Terms of Service

1. Acceptance of Terms

These Terms constitute a binding agreement between you and Perceptix. If you are accepting these Terms on behalf of a company, organisation or other legal entity, you represent that you have authority to bind that entity. In that case, “you” and “your” refer to that entity.

Additional product-specific terms, order forms, or service level agreements may apply to particular Services. In the event of a conflict between these Terms and a signed order form or enterprise agreement, the signed document will prevail in respect of the subject matter it covers.

2. Eligibility

To use the Services you must:

• be at least 18 years of age, or the age of majority in your jurisdiction if higher;
• have the legal capacity to enter into a binding contract; and
• not be prohibited from using the Services under applicable law.

Business customers must be duly incorporated or registered entities and must designate authorised users who meet the eligibility requirements above.

3. Definitions

In these Terms:

“Account” means a registered user account for any of the Services.

“Business Customer” means an organisation that subscribes to or uses the EchoGuard Construction Site Platform under a commercial arrangement with Perceptix.

“Customer Data” means data, content, video streams, images, configuration settings and other information submitted to or processed through the Services by or on behalf of a user or Business Customer.

“EchoGuard Construction Site Platform” or “Platform” means the business-to-business software-as-a-service solution that integrates with customer-owned CCTV cameras to support site security, safety monitoring and operational oversight.

“EchoGuard Mobile Application” or “App” means the consumer mobile application available on Android and iOS that provides public safety information, crime statistics, emergency information, area insights and related features.

“Individual User” means a natural person who uses the EchoGuard Mobile Application or visits our website in a personal capacity.

“Subscription” means a paid plan for access to one or more of the Services.

4. Services Provided

Perceptix provides the following primary Services:

4.1 EchoGuard Mobile Application

The App is a consumer-facing mobile application intended to assist users in making safer decisions by providing access to public safety information, crime statistics, emergency information, area insights and related features. Certain advanced features (such as plate search or access to authorised databases) may be limited to paid plans and are available only where legally permitted.

4.2 EchoGuard Construction Site Platform

The Platform is a software-as-a-service solution offered to construction companies, contractors, developers, municipalities and security companies. It enables integration with cameras controlled by the Business Customer for the purpose of supporting site security, safety monitoring and operational oversight. Features may include AI-supported detection, alerting, dashboards and multi-device access, depending on the plan selected.

We reserve the right to modify, add or remove features from time to time. Material changes that significantly reduce core functionality of a paid plan will be communicated in advance where practicable.

5. User Accounts

Certain features require an Account. You agree to provide accurate, current and complete information when registering and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.

You must notify us promptly of any unauthorised use of your Account or any other security breach. We are not liable for loss arising from unauthorised use of your credentials where we have not been negligent.

6. Business Accounts

Business Customers may create organisational accounts and invite authorised users. The Business Customer is responsible for:

• ensuring that only authorised personnel have access;
• managing user permissions and promptly deactivating access when no longer required;
• compliance with these Terms by all of its authorised users; and
• all charges incurred under the organisational account.

The Business Customer remains the primary contracting party and is jointly and severally responsible with its authorised users for obligations arising under these Terms.

7. User Responsibilities

You agree to:

• use the Services only for lawful purposes and in accordance with these Terms;
• comply with all applicable laws, including privacy, data protection and surveillance laws;
• provide accurate information and keep Account details current;
• safeguard your credentials and devices; and
• cooperate reasonably with any investigation of suspected misuse.

8. Acceptable Use

You may use the Services only in a manner consistent with their intended purpose. Individual Users of the App may use the features made available to them for personal safety awareness and related lawful purposes. Business Customers may use the Platform for legitimate security, safety and operational monitoring of sites under their control or for which they have appropriate authority.

9. Prohibited Activities

You may not, and may not permit others to:

• use the Services for any unlawful, harmful, fraudulent or malicious purpose;
• attempt to gain unauthorised access to any system, Account, data or network;
• interfere with or disrupt the integrity or performance of the Services;
• reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Services, except to the extent permitted by mandatory law;
• copy, modify, distribute, sell or lease any part of the Services except as expressly permitted;
• use automated means (including bots or scrapers) to access the Services without our prior written consent;
• upload or transmit malware, viruses or other harmful code;
• use the Services to monitor or record individuals in violation of privacy or surveillance laws;
• misrepresent your identity or affiliation;
• use outputs of AI features in a manner that is deceptive, discriminatory or unlawful; or
• encourage or assist any third party in doing any of the above.

10. AI Features

Certain features of the Services make use of artificial intelligence and machine learning, including computer vision models that analyse images or video for objects, faces, vehicle number plates or other visual attributes, and models that support statistical analysis.

AI outputs are generated automatically and may contain errors, omissions or inaccuracies. They are intended to assist, not to replace, human judgment. You must not rely solely on AI outputs for critical decisions relating to safety, security, law enforcement or any matter that could affect legal rights or personal safety. Perceptix does not warrant that AI features will be uninterrupted, error-free or suitable for any particular purpose beyond the general functionality described.

