END USER LICENSE AGREEMENT AND POLICY
AFROFINITY PTY (Ltd) LEGAL DOCUMENT
THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY.
These End User License Agreement Terms (“Terms”) govern your access to and use of the DYREKT client-side mobile application software (the “Software”) provided by Afrofinity PTY (Ltd) (“Afrofinity PTY,” “we,” or “us”), and the DYREKT cloud-based software-as-a-service application that we make available through or in connection with the Software (the “Cloud Application”).
Acceptance of these Terms
Your use of and access to the Software and Cloud Application are conditioned on your compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations. By installing the software or by using the software or cloud application you are showing that you understand and agree to abide by these terms. If the software or cloud application is to be used by or other organization, the individual expressing acceptance of these terms stands for and calls for that he or she has the authority to bind that organization to these terms including the organization. If you do not accept all these terms, then we are unwilling to license the software or make the cloud application available to you, and you must remove all copies of the software without keeping any copies thereof.
Rights to Use the Software and Cloud Application
Subject to your compliance with these terms, we grant you a non-exclusive, non-transferable license to: (I) install one copy of the software on each compatible mobile device for which we have issued you a valid license key for that software (each, an “Authorized Device”); and (ii) to use the Software on each such authorized device, and access and use the Cloud Application in connection with your Authorized Devices, solely for your own personal or internal business use during the license period for which we have issued along with the applicable license keys. The foregoing rights may be suspended or stopped as an in these terms. For non-evaluation and other paid licenses, the foregoing rights are also conditioned upon your prompt payment and our receipt of all associated fees (as specified by us at the time you selected the license) and applicable taxes, if any.
Prohibitions
a. The software and cloud application are intended to be used only following Afrofinity applicable documentation and only to evaluate, manage, protect, and maintain the security of mobile devices and wireless networks that you control. Any other use of the software or cloud application is prohibited. Prohibited uses include (without limitation) using the software or cloud application to attack, probe, assess the security of, or interfere with any third party’s network, device, or other target without that third party’s express, informed authorization. You may not show any vulnerability discovered, reproduced, or confirmed using the software or cloud application except following industry accepted vulnerability disclosure practices. You acknowledge that improper use of the software or cloud application could significantly harm your network or devices, and you assume all risks associated with your use.
b. You may not, and you agree not to: (I) copy, modify or distribute the software for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the software or cloud application to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the software or cloud application; (iv) make the functionality of the software or cloud application available to multiple users through any means; (v) use the software or cloud application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms or our applicable documentation; (vi) access or use any areas of the cloud application for which we have not granted you authorization, or tamper or interfere with our computer systems or the technical delivery systems of our providers; (vii) gather or use information, such as other users’ names, real names, or email addresses, through the cloud application to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; or (viii) encourage or enable anyone to do any of the foregoing.
c. You promise to indemnify and hold harmless Afrofinity, its representatives and its partners fully against any claims, liabilities, costs, expenses, and other harm arising from your unauthorized use of the software or cloud Application or any other violation of these terms (including any of the prohibitions said above). We reserve the right, but have no obligation, to check compliance with the prohibitions set forth above, and we may investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these terms.
Ownership
Your rights with respect to the software and cloud application are limited to those expressly granted in Section 2 above. Afrofinity suppliers reserve sole and exclusive ownership of the software and cloud application and all copyrights, patents, trademarks, and other intellectual property rights there. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on the software and cloud application If you provide us with any suggestions, comments, or other feedback regarding the software and cloud application (“Feedback”) you acknowledge that such Feedback will become the exclusive property of Afrofinity, and we may use (or not use) any such Feedback in any manner and for any purpose, without compensation to you and without implying or creating any interest on your part in any of our products or services that may be based on such Feedback. You hereby irrevocably assign to us all right, title, and interest in any Feedback you provide.
