Terms of Service

Effective Date: March 2026

1. Introduction

Welcome to the Tracepoint platform. These Terms of Service (“Terms”) constitute a legally binding agreement between you (the “End-User” or “you”) and Tracepoint (Pty) Ltd. (“Tracepoint”, “we”, “us” or “our”), governing your access to and use of the Tracepoint RFID Inventory & Asset Tracking software-as-a-service platform, including the web administration portal, Android and iOS mobile applications and application programming interfaces (collectively, the “Platform”).

By creating an account, accessing or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

These Terms are subject to the provisions of the Consumer Protection Act 68 of 2008 (“CPA”) where applicable, the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the Protection of Personal Information Act 4 of 2013 (“POPIA”) and all other applicable laws of the Republic of South Africa.

2. Definitions

In these Terms, unless the context indicates otherwise, the following words and expressions shall bear the meanings assigned to them:

3. ECTA Compliance Disclosure

In compliance with sections 43 and 44 of the Electronic Communications and Transactions Act 25 of 2002, the following information is disclosed:

3.1 Full Name and Legal Status

Tracepoint (Pty) Ltd. - a private company duly registered and incorporated in accordance with the company laws of the Republic of South Africa.

3.2 Registration Number

2025/199716/07

3.3 Physical Address

4th Floor Menlyn Corner 87 Frikkie de Beer Street Menlyn, 0181 Gauteng, Republic of South Africa

3.4 Website Address

https://www.tracepoint.co.za

3.5 Website Owner

The website www.tracepoint.co.za is owned and operated by Tracepoint (Pty) Ltd.

3.6 Contact Details

General Support: [email protected]

Legal Enquiries: [email protected]

Phone: 012 942 4000

Physical Address: 4th Floor Menlyn Corner, 87 Frikkie de Beer Street, Menlyn, 0181

3.7 Membership of Regulatory or Self-Regulatory Bodies

Details of any applicable regulatory or self-regulatory body memberships are available upon request by contacting [email protected].

3.8 Description of Services

Tracepoint provides a cloud-based RFID Inventory & Asset Tracking SaaS platform that enables organisations to manage, monitor and track assets and inventory using RFID technology. The Platform is accessible via a web administration portal, Android and iOS mobile applications and API integrations. The Platform serves organisations across healthcare, warehousing, logistics, retail, manufacturing, mining, agriculture, aviation and library sectors.

3.9 Price of Services

All Subscription Plan pricing is displayed on the Tracepoint website or as quoted in a separate order form. Prices are stated in the applicable currency for the End-User’s region and are inclusive or exclusive of Value-Added Tax (VAT) as indicated at the point of purchase. The total cost of the transaction, including all applicable fees and taxes, will be clearly presented before payment is confirmed.

3.10 Payment Procedures

All payments are processed securely through Paystack, a PCI-DSS compliant payment processor.

Accepted payment methods are credit card and debit card via Paystack.

Subscription Fees are billed in advance on a recurring basis (monthly or annually) as per the selected Subscription Plan.

Upon successful payment, a confirmation and tax invoice will be issued electronically.

Tracepoint does not store credit card or payment card details; all payment information is handled exclusively by Paystack.

3.11 Cooling-Off Period

In accordance with section 44 of ECTA and section 16 of the CPA:

Where Services are procured as a result of direct marketing (as defined in ECTA and the CPA), the End-User has the right to cancel the transaction without reason or penalty within seven (7) calendar days from the date on which the Services were first accessed or the agreement was concluded, whichever is later.

To exercise the cooling-off right, the End-User must notify Tracepoint in writing at [email protected] within the cooling-off period.

Upon valid cancellation within the cooling-off period, Tracepoint will process a full refund of all amounts paid within fourteen (14) business days.

The cooling-off period does not apply to transactions initiated by the End-User through their own volition without direct marketing solicitation.

3.12 Return and Refund Rights

As the Platform provides digital services (SaaS), there are no physical goods to return.

Refund entitlements are set out in Section 8 (Refund & Cancellation Policy) of these Terms.

Where the Services are materially deficient or do not correspond to the description provided, the End-User is entitled to request a remedy in accordance with the CPA.

3.13 Complaint Procedure

Tracepoint is committed to resolving complaints promptly and fairly:

Step 1 - Contact Support: Submit your complaint in writing to [email protected], providing your account details, a description of the issue and any supporting documentation.

