These Terms of Service are a contract between you and Mobenzi Technologies Pty Ltd ("Mobenzi"), a company with its principle place of business at The Boulevard, Block B, 42 Searle Street, Cape Town, South Africa.
Mobenzi operates and owns mobenzi.com, researchconsole.com, the "Mobenzi web consoles", Mobenzi Researcher, Mobenzi Outreach, Mobenzi Gateway, Mobenzi Intelligence, all sub domains, the Mobenzi core mobile application, the Mobenzi ID mobile application ("Mobenzi mobile applications"), collectively the "Product/Service". By using the Product/Service and any services accessible from the Product/Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
1. Description of Product/Service
Mobenzi's Product/Service consists of web-based, "Software-as-a-service" ("SaaS") application(s) and mobile application components. Electronic surveys/forms may be designed using the web-based application and assigned to fieldworkers who access these surveys via the Mobenzi mobile application installed on a compatible device. Completed surveys ("submissions") are uploaded from the mobile application and accessed for review, reporting and analysis purposes via a Mobenzi web console. Adjacent, complementary services are also provided, where available.
By making use of the Product/Service or accessing any of its functionality or the data contain within it, you understand and agree that the Product/Service is provided on an AS IS and AS AVAILABLE basis. Mobenzi disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Product/Service. Mobenzi also reserves the right to modify, suspend or discontinue the Product/Service with or without notice at any time and without any liability to you.
2. BETA Software
You expressly acknowledge that components of the Product/Service are in BETA testing. There may be software bugs, omissions, incomplete features, substandard features, untested code and other errors (collectively "Unresolved Issues"), some known to Mobenzi and others unknown which may affect the performance of the Product/Service. Mobenzi makes no warranties as to the nature, impact, cause or effect of such Unresolved Issues. The date of promotion of the Product/Service to Production software status will be at Mobenzi's sole discretion.
3. Your Account
4. Usage Costs
To make use of the Product/Service, you will be required to select from one of two billing options: Transactional Usage Model or Device License Usage Model.
4.1 Transactional Usage Model ("TUM")
The TUM requires you to purchase credits which allow for the receipt and transmission of data to/from devices linked to your Account (e.g. via the Mobenzi mobile applications). Credit purchases will be performed on a pre-paid basis only. Credits are valid for up to 24 months from date of purchase at which point they expire. Credit extensions may be offered from time to time at an additional cost.
During your use of Product/Service, you may design and deploy various surveys. By using the Product/Service to receive and conduct surveys (completed surveys are referred to as "Submissions") credits are consumed. Upon receipt of a Submission, a corresponding number of credits will be deducted from your credit balance based on the number of responses contained and the amount of data transferred. 1 credit is deducted per standard field (free text, structured text, multiple choice, numeric, location, hidden/calculated field) and 50 credits per megabyte of multimedia or binary data (e.g. photographs, video, audio).
If your credit balance reaches zero, Mobenzi may, at its sole discretion, suspend the Product/Service until such time as you have purchased sufficient credit to process the Submission. It is your sole responsibility to ensure that those who have access to your Account, either directly or via any component of the Product/Service (including but not limited to the mobile application) understand the cost implications of their actions when designing or performing Interactions or any other use of the Product/Service.
The minimum credit purchase is 20,000 credits. Pricing may vary based on purchase volume, location, exchange rates and other parameters. Please consult our website for latest pricing or contact our sales team for an official quotation.
4.2 Device License Usage Model ("DLUM")
The DLUM requires you to purchase device licenses which can be allocated to a corresponding number of devices using the Mobenzi mobile application. A device with a valid license may transmit/receive an unlimited amount of data (subject to Fair Usage Policy) to/from your Account for a flat monthly or annual fee.
A device license must be purchased for a minimum period of 12 months. Payment may be made monthly, in advance, or annually in advance. Unless agreed to in writing otherwise, a license will be deemed to have been activated when a device transmits or receives data to/from your Account or the due date of the corresponding invoice is reached - whichever comes first.
