Terms and Conditions
Last Updated: 15 May 2020
We try to keep things simple and clear. Please read through our promise (terms and conditions), which we tried to write in a way that everybody understands.
1. Clarifying some lingo and concepts
This part is to make sure we mean what we say. If you find any Latin, please skip over it, because it is most probably some leftover ‘"orem ipsum" text that we used as placeholders.
1.1 If we say "you", "your" or "entity", we mean both you as the individual as well as the entity or entities that you belong to.
1.2 "Services" means the services provided by the Tootix.net online platform.
1.3 "Subscription" or "Subscriber": By subscribing as a Tootix user and creating an entity, you are accepting our terms and payment terms as part of your subscription.
1.4 "User", "roles" and "access": It is the responsibility of the entity administrators to administer users themselves through activation or deactivation as required. The Tootix user licenses are charged based on the active users in the previous month.
1.5 "Tootix": Refers to the services supplied by Tootix Technology Solutions (Pty) Ltd, Registration Number: 2012/182185/07, Registered in the Republic of South Africa.
2. Using the service and termination
Some rules for using Tootix, and rules that apply in the unlikely event that you no longer want to use it:
2.1 All users with a valid and paid-up subscription or users who are using the service as part of a beta program or promotion can do so within the boundaries of the terms set out in this agreement. Your access can be invoked by an entity and such action is out of the control of Tootix.
2.2 Termination by user: Termination by the user of the service can be performed via written notice on your company letterhead to email@example.com, at least one calendar month in advance. All outstanding payments will remain payable and no refunds will be made.
2.3 Termination by Tootix: Tootix may choose to terminate your service and will in normal circumstances give one month’s notice before doing so. We may however terminate your subscription immediately if we find you to be in breach of our terms, if we suspect unlawful usage, or in the event of non-payment.
2.4 Your promise and responsibility: You promise to use the service within the boundaries of the terms, keep your contact details current, and make timeous payments.
3. Data use and privacy
We all love and cherish our data, so we want to give you peace of mind that we will do the same.
3.1 Use of data: All your data belongs exclusively to you, but you authorise us to use, copy, transmit, store, analyse, and back up all data through our services.
3.2 Your data will never be shared with any third party, other than for the purpose of integration with third-party tools. Such tools include e-mail services, text messaging, hosting, communication applications, etc. We select our third-party providers with the utmost care and only partner with those who share our values with regards to data protection and privacy.
3.3 Your data will never be sold to anybody.
3.4 You grant us permission to use your data to enable you to use our services; to collect statistics that will allow us to improve, develop and protect our services; and to communicate with you about your subscription.
3.5 Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we will communicate to you.
3.6 Data breach notifications: Whenever we suspect or confirm any breach in security that might compromise your data in any way, you will be notified immediately.
In an ideal world, everybody would be honest and would not take other people’s stuff. Unfortunately, this is not the case and therefore we need to look at securing ourselves.
4.1 We invest in technology, processes, and procedures to ensure our platform and ultimately your data are safe and secure.
4.2 If we suspect unauthorised access to your data, you will be notified immediately.
4.3 We will continue to improve our security and related features, which might add an additional click or two, but all to basically add another lock to the door. This could include latest technology or best practices such as two-step authentication. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
4.4 Playing your part: You have an important part to play by keeping your login details secure, not letting any other person use them, and making sure you have strong security on your own systems. Basically, we cannot protect your house from somebody you have given the key to.
5. Maintenance, downtime and data loss
We all know that technology is great until it is not. We really try to minimise downtime and interruptions, but sometimes it’s necessary so that we can keep our services updated and secure.
5.1 Availability: We strive to maintain the highest availability of our services, and provide email support or online support, 24 hours a day. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance, but cannot guarantee it.
5.2 Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
5.3 Data loss: Data loss is an unavoidable risk when using any technology. We cannot take any responsibly in the event that it happens.
5.4 No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
5.5 Problems and support: All support will be done via e-mail or through our online support. The only telephonic or in-person support will be through our partner network.
5.6 Modifications: We frequently release new updates, modifications, and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).
6. Your promise
As with any relationship, we need to ensure that both parties know what is expected. Most of the time it is obvious, but just be sure we outline the do’s and don’ts.
6.1 Support: Please use our online support to log a case and one of our support consultants will assist you as soon as possible.
6.2 Limitations: Some of our services may be subject to limits such as a data size or number of e-mails. Please respect these limitations, even if they are not yet strictly enforced.
6.3 No-charge or beta services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
6.4 While we can’t cover everything here, we do want to highlight a few more examples of things you should not do:
6.4.1 Anything that will breach or undermine the security or integrity of our platform or services.
6.4.2 Use our services in any way that might impair functionality or interfere with other people’s use.
6.4.3 Gain, or attempt to gain, unlawful access to any system, service or component without permission.
6.4.4 Attack or expose our services to any form of viruses or other malicious code.
6.4.5 Use the platform to plan, execute, monitor or in any way to partake in terrorist or any unlawful activity.
6.4.6 Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
6.4.7 Resell, lease or provide our services in another environment without such permissions
7. Liability and Indemnity
If something happens that is out of the norm, it is not something that either party planned or wished for. In the unlikely event of this happening, we want to ensure we are on the same page in terms of liability and indemnity.
7.1 You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product.
7.2 Disclaimer of warranties: Our services and all third-party products are made available to you on an 'as is' basis. We supply no warranties in terms of the up-time and availability of our services in any way.
7.3 Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
7.3.1 We have no liability arising from your use of our services for any loss of revenue or profit; loss of goodwill; loss of customers; loss of capital; loss of anticipated savings; legal, tax or accounting compliance issues; damage to reputation; loss in connection with any other contract; or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
7.3.2 For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
7.3.3 Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
8. Resolving Issues
Sometimes issues arise that is outside the domain of technical support and you desperately would like to get in touch with management.
Do not hesitate to use the Contact Us section on our website and somebody will revert back to you as soon as possible.
9. Changes to our terms and conditions
The world changes all the time and as a result, we will have to make changes to these terms from time to time.
In the event that we make changes to our terms and conditions, we will endeavour to:
9.1 Inform you via e-mail of such changes in advance.
9.2 Publish the new terms and conditions on our website.
9.3 Clearly indicate the material changes to the terms.
9.4 Allow all users to accept the new terms in our platform.
10. Pricing and payment
If you are on a free trial or valid promotion, the conditions will apply. For paid versions, the selected plan and pricing will apply with the following terms and conditions:
10.1 Pricing might vary between countries for other reasons than exchange rate alone.
10.2 . Depending on your country, subscription fees may be inclusive or exclusive of transactional taxes where relevant (like VAT and GST), as reflected in the pricing plan.
10.3 All price increases, regardless of when you started using the service, will occur by 1 March every year and carry a 5% increase, unless otherwise communicated or agreed.
10.4 We will do our utmost to refrain from material changes to our pricing model. In the unlikely event that we however do need to make such changes, you will be notified in advance.
10.5 To avoid delayed or missed payments, please make sure that we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription. Please note: There could be a delay in reactivating your service, which would be the same number of days as the late payment.