OPSEN & HRify Platform Terms of Use

These are the Platform Terms of Use of TJ Software Solutions (Pty) Ltd. One document covers both of the company's platforms, HRify and OPSEN, which is why it mentions both. It is the same document, word for word, that the company publishes at tjsoftwaresolutions.co.za/platform-terms-of-use.

1. Introduction

Welcome to OPSEN and HRify, proprietary software platforms developed and operated by TJ Software Solutions (Pty) Ltd ("TJ Software Solutions", "Company", "we", "our", or "us"). These Terms of Use govern access to and use of OPSEN, HRify, associated mobile applications, web applications, portals, APIs, integrations, and related services (collectively referred to as the "Platforms"). By accessing or using the Platforms, you agree to comply with these Terms.

2. Agreement Composition

This Agreement consists of:

• These Terms of Use
• Any accepted proposal or quotation
• Subscription agreements
• Service level agreements (where applicable)
• Additional written agreements entered into between the parties

3. Platform Services

OPSEN provides operational management functionality, including but not limited to:

• Fleet Management
• Driver Management
• Trip Management
• Scheduling
• Approvals
• Ticketing
• Reporting
• KPI Management
• Workflow Management

HRify provides HR, payroll and workforce management functionality across twenty-one modules, including but not limited to:

• Employee Records, Org Chart and Employee Self-Service
• Leave, Timesheets and Claims
• Payroll and SARS Statutory Reporting
• Industrial Relations and Incident Reporting
• Recruitment, Onboarding and Learning
• Performance, Compensation, Benefits and Succession
• Projects, Clients and Invoicing
• Documents, Assets, Policies and Calendar
• Engagement and Workforce Analytics

4. Trial Access

TJ Software Solutions may provide complimentary trial periods. These programmes are designed to allow prospective customers to evaluate platform suitability before committing to a subscription. Unless otherwise agreed in writing:

• Trial access is limited to the agreed evaluation period.
• Customers retain ownership of their data.
• Platform functionality may be restricted during evaluation periods.
• TJ Software Solutions may terminate trial access at its discretion.

4A. Cancelling a New Subscription (Individuals Only)

If you are an individual, including a sole proprietor contracting in your own name, and you subscribed online or by email without meeting us in person, section 44 of the Electronic Communications and Transactions Act, 2002 gives you seven days to cancel without giving a reason and without penalty. We refund you in full within 30 days.

This right falls away once we have switched the Platform on at your request inside those seven days, because section 42(2)(d) of that Act excludes services that began with your consent before the seven days ended. We will always say so in writing and ask you to confirm before we enable your account.

The right does not apply if you are a company, close corporation, trust or partnership, because the Act gives it only to natural persons. Evaluation periods are not affected: you can walk away from one at any time.

5. Account Registration & Security

Users may be required to create accounts to access the Platforms. Users are responsible for:

• Maintaining password confidentiality
• Protecting OTP authentication credentials
• Restricting unauthorised access
• Reporting security incidents immediately

Users may not:

• Share accounts
• Access another user's account
• Attempt to bypass authentication mechanisms

6. User Roles & Permissions

The Platforms support role-based access controls. Administrators may assign permissions to users based on operational requirements. TJ Software Solutions is not responsible for permissions assigned by customer administrators.

6A. Location Tracking and Monitoring (OPSEN)

OPSEN collects the location of a driver's device continuously while a trip is active, and records a single location reading when a fuel transaction is captured. Where you enable customer tracking, OPSEN generates a temporary link that shares a driver's live trip location with a person you nominate, and that link expires shortly after the trip ends. Our Privacy Policy sets this out in full.

Because you are the responsible party for your drivers' information, you must:

• tell your drivers, before you enable tracking, what is collected, when, why and who can see it, as section 18 of POPIA requires;
• have a lawful basis for monitoring them, usually your employment contract, a written monitoring policy or their consent;
• decide for yourself whether to enable customer tracking links, and tell your drivers if you do; and
• handle any objection, grievance or dispute a driver raises about being tracked.

You indemnify us against any claim by a driver, employee or regulator arising from your failure to do these things. We indemnify you against any claim arising from our collecting or sharing location data otherwise than as the Platform is designed to and as you have configured it.

