unlawful, defamatory, obscene, discriminatory, infringing, or that contains viruses or other malicious code;
7. falsify, alter, backdate or misrepresent any Record, timestamp, location or media file, or present a Record as evidence knowing it to be false;
8. probe, scan, load-test or attempt to breach the security of the Service, or access it by automated means, except through APIs and methods we have documented or approved in writing;
9. use the Service in a way that could disable, overload or impair it, or interfere with other customers' use;
10. use the Service, or information obtained from it, to develop or market a competing product or service;
11. remove or alter any proprietary notices, labels or marks on the Service; or
12. use the Service in breach of any law, including the Cybercrimes Act 19 of 2020, POPIA, labour legislation and the Private Security Industry Regulation Act 56 of 2001, where applicable.

6.2 We may investigate any suspected breach of this clause 6 and may remove content, restrict access or take other action under clause 14.

7. Devices and field workers

7.1 A Device is linked to your Account by entering a link code generated in the Web Panel into the App. Link codes are confidential. Anyone who obtains a valid link code may be able to link a Device to your Account.

7.2 You may only link a Device that you own or control, or that its owner has agreed to link to your Account. You are responsible for informing each Field Worker that the App will capture photographs, video, audio, notes, location and timestamps while Tasks are being completed.

7.3 You are responsible for all Records submitted from Devices linked to your Account. If a Device is lost, stolen, replaced or used by someone who should no longer have access, you must promptly delete or relink it through the Web Panel.

7.4 The App requires certain Device permissions, including camera, microphone, location and storage, to function. Refusing or revoking these permissions may prevent Tasks from being completed.

7.5 You are responsible for the Devices, operating systems, network connections and data costs needed to use the Service. We do not guarantee that the App will work on every device model or operating system version.

7.6 Nothing in this Agreement creates any employment or contractual relationship between Trogster and your Field Workers. You remain solely responsible for your relationship with them, including compliance with labour and workplace monitoring laws.

8. Customer Data and evidence records

8.1 As between you and us, you own all Customer Data.

8.2 You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit and display Customer Data only to the extent needed to provide, maintain, secure and support the Service, to comply with law, and as otherwise permitted by this Agreement.

8.3 You warrant that you have all rights, consents and authorisations needed to submit Customer Data to the Service and to allow us to process it under this Agreement.

8.4 We may create and use aggregated or de-identified data derived from use of the Service, which does not identify you, your users or any individual, to operate, analyse and improve the Service. Such data is not Customer Data.

8.5 The Service records the information supplied by Devices, including timestamps, location and media. That information depends on the Device, its settings, its operating system and network conditions, and on the conduct of the person using it. We do not guarantee that any Record is accurate, complete or authentic, or that it will be accepted as evidence by any court, regulator, client or other person. You are responsible for how you rely on and use Records.

8.6 You are responsible for keeping your own copies of Customer Data you need for legal, regulatory or business purposes. The Service is not a backup or archiving service.

9. Data protection and POPIA

9.1 Roles. For personal information contained in Customer Data, including information about Field Workers and any other person captured in a Record, you are the responsible party and Trogster is your operator, as those terms are defined in POPIA. For personal information about you and your Admin Users that we collect to manage your Account and billing, Trogster is the responsible party, as described in our Privacy Policy.

9.2 Your obligations. You are responsible for ensuring that the collection and processing of personal information through the Service is lawful, including:

1. having a lawful justification for processing under section 11 of POPIA;
2. notifying Field Workers and other data subjects as required by section 18 of POPIA;
3. obtaining any consent required by law, including for the processing of location data, audio recordings and any special personal information;
4. limiting collection to what is adequate, relevant and not excessive for your purpose; and
5. responding to requests from data subjects to access, correct or delete their personal information.

