1. Introduction

Welcome to Analytical Tracking Solutions (PTY) LTD (hereinafter "Antrack"). By using our platform, server and services, you agree to comply with and be bound by the following Terms and Conditions. These terms govern your use of our tracking and analytics services and your relationship with Antrack.

2. Services Provided

Antrack provides a fleet and asset management module-based platform that utilises GPS tracking and data analytics to optimise operations and provide insights into vehicle and asset usage. Our platform delivers valuable data and reporting tools to help you manage your fleet and assets more efficiently. Antrack offers a comprehensive fleet and asset management platform that includes the following features:

• 2.1 Real-Time Tracking: Monitoring the location of vehicles and assets using GPS technology.
• 2.2 Data Analytics and Reporting: Providing reports and insights based on tracking data, usage analysis, and other analytical tools.
• 2.3 Platform Access: Access to our web and mobile applications for managing and viewing tracking data.
• 2.4 Device Compatibility: The platform is compatible with specific tracking devices as specified by Antrack.
• 2.5 API Access and Custom Hosting: Antrack offers optional API access and private server hosting for enterprise clients. Where these services are provided, clients are responsible for managing their own internal user permissions and for maintaining proper security protocols when accessing or integrating with the platform.
• 2.6 Asset Management Features: The platform includes an optional asset management module, which allows clients to associate and manage non-vehicle assets within the system. The accuracy of asset information is the responsibility of the client.
• 2.7 Managed SIM Options: The "Managed User" and "Managed Pro" options include an Antrack managed SIM card that operates on the Vodacom or BICS network. This SIM is data managed by Antrack and is exclusively for use in the supplied Antrack tracking device and cannot be used in other devices.
• 2.8 Service Limitations and Disclaimer: Antrack is a tracking and data analytics platform. While our tracking data may assist in locating stolen or lost vehicles or assets, we do not provide recovery, security, or emergency services. Use of the platform does not guarantee the recovery or security of any asset or vehicle.

3. Pricing and Payment

• 3.1 Subscription Fees: Access to our platform and services requires a monthly subscription fee per device, which will be communicated to you at the time of purchase. Subscription payments are non-refundable once paid, including in the event of non-use or partial use of the service during the subscription period.
• 3.2 Device Costs: The cost of tracking devices is separate from subscription fees and will be specified at the time of purchase.
• 3.3 Dedicated Server Fee: If you require a dedicated server and your fleet size does not meet the minimum threshold for enterprise use, additional hosting fees may apply. These costs will be communicated in advance and form part of your monthly subscription agreement.
• 3.4 Payment Terms: Subscription fees are payable monthly. Once a payment is made, services will be provided for that month.
• 3.5 Service Period: Termination of the contract will occur at the end of the paid-for month. A one month notice period may be applicable if your SIM card(s) are linked to a contract with the network provider.
• 3.6 Price Changes: Antrack reserves the right to change subscription fees or device costs with reasonable notice.

4. Device Compatibility, Installation, and Maintenance

4.1 Approved Devices: Only tracking devices approved by Antrack are compatible with our platform.

4.2 Client Responsibility: The client is responsible for:

• 4.2.1 Installing and maintaining the tracking devices in good working order.
• 4.2.2 Ensuring the device is powered on and connected to the Antrack server.

4.3 Device Liability: Antrack is not responsible for lost, damaged, or stolen devices.

5. Data Privacy and Security

5.1 Data Collection: We collect and process tracking data in accordance with our Privacy Policy and in compliance with the Protection of Personal Information Act (POPIA) and the Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA).

5.2 RICA Compliance:

• 5.2.1 All SIM cards used in conjunction with Antrack's services must be fully RICA compliant.
• 5.2.2 Antrack ensures that all managed SIM cards provided as part of the "Managed User" and "Managed Pro" options are properly RICA registered. These managed SIM cards are exclusively configured for use with Antrack tracking devices and communication with Antrack servers and cannot be used in any other devices.
• 5.2.3 It is the client's responsibility to ensure that any SIM cards that they provide for use with Antrack devices are also correctly RICA registered.

5.3 Data Privacy and Security: We take reasonable measures to protect your data from unauthorised access, but we cannot guarantee absolute security. Clients are responsible for maintaining the confidentiality of their account login credentials and for all activities that occur under their account.