Step 2 - Acknowledgement: Tracepoint will acknowledge receipt of the complaint within two (2) business days.

Step 3 - Investigation & Resolution: Tracepoint will investigate the complaint and endeavour to resolve it within fourteen (14) business days from the date of acknowledgement. You will be kept informed of progress.

Step 4 - Escalation: If you are not satisfied with the resolution, you may escalate the matter to [email protected].

Step 5 - External Recourse: Should the matter remain unresolved, you may lodge a complaint with the relevant regulatory authority, including the National Consumer Commission or the Consumer Goods and Services Ombud, as applicable.

3.14 Alternative Dispute Resolution

Tracepoint supports alternative dispute resolution. Details are provided in Section 18 (Dispute Resolution) of these Terms.

3.15 Code of Conduct

Tracepoint adheres to applicable codes of conduct and industry best practices. Details are available upon request.

3.16 Right to Access and Correct Information

Users have the right to request access to any personal information held by Tracepoint and to request correction of inaccurate information, in accordance with POPIA. Requests should be directed to [email protected].

4. Account Registration & Security

4.1 Eligibility

To create an Account and use the Platform, you must:

be at least 18 years of age or the age of legal majority in your jurisdiction;

have the legal capacity and authority to enter into a binding agreement;

provide accurate, complete and current registration information; and

not have been previously suspended or removed from the Platform.

4.2 Account Creation

An Account must be created to access the Platform. Registration requires a valid email address, a strong password and such other information as Tracepoint may reasonably require.

You must provide truthful and accurate information during registration. Tracepoint reserves the right to reject any Account application or to suspend any Account where information is found to be inaccurate or misleading.

4.3 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials, including your password and any API keys.

You must implement reasonable security measures, including but not limited to using strong passwords, enabling multi-factor authentication where available and restricting access to Authorised Users only.

You must notify Tracepoint immediately at [email protected] upon becoming aware of any unauthorised access to or use of your Account.

Tracepoint shall not be liable for any loss or damage arising from your failure to protect your Account credentials.

4.4 Authorised Users

The End-User’s Account administrator may invite and manage Authorised Users in accordance with the permissions and user limits of the applicable Subscription Plan.

The End-User is responsible for all activities conducted by its Authorised Users and shall ensure that all Authorised Users comply with these Terms.

4.5 Account Suspension and Termination

Tracepoint reserves the right to suspend or terminate any Account at any time if:

the User breaches any provision of these Terms;

the User engages in fraudulent, illegal or harmful activity;

the Account is inactive for a continuous period exceeding twelve (12) months; or

it is required by law or regulation.

Where reasonably practicable, Tracepoint will provide prior written notice before suspending or terminating an Account, except in cases of urgent security concerns or legal obligations.

5. The Platform & Services

5.1 Description

Tracepoint provides a cloud-based RFID Inventory & Asset Tracking SaaS platform that enables organisations to:

Track and manage assets and inventory using RFID technology;

Access a web-based administration portal for configuration, reporting and management;

Use Android and iOS mobile applications for field operations, scanning and real-time data capture;

Integrate with third-party enterprise systems via APIs; and

Generate reports, alerts and analytics on asset and inventory movements.

5.2 Availability

The Platform is provided as-is on a cloud-hosted basis and is accessible via supported web browsers and the Android and iOS mobile applications.

Tracepoint will use commercially reasonable efforts to ensure the Platform is available in accordance with the SLA set out in Section 13.

5.3 Updates and Changes

Tracepoint may, from time to time, update, modify or enhance the Platform, including adding or removing features, improving performance or addressing security vulnerabilities.

Material changes to the Platform’s functionality will be communicated to Users via email or in-platform notifications.

Continued use of the Platform following such changes constitutes acceptance thereof.

5.4 Beta Features

Tracepoint may, at its discretion, offer beta or pre-release features for evaluation purposes. Beta features are provided “as is” without warranty and may be modified or discontinued without notice.

6. Nature of the Platform

6.1 Software-Only Service

Tracepoint provides software only. Tracepoint does not supply, install, configure or maintain hardware, physical systems or any other tangible infrastructure. The Platform is a cloud-based software-as-a-service offering and nothing in these Terms shall be construed as an obligation on the part of Tracepoint to provide hardware or physical installation services.

