Terms of Use

These Terms of Use govern your access to and use of this website and the websites, portals and mobile applications of the products listed in our Privacy Statement (the "Services"), provided by Solution House Software (Pty) Ltd ("we", "us" or "our"). By using the Services, you agree to these terms. If you use a product under a written agreement with us, such as a master services, subscription or service level agreement, that agreement prevails over these terms if they conflict.

The information required by section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) is set out on our Company Information page.

• Access to our products is usually provided by your organisation, which is our client.
• Keep your login details confidential. You are responsible for all activity under your account.
• Tell your administrator or us immediately if you suspect that your account has been compromised.
• We may suspend access to protect the security of the Services or other users.

You must not:

• Use the Services unlawfully, or in breach of POPIA or the rights of others.
• Gain unauthorised access to, interfere with or intercept any system or data. These may be offences under the Cybercrimes Act 19 of 2020.
• Introduce viruses, malware or other harmful code.
• Copy, scrape, reverse engineer or decompile the Services, except where the law expressly allows it.
• Use facial recognition, licence plate recognition, onboarding or image-enhancement features to track, profile, harass or discriminate against anyone, or for any purpose other than the lawful purpose agreed with us.
• Alter or enhance images to misrepresent a person's identity or to fabricate evidence.
• Upload content that is unlawful, defamatory, infringing or obtained unlawfully.
• Resell or sub-license the Services without our written consent.

Clients are the responsible parties for personal information processed through their use of our products. Each client must comply with POPIA and our Operator Data Processing Terms, including by having a lawful basis for processing, giving notices and displaying signage, obtaining consents where required, completing privacy impact assessments, obtaining prior authorisation from the Information Regulator where section 57 of POPIA applies, keeping watchlists accurate, and complying with any other law that applies to it, such as the Private Security Industry Regulation Act 56 of 2001 or the Financial Intelligence Centre Act 38 of 2001.

All rights in the Services, including software, source code, designs, trade marks, logos, text and graphics, belong to us or our licensors and are protected by the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993 and other laws. You receive a limited, non-exclusive, non-transferable right to use the Services for their intended purpose. Data captured by a client remains the property of that client.

Information on our websites is general and may change without notice. To the extent permitted by law, the Services are provided "as is" and "as available".

Outputs of facial recognition, licence plate recognition, AI enhancement and analytics are probabilistic and may be inaccurate. They must be verified by a trained person before any action is taken.

Nothing in these terms excludes any warranty or right that cannot lawfully be excluded under the CPA or other law.

To the extent permitted by law, we are not liable for indirect, special or consequential loss, or for loss of profit, revenue or data, arising from the use of or inability to use the Services, third-party services or networks, or action taken on the basis of alerts or outputs without proper verification.

Our total liability for any claim is limited to the fees you paid for the relevant Service in the twelve months before the event that gave rise to the claim.

Nothing in these terms limits liability for gross negligence or wilful misconduct, or any liability that cannot be limited by law, including under section 61 of the CPA.

You indemnify us against claims, losses and costs arising from your breach of these terms, content you upload, or processing of personal information carried out on your instructions in breach of the law.

• You agree that communications from us may be electronic and that they satisfy any legal requirement for writing (ECTA, section 12).
• Agreements may be concluded and signed electronically.
• Where you are a consumer and section 44 of ECTA applies to a transaction, you may cancel it without reason or penalty within seven days after receiving the goods or concluding the agreement for services.
• Where payments are made online, we use payment systems that are sufficiently secure (ECTA, section 46).
• You may request a copy of the record of any electronic transaction with us.

The Services may link to or integrate with third-party websites and services. We do not control them and are not responsible for their content or practices.

We aim to keep the Services available but, unless a service level agreement says otherwise, do not guarantee uninterrupted availability. We may change, suspend or discontinue features. We may update these terms, and the version published here applies from its "last updated" date.

Our processing of personal information is described in our Privacy Statement, PAIA & POPIA Manual, Cookie Policy and Facial Recognition, CCTV & Licence Plate Notice.

These terms are governed by the laws of the Republic of South Africa. The parties will first try to resolve any dispute through good-faith negotiation. Failing that, either party may approach a South African court of competent jurisdiction, including the Western Cape Division of the High Court. You consent to the jurisdiction of the Magistrates' Court in terms of section 45 of the Magistrates' Courts Act 32 of 1944.

If you are a consumer, nothing prevents you from approaching the National Consumer Commission, an accredited ombud or the Consumer Tribunal under the CPA.

We choose Octo Place D7, Elektron Avenue, Techno Park, Stellenbosch, 7600, South Africa as our domicilium citandi et executandi for the service of legal process. Other notices may be sent to info@solutionhouse.co.za.

If any provision of these terms is found to be invalid, the remaining provisions continue to apply. A failure to enforce a right is not a waiver of it. These terms, together with any written agreement with us, are the entire agreement on their subject.