1. Definitions
For clarity, the following terms are defined as follows:
- “Yieldly” or “the Service” — the Yieldly web and mobile application, which is the intellectual property of Yieldly (Pty) Ltd.
- “We, Us, Our” — Yieldly (Pty) Ltd.
- “User” — any person authorised by Yieldly (Pty) Ltd to access or make use of the Service.
- “Subscription” — paid access to Yieldly on a monthly or annual basis.
- “Personal Information” — as defined in the Protection of Personal Information Act, 2013 (POPIA).
- “Hardware” — any equipment or hardware provided by us, including NFC cards.
- “Software” — our software, including the web application and mobile application.
2. Service Subscription
By using our services, you agree to the following terms and conditions:
- To access our services, an account must be created for your business by Yieldly.
- Your email and password are confidential and you may not share your credentials with anyone.
- You must inform us promptly if you suspect that your credentials have been compromised.
- It is recommended that you change your password on a regular basis.
- You are responsible for timely payment of your subscription fees.
- Yieldly's services are of an advisory role. It remains your responsibility to ensure that data is logged correctly and that data displayed within Yieldly is accurate.
- If a disagreement with data accuracy exists, Yieldly must be notified immediately.
- Yieldly takes no responsibility for incorrect payments and may not be held liable for any damages resulting from the use of our services.
3. Jurisdiction
These Terms and Conditions are governed by the laws of the Republic of South Africa.
Any dispute, claim, or legal proceeding arising from or relating to the use of the Yieldly platform, services, or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
4. Use Restrictions
You may not permit others to:
- License, sub-license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the platforms and services, or make the platforms and services available to any third party.
- Copy, modify, reverse compile, reverse engineer, or extract source code from the platforms and services, except to the extent that we may not prohibit you from doing so under applicable laws or regulations, or where you have our prior written consent. Where applicable laws or regulations entitle you to reverse compile or extract source code from the platforms and services, you must first contact us to request the information you need.
5. Intellectual Property and What We Own
We own everything in our services, excluding third-party services used by our services.
All software, code, designs, data models, trademarks, logos, and content provided by Yieldly are the property of and owned exclusively by Yieldly (Pty) Ltd.
You agree not to copy, distribute, modify, or attempt in any way to damage or compromise our services.
6. Third-Party Services
Our services make use of third-party services for data storage.
You acknowledge and agree that we do not control or verify third-party services, and we shall not be responsible for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.
7. Updates to Services
We may from time to time provide improvements to the features and functionality of the platforms and services, which may include patches, bug fixes, updates, upgrades, and other modifications.
Updates may occur automatically and without prior notice. We do not guarantee that we will make any updates available for any of the platforms and services, or that such updates will continue to support your device or system.
Updates may modify or delete certain features and/or functionalities of the platforms and services. You agree that we have no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the platforms and services to you.
You further agree that all updates will be (i) deemed to constitute an integral part of the platforms and services, and (ii) subject to the terms and conditions of this agreement.
You agree to attend to any manual updates that may be required on your devices, such as mobile applications. You understand that the services may not perform optimally or correctly should you fail to perform updates when instructed to do so.
Remote support is provided under this agreement.
8. Personal Data Protection
We respect your privacy and take data protection seriously. Our Privacy Policy sets out in detail which personal data we process and how we process it. Upon termination, we will remove all personal data from our database to the extent that we do not need such data for regulatory or other legal purposes.
When you enter or upload your data into our services, we do not own that data. You agree that you have been informed about your rights in this regard, explicitly grant us permission, and agree that this serves as your declaration of consent, to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, in order to: enable you to use our services; and allow us to improve, develop, and protect our services and to create new services.
9. Terms of Termination
- Access to your services is provided on a monthly basis until termination from either party. Prior arrangements can be made if an annual fee is requested.
- You may cancel or terminate this agreement at any time, providing us with one month's notice, after which all access to your services will be blocked or restricted.
- It is your responsibility to export any needed data from our services before termination.
- 60 days from termination date, your data will be removed from our system.
10. Payments
Subject to mandatory applicable laws and regulations, or as otherwise specified by us for a particular item or software, under no circumstances will we be required to provide a refund for any payments made by you to us in relation to any services or software (whether used or unused). Refunds remain at our sole discretion depending on the circumstances.
You shall pay the subscription fees in monthly increments (or as an annual once-off payment if requested by you).