A minimum of 10 device licenses must be purchased. Pricing may vary based on purchase volume, location, exchange rates and other parameters. Please consult our website for latest pricing or contact our sales team for an official quotation.
5. Product Support
All product support queries must be initiated via email. Only emails directed to your allocated support email address or initiated via your Account will be responded to. All reasonable efforts will be used to respond to any queries within 1 business day. You may need to provide a support code/key to authorise your request.
Free, bundled support is included when purchasing credit or device licenses:
For every 20,000 credits purchased, one hour of support time will accrue to a maximum of 50 hours per credit purchase. A code will be issued against which time spent on support requests can be redeemed. Each support code is valid for up to 24 months from issue.
For every 10 device licenses purchased, one hour of support time will accrue each month the license is renewed. If licenses are purchased annually in advance, all support hours for the year will be credited and available immediately. Support is valid for the duration of the license period.
Support queries must state the support code to be used when requesting support. Should you not have sufficient support budget available, our support team will be unable to process your request. Addional support can be purchased when required.
6. Device Compatibility
The official list of supported devices is available on the Mobenzi website. This list is subject to change without notice. Device support is theoretical based on specifications provided by manufacturers and other third parties. Due to the large number of device configuration combinations and network operator dynamics, device support cannot be guaranteed, even if the device appears on the official list. You are encouraged to test compatibility prior to using the Product/Service in production or commercial environments.
7. Browser Compatibility
The officially supported web browsers are Google Chrome 12+, Microsoft Internet Explorer 8+ and Mozilla Firefox 5.0+.
In the course of using the Product/Service, you may provide Mobenzi with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Product/Service (collectively "Feedback"). You hereby grant Mobenzi a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
9. Payments and Refunds
There will be no refunds for partially used credits, licenses, upgrades or downgrades (where applicable) or cancellation of the Product/Service. Should Mobenzi decide to permanently terminate the Product/Service in its entirety, a refund will be issued for unused credits or licenses. Purchases made for airtime or Message Credits are strictly non-refundable. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Product/Service and payments made by you herein.
10. Supported Geographic Markets
The Produce/Service has been used successfully in multiple countries, however availability cannot be guaranteed in every region. Please contact us regarding specific countries or territories you may be interested in deploying the Product/Service.
11. Representations and Warranties
Should you register an account on your organisation's behalf, you must be legally permitted to do so. You must provide the legal name of your organisation, your name, a valid email address, and any other information requested in order to complete the creation of your Account.
12. Intellectual Property Rights
All components of the Product/Service, including, but not limited to trademarks, logos, the web-based interface, graphics, code, training material, mobile application and any other programs are protected by copyright law and international treaties. Unauthorised reproduction or distribution of the Product/Service, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. You acknowledge that Mobenzi owns all right, title and interest in and to the Product/Service, including without limitation all intellectual property rights, and such rights are protected by South African and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Product/Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Product/Service. These rights include rights to (i) the Product/Service developed and provided by Mobenzi; and (ii) all software associated with the Product/Service.
13. Cancellation and Termination
You are solely responsible for properly cancelling your account. Cancellation requests may be issued to support. A confirmation email will be sent to the administrator or account owner of your account. All of your Content will be immediately deleted from the Product/Service upon cancellation. This information cannot be recovered once your account is cancelled. Mobenzi, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Product/Service, for any reason at any time. Such termination of the Product/Service will result in the deactivation or deletion of your Account and applicable components of the Produce/Service or your access to your Account and applicable components of the Product/Service, and the forfeiture and relinquishment of all Content in your Account and applicable components of the Produce/Service. Mobenzi reserves the right to refuse service to anyone for any reason at any time.
