Terms of Service, Privacy & Security Policy

Effective Date: 1 January 2023 • Last Updated: 5 May 2025

1. Introduction

These Terms of Service (“Terms”) govern your use of AgriWater’s websites, mobile applications (iOS & Android), and IoT‑enabled devices (collectively, the “Services”). By accessing or using any Service you accept and agree to be bound by these Terms and our Privacy Policy.

2. Definitions

“Client” means an individual or entity that purchases or subscribes to any AgriWater Service. “Device Data” means telemetry or sensor data generated by AgriWater IoT hardware. Other terms have the meanings given in applicable privacy laws (e.g. POPIA, GDPR).

3. Eligibility & Account Registration

You must be at least 18 years old and legally capable of entering into contracts to use the Services. You are responsible for keeping your login credentials confidential and for all activities that occur under your account.

3A. Account Suspension & Termination

AgriWater may suspend or terminate your access for material breach of these Terms, suspected fraud, unlawful activity, or to comply with a court order. Upon termination:

• Your login credentials are deactivated immediately.
• Operational Device Data continues to stream but is accessible only to AgriWater for maintenance and safety purposes.
• After the retention period stated in § 4A, personal data is deleted or anonymised, except where we must keep it to defend legal claims or to satisfy statutory obligations.

Termination does not affect any accrued rights and remedies of either party.

3C. Password & Client Responsibilities

You are solely responsible for:

• Account credentials – choose a strong, unique password, keep it confidential, change it periodically, and enable multi‑factor authentication (2FA) where available.
• Prompt notice of unauthorised use – notify AgriWater immediately at [email protected] if you suspect any breach of your account or Device.
• Physical and environmental security – keep each IoT Unit in a secure location, protect it from tampering, and install firmware or software updates supplied by AgriWater without undue delay.
• Lawful use – use the Services and Units only in compliance with these Terms and all applicable laws and regulations, including export controls and environmental rules.
• Back‑ups – maintain any back‑ups or redundant systems you require for your operational continuity; AgriWater is not responsible for local data stored solely on your premises.

Failure to meet these responsibilities may result in suspension, Device blacklisting (see § 3B), or other remedies described in these Terms.

3B. Device Blacklisting & Network Access

AgriWater reserves the right to remotely blacklist (de‑activate) any AgriWater‑branded IoT device (“Unit”) under the circumstances below. A blacklisted Unit is blocked from the AgriWater device network, cloud API, and mobile/​web apps; its telemetry is no longer processed, and control functions cease to operate.

Grounds for Blacklisting

• Non‑payment — any invoice relating to the Unit is more than 30 days past due (or the period stated on your purchase order, whichever is longer).
• Unauthorised modification — you (or a third party acting for you) open, alter, reverse‑engineer, or replace the Unit’s hardware, firmware, or software, or load non‑AgriWater code, in breach of the licence granted in § 6 IoT Data Ownership & Licence.
• Security or safety risk — the Unit is operated in a way that threatens network integrity, violates applicable law, or poses a danger to persons, property, or the environment.

Procedure

1. AgriWater will send a written notice (email is sufficient) describing the breach and, where reasonable, give you 14 days to cure it.
2. If the breach is not cured within that period—or is so severe that immediate action is required—the Unit will be blacklisted without further notice.
3. Re‑activation is possible once the breach is fully cured and you pay all outstanding amounts plus a **reactivation fee** (covering admin and QA), currently USD 15 000 per Unit (subject to change).

Effects of Blacklisting

• The Unit stops functioning and cannot communicate with the AgriWater platform until re‑activated.
• Any associated user accounts lose access to Unit data in the app and dashboard.
• Anonymised telemetry already stored may continue to be processed for analytics as set out in § 6.

AgriWater is not liable for losses, crop damage, downtime, or other consequences arising from blacklisting. Blacklisting does not waive or reduce your payment obligations under the original purchase or service agreement.

4. Data Collection & Privacy

We collect personal information (e.g. name, email, phone) and Device Data to deliver and improve the Services, under the legal bases of consent, contractual necessity, and legitimate interest. Key points include:

• You may access, correct, or delete your data at any time (see [email protected]).
• We use encryption, firewalls, access controls, and intrusion‑detection systems to safeguard data.
• In the event of a breach posing risk to your rights or freedoms, we will notify you and regulators within 72 hours.

4A. Data Retention & Deletion

Personal information is stored only while (i) your AgriWater account is active, (ii) a contractual or legal obligation is still running, or (iii) it is needed for legitimate business purposes such as security audit logs. Our standard retention period is five (5) years after you close your account, after which the data is deleted or irreversibly anonymised. Anonymised Device Data may be kept indefinitely for research and product improvement.