9.3 Our obligations as operator. In line with sections 20 and 21 of POPIA, we will:

1. process personal information in Customer Data only with your knowledge or authorisation, which you give by using the Service in line with this Agreement;
2. treat that personal information as confidential and not disclose it except as allowed by this Agreement or required by law;
3. maintain appropriate, reasonable technical and organisational security measures as described in clause 10;
4. notify you without undue delay if we have reasonable grounds to believe that personal information in Customer Data has been accessed or acquired by an unauthorised person, and give you the information reasonably available to us so that you can meet your obligations under section 22 of POPIA;
5. provide reasonable assistance, at your request, to help you respond to data subject requests and enquiries from the Information Regulator; and
6. delete or return personal information at the end of this Agreement in line with clause 15.

9.4 Sub-operators. You authorise us to use the sub-operators listed in Annexure A to help provide the Service. We will impose data protection obligations on them that are no less protective than those in this clause 9, and remain responsible for their performance. We will update Annexure A before adding a new sub-operator.

9.5 Cross-border transfers. Customer Data is hosted on infrastructure provided by Amazon Web Services and may be stored or processed outside South Africa. We will only transfer personal information across borders as permitted by section 72 of POPIA, including to recipients subject to binding agreements or laws that provide an adequate level of protection.

9.6 Direct marketing. We will only send you electronic direct marketing in line with section 69 of POPIA. You may opt out of marketing messages at any time. Service, billing and security messages are not marketing and you cannot opt out of them while you have an Account.

10. Security

10.1 We will implement and maintain reasonable technical and organisational measures designed to protect Customer Data against loss, damage, and unauthorised access, destruction, use or disclosure. These include encryption of data in transit, access controls that limit staff access to what is needed, authentication through a managed identity service, logging of significant account events, and regular review of our security practices.

10.2 No system is completely secure. We do not warrant that the Service will be free from all security vulnerabilities or that Customer Data will never be compromised.

10.3 You are responsible for the security of your own systems and Devices, including keeping operating systems and the App up to date, using a device lock, and controlling who has physical access to Devices and to the Web Panel.

10.4 You must report any actual or suspected vulnerability in the Service to [security@trogster.com] and must not publicly disclose it before we have had a reasonable opportunity to fix it.

11. Free trial

11.1 We may offer a free Trial of the Service for the period shown at sign-up. Unless we agree otherwise in writing, a Trial is available once per Customer and per email address.

11.2 No payment details are required to start a Trial. When the Trial ends, your Account becomes read-only until you buy a Subscription.

11.3 If you buy a Subscription during a Trial, the Trial ends immediately and your first Billing Period starts on the date of payment. Unused Trial days are not carried over.

11.4 We may change, suspend or end Trials at any time, and may refuse a Trial where we reasonably suspect abuse, including the creation of multiple Accounts.

11.5 Clauses 20 and 21 apply to Trials. In addition, during a Trial the Service is provided free of charge and, to the extent the law allows, without any warranty.

12. Subscriptions, fees and payment through Paddle

12.1 Merchant of record. Our order process is conducted by our online reseller Paddle. Paddle is the merchant of record for all Subscription orders and provides customer service enquiries about payments and handles returns. Paddle's Buyer Terms apply to your purchase in addition to this Agreement.

12.2 Fees. Fees are shown at checkout and on our pricing page, in the currency displayed there. Fees are payable in advance for each Billing Period and are based on your plan and number of Seats.

12.3 Taxes. Paddle calculates and collects any applicable sales taxes, including VAT, as part of the checkout. You are responsible for any other taxes, duties, bank charges or currency conversion costs that apply to you.

12.4 Automatic renewal. Your Subscription renews automatically at the end of each Billing Period for the same length of period, and Paddle will charge your chosen payment method, unless you cancel before the renewal date under clause 13.

12.5 Seats. You may add Seats at any time. Additional Seats take effect immediately and may be charged on a pro rata basis for the rest of the current Billing Period. Seat reductions take effect from the next Billing Period. You must not allow more users or Devices to use the Service than your Subscription allows.

12.6 Price changes. We may change our Fees by giving you at least 30 days' notice by email or in the Service. A price change applies from the start of your next Billing Period after the notice period ends. If you do not accept the change, you may cancel before it takes effect.

12.7 Failed payments. If a payment fails or is reversed, we or Paddle may retry the payment. If it remains unpaid for 14 days after we notify you, we may restrict the Account to read-only access under clause 14 until all outstanding amounts are paid.