6.2 Decision-Support Tool

The Platform is a data processing and decision-support tool only. It is not designed to prevent loss, theft, operational failure or human error. The End-User acknowledges that the Platform processes data provided to it and presents information to assist the End-User in operational decisions. The End-User remains solely responsible for all operational decisions and outcomes arising from the use of the Platform.

6.3 External Dependencies

System performance depends on external factors including, but not limited to, the End-User’s hardware, hardware configuration, physical environment, network connectivity, internet service provider performance and power supply. Tracepoint shall not be liable for any degradation in Platform performance caused by factors outside of Tracepoint’s control.

6.4 Data Accuracy

Tracepoint does not guarantee the accuracy, completeness or reliability of data received from external systems, third-party hardware, sensors or any other data source that interfaces with the Platform. The Platform processes and displays data as received and the accuracy of outputs is dependent on the accuracy of inputs.

6.5 End-User Responsibilities

The End-User is solely responsible for:

system design and architecture decisions related to the deployment of RFID and asset tracking solutions;

hardware selection, procurement, installation, configuration and maintenance;

the accuracy and integrity of all data inputs into the Platform;

ensuring that all data collection practices are lawful and comply with applicable legislation, including but not limited to surveillance laws, privacy laws, employment laws and POPIA;

obtaining all necessary consents, authorisations and approvals required for the collection, processing and storage of data through the Platform; and

all operational decisions and outcomes based on information provided by the Platform.

6.6 No Guarantees

The Platform is provided “as is” and “as available” in relation to its function as a decision-support tool. Tracepoint makes no representations or warranties that the use of the Platform will prevent loss, theft, damage, operational failure or any other adverse outcome. The End-User’s reliance on the Platform is at the End-User’s own risk.

7. Subscription Plans & Billing

7.1 Subscription Plans

Access to the Platform is offered through various Subscription Plans, the details of which are published on the Tracepoint website or provided in a separate order form.

Each Subscription Plan specifies the included features, user limits, data storage allowances, API call limits and support entitlements.

Tracepoint reserves the right to modify Subscription Plans, including pricing, with no less than thirty (30) days’ prior written notice to affected End-Users.

7.2 Minimum Subscription Term

Unless otherwise agreed in a separate order form, the minimum subscription term is twelve (12) months from the date of first subscription. Early termination within the minimum term does not relieve the End-User of payment obligations for the remainder of the minimum term, except where cancellation rights apply under Section 8.

7.3 Free Trials

Tracepoint offers a fourteen (14) day free trial period for new End-Users. At the end of the free trial, the End-User must subscribe to a paid Subscription Plan to continue using the Platform. No payment details are required to commence a free trial unless otherwise indicated.

7.4 Billing and Payment

Subscription Fees are billed in advance at the beginning of each Billing Cycle (monthly or annually) through Paystack.

All fees are quoted and payable in the currency applicable to the End-User’s region (e.g., South African Rand (ZAR), United States Dollar (USD) or such other currency as specified at the point of purchase or in the applicable order form).

The End-User authorises Tracepoint (via Paystack) to charge the designated payment method for recurring Subscription Fees.

Invoices and payment receipts will be issued electronically.

7.5 Late Payment

If payment fails or is not received by the due date, Tracepoint will notify the End-User and provide a grace period of seven (7) days to remedy the failed payment.

If payment is not received within the grace period, Tracepoint reserves the right to:

suspend access to the Platform;

charge interest on overdue amounts at the rate prescribed by the Prescribed Rate of Interest Act 55 of 1975; and

terminate the subscription after thirty (30) days of non-payment, subject to reasonable written notice.

7.6 Taxes

All Subscription Fees are exclusive of VAT unless expressly stated otherwise. VAT will be added where applicable in accordance with the Value-Added Tax Act 89 of 1991.

The End-User is responsible for any taxes, duties or levies applicable in their jurisdiction.

7.7 Price Changes

Tracepoint may adjust Subscription Fees from time to time. Any price increase will:

take effect at the start of the next Billing Cycle following the notice period;

be communicated at least thirty (30) days in advance; and

not affect the current prepaid Billing Cycle.

If the End-User does not agree to a price increase, the End-User may cancel the subscription before the new pricing takes effect, in accordance with Section 8.

