Terms of Service

1. Definitions

In these Terms:

• "Estavo" means Estavo (Pty) Ltd (Registration No. Registration pending - CIPC registration in progress), a private company registered in the Republic of South Africa.
• "Platform" means the Estavo Estate Operating System, including the Resident App, Security App, Manager Dashboard, and all associated web and mobile applications.
• "Client" means the estate, homeowners association, body corporate, or managing agent that has contracted with Estavo for access to the Platform.
• "User" means any natural person who accesses the Platform, including estate managers, residents, security personnel, and trustees.
• "Estate" means the residential gated community or sectional title scheme for which a Client has subscribed.
• "Subscription" means the Client's paid access to the Platform as specified in the applicable Order Form or agreement.

2. Acceptance of Terms

2.1 By accessing or using the Platform, you agree to be bound by these Terms and Estavo's Privacy Policy.

2.2 If you are accessing the Platform on behalf of an estate, body corporate, homeowners association, or managing agent, you warrant that you have authority to bind that entity to these Terms.

2.3 These Terms apply to all Users. Additional terms may apply to specific roles (estate managers, trustees) as set out in the relevant agreement with the Client.

3. The Platform

4. User Obligations

4.1 Users must:

• Provide accurate information when creating accounts or profiles
• Keep login credentials secure and not share them with others
• Use the Platform only for lawful purposes and in accordance with these Terms
• Promptly notify Estavo of any security breach or unauthorised access

4.2 Users must not:

• Attempt to reverse engineer, decompile, or extract source code from the Platform
• Use the Platform to process or store data unrelated to estate management
• Circvent any security feature of the Platform
• Use the Platform in a manner that could damage, disable, or impair it

4.3 Estate managers are responsible for ensuring that residents and staff under their estate are made aware of these Terms and the Estavo Privacy Policy.

5. Guest Codes

5.1 Guest codes generated via the Platform are 6-digit numeric codes.

5.2 Codes may be configured as single-use or multi-use by the estate manager during onboarding. This setting can be changed at any time via the Manager Dashboard.

5.3 The resident who generates a guest code is responsible for that code and the guest's conduct at the estate.

5.4 Estavo is not liable for misuse of guest codes by residents or third parties.

5.5 Estate managers may configure expiry and usage limits for guest codes via the Manager Dashboard.

6. Subscriptions and Fees

6.1 Access to the Platform requires a paid Subscription. Subscription fees are as agreed in the Order Form or agreement between Estavo and the Client.

6.2 Fees are invoiced monthly in advance. Payment is due within the period specified on the invoice.

6.3 Late payment may result in suspension of access. Estavo will provide notice before suspending an account for non-payment.

6.4 Estavo reserves the right to adjust Subscription fees on 30 days written notice to the Client.

6.5 No refunds are provided for partial months or unused periods, unless otherwise agreed in writing.

7. Intellectual Property

7.1 The Platform, including all software, designs, methodologies, and documentation, is the intellectual property of Estavo (Pty) Ltd.

7.2 Clients and Users are granted a limited, non-exclusive, non-transferable licence to use the Platform during the Subscription period.

7.3 Data entered into the Platform by the Client or its Users remains the property of the Client. Estavo does not claim ownership of resident data, estate data, or any data input by Clients.

7.4 Estavo may use anonymised and aggregated platform data for product improvement, analytics, and benchmarking purposes, provided no individual or estate is identifiable.

8. Availability and Support

8.1 Estavo will use reasonable endeavours to maintain Platform availability.

8.2 Planned maintenance will be communicated in advance where possible. Estavo will endeavour to schedule maintenance during low-usage periods.

8.3 Estavo does not guarantee uninterrupted access and is not liable for downtime caused by third-party infrastructure (including Supabase, Cloudflare, or other infrastructure hosting partners).

9. Data and Privacy

9.1 Estavo processes personal information in accordance with its Privacy Policy, which is incorporated into these Terms by reference.

9.2 Estavo acts as a responsible party in respect of platform-level data, and as an operator in respect of estate-specific data entered by Clients.

9.3 Clients are responsible for ensuring that their collection and submission of resident data to the Platform complies with POPIA and any applicable estate by-laws or management rules.

10. Limitation of Liability

10.1 Estavo's liability to any Client or User for any claim arising out of or in connection with the Platform is limited to the total Subscription fees paid by that Client in the 3 months preceding the event giving rise to the claim.

10.2 Estavo is not liable for:

• Loss of data caused by the Client or User
• Indirect, consequential, or punitive losses
• Losses arising from the Client's or User's failure to comply with these Terms
• Losses arising from third-party system failures

10.3 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

11. Indemnity

Clients indemnify Estavo against any claim, loss, or damage arising from:

• Misuse of the Platform by the Client or its Users
• The Client's non-compliance with POPIA in its collection or handling of resident data
• Any claim by a resident arising from the Client's management of the estate

12. Suspension and Termination

12.1 Estavo may suspend access to the Platform immediately if:

• The Client is in material breach of these Terms
• The Client fails to pay invoices after notice
• Continued access poses a security risk to the Platform or other estates

12.2 Either party may terminate the Subscription on 30 days written notice.

12.3 On termination, the Client may request an export of its data within 30 days. After 30 days, Estavo will delete estate data in accordance with its retention policy.

13. Changes to These Terms

13.1 Estavo may update these Terms from time to time. Material changes will be notified to Clients via email and via the Manager Dashboard at least 14 days before taking effect.

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

14. Governing Law and Disputes

14.1 These Terms are governed by the laws of the Republic of South Africa.

14.2 Any dispute arising from these Terms will first be referred to good-faith negotiation. If unresolved within 14 days, either party may refer the dispute to mediation under the Arbitration Foundation of Southern Africa (AFSA).

14.3 The courts of South Africa have jurisdiction over any dispute not resolved by mediation.