12.8 Chargebacks. If you dispute a charge with your bank or card issuer without first contacting us or Paddle, we may suspend the Account while the dispute is resolved.

12.9 One Subscription per Account. Each Account may hold only one active Subscription. If more than one Subscription is created for the same Account by error, we will cancel the duplicate and arrange a refund of any duplicate charge through Paddle once we become aware of it.

13. Cancellation and refunds

13.1 You may cancel your Subscription at any time from the billing page in the Web Panel. Cancelling there takes effect at the end of your current Billing Period, so you keep the access you have paid for (clause 13.2). You may also ask us to cancel for you. If you ask Paddle to cancel instead, tell them the cancellation should take effect at the end of the current Billing Period — a cancellation processed immediately would end your access straight away.

13.2 Cancellation takes effect at the end of the current Billing Period. You keep full access to the Service until then, after which the Account becomes read-only under clause 14.4.

13.3 Refunds are handled by Paddle. Paddle is the merchant of record for your purchase (clause 12.1), so refunds are requested from, and decided by, Paddle. You may request a refund within 14 days of the transaction date, by contacting Paddle or us. A request is not a guarantee of a refund: Paddle reviews each request on its own facts and may grant one at its discretion under the Paddle Refund Policy at https://www.paddle.com/legal/refund-policy, which applies to your purchase alongside this Agreement.

13.4 Your legal rights are unaffected. Nothing in this Agreement limits any non-waivable right you have under consumer or distance-selling law, including any right to withdraw from or cancel a purchase. Where those rights give you more than clause 13.3 or the Paddle Refund Policy, the higher right applies. If anything in this Agreement conflicts with the Paddle Buyer Terms or the Paddle Refund Policy, the Paddle terms prevail.

13.5 What we will do in addition. Independently of clauses 13.3 and 13.4, we will ask Paddle to refund:

1. any amount charged in error, including duplicate charges; and
2. any Fees paid in advance for a period after we terminate this Agreement for reasons other than your breach.

13.6 Cancellation and billing. Cancelling does not by itself produce a refund for the remainder of a Billing Period you have already paid for — you keep access for that period instead. If you would prefer a refund, you may request one under clause 13.3.

14. Suspension, read-only access and termination

14.1 Suspension. We may suspend or restrict your Account, any user or any Device, with or without notice, if we reasonably believe that:

1. you or your users have breached clause 6;
2. the Account or a Device is being used fraudulently or unlawfully, or has been compromised;
3. suspension is necessary to protect the Service, other customers or any person from harm; or
4. we are required to do so by law or by a competent authority.

Where reasonably possible, we will tell you the reason and give you an opportunity to fix the problem. We will lift the suspension once the reason for it no longer applies.

14.2 Termination by you. You may end this Agreement at any time by cancelling your Subscription and deleting your Account under clause 15.

14.3 Termination by us. We may terminate this Agreement:

1. on 30 days' written notice, for any reason;
2. immediately on written notice, if you materially breach this Agreement and, where the breach can be remedied, fail to remedy it within 14 days of written notice;
3. immediately, if you become insolvent, are placed in business rescue or liquidation, or cease to carry on business; or
4. immediately, if your Trial has ended and no Subscription has been bought for 90 days.

14.4 Read-only access. When a Trial or Subscription ends without renewal, or when we restrict an Account for non-payment, the Account becomes read-only. Admin Users can still sign in, view Customer Data and export it, but Devices cannot submit new Records and new Tasks cannot be created. Full access resumes once a Subscription is active.

14.5 Effect of termination. On termination, all licences under this Agreement end, you must stop using the Service and uninstall the App from all Devices, and any Fees then owing become immediately payable.

14.6 Survival. Clauses 8, 9, 15, 17, 18, 20, 21, 22, 26 and 27, and any other provision that by its nature should continue, survive termination.

15. Data export, retention and deletion

15.1 Export. While your Account is active or read-only, Admin Users may export Customer Data using the tools available in the Web Panel. If you need help exporting data, contact us before your Account is deleted.