7. Subscription Plans & Billing

Platform access may be provided on:

• Monthly subscriptions
• Annual subscriptions
• Enterprise agreements

Subscription fees are billed in advance, in South African Rand.

VAT. Our fees exclude VAT. If we are registered as a VAT vendor when we invoice, VAT is added at the rate in force and shown on the invoice. We will give you at least 30 days' written notice before VAT first appears on your invoices.

Price changes. We may change our fees once in any 12-month period, on at least 60 days' written notice. If you do not accept the new price, you may end your subscription before it takes effect and we will refund the unused portion of anything paid in advance.

Refunds. Fees already paid are not refundable, except where these Terms or the law say otherwise, including where you cancel under section 4A, where we increase the price, where we change these Terms materially, where we are in material breach, or where the Consumer Protection Act gives you a right to a refund.

Term and renewal. Monthly subscriptions continue until either of us gives notice. Annual subscriptions renew for a further 12 months unless you tell us otherwise, and we will email you between 40 and 80 business days before the renewal date to remind you and to tell you of any change in terms.

Late payment. If an invoice is unpaid 14 days after its due date we may charge interest at the rate prescribed under the Prescribed Rate of Interest Act, 1975, and we may suspend access on the notice set out in section 20.

8. Data Ownership

Customers retain ownership of all data entered into OPSEN and HRify. This includes but is not limited to:

• Employee data
• Driver data
• Fleet data
• Customer data
• Operational records
• Reports
• Uploaded documentation

TJ Software Solutions does not claim ownership of customer data.

9. Data Security & Protection

TJ Software Solutions implements reasonable technical and organisational measures to protect data. Security measures may include:

• OTP Authentication
• Role-Based Permissions
• Encryption
• Audit Logging
• Access Controls
• Monitoring

Platform services are hosted on infrastructure provided by Fly.io and Cloudflare, with data stored in MongoDB Atlas and Amazon Web Services.

10. Processing Personal Information on Your Behalf

Where TJ Software Solutions processes personal information contained in your data, such as employee, driver or client records, it does so as an operator on your behalf. You remain the responsible party for that information. This section records the terms required by sections 20 and 21 of the Protection of Personal Information Act.

• We process personal information only on your documented instructions, which include your use of the Platforms and any written instruction you give us, unless the law requires otherwise. The one exception is aggregated, de-identified usage statistics, which we use to improve and secure the Platforms and which cannot be linked back to you or to any individual.
• We treat that information as confidential and do not disclose it except as required to provide the Platforms or by law. Our personnel are bound by confidentiality obligations.
• We maintain appropriate technical and organisational safeguards as described in section 9.
• Where we engage another operator to assist in providing the Platforms, we remain responsible for that operator and bind it to obligations no less protective than these. The providers currently engaged are named in section 9 and in our Privacy Policy.
• Where there are reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person, we notify you immediately, as section 21(2) of POPIA requires, and in any event within 24 hours of becoming aware of it. We give you the information you reasonably need to make your own notification to the Information Regulator and to the people affected, and we keep you updated as we learn more.
• We assist you, so far as is reasonable, in responding to requests from data subjects and to enquiries from the Information Regulator.
• On termination you may export your data from the Platforms. On written request within 30 days of termination we will provide an export in a commonly used format. After that period, and subject to any retention that the law requires of us, we delete or anonymise your data.

11. Confidentiality

What is confidential. Any non-public information one of us gives the other in connection with this agreement, whether marked confidential or not, that a reasonable person would understand to be confidential. It includes your business and operational data, and our source code, architecture and pricing.

What is not. Information that is already public without anyone's fault, that the receiving party already had without a duty of confidence, that it develops independently, or that it lawfully receives from someone else who is free to share it.

What we each agree to do. Use the other's confidential information only to perform this agreement, keep it safe with at least the care we use for our own, and share it only with our own people and advisers who need it and are under equivalent obligations.

When disclosure is required by law. Either of us may disclose confidential information where a court, a regulator or the law requires it. We will tell the other beforehand where we lawfully can, so they have a chance to object.

How long it lasts. These obligations survive termination for five years. Information that is personal information under POPIA, and anything protected as a trade secret, stays protected for as long as the law protects it.

