Last Amended: May 13, 2022

1. INTRODUCTION

• The provider grants the user a non-exclusive, non-transferable agreement to use the application and website as permitted by this agreement. By signing up into the website and by making payment to use the application, the user acquires a membership subscription for the use of the website.

• The user may only use the application in connection with the performance of its functions and may not sub-agree, modify, adapt, translate, reverse engineer, decompile or print any part of the application except to the extent permitted by law or this agreement.

• The user may not directly or indirectly, whether alone or together with or through any other person or body, use or exploit the application for any purpose other than for the purpose of enabling clients to post to multiple social media platforms.

• The user understands that the application and website, and related technologies are protected by Copyright Law and as such, the user will not attempt to reverse engineer or otherwise copy the software application, and related technologies other than is necessary for its intended use.

• The user understands that the software application and other product and company names mentioned on the application may be trademarks and/or service marks of their respective owners, and that as such, the user may not use any such trademark or service mark in connection with any product or service in any manner which violates Trademark Law.

2. DEFINITIONS

• In these terms:-

• “application” means the web based software application that is purchased and used through https://standsure.tech/

• “marks” means trade names, trademarks, service marks, logos, domain names and other distinctive brand features Sociamax Proprietary Limited and the application;

• “non-personal information” means the information that is in no way personal information and that is obtained automatically through the user’s use of the application or the application.

• “other websites” means websites and social platforms that the user will have access to using the application, for example, Facebook, Twitter and related websites and website platforms;
• ‘‘personal information’’ means any information concerning an identifiable natural person which, if disclosed, could reasonably be expected to endanger the life or physical safety or general welfare of an individual;

• “the provider” means SociaMax.com, the provider of a web based application for the purpose of enabling clients to post to multiple social media platforms, and enables the collection of metrics off the applicable social media platforms for market analysis purposes.

• “subscription” means the month to month payments made by the user for access to website and the application;

• “website” means https://standsure.tech/

• “user” means the person who has the right to use the web based application.

3. WHO MAY USE YOUR SUBSCRIPTION

• If the user is an individual, their subscription is for their own personal use of the application and website. It may not be shared, resold, subdivided or sublicensed to anyone else (except for immediate family members defined as spouse and any relatives living with the user’s primary residence).

• If the user is an entity using the website and application for the benefit of its employees, business or other purpose, use of the user’s subscription is limited to the agreed number employees during normal business hours and solely for the purpose the software application and website.

• Except as described above, the subscription is not transferable to, or usable by, another person, business or entity without our consent.

• The provider will use certain technologies to monitor the user’s use of the website and application to be certain it is in compliance with the terms of this agreement. Intentional use of the service in a manner inconsistent with this agreement will be grounds for termination of your subscription. No full or partial refunds will be offered for subscriptions terminated for intentional use of the service not in compliance with this agreement.

• Access to the service using special computer programs (Web Robots, Web Wanderers, Crawlers, or Spiders) designed to systematically download the information in the database is strictly prohibited. The provider will use certain technologies to detect the use of these programs.

4. ELECTRONIC COMMUNICATIONS

• By using this application or communicating with the application by electronic means, the user consents and acknowledges that any and all terms, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

5. CHANGES AND AMENDMENTS

• The provider expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out, any prices and rates quoted on the application without prior notice.

6. PRIVACY POLICY

• The application protects the user’s privacy in the following ways:

• No personal information will be disclosed to third parties without the user’s permission or due process.

• The applicationmay provide content, links and services to the user through the application to other websites. The user should be aware that any information disclosed on such sites is not subject to this privacy policy but the policy and terms of that website. Best efforts will be used to make it obvious to the user when leaving entering any such other such website. The application is not responsible for the actions, practices, or content of such other websites linked to or from the website and/or application.

• This privacy policy does not apply to any information the user posts using the application to the other websites (i.e. Twitter, Facebook, etc.), due to the public nature of such postings.