15.2 Account deletion. You may delete your Account at any time from the Web Panel. Deletion:

1. is permanent and cannot be undone;
2. cancels any active Subscription with immediate effect; any refund for the remainder of the Billing Period is a matter for Paddle under clause 13; and
3. unlinks all Devices.

15.3 Retention after deletion or termination. After an Account is deleted or this Agreement is terminated, we will delete Customer Data from our active systems within 30 days, and from backups within a further 60 days in line with our backup cycle, unless the law requires us to keep it for longer.

15.4 Records we keep. Despite clause 15.3, we may keep, for as long as the law requires or we reasonably need them for legal, tax, audit, fraud prevention or dispute resolution purposes:

1. billing and transaction records;
2. the record of your acceptance of this Agreement and any later versions; and
3. audit logs of significant Account events.

15.5 Re-registration. If you create a new Account after deleting one, it is a new Account. Customer Data, Subscriptions and Trial status from the deleted Account are not restored or transferred to it.

16. Third-party services

16.1 The Service relies on, or lets you connect to, services provided by third parties, including cloud hosting, identity providers, payment processing, email delivery, mapping and app stores.

16.2 Your use of a third-party service is governed by that third party's terms. We are not responsible for third-party services, their availability, or any loss caused by them, except to the extent that the third party acts as our sub-operator under clause 9.4.

16.3 If a third-party service that the Service depends on becomes unavailable or changes its terms, we may change or remove the affected functionality under clause 19.

17. Intellectual property and feedback

17.1 The Service, the App and all related software, databases, designs, documentation, text, graphics, logos and trade marks, including the name "Trogster" and the Trogster logo, are owned by or licensed to Trogster and are protected by copyright, trade mark and other intellectual property laws.

17.2 Nothing in this Agreement transfers any intellectual property rights in the Service or the App to you. You may not use the Trogster name or logo without our prior written consent.

17.3 If you or your users give us suggestions, ideas or feedback about the Service, we may use them freely, without restriction and without any obligation to you.

17.4 With your prior written consent, we may name you as a customer in our marketing materials. You may withdraw that consent at any time by notifying us.

18. Confidentiality

18.1 Each party (the "recipient") will keep confidential all non-public information disclosed by the other party (the "discloser") that is marked as confidential or would reasonably be understood to be confidential, including Customer Data, pricing, security information and the non-public features of the Service.

18.2 The recipient will use confidential information only to perform its obligations or exercise its rights under this Agreement, and will disclose it only to its employees, contractors, professional advisers and sub-operators who need to know it and are bound by obligations of confidentiality.

18.3 These obligations do not apply to information that is or becomes public through no fault of the recipient, was lawfully known to the recipient before disclosure, is independently developed, or is lawfully received from a third party without restriction.

18.4 The recipient may disclose confidential information where required by law, court order or a regulator, provided that, where lawful, it gives the discloser prompt notice so that the discloser can seek protection.

18.5 These obligations continue for 3 years after this Agreement ends, and for as long as the information remains a trade secret or personal information.

19. Availability, support, updates and beta features

19.1 Availability. We will use reasonable efforts to keep the Service available 24 hours a day, 7 days a week, but we do not guarantee any specific uptime. The Service may be unavailable during scheduled maintenance, emergency maintenance, outages of hosting, network or mobile providers, load-shedding or other events outside our control. Where reasonably possible, we will give advance notice of scheduled maintenance.

19.2 Connectivity. Devices need a working internet connection to sign in, sync Tasks and upload Records. We are not responsible for Records that fail to upload because of network conditions, Device settings, lack of storage, or the App being removed before an upload completes.

19.3 Support. We provide support by email at [support@trogster.com] during South African business hours, Monday to Friday excluding public holidays. We will use reasonable efforts to respond within 2 business days. Help content is also available within the Service.

19.4 Updates. We may update the Service and the App from time to time to add, improve or remove features, fix defects or meet legal requirements. Some updates to the App may be required for it to keep working. If we remove a feature that is material to your paid Subscription, we will give you at least 30 days' notice, and you may cancel before the removal takes effect.