Modifications
The cloud application and software may change from time to time (for example, we may push updates to your authorized device, increase or decrease server capacity, or modify our user interface), and/or we may stop providing the cloud application or any of its features (permanently or temporarily), possibly without prior notice to you. In the case of paid licenses, however, we will not drop the essential features of the software or cloud application during your paid license period without offering a reasonable substitute or alternative. We may decide to charge users a fee for the use of certain features, although if we do, we will provide you with prior notice before such fees take effect.
Your Account
To access and use certain features of the cloud application, you will need to register and create an account (“Account”). When creating an account, you may have to provide certain personal information about yourself and will set up a username and a password. You agree to provide correct, current, and complete information about your account. We reserve the right to suspend or end your account if any information provided during the registration process or thereafter is or becomes inaccurate, false, or misleading. You are obliged to support the confidentiality of your password and account and agree to let us know if your password is lost, stolen or otherwise may have been compromised. You manage all activities that occur under your account.
Data Collection and Transmission
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In order for the software and cloud application to identify patterns associated with security attacks and to perform other functions for which they were designed, they will gather and transmit to our servers certain technical information, user data, and metadata associated with your authorized devices and use of the software, including device IDs, MAC addresses, user names and email addresses, IP configurations, stored sessions, open ports, captured credentials, network metadata, and device operating system, status, version, and configuration (collectively, “Data”).
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You consent to our collection, transmission, storage, monitoring, copying, processing, analysis, and use of the Data to administer the Cloud Application, to develop and improve the software and cloud application, our other products, and services, and to check compliance with these terms. We may also show Data as needed to cooperate with law enforcement activities and otherwise to fulfill our legal obligations and protect our legal rights. You are solely responsible for securing any privacy-related rights and permissions from your individual users of the software.
Contacting You
As part of making the Cloud Application available to you, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Cloud Application and your Account, which you may not be able to opt-out from receiving. To ease other communications about the Software and Cloud Application, you are responsible to complete and return to Afrofinity the Customer Contact and Information Sheet attached here to, which you shall update from time to time if the information changes.
Third-Party Software
The software or cloud application may be accompanied by or use certain third-party software components, libraries or applications that are distributed (with or without modifications) under open-source licensing terms (the “Open-Source Components”). Your rights with respect to the Open-Source Components are, to the extent of any conflict with these Terms, governed by and subject to the terms of the open-source licenses under which they are distributed. You followed those licenses. Please refer to our website for more specific information about the Open-Source Components that we redistribute and the licenses that apply to them. You may not assume that we have reviewed, verified, authenticated, any Open-Source Components or other third-party software that may be given, available through, used in connection with the software or cloud application. Open-Source Components and any other third-party software, the information or results provided by them, may be unreliable, inaccurate, incomplete, delayed, or otherwise defective. We make no representations, warranties, or guarantees in connection with any third-party software and the information or results provided by it. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any third-party software.
Verification and Audit
We may (but are not needed to) check the use of the Software and Cloud Application, including by tracking the device IDs and license keys associated with the Authorized Devices on which the Software is used, for purposes of verifying compliance with these Terms. In addition, you agree to track and keep records of the individual users and Authorized Device(s) using the Software and promptly let us know if you learn of any unlicensed use. At our written request, you will provide us with a certification signed by an officer of the organization, verifying that the software and cloud application are being used in compliance with these Terms. We may, at any time during the term of your license or for one year thereafter, upon reasonable written notice, audit your use of the Software. We may use a third-party organization to aid us in conducting such an audit. You agree to cooperate with us in such an audit and will promptly make available to us all information, equipment and materials required by us to conduct such an audit. If an audit reveals that you have underpaid any license or service fees for the period audited, you agree to promptly pay us for such underpaid fees based on our price list in effect at the time the audit is completed. If the underpaid fees exceed five percent (5%) of the fees you paid for the relevant period, then you also agree to pay our reasonable costs of conducting the audit.