• The provider gathers and will be in possession of the following private and personal information:

• information provided by the user voluntarily which is used to provide a better service to users;

• information automatically provided by the user’s computer (e.g. cookies) which is gathered to better the user’s browsing and interaction with the application and do not damage the user’s system. The user must note that should s/he chooses to reject the application’s cookies, certain functionalities on the application may not work correctly or at all.

• By using the application the user consents to the following:

• the application may use personal information to communicate with users and to provide users with application and other products and services;

• personal information submitted during market research that the user voluntarily participates and personal information collected through market research will be used only by the application and its service providers and contractors and will not be given or sold to a third party without the user’s consent or as otherwise permitted by this privacy policy;

• the application may use the user’s information for non-personal statistical purposes and for market research; and

• the application retains the copyright in databases of personal information of users.

• Users are responsible for ensuring that accurate personal identifiable information is submitted. Inaccurate information will affect the user’s ability to download the application, purchase other products and services from the application, and the application’s ability to contact the user as described in this privacy policy (i.e. the user’s email address should be kept current).

7. MARKET RESEARCH

• From time to time the provider’smarket research department, or contractors and service providers operating on its behalf, may conduct online research surveys in order to gather feedback about the application and website and opinions on important issues, through email invitations, pop-up surveys and online focus groups. When participating in a survey, the provider may ask the user to submit personally identifiable information. This personally identifiable information is used for research purposes, and is not used for sales solicitations. When a third party sponsors a survey, aggregate information of the survey results is reported to the sponsor.

• Personally identifiable information collected through market research will be used only by the provider and its service providers and contractors and will not be given or sold to a third party without the user’s consent or as otherwise permitted by the privacy policy.

• For market research surveys the provider will not knowingly accept survey responses from or conduct interviews with any person under the age of 18. Some surveys may provide remuneration to participants such as a small cash fee for the user’s time.

• Each survey will disclose whether or not it is a paid survey. In addition to collecting survey responses from the users, cookies may be used to authenticate respondents or to help the user pick up where they left off in a survey. If the user has cookies disabled in your browser, they may not be able to participate in some studies.

8. USE OF AGGREGATE DATA

• The providermay combine non-personal information the user provides through the website with information from other users to create aggregate data that may be disclosed to third parties. Aggregate Information does not contain any information that could be used to contact or identify the user. For example, the provider may use information gathered to create a composite profile of all the users of a particular third party site. Depending on the circumstances, the provider may or may not charge third parties for this aggregate information.

• In any case, the providerwill not disclose the user’s personally identifiable information to any third party without the prior permission of the user, except as otherwise permitted by this agreement.

• The provider require parties with whom it shares aggregate information to agree that they will not attempt by any means or use of other parties to transform such information into personally identifiable information.

9. WEB BEACONS

• The providermay also use web beacons to collect non-personal information about the user’s use of the applications of selected sponsors and advertisers, and the user’s use of special promotions or newsletters.

• The information collected by web beacons:

• allows the provider to statistically monitor how many people open emails, and for what purposes these actions are being taken.

• Theweb beacons are not used to track the user’s activity outside of the application or the application of our sponsors. Non-personal information from web beacons will not be linked to personal information without the user’s permission. If the user is a non-registered visitor to the application, the only information the application collects will be non-personal information through the use of cookies or web beacons.

10. USE OF CREDIT CARDS

• The user may have to provide a credit card to purchase other products and services from the provider. The provider uses 3rd party billing services and has no control over these services. The provider will use the best efforts to make sure that the user’s credit card number is kept strictly confidential by using only 3rd party billing services that use the latest security encryption technology to protect the user’s credit card number from unauthorized use. However, the user understands that the provider is in no way responsible for any misuse of the user’s credit card number.

• Should the user use a credit card to purchase products and services offered on by the provider, and then start a charge-back process regarding such a purchase, the companyreserves the right to immediately terminate the user’s account and such account and the credit card number provided will be blacklisted in the application’s systems.

• The user authorises the application to charge the billing source the user has provided for their account each month according to the billing plan selected for the user’s account.