19.5 Beta features. We may make features available that are labelled beta, preview or experimental. These are provided as-is, may be changed or withdrawn at any time without notice, and are excluded from any commitment in this clause 19.

20. Warranties and disclaimers

20.1 Each party warrants that it has full power and authority to enter into and perform this Agreement.

20.2 We warrant that we will provide the Service with reasonable skill and care. If the Service does not materially conform to this warranty, your remedy is for us to use reasonable efforts to correct the problem, and if we cannot do so within a reasonable time, for you to terminate the affected Subscription, and for us to ask Paddle to refund Fees paid in advance for the period after termination.

20.3 Except as expressly set out in this Agreement, and to the fullest extent permitted by law, the Service and the App are provided "as is" and "as available", and we exclude all other warranties, representations and conditions, whether express, implied or by law, including any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation.

20.4 The Service is a tool to help you plan, record and review field work. It does not perform or supervise work, confirm that work meets any standard, guarantee the safety of any person or site, or ensure your compliance with any law, regulation, licence or industry requirement, including the requirements of the Private Security Industry Regulatory Authority. You remain solely responsible for your operations, your staff and your legal and regulatory compliance.

20.5 The Service is not an emergency, alarm or panic system and must not be relied on to request or dispatch emergency help.

21. Limitation of liability

21.1 To the fullest extent permitted by law, neither party will be liable to the other for any indirect, special, incidental, punitive or consequential loss or damage, or for any loss of profit, revenue, business, contracts, goodwill, anticipated savings or data (other than our obligations to restore data from our backups where reasonably possible), however arising, even if advised of its possibility.

21.2 To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with this Agreement, whether in contract, delict (including negligence), under statute or otherwise, is limited to the greater of: (a) the total Fees paid by you for the Service in the 12 months immediately before the event giving rise to the claim; and (b) R1 000.

21.3 During a Trial, or where you have not paid any Fees, our total aggregate liability is limited to R1 000.

21.4 Nothing in this Agreement excludes or limits liability for:

1. fraud or fraudulent misrepresentation;
2. gross negligence or wilful misconduct;
3. death or personal injury caused by negligence;
4. your obligation to pay Fees;
5. your obligations under clauses 6 and 22; or
6. any liability that cannot lawfully be excluded or limited, including under the Consumer Protection Act where it applies.

21.5 The limitations in this clause 21 reflect an allocation of risk between the parties that is reflected in the Fees, and apply even if a limited remedy fails of its essential purpose.

22. Indemnities

22.1 You indemnify Trogster, its directors, employees and agents against all claims, losses, damages, fines, penalties, costs and expenses (including reasonable legal costs on an attorney and own client scale) arising from or connected with:

1. Customer Data, including any claim that its collection or processing infringed the rights of a Field Worker or any other person;
2. your breach of clause 6 or clause 9.2;
3. your failure to comply with POPIA, labour, surveillance or other law in your use of the Service; and
4. any dispute between you and your Field Workers, clients or other third parties about work recorded through the Service.

22.2 We indemnify you against claims by a third party that your use of the Service in line with this Agreement infringes that third party's intellectual property rights, provided that you promptly notify us of the claim, allow us to control its defence and settlement, and give us reasonable assistance. If such a claim is made, we may modify the Service so that it does not infringe, obtain a licence for your continued use, or terminate the affected Subscription. This clause does not apply to claims arising from Customer Data, from combining the Service with anything we did not provide, or from use in breach of this Agreement.

22.3 The party seeking indemnity must take reasonable steps to mitigate its loss and must not settle a claim without the other party's prior written consent, which may not be unreasonably withheld.

23. Force majeure

23.1 Neither party is liable for any failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, strikes, acts of government, load-shedding or failures of the national electricity grid, failures of internet, telecommunications or cloud infrastructure providers, and cyber attacks that could not reasonably have been prevented.

23.2 The affected party must notify the other party promptly and use reasonable efforts to reduce the effect of the event. If the event continues for more than 60 days, either party may terminate the affected Subscription on written notice.

24. Changes to this Agreement

24.1 Each version of this Agreement has a version number and an effective date, shown at the top.

24.2 We may amend this Agreement from time to time, for example to reflect changes to the Service, our business or the law.