Want your data erased sooner? Email us at [email protected] with the subject “Data Deletion Request.” We will remove your personal data and confirm completion—normally within 30 days—unless retaining specific items is mandatory under law (for example, tax records or evidence required to defend legal claims).

5. Agent Access & User Profile Management

AgriWater agents may temporarily access your IoT system during installation. On first login you can keep or revoke that access. Revoked access still allows agents to view data and send alerts but not to control the system. You may delete your user profile in the app; upon deletion we retain only anonymised Device Data for statistical purposes.

6. Intellectual Property & IoT Data Ownership

6.1 AgriWater Intellectual Property

All content and technology made available through the Services—including but not limited to software code, firmware, mobile‑app binaries, APIs, documentation, schematics, text, graphics, photographs, video, and audio (“Materials”)—are the exclusive property of AgriWater Treatment Specialists (PTY) Ltd or its licensors. AgriWater, RainBox™, RainBot™, and all associated logos are trademarks or registered trademarks of AgriWater. Nothing in these Terms transfers ownership of the Materials to you; you receive only a non‑exclusive, revocable licence to use them as needed to access the Services and operate your authorised IoT devices.

6.2 Restrictions

• You may not copy, modify, de‑compile, reverse‑engineer, or create derivative works from the Materials, except to the limited extent that applicable law expressly permits despite this restriction.
• You may not remove copyright, trademark, or other proprietary notices or attempt to bypass technical protection measures.
• You may not use any AgriWater trademark without our prior written consent, other than to identify AgriWater as the source of the Services.

6.3 IoT Device Data

Telemetry and performance data generated by AgriWater IoT hardware (“Device Data”) are also AgriWater intellectual property. You grant AgriWater a worldwide, royalty‑free licence to store, process, and use Device Data—in anonymised form—for research, analytics, and product improvement. Personal information contained in Device Data, if any, is handled according to § 4 and § 4A of these Terms.

6.4 Feedback

If you submit comments, ideas, or suggestions about the Services (“Feedback”), you grant AgriWater an irrevocable, perpetual, royalty‑free licence to use that Feedback for any purpose without restriction or compensation.

7. Third‑Party Services & Sub‑Processors

To operate the Services, AgriWater engages a number of trusted third‑party providers under written data‑processing or platform agreements. These partners process limited client data only for the purposes we authorise and subject to confidentiality and security obligations. Key categories and examples include:

• Analytics & Performance Monitoring — Google Analytics, Meta Pixel (Facebook Ads), and similar tools that help us understand traffic and measure campaign effectiveness.
• Translation & Localisation — OpenAI API for real‑time language translation of our website and certain app screens.
• AI Processing — OpenAI API, used to generate non‑personalised text (e.g. knowledge‑base answers, predictive alerts). Only anonymised or aggregated input is sent to OpenAI; raw personal data is never shared.
• Cloud Infrastructure / CDN — Cloudflare, and SMTP 2 GO for hosting, content delivery, and transactional email.
• Social‑Media Integrations — Facebook, Instagram, LinkedIn, and YouTube widgets that allow you to share content or sign in via your social‑media account. Your interactions with those widgets are governed by each platform’s own privacy policy.

Each provider’s privacy policy applies in addition to this one (examples: Google, OpenAI, Meta Platforms). AgriWater remains responsible for vetting and monitoring these processors, but is not liable for security incidents solely attributable to their systems and beyond our reasonable control.

7A. Limited Warranty

7A.1 Coverage & Duration

AgriWater Treatment Specialists (PTY) Ltd (“AgriWater”, “we”, “us”) warrants that each RainBox™ unit and its factory components will be free from defects in materials and workmanship under normal use for one (1) year from the date of purchase.

7A.2 Scope of Remedy

If a defect arises and a valid claim is received within the warranty period, AgriWater will, at its sole option, repair the unit, replace it with a new or refurbished unit, or refund the purchase price. This warranty is provided on an Ex Works (EXW) basis: you are responsible for shipping the faulty unit to us (or an authorised partner) and for return freight of the repaired or replacement unit.

7A.3 Claim Procedure

1. Contact AgriWater at [email protected] (or via an authorised partner) with proof of purchase and a description of the fault.
2. Carry out basic troubleshooting and provide supporting evidence (photos, videos) if requested.
3. If instructed, ship the unit to the address we provide and keep your shipping receipt.
4. We will inspect the unit and let you know whether the claim is approved. If approved, we carry out the chosen remedy; if rejected, we will offer paid repair or replacement options.

7A.4 Exclusions

• Normal wear and tear.
• Damage caused by misuse, neglect, improper installation, or unauthorised modifications/repairs.
• Damage resulting from external events (e.g. lightning, flooding, fire, accidental impact).
• Indirect or consequential losses (crop loss, downtime, data loss, etc.).