8. Refund & Cancellation Policy

8.1 Cooling-Off Period Cancellations

As detailed in Section 3.11:

Where Services are procured through direct marketing, the End-User may cancel within seven (7) calendar days from the date of first access or conclusion of the agreement.

A full refund will be processed within fourteen (14) business days of valid cancellation.

To exercise this right, notify Tracepoint in writing at [email protected].

8.2 Subscription Cancellation by the End-User

The End-User may cancel their subscription at any time by:

using the cancellation function within the Platform’s account settings; or

sending a written cancellation request to [email protected].

Cancellations will take effect at the end of the current Billing Cycle. The End-User will retain access to the Platform until the end of that Billing Cycle.

No pro-rata refunds will be issued for partial Billing Cycles, except where required by applicable law or as provided in Section 8.1 or Section 8.4.

Cancellation during the minimum subscription term (as set out in Section 7.2) does not relieve the End-User of payment obligations for the remainder of the minimum term.

8.3 Cancellation by Tracepoint

Tracepoint may terminate a subscription:

for material breach of these Terms, after providing written notice and a fourteen (14) day cure period (unless the breach is incapable of remedy);

for non-payment, in accordance with Section 7.5; or

if the Platform is discontinued, with no less than ninety (90) days’ prior written notice.

Where Tracepoint terminates a subscription for reasons other than the End-User’s breach, a pro-rata refund of any prepaid Subscription Fees for the unused portion of the Billing Cycle will be issued.

8.4 Refund Processing

All refunds are processed through Paystack to the original payment method.

Refund processing times are subject to Paystack’s processing timelines, which are typically five (5) to ten (10) business days from the date the refund is initiated.

Tracepoint will confirm initiation of a refund via email to the End-User.

8.5 Data After Cancellation

Upon cancellation or termination:

the End-User’s access to the Platform will cease at the end of the applicable period;

Tracepoint will retain End-User Data for a period of thirty (30) days following termination, during which the End-User may request an export of their data;

after the thirty (30) day retention period, End-User Data will be permanently deleted in accordance with Tracepoint’s data retention practices.

End-Users may export their data at any time during active subscription and for 30 days post-termination. Tracepoint supports data export in standard formats. The End-User owns all End-User Data.

The End-User is responsible for exporting any required data before the retention period expires.

8.6 Survival

Sections relating to Intellectual Property, Limitation of Liability, Indemnification, Confidential Information and Dispute Resolution shall survive the cancellation or termination of these Terms.

9. Acceptable Use Policy

9.1 Permitted Use

The Platform is provided solely for the purpose of RFID-based inventory and asset tracking, management and related operational purposes. You may use the Platform only:

in accordance with these Terms and all applicable laws and regulations;

for your own internal business operations or as otherwise authorised under your Subscription Plan;

in a manner consistent with the Platform’s intended functionality and documentation; and

in compliance with any usage limits or restrictions specified in your Subscription Plan.

9.2 Prohibited Conduct

You agree that you shall not and shall not permit any Authorised User or third party to:

9.2.1 Security & Integrity Violations

Attempt to gain unauthorised access to the Platform, other user accounts or any systems or networks connected to the Platform;

Probe, scan or test the vulnerability of the Platform or any associated network or system;

Circumvent, disable or otherwise interfere with any security features of the Platform;

Introduce viruses, malware, worms, trojan horses or any other malicious code or harmful technology;

Disrupt, overload or impair the operation, integrity or performance of the Platform or its infrastructure;

9.2.2 Misuse of the Platform

Use the Platform for any unlawful, fraudulent, deceptive or harmful purpose;

Use the Platform to infringe the intellectual property rights, privacy rights or other rights of any third party;

Upload, transmit or store content that is unlawful, defamatory, obscene, harassing, threatening or otherwise objectionable;

Use the Platform to send unsolicited communications, spam or bulk messages;

Use the Platform for purposes unrelated to RFID inventory and asset tracking without Tracepoint’s prior written consent;

9.2.3 Technical Restrictions

Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Platform;

Modify, adapt, translate or create derivative works based on the Platform;

Copy, reproduce, distribute, sublicense, lease or sell the Platform or any part thereof;

Use automated tools (bots, scrapers, crawlers) to access the Platform except through the authorised APIs;

Exceed API rate limits, usage quotas or storage limits applicable to your Subscription Plan;

9.2.4 Data and Account Misuse

Share, transfer or assign your Account or credentials to any unauthorised third party;

Falsify or misrepresent your identity, affiliation or the origin of any data;

Access, collect or harvest data belonging to other Tracepoint End-Users without authorisation; or

Use the Platform to benchmark or create a competing product or service.