We reserve the right to change fees for any of our services at any time. We will notify you of any changes. No change in monthly fees will be realised within the first year of use.
We will restrict your access to our services within 30 days if fees due are not paid. When payment is received, access will be restored immediately and historical data will not be lost.
11. Our Responsibility
In the event that you discover a system error which affects the services used, Yieldly must be notified within 60 days from the day of non-conformance. Yieldly shall investigate promptly and, at its sole option, either refund the fee or correct the error through patches to the code base — provided that the non-conformance has not been caused by any modification, variation, or addition to the services not performed by Yieldly.
Yieldly cannot guarantee that the services will be completely and always free of viruses. We use industry-standard protocols to maintain our security, but it remains your responsibility to scan the services for viruses.
Our services are designed to be usable 24/7. We will, however, not be held responsible for temporary downtime in case of system failure, maintenance, or repairs. You will be notified in writing of such occurrences in advance where practical.
You acknowledge that the services in general are not guaranteed to be error-free and that reasonable time will be allowed for rectification after error identification and communication of the findings.
In the event of subscription cancellation, it remains your responsibility to make backups of your data on our system. After 60 days from the date of cancellation, your data will be removed from our system and will no longer be available. If you decide to renew your subscription within the 60-day backup storage period, your historical data will still be available.
12. Compliance with POPIA
Yieldly will process personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA). Users warrant that they have obtained all necessary permissions, consents, and lawful grounds required to upload or process personal information on the platform. Users remain responsible for ensuring that any employee or third-party information uploaded to the services is processed lawfully.
13. Confidentiality
Both parties agree to keep confidential any non-public business, technical, financial, or operational information obtained through the use of the services. This obligation shall survive termination of this agreement.
14. Limitation of Liability
To the maximum extent permitted by South African law, Yieldly's total liability arising from or related to the use of the services shall not exceed the total subscription fees paid by the User during the six (6) months preceding the event giving rise to the claim. Yieldly shall not be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, production losses, loss of business opportunities, loss of data, or reputational harm.
15. Indemnity
You agree to indemnify, defend, and hold harmless Yieldly (Pty) Ltd, its directors, employees, contractors, and affiliates against any claims, damages, liabilities, losses, costs, or expenses arising from your misuse of the services, breach of these Terms and Conditions, or unlawful processing of personal information.
16. Acceptable Use
Users may not use the services for any unlawful, fraudulent, malicious, or abusive purpose. Users may not attempt to gain unauthorised access to the services, interfere with the operation of the platform, upload malicious code, or use the services in a manner that may negatively affect other users or Yieldly's systems.
17. Suspension of Services
Yieldly reserves the right to suspend or restrict access to the services immediately where there is suspected unauthorised access, non-payment, unlawful conduct, security risk, abuse of the platform, or breach of these Terms and Conditions.
18. Force Majeure
Yieldly shall not be held liable for any delay, interruption, or failure in performance caused by events beyond its reasonable control, including but not limited to natural disasters, power outages, internet failures, labour disputes, cyber-attacks, governmental actions, civil unrest, or acts of God.
19. Electronic Communications
You agree that Yieldly may communicate with you electronically through email, mobile communication, platform notifications, or other digital means regarding operational matters, support, billing, updates, and legal notices.
20. Data Backups and Retention
Although Yieldly may maintain routine backups for operational purposes, Users remain responsible for maintaining their own independent backups of critical business data. Yieldly does not guarantee restoration of deleted or corrupted data beyond its internal retention procedures.
21. Service Availability
While Yieldly aims to provide reliable and continuous access to the services, no guaranteed uptime or service level agreement (SLA) is provided unless expressly agreed in writing.
22. Assignment
Users may not assign or transfer their rights or obligations under these Terms and Conditions without prior written consent from Yieldly. Yieldly may assign or transfer its rights and obligations to an affiliate, successor, or purchaser of the business.
23. Entire Agreement
These Terms and Conditions, together with any written quotations, subscription agreements, or privacy policies issued by Yieldly, constitute the entire agreement between the parties relating to the services and supersede all prior communications or understandings.
24. Amendments
Yieldly reserves the right to amend or update these Terms and Conditions from time to time. Updated Terms and Conditions will become effective once published or communicated to Users. Continued use of the services after such amendments constitutes acceptance of the revised Terms and Conditions.