• If the billing source is declined, the applicationwill notify the user at the email address provided in the user’s account. If the user does not provide a valid billing source within 3 business days of this notice, the user’s access to the application will be terminated. Access to the application can be restored by the user providing the proper billing code and the user’s application settings will be kept on file for a period of 90 working days and after such time the application reserves the right to remove such settings from its servers with no liability or notice to the user.

11. BETA USER ACCOUNTS

The provider may offer beta user accounts and the user understands that beta user accounts are offered at the application’s sole discretion and on the terms of the application that there is no guarantee that the user may be selected for a beta user account even if the user applies to receive one.

12. PROMOTIONAL LISTS AND NEWSLETTERS

The user understands that by using the application, their name may be placed on promotional lists to receive emails regarding the application and the website, news from affiliates, and the application’s newsletter. If at any time the user no longer wishes to receive such emails, they should visit the “account settings” section of the application to deactivate this feature.

13. RULES OF CONDUCT WHILE USING THE APPLICATION

• All users of the application, while using the application and/or website, understand and agree to:

• use the application, its content, and the application solely for its intended purposes only;

• not in any way attempt to use any method to gain unauthorized access to any paid features of the application;

• not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the application, its content, and the application;

• not use the application or any content obtained from it to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;

• not use automated scripts to collect information from or otherwise interact with the application or the application;

• not use the application or application to commit any illegal acts as defined by any applicable law or statute, including, but not limited to the laws of the Republic of South Africa, or other such counties governing bodies;

• not use application or application to “stalk” or otherwise harass another person; and

• not harvest or collect email addresses or other contact information from users of our application and service for the purposes of sending unsolicited emails or other unsolicited communications.

14. MONITORING AND REMOVAL OF INFORMATION

• The user understands that the providerreserves the right to monitor all advertisements, public postings and messages to ensure that they follow the application’s content guidelines. The provider is not responsible for the use of any personal information that a user may choose to post on the application and has the right delete, move, or edits messages or materials.

15. INDEMNIFICATION

• The user agrees to indemnify the provider its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to the user’s violation of these terms.

• The user further agrees to indemnify the provider from any other damages that might arise as a result of confidential information being accessed by its competitors, should it be an entity, or by any other person without authorisation.

16. CONFIDENTIALITY

• The provider undertakes to:

 

• keep confidential all confidential information;

• not without the user’s prior written consent, to disclose the confidential information in whole or in part to any other person save those of its directors, employees, agents or professional advisers involved in the implementation of this agreement and provided in all cases that they have a need to know the same; and

• to use the confidential information solely in connection with the exercise or enjoyment of rights and/or the performance of obligations under this agreement.

• The user understands that some confidential information might be shared as a result of the usage of the website and application.

• The user understands that the provider wishes to protect its own and the user’s confidential Information, Intellectual Property and/or from illegal and or unauthorised use of exploitation by agreeing to the terms and conditions detailed herein.

17. DISCLAIMER

• The providerhas no obligation to update any content on the website.

• The provider makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the application or the website are free from errors or omissions or that the service will be 100% uninterrupted and error free or are free of viruses or other harmful components.

• The providerassumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

• The provideris not responsible for any technical malfunction in the user’s use of the application and the application may be temporarily unavailable from time to time for maintenance or other reasons.

• Under no circumstances will the providerbe responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of the application or website, or any interactions between users of the application, online or offline, whether online or offline. The user indemnifies the provider from all liability in regard to any damages that may be suffered in this regard.

• The application is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements.

18. TERMINATION OF SUPSCRIPTION

The user may terminate their subscription with the provider at any time however the user is not entitled to any refunds. The provider may terminate the user’s subscription without notice or refund to the user if the user violates these terms.

19. DISPUTE RESOLUTION

• In the event of any dispute or differences arising as a result of these the Rules of the Arbitration Foundation of Southern will be applicable.

• Questions about this terms must be forwarded the application’s customer service department (sales@solarise.co.za).