9.3 Enforcement

Tracepoint reserves the right to investigate suspected violations of this Acceptable Use Policy.

Upon identifying a violation, Tracepoint may, at its discretion:

issue a warning;

temporarily suspend access to the Platform;

permanently terminate the Account; and/or

pursue legal remedies.

Tracepoint will, where reasonably practicable, provide notice and an opportunity to remedy the violation before taking enforcement action, except where immediate action is necessary to protect the Platform, other users or third parties.

9.4 Reporting Violations

If you become aware of any violation of this Acceptable Use Policy, please report it to [email protected].

10. API Usage

10.1 API Access

Tracepoint provides APIs to enable integration between the Platform and third-party systems.

API access is included in eligible Subscription Plans and is subject to the usage limits, rate limits and quotas specified in the applicable plan documentation.

API credentials (including API keys and tokens) are confidential and must be protected in accordance with Section 4.3.

10.2 API Terms

You may use the APIs solely for the purpose of integrating with the Platform in connection with your permitted use.

API usage must comply with the Tracepoint API documentation and any supplementary technical guidelines provided.

You are responsible for the development, maintenance and operation of any applications or integrations that connect to the Platform via the APIs.

10.3 Rate Limits and Quotas

API calls are subject to rate limits and quotas as specified in your Subscription Plan. Details are available in the API documentation.

Exceeding rate limits may result in temporary throttling or suspension of API access.

If your integration requires higher limits, contact [email protected] to discuss an upgraded plan or custom arrangement.

10.4 Changes to APIs

Tracepoint may update, modify or deprecate APIs from time to time. Tracepoint will use reasonable efforts to provide at least thirty (30) days’ prior notice before deprecating any API endpoint that materially affects your integration.

Tracepoint shall not be liable for any disruption caused by changes to APIs where reasonable notice has been provided.

10.5 No Warranty for Third-Party Integrations

Tracepoint does not warrant the compatibility, reliability or performance of third-party systems, applications or services that integrate with the Platform via the APIs.

Any issues arising from third-party integrations are the responsibility of the End-User and the relevant third-party provider.

11. Intellectual Property

11.1 Tracepoint’s Intellectual Property

The Platform, including all software, source code, object code, algorithms, user interfaces, designs, graphics, logos, trademarks, service marks, documentation and all other materials and content comprising the Platform, are the exclusive property of Tracepoint or its licensors.

These Terms do not grant you any ownership interest in the Platform. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely in accordance with these Terms and for the duration of your active subscription.

All rights not expressly granted herein are reserved by Tracepoint.

11.2 Trademarks

“Tracepoint”, the Tracepoint logo and all related names, logos, product and service names, designs and slogans are trademarks of Tracepoint (Pty) Ltd.

You may not use these trademarks without the prior written permission of Tracepoint.

11.3 End-User’s Intellectual Property

Tracepoint does not claim ownership of any End-User Data or Content uploaded or submitted to the Platform by the End-User.

The End-User retains all rights in and to its End-User Data, subject to the licence granted in Section 12.2.

11.4 Feedback

If you provide Tracepoint with any feedback, suggestions, ideas or recommendations regarding the Platform (“Feedback”), you grant Tracepoint a perpetual, irrevocable, worldwide, royalty-free licence to use, modify and incorporate such Feedback into the Platform without restriction or obligation to you.

12. End-User Data & Content

12.1 Ownership

The End-User retains all ownership rights in and to End-User Data uploaded, submitted or generated through the Platform.

Tracepoint shall treat all End-User Data as confidential and shall not disclose End-User Data to third parties except as required to provide the Services, as authorised by the End-User or as required by law.

12.2 Licence to Tracepoint

The End-User grants Tracepoint a non-exclusive, worldwide licence to host, store, process and display End-User Data solely for the purposes of:

providing, maintaining and improving the Platform;

providing technical support; and

generating anonymised, aggregated statistical data that does not identify any individual or End-User (for the purposes of analytics and Platform improvement).

