This EULA relates to the use of The Awareness Company’s HYDRA software as available for use as a web based application and for download from the Google Play Store (Android) and Apple App Store (iOS).
For specific information regarding Privacy and Data Protection as a user of our software and/or the HYDRA Apps, please refer to the Privacy Policy herein linked and quoted below.
1.1. The Awareness Company’s HYDRA software and related Web and Mobile Applications (the “App”) primarily allows for users to digitise their operations (the functionalities provided by the App are referred to as the “Service”).
1.2. This end user licence agreement (the “EULA”) governs your use of our software, including any modifications or updates to it, and the way we process information through the App. By downloading, installing, or using our software and/or the App, or in any other manner indicating your agreement to these terms, you become bound by the terms of this EULA, which is entered into between you (the user of the App) and us, The Awareness Company (Pty) Ltd, being a private company with limited liability, registered under the applicable company laws of South Africa, with registration number 2017/484789/07.
1.3. You may download this App to your mobile device (“Device”) from a third party mobile app store (the “Store”). This EULA and your use of the App are both subject to any conditions imposed on you from time to time by the Store in accessing and downloading the App.
1.4. We may release new versions of the App and/or software from time to time. You should download the new version in order to continue to make use of the Service; the Service may not be provided as intended should you not be using the latest version.
1.5. We take data privacy seriously and are committed to data protection in accordance with all relevant laws which, for purposes of this EULA, include the Protection of Personal Information Act 4 of 2013 (“POPI”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the General Data Protection Regulation EU 2016/679 (“GDPR”) (to the extent that we process information of individuals resident in the European Union).
2.1. We grant to you a free, non-transferable licence to use the HYDRA software and/or the App on any Device that you own or control for the sole purpose of accessing the Service. If the Store that you download the App from is operated by Apple Inc., then the license is limited to use the App on an iPhone, iPod touch, iPad or other device using the iOS operating system.
2.2. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the HYDRA software and/or the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the software and/or the App). Any attempt to do so is a violation of our rights and the rights of our licensors.
2.3. We may change the terms of this EULA at any time, and will display the new EULA for acceptance the next time you access the App. If you do not accept the amended EULA, this EULA will automatically terminate (see clause 3.1).
3.1. Your rights under this EULA will terminate automatically without notice from us if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you must cease all use of the HYDRA software and/or the App, and destroy all copies, full or partial, of the HYDRA software and/or App.
4.1. After accepting this EULA, you will still need to register with us before you can use the Service. You will register using the App itself, and you undertake to provide us with accurate information, and to keep this information updated and accurate at all times.
4.2. We will use your personal information only for providing the Service to you via the HYDRA software and/or App, in accordance with this EULA and our Privacy Policy, and will retain information in accordance with the retention periods prescribed by law.
4.3. You must keep usernames and passwords safe to ensure that only you can use the HYDRA software and/or App. You agree that usernames and passwords are issued for individual users only and undertake not to you share this information with anyone else.
5.1. We are committed to implementing appropriate structural, technical and other security measures to protect the integrity and confidentiality of data. We protect and manage data by using electronic and computer safeguards such as firewalls and data encryption. We may authorise access to data to our employees, affiliates and/or our consultants, but only where they require it to fulfil their designated responsibilities and only where i) they have been appropriately informed regarding the confidentiality of such data; and ii) are equally contractually bound by appropriate confidentially undertakings.
5.2. We will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal information and against the accidental loss or destruction of, or damage to, personal information.
The data we collect may be transferred outside of the Republic of South Africa. You may withdraw your consent to us processing your information across borders, however this may mean that we are no longer able to offer the Service to you.
7.1. The HYDRA software and the App may allow access to websites or other applications owned and / or operated by third parties. We are not responsible for the content from such sources, and do not endorse or approve the contents thereof.
7.2. You agree to use the HYDRA software and/or the App at your sole risk and we consequently are not responsible for and do not accept any liability in connection with any third party material that may be accessible via the software and/or App (regardless of whether or not we have permitted access to the material, and in if you access such material you undertake not to infringe any intellectual property rights relating to it, whether by making reproductions, derivative works or otherwise.)
