Terms of Service

These Terms of Service ("Terms") govern access to and use of the ActiviTrack platform, including the web application, mobile application, and API, operated by Seventh Son Consulting Services (Pty) Ltd (reg. 2023/888982/07) ("SSCS", "we", "us").

ActiviTrack is a business-to-business platform. These Terms apply to the entity that has entered into a service agreement or statement of work with SSCS ("Client"). Individual field workers and administrators who access the platform do so on behalf of and under the authority of the Client.

“Platform”

The ActiviTrack web application, mobile application, API, and any associated services operated by SSCS.

“Client”

The business entity that has entered into a service agreement or statement of work with SSCS and is authorised to access the Platform.

“Authorised Users”

Employees, contractors, or agents of the Client who are granted access to the Platform by the Client.

“Client Data”

All data uploaded to, processed by, or generated through the Platform on behalf of the Client, including workforce records, geospatial progress data, and biometric enrollment data.

“Service Agreement”

The written statement of work, proposal, or contract executed between SSCS and the Client, which these Terms supplement.

“POPIA”

The Protection of Personal Information Act 4 of 2013 (South Africa).

Subject to these Terms and the applicable Service Agreement, SSCS grants the Client a limited, non-exclusive, non-transferable right to access and use the Platform for the Client's internal business purposes during the subscription term.

The Client must not:

• Resell, sublicense, or provide access to the Platform to any third party that is not an Authorised User of the Client.
• Reverse engineer, decompile, disassemble, or attempt to derive source code from any part of the Platform.
• Use the Platform in a manner that violates any applicable law, including POPIA, or any third party's rights.
• Introduce malicious code, conduct penetration testing, or deliberately attempt to disrupt or degrade Platform performance without SSCS's prior written consent.
• Use the Platform to process personal information for purposes other than those disclosed to data subjects in accordance with POPIA.

The Client is responsible for all acts and omissions of its Authorised Users in connection with the Platform.

Responsible party / operator split

The Client is the responsible party under POPIA for the personal information of its employees and contractors processed through the Platform. SSCS is the operator. The Client is responsible for ensuring it has a valid lawful basis to process personal information (including biometric data) and for obtaining required consents from data subjects before enrolling them in any Platform feature.

Biometric data

Where the Client uses the facial recognition clock-in feature, the Client must obtain explicit written consent from each enrolled individual in accordance with POPIA Section 26 before enrollment. SSCS processes only the embedding vector (not raw images) as directed by the Client.

Data return & deletion

On termination of the Service Agreement, SSCS will, at the Client's election, return or securely delete Client Data within 30 days. Biometric embeddings are deleted in accordance with the retention periods documented in the applicable data processing agreement. SSCS's full data handling obligations are set out in the POPIA Compliance Statement and the Privacy Policy.

The Platform, including all software, algorithms, designs, documentation, and training data developed by SSCS, is and remains the exclusive property of SSCS. These Terms do not transfer any ownership interest in the Platform to the Client.

Client Data remains the property of the Client. The Client grants SSCS a limited licence to process Client Data solely to the extent necessary to provide the Platform and fulfil SSCS's obligations under the Service Agreement.

SSCS will use reasonable efforts to keep the Platform available. No specific uptime guarantee applies unless an SLA is agreed in writing in the applicable Service Agreement.

SSCS may take the Platform offline for scheduled maintenance, security patching, or emergency remediation. Where reasonably practicable, SSCS will provide advance notice of planned maintenance windows.

Support is provided by email to info@sscservices.co.za. Response times and scope are as agreed in the Service Agreement. Where no specific support terms are agreed, SSCS will respond during South African business hours on a reasonable efforts basis.

Fees are as set out in the applicable Service Agreement or proposal. Unless otherwise agreed, invoices are due within 30 days of date of issue.

SSCS reserves the right to suspend the Client's access to the Platform, on written notice, where:

• An invoice remains unpaid for more than 30 days after its due date.
• The Client is in material breach of these Terms and has not remedied the breach within 14 days of written notice.
• SSCS reasonably believes continued access poses a security or legal risk to the Platform or to other clients.

Suspension does not release the Client from its payment obligations. Client Data is preserved during a suspension period for a minimum of 60 days before SSCS has any right to delete it.

To the maximum extent permitted by South African law, SSCS's total aggregate liability to the Client under or in connection with these Terms and the Service Agreement shall not exceed the total fees paid by the Client to SSCS in the 12 months immediately preceding the event giving rise to the claim.

SSCS is not liable for any indirect, special, incidental, consequential, or punitive loss, including loss of profit, loss of data, or reputational harm, even if SSCS has been advised of the possibility of such loss.

The Client indemnifies SSCS against any claims, losses, or regulatory penalties arising from the Client's failure to obtain required POPIA consents from its employees or contractors, or from the Client's misuse of the Platform.

Either party may terminate the Service Agreement in accordance with the notice provisions set out in that agreement. Where no notice period is specified, either party may terminate on 30 days' written notice.

SSCS may terminate immediately on written notice where the Client:

• Commits a material breach that is incapable of remedy.
• Is liquidated, placed under business rescue, or becomes commercially insolvent.
• Uses the Platform in a manner that SSCS reasonably believes constitutes a violation of applicable law.

On termination: access is revoked, outstanding fees become immediately due, and SSCS will action the Client's data return or deletion request within 30 days. Clauses 4 (IP), 7 (Liability), and 9 (General) survive termination.

Governing law

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms is subject to the non-exclusive jurisdiction of the South African courts.

Entire agreement

These Terms, together with the applicable Service Agreement and the Privacy Policy, constitute the entire agreement between SSCS and the Client with respect to the Platform. They supersede all prior representations, discussions, and agreements relating to the same subject matter.

Amendments

SSCS may update these Terms from time to time. Material changes will be communicated to active Clients by email at least 30 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.

No waiver

Failure by either party to enforce any right under these Terms does not constitute a waiver of that right.

Contact

Questions about these Terms: info@sscservices.co.za
Seventh Son Consulting Services (Pty) Ltd
Johannesburg, Gauteng, South Africa