12.3 Data Integrity and Backups

Tracepoint implements commercially reasonable measures to protect End-User Data, including regular backups, encryption and access controls.

While Tracepoint takes precautions to protect End-User Data, the End-User is responsible for maintaining independent backups of critical data.

Tracepoint shall not be liable for any loss of End-User Data resulting from circumstances beyond its reasonable control, including but not limited to force majeure events, third-party hosting failures or actions of the End-User.

12.4 Data Export

The End-User may export End-User Data in supported formats through the Platform’s export functionality at any time during the active subscription period and for a period of thirty (30) days following termination, as detailed in Section 8.5.

12.5 End-User Representations

The End-User represents and warrants that:

it has the right and authority to upload and process all End-User Data through the Platform;

the End-User Data does not infringe the intellectual property rights, privacy rights or other rights of any third party;

the End-User Data complies with all applicable laws and regulations, including POPIA; and

all necessary consents and authorisations have been obtained for the processing of personal information contained within End-User Data.

13. Service Level Agreement Overview

13.1 Uptime Commitment

Tracepoint targets a Platform availability of 99.5% uptime measured on a calendar month basis, calculated as:

Uptime % = ((Total Minutes in Month − Downtime Minutes) / Total Minutes in Month) × 100

“Downtime” means any period during which the Platform is materially unavailable to Users, excluding Scheduled Maintenance and Exclusions.

13.2 Scheduled Maintenance

Tracepoint may perform scheduled maintenance from time to time to update, improve or secure the Platform.

Scheduled maintenance windows will be communicated to End-Users at least forty-eight (48) hours in advance via email or in-platform notification.

Tracepoint will use reasonable efforts to schedule maintenance during off-peak hours (typically between 22:00 and 04:00 SAST).

13.3 Exclusions

The uptime commitment does not apply to unavailability caused by:

scheduled maintenance;

force majeure events (as defined in Section 17);

failures of third-party infrastructure, hosting providers or internet service providers;

actions or omissions of the End-User or its Authorised Users;

DDoS attacks or other security threats beyond Tracepoint’s reasonable control; or

End-User’s use of the Platform in a manner not in accordance with the documentation or these Terms.

13.4 Service Credits

If the Platform availability falls below 99.5% in any calendar month (excluding the Exclusions above), the End-User may request a service credit.

Service credits are calculated as follows:

Service credits must be requested in writing within thirty (30) days of the month in which the downtime occurred.

Service credits are applied to future Subscription Fees and are the End-User’s sole and exclusive remedy for downtime.

Service credits shall not exceed the Subscription Fee for the affected month.

13.5 Support

Tracepoint provides support via email at [email protected].

Support response times and channels may vary by Subscription Plan, as detailed in the applicable plan documentation.

13.6 Enhanced SLA

The SLA set out in this section represents Tracepoint’s standard service level commitment. End-Users requiring enhanced SLA terms may negotiate a separate Service Level Agreement.

14. Hardware & Third-Party Integrations

14.1 Hardware

The Tracepoint Platform is a software-as-a-service solution. Hardware (including RFID readers, tags, antennas and related equipment) is not supplied by Tracepoint and is procured separately through authorised channel partners and resellers.

Tracepoint is not a party to any agreement for the purchase, sale, supply, warranty or maintenance of Hardware.

Any claims relating to Hardware, including warranties, defects, returns or refunds, must be directed to the applicable channel partner or reseller.

Hardware is supplied through Tracepoint’s authorised channel partners and resellers. The End-User’s relationship with channel partners and resellers for hardware is separate from the SaaS agreement with Tracepoint. Tracepoint maintains a list of compatible hardware on its website.

14.2 Compatibility

Tracepoint publishes a list of supported and compatible Hardware on its website and in its documentation.

While Tracepoint endeavours to maintain broad compatibility, it does not guarantee that the Platform will be compatible with all RFID hardware or third-party systems.

14.3 Third-Party Services

The Platform may integrate with or link to third-party services, applications or websites. Tracepoint does not endorse, control or assume responsibility for any third-party services.

Your use of third-party services is governed by the respective third party’s terms and conditions.