7A.5 Limitation of Liability

The remedies above are your sole and exclusive remedies. AgriWater’s total liability under this warranty will not exceed the purchase price of the affected unit. Any statutory rights that cannot be disclaimed remain in force.

7A.6 Transfer & Governing Law

This warranty applies only to the original purchaser and is non‑transferable. It is governed by South African law and any dispute relating to it is subject to § 13 (Governing Law & Dispute Resolution).

8. Security, Data Loss & Voluntary Disclosure

While we employ best‑practice safeguards, no system is entirely immune to cyber threats. You are responsible for maintaining your own backups and securing local devices. AgriWater disclaims liability for damages arising from ransomware, malware, or force majeure events.

Information you voluntarily post or transmit is shared at your own risk; we cannot control how third parties use voluntarily disclosed data.

9. Limitation of Liability

AgriWater is not liable for any indirect, incidental, special, or consequential damages, or for service interruptions, connectivity failures, or third‑party breaches, to the maximum extent permitted by law.

9A. Force Majeure & Operational Responsibilities

9A.1 Force Majeure

AgriWater shall not be liable for any delay or failure to perform its obligations caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, lightning, fire, flood, epidemic or pandemic, government action, war, terrorism, labour disputes, power outages, Internet or telecommunications failures, or the acts or defaults of third‑party suppliers (“Force Majeure Event”). Obligations affected by a Force Majeure Event are suspended for its duration. If the event continues for more than 60 days, either party may terminate the impacted order or service without penalty.

9A.2 Qualified Electrician Requirement

You agree to engage a licensed electrician to install, connect, and maintain all AgriWater hardware in compliance with local electrical codes and the installation manual. AgriWater is not responsible for damage or injury arising from improper wiring, grounding, or power supply.

9A.3 Client Insurance Obligation

You must maintain at your own expense (i) all‑risk property insurance covering each AgriWater unit for its full replacement value and (ii) public‑liability insurance that is adequate for your agricultural or industrial operations. AgriWater may request proof of such coverage. Failure to carry insurance does not expand AgriWater’s liability under these Terms.

10. Indemnification

You agree to indemnify and hold AgriWater, its directors, employees, and agents harmless from any claim, loss, or demand (including reasonable attorneys’ fees) arising out of your violation of these Terms or applicable law.

11. Modifications to Terms

We may amend these Terms at any time. Changes take effect when posted at this URL. Continued use of the Services after updates constitutes acceptance.

12. Global Compliance Addendum

Jurisdiction‑specific rights and disclosures for the USA (CCPA/CPRA), Canada (PIPEDA), Mexico (LFPDPPP), and Australia (APPs) appear in the Appendix—Global Privacy Addendum.

12A. Law‑Enforcement Requests

AgriWater may disclose personal data to police or other competent authorities when required by:

• a valid subpoena, warrant, or court order;
• an emergency request where disclosure is necessary to prevent imminent threat to life or serious injury; or
• applicable legislation (e.g. the South African Cybercrimes Act).

All such disclosures are logged, minimised to what is legally required, and you will be notified unless the law prohibits us from doing so.

13. Governing Law & Dispute Resolution

These Terms and any non‑contractual obligations arising from or in connection with them are governed by the laws of the Republic of South Africa, without giving effect to conflict‑of‑law rules.

13.1 Exclusive Jurisdiction

All disputes, claims, or proceedings (“Disputes”) that the parties cannot resolve informally shall be submitted to the Western Cape Division of the High Court of South Africa, Cape Town, or such other South African court solely at AgriWater’s election. You and AgriWater irrevocably waive any objection to venue, forum non conveniens, or lack of personal jurisdiction in those courts.

13.2 Time Limit to Bring Claims

Any claim or cause of action must be filed within twelve (12) months after the date it arose; otherwise, it is permanently barred.

13.3 No Class Actions

Disputes shall be litigated only on an individual basis; neither party may bring a claim as a plaintiff or class‑member in any purported class, consolidated, or representative proceeding.

13.4 Emergency Injunctive Relief

Notwithstanding the above, AgriWater may seek urgent injunctive or equitable relief in any jurisdiction to protect its intellectual property or confidential information.

14. Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

15. Contact Information

Questions? Email [email protected] or write to AgriWater Treatment Specialists (PTY) Ltd, 85 Davidson Road, Caledon Square, George, 6529, South Africa.

Appendix — Global Privacy Addendum

This appendix supplements our Privacy Policy for residents of the United States (California), Canada, Mexico, and Australia. It explains local privacy rights and how to exercise them. (Content unchanged, deduplicated from source document.)

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