8.1. You agree that we may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the HYDRA software and/or the App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
9.1. If you have installed and started the HYDRA location tracking app and your location settings are enabled on your Device, the App will, from time to time, use GPS technology (or similar technology) to tell us about your Device’s location, even if you are not directly interacting with the App.
9.2. If you do not want us to use your location, you should stop the HYDRA location tracking app and turn off the location services for the App located in your Device’s settings.
10.1. This clause 10 only applies to you if the Store that you download the App from is operated by Apple Inc.
10.2. Both parties acknowledge that this EULA is entered into between them only, and that Apple Inc. is not a party to it. The Store is not responsible for the App or its content, and is not responsible for any support and maintenance of the App.
10.3. In the event of a failure of the App to conform to an applicable warranty, you may notify the Store, which may refund the App licence fee to you (if one was paid). To the maximum extent permitted by applicable law, the Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to the other provisions of this EULA).
10.4. Both parties acknowledge that we, and not the Store, are responsible for addressing any of your claims or any third party relating to the App or your possession and/or use of the HYDRA software and/or the App including, but not limited to, (i) product liability claims; (ii) any claim that the HYDRA software and/or the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
10.5. Both parties acknowledge that if there is any third party claim that the HYDRA software and/or the App or your possession and use of the HYDRA software and/or App infringes that third party’s intellectual property rights, we, and not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
10.6. Both parties acknowledge and agree that this EULA operates as a contract for the benefit of a third party in favour of the Store and its subsidiaries, insofar as the provisions of this EULA create rights in favour of the Store. The Store will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
10.7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.1. Your identity and addresses where you will accept service of any notices or other communications under this EULA is as per the information that you provide to us when registering for use of the HYDRA software and/or the App.
11.2. Our identity and addresses where we will accept service of any notices or other communications (including queries and complaints) under this EULA are:
11.2.1. Name: The Awareness Company
11.2.2. Address: Postnet Suite #547, Private Bag X033, Rivonia, 2128
11.2.3. Email address: info@awarenesscompany.co.za.
12.1. For specific information regarding Privacy and Data Protection, please refer to the Privacy Policy.
13.1. For specific information regarding your rights in respect of your Personal Information please refer to the Privacy Policy.
14.1. Save as expressly set out in this EULA and to the maximum extent permitted by law, we make no representations and give no warranties or guarantees of any nature whatsoever in respect of the HYDRA software and/or App, which is provided on an “as is” and “reasonable effort” basis, and all warranties, whether statutory or which are implied or residual or at common law are hereby expressly excluded. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
We are not liable for any loss or damages of whatsoever nature and howsoever arising (including consequential, indirect, aggravated, special or incidental loss or damages which will include but will not be limited to loss of property, data, profit, business, goodwill, revenue or anticipated savings) or any costs (including legal costs on the scale as between attorney and own client and any additional legal costs), claims or demands of whatsoever nature and howsoever arising, whether out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, strict or vicarious liability, in delict or otherwise, and whether either party anticipates the damage or not, and whether arising from or relating to this EULA, or otherwise.
16.1. Whole Agreement. This EULA, as read with the Privacy Policy constitutes the entire agreement between the parties with regard to the subject matter thereof, and no document or statement not mentioned herein will form part of it; moreover, only a written variation, waiver, or cancellation agreed to by both parties in writing by way of an addendum will be of any force and effect.
16.2. Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this EULA, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
16.3. Survival. For the avoidance of doubt, any provision of this EULA that anticipates any right or duty extending beyond the termination or expiry of this EULA will survive the termination or expiry of this EULA and continue in full force and effect.
16.4. No Indulgence. If one party chooses not to enforce any part of this EULA, that does not mean that the party cannot enforce that part at a later time. If any part of the EULA is found to be unenforceable, the rest will still be enforceable.
16.5. Reading Down. If a provision of this EULA is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
16.6. Severance. In the event that any part of this EULA is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this EULA.