Terms of Service

1 Acceptance of Terms

By accessing or using the software, services, and website provided by Mobile Scanning Systems (PTY) LTD ("Company", "we", "our", "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all users of our ERP Go software, POS systems, WhatsApp Business API integration, website, and any related services.

2 Definitions

3 Our Services

Mobile Scanning Systems provides the following services:

• ✓ ERP Go Implementation: Complete setup, configuration, and deployment of ERP Go (formerly IQ Retail) software
• ✓ POS Systems: Point of Sale software integration and hardware support
• ✓ WhatsApp Business API: Business messaging integration for customer communication
• ✓ Technical Support: Ongoing maintenance, troubleshooting, and training
• ✓ Custom Solutions: Tailored software development for specific retail needs

⚠️ Note: WhatsApp Business API services are subject to Meta's WhatsApp Business Terms of Service and may be modified or terminated by Meta at any time.

4 Account Registration

To access our Services, you must register for an account. You agree to:

• • Provide accurate, current, and complete information during registration
• • Maintain the security of your account credentials
• • Promptly update any changes to your information
• • Accept responsibility for all activities that occur under your account
• • Immediately notify us of any unauthorized use of your account

5 Fees and Payment

Our service fees are outlined in your Service Agreement or Quote. Unless otherwise specified:

• • All fees are quoted in South African Rand (ZAR) exclusive of VAT
• • Invoices are due within 30 days of receipt
• • Late payments may incur interest at 2% per month
• • We reserve the right to suspend services for non-payment
• • All fees are non-refundable unless otherwise stated in your agreement

📱 WhatsApp Business API Terms

6 Acceptable Use Policy

When using our Services, you agree NOT to:

7 Data Ownership and Privacy

You retain ownership of all data, content, and information you submit through our Services. We do not claim ownership over your data.

We process your data as a Processor under South African POPIA. Our use of your data is limited to:

• • Providing, maintaining, and improving our Services
• • Troubleshooting and technical support
• • Security and fraud prevention
• • Compliance with legal obligations

For complete details, please refer to our Privacy Policy.

8 Service Level Agreement (SLA)

Support Hours: Monday to Friday, 8:00 AM - 5:00 PM SAST. Emergency support available 24/7 for critical system outages.

9 Termination

By You: You may terminate your account at any time by providing 30 days written notice.

By Us: We may suspend or terminate your access immediately if:

• • You violate these Terms
• • You fail to pay fees when due
• • Your use poses a security risk to our systems
• • We are required by law to do so

Upon termination, we will provide you with a copy of your data within 30 days.

10 Limitation of Liability

To the maximum extent permitted by South African law, Mobile Scanning Systems shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of our Services. Our total liability shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

11 Indemnification

You agree to indemnify and hold harmless Mobile Scanning Systems, its directors, employees, and partners from any claims, damages, losses, or expenses arising from your use of our Services, violation of these Terms, or infringement of any third-party rights.

12 Governing Law & Dispute Resolution

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

Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiations. If unresolved within 30 days, the dispute shall be submitted to binding arbitration in Johannesburg, South Africa, in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

13 Amendments to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to you via email or through your account dashboard at least 30 days in advance. Your continued use of our Services after changes constitutes acceptance of the modified Terms.