14. Modifications to the Product/Service and Prices
Mobenzi reserves the right at any time and from time to time to modify or temporarily discontinue the Product/Service (or any part thereof) with or without notice. Mobenzi additionally reserves the right to permanently discontinue the service. In the event that the service will be permanently discontinued, Mobenzi will advise the client of such action via email and/or website and/or the Produce/Service itself at least 60 days prior to discontinuation to give an opportunity to export any stored data prior to discontinuation. Any unused credit remaining for the client's account when the service is discontinued will be refunded.
Prices of all Products/Services, including but not limited to monthly subscription plan fees (if applicable) to the Product/Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Mobenzi website, the Product/Service itself and/or via email communication. Mobenzi shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Product/Service. Additionally, you expressly acknowledge that during BETA testing, you may have received significantly discounted pricing which provides no indication on future pricing once the Product/Service is promoted to full production.
15. Discontinuation due to non-activity
Mobenzi reserves the right to discontinue, suspend and/or remove a client's Account and/or any related Product/Service(s) and/or data, should the client not make a minimum purchase during a rolling 6 month cycle. The client will be advised of such action via email at least 30 days prior to discontinuation and given an opportunity to either purchase the minimum credit or licenses, or export any stored data prior to discontinuation.
16. Fair usage policy
16.1 Application Programming Interface (API)
Mobenzi reserves the right to throttle or reject API calls and/or web requests should such actions place unreasonable strain on the Product/Service. This may include rejecting repeated API requests for large data exports from the same dataset or other queries which are otherwise unnecessarily resource intensive.
Mobenzi reserves the right, in its sole discretion, to throttle or reject uploads and/or downloads which fall outside normal acceptable usage parameters. This includes, but is not limited to: submissions/surveys containing high resolution multimedia, large quanities of binary data, disproportionate ratios of standard and multimedia fields, and making use of the Product/Service to primarily transmit data intensive files or objects. This may also include rejecting or throttling large data exports.
17. General Conditions
Your use of the Product/Service is at your sole risk. Support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours. You understand that Mobenzi uses third party vendors, network operators, downstream providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Product/Service. You must not attempt to or modify, adapt, reverse engineer or hack the Product/Service or modify another website so as to falsely imply that it is associated with the Product/Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product/Service, use of the Product/Service, or access to the Product/Service without the express written permission by Mobenzi. We may, but have no obligation to, remove Content, Accounts and data containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms. You must not upload, post, host, or transmit unsolicited surveys, email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature.
18. Additional Costs
You acknowledge and accept that the use of the Mobenzi systems may incur additional costs to you or users related to your Account. These costs include, but are not limited to, data transfer charges rendered by your Internet Service Provider (ISP) whilst accessing the Product/Service, data transfer and communication costs rendered by your Mobile Network Service Provider whilst uploading or downloading content to or from the system.
You agree to hold harmless and indemnify Mobenzi, and its subsidiaries, shareholders, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Product/Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
20. Disclaimer of Warranties
THE PRODUCTS/SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE PRODUCT/SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. MOBENZI AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOBENZI AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. MOBENZI DOES NOT WARRANT THAT (I) THE PRODUCT/SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCT/SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE PRODUCT/SERVICE WILL BE CORRECTED. MOBENZI AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. MOBENZI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOBENZI SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE AND/OR PRODUCT/SERVICE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SURVEYS AND CONTENT ON THE SITE AND THE PRODUCT/SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MOBENZI OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE PRODUCT/SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MOBENZI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCT/SERVICE, FROM INABILITY TO USE THE PRODUCT/SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCT/SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCT/SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOBENZI SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Mobenzi or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, network failures, device failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
22. Choice of Law; Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Product/Service will be brought solely in Western Cape, South Africa, and you consent to the jurisdiction of such courts.
23. Amendments to these Terms of Service
We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) these Terms of Service at any time and from time to time, without prior notification to you. Any such amendments shall come into effect immediately and automatically. You undertake to review these Terms of Service prior to using the Produce/Service for any such changes. For convenience only, the date on which these Terms of Service were last amended is shown below the main heading of these Terms of Service.