12. Acceptable Use

Users may not:

• Upload malicious software
• Attempt unauthorised access
• Interfere with platform operations
• Reverse engineer platform functionality
• Use the Platforms unlawfully

13. Integrations & Third-Party Services

The Platforms rely on third-party providers, and further integrations may be scoped and built as a separate project. These may include:

• Accounting Systems
• Payroll Systems
• ERP Systems
• GPS Providers
• Communication Services

TJ Software Solutions is not responsible for failures, outages, or changes made by third-party providers.

13A. Otto, the AI Assistant

Otto is an optional add-on, charged separately. It is off until it is switched on for your organisation at your request, because enabling it means a limited amount of your information is sent to a third party for processing. Our Privacy Policy explains exactly what is and is not sent.

• Otto reads, it does not act. It cannot create, change, approve or delete anything.
• It answers only from what the person asking is already allowed to see.
• It can be wrong. Otto produces answers from your data in plain language, and those answers may be incomplete or incorrect. Check anything that matters against the underlying records before you act on it. Otto is not tax, legal, employment or financial advice, and section 17 applies to it in full.
• Your data is not used to train anyone's model. Our agreement with the provider prohibits it.
• Billing. Otto is charged as a monthly allowance of questions, as set out in your proposal. You can switch it off at any time, and we stop sending anything to the provider from that moment.
• We may change the provider. If we do, we will tell you in writing at least 30 days beforehand, and you may switch Otto off if you would rather not continue.

14. Service Availability

TJ Software Solutions strives to maintain reliable service availability. However, uninterrupted availability cannot be guaranteed. Scheduled maintenance, upgrades, infrastructure outages, and force majeure events may impact availability.

15. Intellectual Property

OPSEN, HRify, software code, branding, documentation, workflows, interfaces, and associated technology remain the exclusive property of TJ Software Solutions. No ownership rights are transferred to customers.

Your licence to use the Platforms. For as long as your subscription is current and your fees are paid, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platforms for your own internal business purposes, for the number of users, drivers and vehicles in your plan. You may not sublicense, resell or make the Platforms available to anyone outside your organisation, and you may not use them to provide a service to third parties, unless we agree in writing.

16. User Warranties & Indemnity

Users warrant that:

• They have the authority to enter into this agreement.
• Information provided to TJ Software Solutions is accurate and lawful.
• Their use of the Platforms will comply with applicable laws and regulations.
• They will not knowingly upload unlawful, malicious, or infringing content.

Users agree to indemnify and hold harmless TJ Software Solutions, its directors, employees, contractors, and affiliates against any claims, damages, liabilities, losses, costs, or expenses arising from:

• Breach of these Terms;
• Misuse of the Platforms;
• Violation of applicable laws;
• Infringement of third-party rights; or
• Unauthorised use of user accounts or credentials.

Our indemnity to you. We indemnify you against any third-party claim that the Platforms infringe that party's copyright, trade mark or patent in South Africa, provided you tell us promptly, let us run the defence, and do not settle without our agreement. If such a claim is made, we will at our option obtain the right for you to keep using the affected part, replace or modify it so that it no longer infringes, or refund what you paid for it. This does not cover anything caused by your own content, your instructions, your modifications, or your use of the Platforms with something we did not supply.

Each indemnity in this section is subject to section 18, except that the cap in section 18 does not apply to our indemnity above.

17. Payroll, Tax and Statutory Calculations

HRify calculates PAYE, UIF, SDL and ETI, and produces EMP201, EMP501, IRP5 and related statutory outputs. This section explains what that does and does not mean, because it matters.

What we are responsible for. We will keep the payroll engine aligned with the tax tables, rates and thresholds published by SARS, and with the BCEA, and we will correct any defect in our calculations that you report to us. If a calculation is wrong because our engine is wrong, that is ours to fix.

What you remain responsible for. You are the employer. You remain the party accountable to SARS, the Department of Employment and Labour and any other authority.

• Calculations are produced from the information you enter and the settings you configure, including salaries, tax directives, medical aid details, allowances, deductions and employee tax statuses. We cannot verify that this information is correct.
• You must review every payroll run, payslip and statutory return before you approve, pay or submit it. Approving a run is your confirmation that you have checked it.
• Filing returns, making payments and meeting deadlines remain yours.