Termination
Your rights under these Terms will expire at the end of the period(s) for which you have bought a valid license key from us for the Software. The Software may cease to function once the license key has expired. Any license renewals or extensions will be subject to availability and your payment of all applicable fees as then in effect. We have no obligation to offer license renewals or extensions, and we may condition renewals upon your acceptance of revised or added terms and conditions. Your rights under these Terms will automatically end, and we may suspend or end your Account and your use of the software and cloud application, at once and without notice if you breach any of these terms. In addition, we may suspend your Account and your use of the software and cloud application, as we consider it proper to prevent, investigate, or otherwise address any suspected misuse of the software and cloud application. Upon end or termination of these Terms or your Account, you agree to promptly and permanently remove all copies of the Software that are on the Authorized Devices or otherwise in your possession or control.
Disclaimers
- You understand and agree that the software and cloud application are provided to you. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the software and cloud application meet your requirements, will detect, prevent all security threats, vulnerabilities and be available on an uninterrupted or error-free basis.
b. Certain states or authorities do not allow the exclusion of express or implied warranties in certain circumstances, so the above disclaimer may not apply to you. IN THAT EVENT, SUCH EXPRESS OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY THE APPLICABLE LAW.
Limitation of Liability
Afrofinity PTY (Ltd)
c. As a User, you acknowledge that it is your responsibility to implement back-up plans** **and other safeguards proper for the value of the networks, devices, data, and systems with which you use the software and cloud application and, accordingly, that the foregoing exclusions and limitations of damages and liability are reasonable. The allocation of risk is an essential basis of the bargain between you and us, and without it, the fees charged for the software and cloud application would be significantly higher. To the extent, if any, that applicable local laws prohibit the exclusion or limitation of certain liabilities or damage.
Maintenance and Support
We have no software maintenance or technical support obligations under these Terms. We may from time to time offer maintenance and support services or other add-on services for the software and cloud application for you to buy. Any add-on services will be subject to such separate fees and contract terms and conditions as we may specify when offering those services.
DYREKT DIALER END USER AGREEMENT AND POLICY
END USER LICENSE AGREEMENT
THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY
These End User License Agreement Terms (“Terms”) govern your access to, and use of, the Dyrekt Dialer client-side mobile application software (the “Software”) provided by Afrofinity PTY (ltd). (“Afrofinity,” “we,” or “us”), and the Dyrekt Dialer cloud-based software-as-a-service application that we make available through or in connection with the Software (the “Cloud Application”) Dyrekt.
Acceptance of these Terms
Your use of and access to the Software and Cloud Application are conditioned on your compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations. By installing the software or by using the software or cloud application you are writing down that you understand and agree to abide by these terms. If the software or cloud application is to be used by or other organization, the individual expressing acceptance of these terms stands for and calls for that he or she has the authority to bind that organization to these terms including the organization. If you do not accept all these terms, then we are unwilling to license the software or make the cloud application available to you, and you must remove all copies of the software without keeping any copies thereof.
Rights to Use the Software and Cloud Application
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable license to: (I) install one copy of the Software on each compatible mobile device for which we have issued you a valid license key for that Software (each, an “Authorized Device”); and (ii) to use the Software on each such Authorized Device, and access and use the Cloud Application in connection with your Authorized Device(s), solely for your own personal or internal business use during the license period for which we have issued you the applicable license keys. The foregoing rights may be suspended or ended as in these Terms. For non-evaluation and other paid licenses, the foregoing rights are also conditioned upon your prompt payment and our receipt of all associated fees (as specified by us at the time you selected the license) and applicable taxes, if any.