25. Consumer Protection Act
Nothing contained in these Terms and Conditions is intended to limit or exclude any rights that may not lawfully be limited or excluded under applicable South African consumer protection legislation, including the Consumer Protection Act, 2008, where applicable.
26. Dispute Resolution
Before instituting legal proceedings, the parties agree to attempt to resolve any dispute arising from these Terms and Conditions through good-faith negotiations. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation or arbitration in South Africa in accordance with applicable South African arbitration rules, provided that nothing prevents either party from approaching a competent court for urgent or interim relief.
27. Official Notices
Any legal notices or communications required under these Terms and Conditions shall be delivered electronically via email to the latest contact details provided by the parties. A notice shall be deemed received on the date of successful transmission unless proven otherwise.
28. Ownership of Aggregated Data
Yieldly may collect and use anonymised and aggregated operational, usage, and statistical data derived from the use of the services for analytical, benchmarking, service improvement, machine learning, product development, and business intelligence purposes, provided that such data cannot reasonably identify any individual or specific client.
29. Security Measures
Yieldly implements reasonable technical and organisational security measures designed to protect the confidentiality, integrity, and availability of personal information and business data processed through the services. However, no system can be guaranteed completely secure, and Users acknowledge the inherent risks associated with electronic communications and cloud-based systems.
30. Data Breach Procedures
In the event of a suspected or confirmed data breach affecting personal information processed by Yieldly, Yieldly will take reasonable steps to investigate, mitigate, and notify affected parties where required under applicable South African law.
31. POPIA Operator Status
Where Yieldly processes personal information on behalf of a client, Yieldly acts as an Operator as contemplated under POPIA and will process such information only with the knowledge or authorisation of the responsible party, except where otherwise required by law.
32. Hardware and NFC Equipment
Any hardware, NFC cards, scanners, or related equipment supplied by Yieldly remain subject to availability and operational limitations. Users are responsible for ensuring that hardware is handled correctly, protected from damage, and used only for its intended purpose. Yieldly shall not be liable for losses arising from damaged, lost, stolen, misused, or improperly configured hardware.
33. Hardware Replacement
Replacement of lost, stolen, damaged, or destroyed hardware may be subject to additional charges at the prevailing rates determined by Yieldly.
34. Third-Party Hosting and Infrastructure
Yieldly may make use of third-party hosting providers, cloud infrastructure providers, communication platforms, analytics providers, or other subcontractors in the delivery of the services. Users acknowledge that service availability may partially depend on such third-party infrastructure.
35. Support Services
Standard remote support services are included during normal business hours unless otherwise agreed in writing. Yieldly does not guarantee specific response or resolution times unless separately agreed through a written service level agreement.
36. Beta Features
From time to time, Yieldly may provide access to beta, trial, experimental, or pre-release features. Such features are provided on an “as is” basis and may be modified or removed at any time without notice.
37. Export of Data
Upon written request prior to termination, Yieldly may provide Users with a reasonable export of their available data in a standard electronic format, subject to technical feasibility and settlement of all outstanding amounts.
38. Compliance with Laws
Users agree to comply with all applicable laws and regulations relating to their use of the services, including labour laws, tax regulations, privacy legislation, employment obligations, and industry-specific requirements.
39. No Employment Relationship
Nothing contained in these Terms and Conditions creates any partnership, agency, employment, joint venture, or fiduciary relationship between Yieldly and the User.
40. Marketing Permission
Unless otherwise agreed in writing, Yieldly may identify the User as a customer of Yieldly for reasonable marketing and portfolio purposes.
41. Survival of Clauses
Any provisions of these Terms and Conditions which by their nature should survive termination, including but not limited to confidentiality, payment obligations, intellectual property protections, liability limitations, dispute resolution, and indemnities, shall remain in effect after termination or cancellation.
42. Disclaimers
Yieldly provides a service which is “as is” without warranties of any kind. We do not guarantee, and may not be held liable for:
- The accuracy of calculations;
- Prevention of theft or misuse of the systems by others (workers);
- Error-free operation.
The accuracy of your data displayed is your responsibility to verify. In the event where any of the above are suspected, Yieldly must be informed immediately. We take great care and pride in accuracy and will continue to do so.
Yieldly does not serve as professional advice and takes no responsibility should the use of the services be relied upon as such.
43. Contact
Clients can contact us via email, which will be made available upon communication through the online form on our website.