Where AI features process personal information, such processing is subject to our Privacy Policy and applicable law.

11. CCTV Integrations

The Construction Site Platform processes video streams and related data from cameras owned or controlled by the Business Customer. The Business Customer is solely responsible for:

• ensuring it has all necessary rights, consents and lawful bases to collect and process the footage;
• displaying any required notices at monitored premises;
• compliance with the Protection of Personal Information Act 4 of 2013 and any other applicable surveillance or privacy legislation; and
• determining camera placement, retention periods under its control, and the purposes of monitoring.

Perceptix processes such footage as an operator on the Business Customer’s instructions and does not independently determine the purposes of the monitoring. Perceptix is not responsible for the content of Customer Data or for the Business Customer’s compliance with surveillance laws.

12. Third Party Integrations

The Services may interoperate with third-party systems, payment providers, cloud infrastructure or data sources. Your use of third-party services is subject to the terms and privacy policies of those third parties. Perceptix is not responsible for the availability, accuracy or practices of third-party services.

13. Availability of Services

We endeavour to keep the Services available and functional. However, the Services are provided on an “as available” basis. We do not guarantee uninterrupted, timely or error-free operation. Scheduled maintenance, emergency maintenance, network failures, force majeure events and factors outside our reasonable control may result in temporary unavailability.

14. Service Interruptions

We will use reasonable efforts to provide advance notice of planned maintenance that is expected to cause significant downtime. We are not liable for any loss or inconvenience arising from service interruptions, except to the extent caused by our gross negligence or wilful misconduct and subject to the limitation of liability provisions in these Terms.

15. Software Updates

We may release updates, patches, enhancements or new versions of the Services from time to time. Certain updates may be required for continued access or security. You agree to install or accept updates when reasonably requested. Failure to update may result in reduced functionality or security risks for which we are not responsible.

16. Subscription Plans

Access to certain features of the Services is offered on a subscription basis. Available plans, features and pricing are displayed in the relevant application or in an order form. Prices are stated in South African Rand unless otherwise indicated and may be updated from time to time. Price changes apply to subsequent billing cycles after notice has been given.

Details of current mobile App plans (Basic, Pro and Enterprise) and their inclusions are set out in the application and in our Refund and Cancellation Policy. Business Customers of the Construction Site Platform may be offered custom or enterprise plans under separate commercial terms.

17. Billing and Payment Terms

Subscriptions renew automatically each month on the anniversary of the billing date unless cancelled in accordance with the applicable cancellation process. You authorise Perceptix or its payment partners to charge the payment method on file for the then-current plan price.

Payments are processed by third-party providers (currently including Ozow and Paystack). Perceptix does not store full card details. You are responsible for ensuring that payment information remains valid and that sufficient funds or credit are available.

If a payment fails or is declined, access to paid features may be suspended until the outstanding amount is settled. We or our payment partners may retry the charge. If payment cannot be collected after reasonable attempts, the Subscription may be cancelled. You remain responsible for amounts that became due before cancellation.

18. Taxes

Prices are exclusive of value-added tax (VAT) and any other applicable taxes unless otherwise stated. Where required by law, VAT will be added and shown on the invoice or receipt. You are responsible for any taxes arising from your use of the Services other than taxes based on Perceptix’s net income.

19. Free Trials

We may offer a free trial period for certain plans. During the trial you have access to the features of the selected plan. At the end of the trial the Subscription converts to a paid monthly plan unless you cancel before the trial expires. If you do not cancel, you will be charged the applicable fee and the Subscription will renew thereafter. Trial eligibility and duration are determined by Perceptix and may be limited to new users.

20. Account Suspension

We may suspend access to an Account or to particular features, with or without notice, if:

• we reasonably believe you have breached these Terms;
• payment is overdue;
• we are required to do so by law or by a competent authority;
• continued use poses a security, legal or operational risk; or
• the Account has been inactive for an extended period.

Where practicable we will provide notice of suspension and an opportunity to remedy the issue. Suspension does not relieve you of payment obligations that have already accrued.

21. Account Termination

You may cancel your Subscription or close your Account at any time through the account or subscription settings in the relevant application, or by contacting support. Cancellation of a paid Subscription takes effect at the end of the current billing period unless otherwise stated. You retain access to paid features until that period ends. No cancellation fee is charged. Cancellation does not generate a refund for the current period except as provided in our Refund and Cancellation Policy.

We may terminate these Terms or your access to the Services immediately if you commit a material breach that is not capable of remedy, or that is not remedied within a reasonable period after notice, or if required by law.

Upon termination, your right to use the Services ceases. We may delete or de-identify Account data in accordance with our Privacy Policy and retention practices, subject to any legal retention obligations. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, indemnification and governing law) will survive.

22. Intellectual Property

22.1 Ownership of the Platform

Perceptix and its licensors retain all right, title and interest in and to the Services, including all software, algorithms, models, interfaces, documentation, trademarks, logos and other intellectual property. These Terms do not grant you any ownership rights. You receive only a limited, non-exclusive, non-transferable, revocable licence to access and use the Services in accordance with these Terms for the duration of your authorised access.