24.3 For material changes, we will notify the Account owner by email or in the Service at least 30 days before the changes take effect, unless a shorter period is required by law or for security reasons. Minor changes that do not adversely affect your rights, such as corrections or clarifications, may take effect when published.

24.4 After a material change takes effect, an Admin User may be asked to accept the new version before continuing to use the Web Panel. If you do not accept it, you may cancel your Subscription before the change takes effect, and we will ask Paddle to refund any Fees paid in advance for the period after cancellation.

24.5 Continued use of the Service after a change takes effect, where you have not been asked to accept it expressly, constitutes acceptance of the amended Agreement.

25. Notices and electronic communications

25.1 You agree that we may communicate with you electronically, including by email to the Account owner's address and by notices in the Service. Electronic communications satisfy any legal requirement that a communication be in writing.

25.2 A notice sent by email is deemed received on the next business day after it is sent, unless the sender receives an error message indicating that it was not delivered.

25.3 Legal notices to Trogster must be sent to [legal@trogster.com], with a copy delivered to our address for service in clause 3. Legal notices to you will be sent to the Account owner's email address.

25.4 Each party chooses the address set out in clause 3 (for Trogster) and the address provided in your Account (for you) as its domicilium citandi et executandi for the service of legal process. Either party may change its address by giving written notice to the other.

26. Governing law and dispute resolution

26.1 This Agreement is governed by the laws of the Republic of South Africa.

26.2 Negotiation. If a dispute arises out of or in connection with this Agreement, either party may give the other written notice of the dispute. Senior representatives of both parties will meet, in person or online, and attempt in good faith to resolve it within 20 business days of that notice.

26.3 Mediation. If the dispute is not resolved by negotiation, either party may refer it to mediation administered by the Arbitration Foundation of Southern Africa ("AFSA").

26.4 Arbitration. If the dispute is not resolved within 30 business days after referral to mediation, it will be finally resolved by arbitration under the AFSA rules then in force, by a single arbitrator appointed by AFSA. The arbitration will take place in Cape Town, or online, in English. The arbitrator's award is final and binding, and may be made an order of any competent court.

26.5 Exceptions. Nothing in this clause prevents either party from seeking urgent interim relief from a competent court, or prevents us from recovering unpaid Fees through the courts. For those purposes, the parties consent to the jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town, and to the jurisdiction of the Magistrates' Court where the amount claimed falls within its limits.

27. General provisions

27.1 Whole agreement. This Agreement, together with the Privacy Policy and any order confirmation issued through Paddle, is the whole agreement between the parties about the Service. It replaces all earlier discussions, proposals and agreements on that subject. Neither party relies on any statement or representation not set out in this Agreement.

27.2 Order of precedence. If documents conflict, the order of precedence is: (1) any signed written agreement between you and Trogster that expressly overrides this Agreement; (2) this Agreement; (3) the Privacy Policy; and (4) Paddle's Buyer Terms, as between you and Trogster.

27.3 Severability. If any provision of this Agreement is found to be invalid or unenforceable, it will be severed or limited to the minimum extent needed, and the rest of the Agreement will remain in effect.

27.4 No waiver. A failure or delay by either party in exercising a right is not a waiver of it. Any relaxation or indulgence granted by a party does not prejudice its rights.

27.5 Cession and assignment. You may not cede, assign, delegate or transfer any of your rights or obligations under this Agreement without our prior written consent. We may cede and assign this Agreement to an affiliate or to a successor in connection with a merger, acquisition or sale of all or substantially all of our business or assets, on notice to you.

27.6 Relationship. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship.

27.7 Third parties. Except for clause 22.1, which may be relied on by the persons it protects, no third party may enforce any provision of this Agreement as a stipulation in its favour.

27.8 Certificate of indebtedness. A certificate signed by a director of Trogster stating the amount you owe us is prima facie proof of that amount.

27.9 Language. This Agreement is written in English. Any translation is for convenience only, and the English version prevails.

27.10 Contact. Questions about this Agreement can be sent to info@trogster.com.

Annexure A: Sub-operators