• 5.3.1 Where clients are given elevated administrative access or hosted server control, they are solely responsible for the internal management of user permissions, roles, and access to sensitive information. Antrack will not be liable for data breaches or unauthorised access resulting from mismanaged client-side access controls.
• 5.3.2 Antrack's infrastructure is hosted on secure cloud services (e.g. AWS). However, clients remain responsible for securing their integration points and internal environments.

5.4 Data Usage: Antrack may use anonymised and aggregated data for improving its services.

5.5 International Use and Compliance: Clients using Antrack's services outside of South Africa are responsible for ensuring compliance with all applicable local laws, including data protection, tracking laws, and communications regulations in their respective jurisdictions.

5.6 Liability: While we do our best to keep data secure and will remediate issues, Antrack is not liable for loss of data, income to your business, or any other consequential damages.

6. Intellectual Property

6.1 Ownership: Antrack owns or has the right to use all intellectual property relating to the platform, services, and associated materials. This includes, but is not limited to:

• 6.1.1 Software, applications, and code
• 6.1.2 Data, databases, and compilations of data
• 6.1.3 Hardware, devices, and components
• 6.1.4 Documentation, reports, and manuals
• 6.1.5 Trademarks, logos, and designs

6.2 Client Restrictions: The client shall not:

• 6.2.1 Copy, modify, distribute, or create derivative works based on Antrack's intellectual property.
• 6.2.2 Reverse engineer, decompile, or attempt to extract the source code of any software.
• 6.2.3 Use Antrack's intellectual property in any way not expressly authorised by this agreement.

6.3 Intellectual Property Changes: Antrack reserves the right to modify or update its intellectual property at any time without notice.

6.4 Client Data Ownership: All tracking and asset data collected via Antrack devices remain the property of the client. Antrack may access, store, or process such data only as needed to deliver the agreed services and support. Aggregated or anonymised data may be used by Antrack for service improvement, analytics, and benchmarking.

7. Indemnity

You agree to indemnify and hold harmless Antrack, its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including legal fees) arising from:

• 7.1 Your use of our platform and services.
• 7.2 Your breach of these Terms and Conditions.
• 7.3 Your negligence or misconduct.
• 7.4 Any incorrect installation or mishandling of the tracking devices.

8. Limitation of Liability

8.1 Antrack shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our platform and services.

8.2 Antrack is not liable for any damages related to the failure of recovering a vehicle or asset. This includes, but is not limited to, instances where Antrack's tracking data was used or intended to be used in recovery efforts.

8.3 Antrack is not liable for any damages due to device malfunction, signal loss, or any other external factors outside of Antrack's direct control.

8.4 Uptime and Data Backup: While Antrack aims for high availability, we do not guarantee uninterrupted access. Scheduled maintenance, connectivity issues, or cloud service disruptions may result in temporary unavailability. Clients are encouraged to download or back up critical data regularly. Antrack is not liable for data loss due to client-side deletion, integration errors, or access mismanagement.

9. Termination

• 9.1 We may terminate your account and access to our services for any reason, including breach of these Terms and Conditions, or if we find that the platform is being used for illegal or illicit activities, unethical/misconduct, bribery, corruption, terrorism, or any other crime.
• 9.2 Clients can terminate their contracts before the next month's payment is processed, unless they are required to provide one month's notice. Once payment is processed, services will be provided for that month.
• 9.3 Unpaid accounts will be terminated, and your data will be at risk of being lost.
• 9.4 Upon termination, you will remain responsible for any outstanding fees.

10. Changes to Terms and Conditions

10.1 We reserve the right to modify these Terms and Conditions at any time.

10.2 We will provide notice of any significant changes.

10.3 Your continued use of our services after changes are posted constitutes acceptance of the new Terms and Conditions.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.

12. Ethical Use Clause

12.1 You agree to use the Antrack platform and tracking devices for lawful and ethical purposes.

12.2 You are prohibited from using the platform for illegal activities, including but not limited to:

• 12.2.1 Unauthorised tracking of individuals that would violate their privacy.
• 12.2.2 Any activity that breaches the laws of South Africa.
• 12.2.3 Any activity that goes against good business practice.

12.3 Antrack reserves the right to terminate any account found to be used in an unethical or illegal manner.

13. Contact Information

If you have any questions about these Terms and Conditions, please contact us at support@antrack.co.za with the subject: Terms and Conditions.