Prohibitions
a. The software and cloud application are intended to be used only following Afrofinity applicable documentation and only to evaluate, manage, and protect the security of mobile devices and wireless networks that you own or control. Any other use of the Software or Cloud Application is prohibited. Prohibited uses include (without limitation) using the Software or Cloud Application to attack, probe, assess the security of, or interfere with any third party’s network, device, or other target without that third party’s express, informed authorization. You may not show any vulnerability discovered, reproduced, or confirmed using the Software or Cloud Application except following industry accepted vulnerability disclosure practices. You acknowledge that improper use of the Software or Cloud Application could significantly harm your network and/or devices, and you assume all risks associated with your use.
b. You may not, and you agree not to: (I) copy, modify or distribute the Software for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Software or the Cloud Application to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Software or the Cloud Application; (iv) make the functionality of the Software or the Cloud Application available to multiple users through any means; (v) use the Software or Cloud Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or our applicable documentation; (vi) access or use any areas of the Cloud Application for which we have not granted you authorization, or tamper or interfere with our computer systems or the technical delivery systems of our providers; (vii) gather or use information, such as other users’ names, real names, or email addresses, through the Cloud Application to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; or (viii) encourage or enable anyone to do any of the foregoing.
c. You promise to indemnify and hold harmless Afrofinity and its representatives fully against any claims, liabilities, costs, expenses, and other harm arising from your unauthorized use of the Software or Cloud Application or any other violation of these Terms (including any of the prohibitions said above). We reserve the right, but have no obligation, to check compliance with the prohibitions set forth above, and we may investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Ownership
Your rights with respect to the Software and Cloud Application are limited to those expressly granted in Section 2 above. Afrofinity and its partners reserve sole and exclusive ownership of the Software and Cloud Application and all copyrights, patents, trademarks, and other intellectual property rights there. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on the Software or Cloud Application. If you provide us with any suggestions, comments, or other feedback regarding the Software or Cloud Application (“Feedback”) you acknowledge that such Feedback will become the exclusive property of Afrofinity and we may use (or not use) any such Feedback in any manner and for any purpose, without compensation to you and without implying or creating any interest on your part in any of our products or services that may be based on such Feedback. You hereby irrevocably assign to us all right, title, and interest in any Feedback you provide.
Modifications
The Cloud Application and Software may change from time to time (for example, we may push updates to your Authorized Device, increase or decrease server capacity, or modify our user interface), and/or we may stop providing the Cloud Application or any of its features (permanently or temporarily), possibly without prior notice to you. In the case of paid licenses, however, we will not stop the essential features of the Software or Cloud Application during your paid license period without offering a reasonable substitute or alternative. We may decide to charge users a fee for the use of certain features, although if we do, we will provide you with prior notice before such fees take effect.
Your Account
To access and use certain features of the Cloud Application, you will need to register and create an account (“Account”). By creating an Account, you stand for that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States of America, the Republic of South Africa, or any other applicable authority. When creating an Account, you may have to provide certain personal information about yourself and will set up a username and a password. You agree to provide correct, current, and complete information about your Account. We reserve the right to suspend or end your Account if any information provided during the registration process or thereafter is or becomes inaccurate, false, or misleading. You are obliged to support the confidentiality of your password and Account and agree to let us know if your password is lost, stolen, or shown to an unauthorized third party, or otherwise may have been compromised. You manage all activities that occur under your Account.
Data Collection and Transmission
a. In order for the Software and Cloud Application to identify patterns associated with security attacks and to perform other functions for which they were designed, they will gather and transmit to our servers certain technical information, user data, and metadata associated with your Authorized Device(s) and use of the Software, including device IDs, MAC addresses, user names and email addresses, IP configurations, stored sessions, open ports, captured credentials, network metadata, and device operating system, status, version, and configuration (collectively, “Data”).
b. You consent to our collection, transmission, storage, monitoring, copying, processing, analysis, and use of the Data to administer the Cloud Application, to develop and improve the Software and Cloud Application and our other products and services, and to check compliance with these Terms. You acknowledge that this may include transmission of your Data to or from locations in the United States, Europe, and other countries or authorities, potentially including those outside of where you live or use the Software. We may also show Data as needed to cooperate with law enforcement activities and otherwise to fulfill our legal obligations and protect our legal rights. You are solely responsible for securing any privacy-related rights and permissions from your individual users of the Software.
