Terms of Service

1. Parties and Service. Cybarate (Pty) Ltd, a South African company (Reg. No. 2022/781621/07) with registered address Unit 4, 3 Meson Close, Techno Park, Stellenbosch 7600 (“Cybarate”) provides project management and resource-tracking functionality (the “Service”). Any Customer who subscribes via www.cybarete.com or www.crew-pulse.com is bound by these Terms.
2. Acceptance. CUSTOMERS SHOULD READ THESE TERMS PRIOR TO AGREEING TO BE BOUND. THESE TERMS LIMIT LIABILITY, ALLOCATE RISK, AND ASSUME CERTAIN FACTS. THEY ARE SET OUT IN CAPITAL LETTERS WHERE REQUIRED.
3. Amendments. We may amend these Terms at any time by posting updated versions on our websites; amendments take effect upon posting. It is the Customer’s responsibility to review updates before using the Service.
4. Software Licence. You may be required to install software on your device, which is subject to a separate licence agreement; such licence governs use of the software.

1. Defined Terms

1. Authorised User – a natural person authorised by Customer, issued a valid UserID.
2. Authorised Device – the mobile or electronic device used by an Authorised User.
3. Customer or “You” – the entity subscribing to the Service.
4. Customer Data – data submitted electronically by or on behalf of Customer, including device location.
5. Resource – assets or tasks configured for monitoring within a Customer project.
6. Service Fee – fees payable by Customer, as published or agreed.
7. UserID – unique credentials issued to You and Authorised Users.
8. Website – www.cybarete.com and/or www.crew-pulse.com.

2. Subscribing to the Service

You may subscribe online via the Website. You warrant that all subscription details are true and correct. Cybarate may refuse or suspend subscriptions for false or misleading information. Upon acceptance, You may create and manage Authorised Users and their devices. UserIDs must be kept confidential; You are fully responsible for all actions taken with them.

3. Using the Service

In consideration for the Service Fee, You may submit Customer Data via Authorised Devices for monitoring Resources. The Service is for internal business use only. You must obtain all required consents for data processing. Notify us immediately if any use of Customer Data becomes unauthorised or unlawful and assist us to remedy it.

Cybarate will treat non-public Customer Data as confidential, using it solely to provide the Service. We may develop generalised features from aggregated data, provided no Customer-identifiable data is disclosed.

Queries or issues may be raised via the Website or at info@cybarete.com. Cybarate may suspend or limit Service access if You breach these Terms or use the Service unlawfully.

4. Service Fees

Fees are invoiced monthly in advance and are due within seven (7) days of invoice date. Fees exclude taxes and levies, which You must pay. Additional Authorised Users added mid-month will be invoiced pro rata. We may increase fees annually effective 1 March, not to exceed increases applied to other customers.

Overdue amounts incur interest at 1½ % per month, compounded monthly. We may suspend or terminate the Service for non-payment.

5. Subscription Period

Your subscription commences on the date You complete the online process and continues until: (a) You give written notice to info@cybarete.com; (b) termination under these Terms; or (c) discontinuation of the Service.

Disclaimer & Liability

THE SERVICE DOES NOT CONSTITUTE PROFESSIONAL ADVICE. USE IS AT YOUR OWN RISK. CYBARETE IS NOT LIABLE FOR YOUR FAILURE TO OBTAIN CONSENTS FOR CUSTOMER DATA PROCESSING. YOU INDEMNIFY CYBARETE FOR ANY CLAIMS ARISING THEREFROM.

CYBARETE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE. WE MAY CANCEL OR SUSPEND ACCESS FOR UNLAWFUL USE.

CYBARETE’S TOTAL LIABILITY FOR ANY BREACH SHALL NOT EXCEED THE SERVICE FEES PAID IN THE THREE MONTHS PRECEDING YOUR CLAIM. IN NO EVENT SHALL CYBARETE BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EXCEPT AS PROHIBITED BY APPLICABLE LAW.