15. Limitation of Liability

15.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, including the CPA:

Tracepoint, its directors, officers, employees, agents and affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill or anticipated savings, arising out of or in connection with these Terms or the use of or inability to use the Platform, regardless of the theory of liability (contract, delict, strict liability or otherwise), even if Tracepoint has been advised of the possibility of such damages.

15.2 Cap on Liability

Tracepoint’s total aggregate liability arising out of or in connection with these Terms, the Platform or the Services, whether in contract, delict or otherwise, shall not exceed the total Subscription Fees paid by the End-User to Tracepoint during the twelve (12) month period immediately preceding the event giving rise to the liability.

15.3 Exceptions

Nothing in these Terms excludes or limits liability for:

death or personal injury caused by gross negligence;

fraud or fraudulent misrepresentation;

any liability that cannot be excluded or limited under applicable South African law, including the CPA; or

breach of obligations under POPIA relating to the processing of personal information.

15.4 Essential Purpose

The limitations of liability set out in this Section reflect a reasonable allocation of risk between the parties and form an essential basis of the bargain between them. The Platform would not be provided at the current Subscription Fees without these limitations.

16. Indemnification

16.1 End-User Indemnification

The End-User agrees to indemnify, defend and hold harmless Tracepoint, its directors, officers, employees, agents and affiliates from and against any and all claims, demands, actions, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

the End-User’s or its Authorised Users’ breach of these Terms;

the End-User’s or its Authorised Users’ violation of any applicable law or regulation;

any End-User Data or Content that infringes the intellectual property rights, privacy rights or other rights of any third party;

the End-User’s or its Authorised Users’ misuse of the Platform; or

any claim by a third party arising from the End-User’s use of the Platform.

16.2 Indemnification Procedure

Tracepoint will promptly notify the End-User of any claim subject to indemnification.

The End-User shall have the right to control the defence of such claim, provided that Tracepoint may participate in the defence at its own expense.

The End-User shall not settle any claim without Tracepoint’s prior written consent, which shall not be unreasonably withheld.

17. Force Majeure

17.1 Definition

A “Force Majeure Event” means any event or circumstance beyond the reasonable control of a party, which prevents or materially delays that party from performing its obligations under these Terms, including but not limited to:

natural disasters (including floods, earthquakes, storms, volcanic eruptions and other acts of nature);

epidemics, pandemics or public health emergencies;

war, armed conflict, terrorism or threat thereof;

civil unrest, riots, insurrection or revolution;

government actions, sanctions, embargoes or regulatory changes;

utility failures, including failures of electrical power, water or gas supply;

internet or telecommunications failures or disruptions;

failures of third-party hosting providers, cloud infrastructure providers or data centre operators;

distributed denial-of-service (DDoS) attacks or other cyber-attacks beyond reasonable preventive measures; and

any other events or circumstances beyond the reasonable control of the affected party.

17.2 Effect of Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by a Force Majeure Event.

The affected party shall promptly notify the other party in writing of the Force Majeure Event, its expected duration and the obligations affected.

The affected party shall use reasonable efforts to mitigate the effects of the Force Majeure Event and to resume performance of its obligations as soon as reasonably practicable.

17.3 Extended Force Majeure

If a Force Majeure Event continues for a period exceeding sixty (60) consecutive days, either party may terminate these Terms by providing thirty (30) days’ written notice to the other party. In such event, Tracepoint shall refund to the End-User a pro-rata portion of any prepaid Subscription Fees for the period during which the Platform was unavailable due to the Force Majeure Event.

18. Dispute Resolution

18.1 Good Faith Negotiation

In the event of any dispute, controversy or claim arising out of or relating to these Terms or the Platform (a “Dispute”), the parties shall first attempt to resolve the Dispute through good faith negotiation.

The aggrieved party shall provide written notice of the Dispute to the other party, including a description of the Dispute and the relief sought.

The parties shall use reasonable efforts to resolve the Dispute within thirty (30) days from the date of such notice.

18.2 Mediation

If the Dispute is not resolved through negotiation within the thirty (30) day period, either party may refer the Dispute to mediation administered by the Arbitration Foundation of Southern Africa (“AFSA”) or another mutually agreed mediator.

The costs of mediation shall be shared equally between the parties, unless the mediator directs otherwise.

18.3 Arbitration

If the Dispute is not resolved through mediation within sixty (60) days from the date of referral, either party may refer the Dispute to binding arbitration administered by AFSA in accordance with its rules.