Contacting You
As part of making the Cloud Application available to you, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Cloud Application and your Account, which you may not be able to opt-out from receiving. To ease other communications about the Software and Cloud Application, you are responsible to complete and return to Afrofinity the Customer Contact and Information Sheet attached here to, which you shall update from time to time if the information changes.
Third-Party Software
The Software or Cloud Application may be accompanied by or use certain third-party software components, libraries or applications that are distributed (with or without modifications) under open-source licensing terms (the “Open-Source Components”). Your rights with respect to the Open-Source Components are, to the extent of any conflict with these Terms, governed by and subject to the terms of the open-source licenses under which they are distributed. You followed those licenses. Please refer to our website for more specific information about the Open-Source Components that we redistribute and the licenses that apply to them. You may not assume or infer that we endorse, or that we have reviewed, verified, or authenticated, any Open-Source Components or other third-party software that may be offered, available through, or used in connection with the Software or Cloud Application. Open-Source Components and any other third-party software, and the information or results provided by them, may be unreliable, inaccurate, incomplete, delayed, or otherwise defective. We make no representations, warranties, or guarantees in connection with any third-party software or the information or results provided by it. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any third-party software.
Verification and Audit
We may (but are not needed to) watch the use of the Software and Cloud Application, including by tracking the device IDs and license keys associated with the Authorized Devices on which the Software is used, for purposes of verifying compliance with these Terms. In addition, you agree to track and keep records of the individual users and Authorized Device(s) using the Software and promptly let us know if you learn of any unlicensed use. At our written request, you will provide us with a certification signed by an officer of the organization, verifying that the Software and Cloud Application are being used in compliance with these Terms. We may, at any time during the term of your license or for one year thereafter, upon reasonable written notice, audit your use of the Software. We may use a third-party organization to aid us in conducting such an audit. You agree to cooperate with us in such an audit and will promptly make available to us all information, equipment and materials required by us to conduct such an audit. If an audit reveals that you have underpaid any license or service fees for the period audited, you agree to promptly pay us for such underpaid fees based on our price list in effect at the time the audit is completed. If the underpaid fees exceed five percent (5%) of the fees you paid for the relevant period, then you also agree to pay our reasonable costs of conducting the audit.
Termination
Your rights under these Terms will expire at the end of the period for which you have bought a valid license key from us for the Software. The Software may cease to function once the license key has expired. Any license renewals or extensions will be subject to availability and your payment of all applicable fees as then in effect. We have no obligation to offer license renewals or extensions, and we may condition renewals upon your acceptance of revised or added terms and conditions. Your rights under these Terms will automatically stop, and we may suspend or end your Account and your use of the Software and Cloud Application, at once and without notice if you breach any of these Terms. In addition, we may suspend your Account and your use of the Software and Cloud Application as we consider proper to prevent, investigate, or otherwise address any suspected misuse of the Software or Cloud Application. Upon end or termination of these Terms or your Account, you agree to promptly and permanently remove all copies of the Software that are on the Authorized Device(s) or otherwise in your possession or control.
Disclaimers
-
You understand and agree that the software and cloud application are provided to you. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the software and cloud application meet your requirements, will detect, prevent all security threats, vulnerabilities and be available on an uninterrupted or error-free basis.
-
Certain states or authorities do not allow the exclusion of express or implied warranties in certain circumstances, so the above disclaimer may not apply to you. IN THAT EVENT, SUCH EXPRESS OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY THE APPLICABLE LAW.
Maintenance and Support
We have no software maintenance or technical support obligations under these Terms. We may from time to time offer maintenance and support services or other add-on services for the Software or Cloud Application for you to buy. Any add-on services will be subject to such separate fees and contract terms and conditions as we may specify when offering those services.
What personal data we collect and why we collect it
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Embedded content from other websites
Articles on this site may include embedded content (e.g., videos, images and articles). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed more third-party tracking, and check your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or remove their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also ask that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
We do not pass any of your data or information to any other party.