22.2 Ownership of Customer Data

As between you and Perceptix, you (or the Business Customer, as applicable) retain all rights in Customer Data. You grant Perceptix a limited licence to host, process, transmit and display Customer Data solely as necessary to provide and improve the Services, to comply with law, and as otherwise described in our Privacy Policy.

You represent that you have all necessary rights to submit Customer Data and that doing so does not infringe the rights of any third party.

23. Privacy

Our collection, use and protection of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Services you acknowledge that you have read the Privacy Policy. Business Customers using the Construction Site Platform remain responsible for their own compliance with data protection law in respect of footage and other personal information they control.

24. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party that is marked confidential or that a reasonable person would understand to be confidential, and to use such information only for purposes of performing under these Terms. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known without confidentiality obligation, is independently developed, or is required to be disclosed by law (in which case the disclosing party will, where legally permitted, give prior notice).

25. Security

We implement reasonable technical and organisational measures designed to protect the Services and Customer Data against unauthorised access, loss or alteration. You are responsible for the security of your own devices, networks and credentials, and for configuring access controls appropriately within organisational accounts.

26. Disclaimers

To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”. Perceptix disclaims all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Without limiting the foregoing, we do not warrant that:

• the Services will meet your specific requirements or expectations;
• the Services will be uninterrupted, timely, secure or error-free;
• AI outputs, crime statistics, search results or other information provided through the Services will be accurate, complete or current;
• defects will be corrected; or
• the Services will be free of viruses or other harmful components.

The App is intended as a decision-support tool for personal safety awareness. It does not constitute professional security advice, legal advice, or a substitute for emergency services. In an emergency you should contact the appropriate emergency number (such as 10111 or 112 in South Africa) immediately.

Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under South African law, including rights under the Consumer Protection Act 68 of 2008 where that Act applies.

27. Limitation of Liability

To the maximum extent permitted by applicable law:

• Perceptix and its directors, employees, agents and suppliers will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, data, goodwill or business opportunities, arising out of or in connection with the Services or these Terms, whether based on contract, delict (including negligence), strict liability or otherwise, even if advised of the possibility of such damages.
• Our total aggregate liability arising out of or in connection with the Services or these Terms will not exceed the greater of (a) the amounts paid by you to Perceptix for the Services in the twelve (12) months preceding the claim, or (b) one thousand South African Rand (R1 000).

The limitations above do not apply to liability arising from our gross negligence, wilful misconduct, fraud, or any other liability that cannot be limited under applicable law.

28. Indemnification

You agree to indemnify, defend and hold harmless Perceptix and its directors, officers, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:

• your use of the Services;
• Customer Data you submit;
• your breach of these Terms;
• your violation of any law or third-party right; or
• in the case of a Business Customer, any claim arising from the monitoring or processing of footage from cameras under your control.

29. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) if such failure or delay results from circumstances beyond that party’s reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labour or materials, or failures of public utilities or telecommunications networks.

30. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Subject to the dispute resolution provisions below, the courts of South Africa will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

31. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or the Services, the parties will first attempt to resolve the matter amicably through good-faith negotiation. Either party may escalate the dispute to senior management.

If the dispute remains unresolved after thirty (30) days, either party may refer the matter to mediation under the rules of a recognised mediation body in South Africa. If mediation does not resolve the dispute, either party may pursue its remedies in the competent South African courts.

Nothing in this section prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

32. Consumer Rights

If you are a consumer as defined in the Consumer Protection Act 68 of 2008, nothing in these Terms is intended to exclude, limit or circumvent any right or remedy that cannot be excluded or limited under that Act or under other mandatory consumer protection law. In the event of a conflict between these Terms and a non-excludable statutory right, the statutory right prevails to the extent of the conflict.

33. Changes to the Terms

We may update these Terms from time to time. The version published on our website or within the relevant application is the current version. Material changes will be notified through the application, by email to the address associated with your Account, or by other appropriate means. Continued use of the Services after the effective date of revised Terms constitutes acceptance of the updated Terms for subsequent use, to the extent permitted by law. If you do not agree to material changes, you may cancel your Subscription or close your Account before the changes take effect.

34. General

Entire agreement. These Terms, together with the Privacy Policy, the Refund and Cancellation Policy, and any applicable order form or enterprise agreement, constitute the entire agreement between you and Perceptix regarding the Services and supersede prior understandings on the same subject matter.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Failure to enforce any provision will not constitute a waiver of that provision or of the right to enforce it later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition or sale of assets.

Notices. Notices under these Terms may be given by email to the address associated with your Account or to the contact details published by Perceptix.

35. Contact Information

Questions about these Terms may be directed to:

Perceptix (Pty) Ltd

AI Security & Data Analytics

Email: support@perceptix.co.za

Legal / terms enquiries: legal@perceptix.co.za

South Africa

— End of Terms of Service —

Last updated 29 July 2026 · Questions? info@perceptix.co.za