The arbitration shall take place in Pretoria, Gauteng, South Africa.

The arbitration shall be conducted in English.

The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.4 Urgent Relief

Nothing in this Section prevents either party from approaching a court of competent jurisdiction for urgent interim or interlocutory relief.

18.5 Continued Performance

During the pendency of any Dispute, the parties shall continue to perform their respective obligations under these Terms, unless the nature of the Dispute makes such performance impracticable.

19. Governing Law & Jurisdiction

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, including:

The Electronic Communications and Transactions Act 25 of 2002 (ECTA);

The Consumer Protection Act 68 of 2008 (CPA), where applicable;

The Protection of Personal Information Act 4 of 2013 (POPIA); and

All other applicable legislation and common law.

19.2 Jurisdiction

Subject to the dispute resolution procedures set out in Section 18, the parties consent to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria for any legal proceedings arising out of or in connection with these Terms.

19.3 Consumer Rights

Nothing in these Terms is intended to limit or exclude any rights that the End-User may have under the CPA or any other applicable consumer protection legislation.

20. Notices

20.1 Form of Notices

All notices, requests, demands and other communications required or permitted under these Terms must be in writing and delivered via:

email to the email addresses specified in these Terms or as otherwise notified by the parties; or

registered post to the physical addresses specified in these Terms or as otherwise notified by the parties.

20.2 Deemed Receipt

Notices delivered by email shall be deemed received on the date and time of delivery, as evidenced by the sender’s email system, provided that if delivery occurs after 17:00 on a business day or on a day that is not a business day, the notice shall be deemed received on the next business day.

Notices delivered by registered post shall be deemed received five (5) business days after the date of posting.

20.3 Change of Address

Either party may change its address for notices by providing written notice to the other party in accordance with this Section.

21. Assignment

21.1 Assignment by Tracepoint

Tracepoint may assign, transfer or delegate its rights and obligations under these Terms to any of its affiliates, subsidiaries or successor entities without the prior consent of the End-User, provided that such assignment does not materially diminish the End-User’s rights under these Terms.

21.2 Assignment by the End-User

The End-User may not assign, transfer or delegate its rights or obligations under these Terms without the prior written consent of Tracepoint. Any purported assignment without such consent shall be null and void.

22. No Waiver

No failure or delay by either party in exercising any right, power or remedy under these Terms shall operate as a waiver of that right, power or remedy. No single or partial exercise of any right, power or remedy shall preclude any other or further exercise of that right, power or remedy or the exercise of any other right, power or remedy under these Terms or at law.

23. Severability

If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be invalid, unlawful or unenforceable, that provision shall be severed from these Terms to the minimum extent necessary and the remaining provisions shall continue in full force and effect.

The parties agree to negotiate in good faith to replace any severed provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original intent and economic effect of the severed provision.

24. Amendments

24.1 Right to Amend

Tracepoint reserves the right to amend, update or modify these Terms at any time.

24.2 Notice of Amendments

Material amendments will be communicated to Users at least thirty (30) days before they take effect, by one or more of the following means:

email notification to the registered email address;

in-platform notification; or

posting the updated Terms on the Tracepoint website with a revised effective date.

24.3 Acceptance of Amendments

Continued use of the Platform after the effective date of an amendment constitutes acceptance of the amended Terms.

If you do not agree to any amendment, you must discontinue use of the Platform and cancel your subscription before the amendment takes effect.

24.4 Version History

Tracepoint will maintain a record of previous versions of these Terms, which may be requested by contacting [email protected].

25. Entire Agreement

These Terms, together with any applicable Subscription Plan details, order forms and supplementary policies referenced herein, constitute the entire agreement between the End-User and Tracepoint with respect to the subject matter hereof.

These Terms supersede all prior and contemporaneous negotiations, representations, warranties, understandings and agreements, whether written or oral, relating to the subject matter hereof.

No amendment to or waiver of, any provision of these Terms shall be effective unless made in writing and duly executed by both parties (or, in the case of amendments by Tracepoint, in accordance with Section 24).

26. Contact Information

For any queries, support requests, complaints or legal notices, please contact us:

Tracepoint (Pty) Ltd.

These Terms of Service were last updated on March 2026.

© 2026 Tracepoint (Pty) Ltd. All rights reserved.