End User Licence Agreement

1. Definitions

2. Grant of Licence

Subject to payment of the Subscription Fee and compliance with this EULA, the Licensor grants the Licensee a non-exclusive, non-transferable, revocable licence to:

• Access and use the Software via a web browser for the Licensee's internal NSNP administration purposes
• Permit authorised Users within the Licensee's organisation to access the Software
• Download and print reports and form submissions generated within the Software

This licence does not include any right to:

• Copy, reproduce or redistribute the Software
• Modify, adapt or create derivative works based on the Software
• Sub-licence or resell access to the Software to any third party
• Access the Software's underlying source code
• Use the Software for any purpose other than NSNP administration

3. Subscription Tiers & Fees

All fees are subject to VAT at the applicable rate. Fees are invoiced monthly or annually in advance. A 30-day payment term applies. Late payments accrue interest at the prime lending rate plus 2% per annum.

The Licensor reserves the right to adjust fees annually, subject to 60 days' written notice.

4. Intellectual Property Ownership

The Software, including its source code, design, architecture, user interface, documentation and all updates thereto, is and shall remain the sole and exclusive intellectual property of Azania Digital Solutions (Pty) Ltd, protected under the Copyright Act 98 of 1978 and all applicable South African and international intellectual property laws.

The Licensee acknowledges that:

• No title or ownership of the Software is transferred under this EULA
• The Licensee acquires only a limited right to use the Software as described herein
• Any feedback or suggestions provided by the Licensee may be used by the Licensor to improve the Software without compensation to the Licensee

4.1 Client Data Ownership

All Client Data submitted through the Software remains the property of the Licensee. The Licensor holds a limited licence to store, process and display that data solely for the purpose of providing the service. The Licensor will not use Client Data for any other purpose without the Licensee's explicit consent.

5. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party in connection with this agreement. The Licensor agrees specifically to:

• Not disclose Client Data to any third party except as required by law or as necessary to provide the service
• Implement reasonable security measures to protect Client Data
• Notify the Licensee promptly of any security breach affecting their data

Confidentiality obligations survive termination of this agreement for a period of five (5) years.

6. Service Levels & Support

6.1 Uptime Commitment

The Licensor commits to platform availability of 99% per calendar month, excluding scheduled maintenance windows and events beyond the Licensor's reasonable control.

6.2 Scheduled Maintenance

Scheduled maintenance will be performed during off-peak hours (weekends or after 20:00 on weekdays) with at least 24 hours' notice via the platform.

6.3 Support Channels

Support is provided via the in-platform support ticket system and via email. Response times are as specified in the Terms of Use.

6.4 Updates

Software updates, bug fixes and new features are included in the Subscription Fee and will be applied without disruption to the service.

7. Data Processing

Where the Licensee is a government body, this EULA must be read together with the Data Processing Agreement (DPA), which governs the processing of personal information in accordance with POPIA. Execution of this EULA constitutes acceptance of the DPA.

8. Warranties & Disclaimers

The Licensor warrants that:

• It has the right to grant the licence described in this EULA
• The Software will perform materially as described in the documentation
• It will implement reasonable security measures to protect Client Data

The Licensor does not warrant that the Software will be error-free or uninterrupted, or that all defects will be corrected within any specific timeframe.

The Software is provided to assist with NSNP administration. Final responsibility for the accuracy of data submitted and decisions made rests with the Licensee and its authorised officials.

9. Limitation of Liability

To the maximum extent permitted by South African law, the Licensor's total liability under this EULA shall not exceed the total Subscription Fees paid by the Licensee in the twelve (12) months preceding the claim.

The Licensor shall not be liable for indirect, consequential, special or punitive damages, including loss of data, loss of revenue, or reputational harm, even if advised of the possibility of such damages.

10. Term & Termination

This EULA commences on the date of first access and continues until terminated. Either party may terminate with 30 days' written notice. The Licensor may terminate immediately upon:

• Material breach of this EULA that remains uncured for 14 days after written notice
• Non-payment of Subscription Fees for more than 30 days
• Insolvency or liquidation of the Licensee
• Use of the Software for unlawful purposes

On termination, the Licensor will provide the Licensee with an export of all Client Data within 30 days. After 90 days, data will be permanently deleted.

11. Governing Law & Dispute Resolution

This agreement is governed by the laws of the Republic of South Africa. Disputes shall first be referred to senior representatives of both parties for resolution. If unresolved within 30 days, disputes shall be referred to mediation through the Arbitration Foundation of Southern Africa (AFSA) before any court proceedings.

12. Entire Agreement

This EULA, together with the Privacy Policy, Terms of Use and Data Processing Agreement, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations or agreements. No amendment shall be valid unless in writing and signed by both parties.