This is not professional advice. TJ Software Solutions is not a registered tax practitioner, accountant, auditor or law firm, and nothing produced by the Platforms is tax, accounting, legal or payroll advice. HRify is a tool you use to run your payroll; it does not replace your accountant, tax practitioner or labour adviser, and you should keep using them.

Penalties and interest. We are not liable for penalties, interest or assessments that arise from information you entered, settings you chose, deadlines you missed, or a return you approved without checking. Where a penalty is caused by a defect in our calculation engine that you could not reasonably have detected, section 18 applies.

18. Limitation of Liability

This section limits what we owe you if something goes wrong. Please read it. It is written to be fair, and there are things we do not limit at all.

What we do not exclude. Nothing in this Agreement excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• gross negligence or wilful misconduct; or
• anything else that the law does not allow us to limit, including liability under section 61 of the Consumer Protection Act.

What we do not pay for. Subject to the above, we are not liable for indirect, consequential, incidental, special or punitive damages, or for loss of profit, revenue, business, goodwill, anticipated savings or data, however caused.

The cap. Subject to the above, our total liability to you for all claims arising in any twelve-month period, whether in contract, delict or otherwise, is limited to the subscription fees you actually paid us for the affected Platform in the twelve months before the event that gave rise to the claim.

Your side. The same exclusions and the same cap apply to any claim we bring against you, other than claims for fees you owe us and claims arising from your breach of section 12 or section 15.

Keep your own backups and insurance. We maintain the safeguards described in section 9, but you should keep your own exports of critical data and carry insurance appropriate to your business. Where a claim is covered by your insurance, you will look to that cover first.

19. Your Rights if the Consumer Protection Act Applies

The Consumer Protection Act 68 of 2008 applies to some of our customers and not others. It generally applies where you are a natural person, or a business whose asset value or annual turnover is below the threshold set by the Minister, which is currently R2 million.

If the Act applies to you, then:

• nothing in this Agreement takes away or reduces any right the Act gives you, and any term that conflicts with the Act does not apply to you to the extent of the conflict;
• the limitations in section 18, the indemnity in section 16 and the suspension and termination rights in section 20 are terms that limit our risk or impose an obligation or risk on you. We have set them out in plain language and in their own numbered sections so that they are drawn to your attention before you agree, as section 49 of the Act requires. If anything in them is unclear, ask us before you accept;
• you may cancel a fixed-term agreement early on 20 business days' written notice under section 14, and we may charge a reasonable cancellation penalty, which will never exceed the fees remaining for the unexpired term; and
• we will not rely on any term a court would regard as unfair, unreasonable or unjust under section 48.

If the Act does not apply to you, this Agreement applies as written.

20. Ending or Suspending Your Subscription

You may end your subscription at the end of any billing period by giving us written notice: 20 business days for a monthly subscription, 30 days for an annual one. If we are in material breach and have not fixed it within 14 days of you telling us about it, you may end the subscription immediately and we will refund the unused portion of anything you have paid in advance.

We may suspend access if fees are unpaid, if we identify a genuine security risk, if you breach these Terms materially, or if we detect illegal activity. Except where a security risk or illegal activity means we have to act immediately, we will tell you first and give you seven business days to put it right. We will always tell you in writing when we suspend, and why.

We may end your subscription if the breach is not fixed within 14 days of a written warning.

Whatever the reason your subscription ends, section 10 applies: you may export your data from the Platform, and we will provide an export in a commonly used format if you ask in writing within 30 days.

21. Governing Law

These Terms are governed by the laws of the Republic of South Africa, and the courts of South Africa have jurisdiction.

If something goes wrong between us, tell us first and we will try to resolve it with you directly. Nothing here stops you from complaining to the Information Regulator or any other body you are entitled to approach.

22. Changes to These Terms

We may change these Terms. How we do it depends on the change.

• Changes that do not affect your rights, such as fixing a typo, clarifying wording or reflecting a new feature, take effect when we publish them.
• Changes that do affect your rights or what you pay take effect only 30 days after we email you about them. If you do not want to accept them, tell us within those 30 days and you may end your subscription on the last day before they take effect, with a pro-rata refund of anything you have paid in advance for the period after that date.
• The date these Terms were last updated is shown at the top of this page, and we keep previous versions available on request.

We will not apply a change retrospectively to anything that happened before it took effect.

22A. General

• Whole agreement. These Terms, together with your proposal and any signed agreement between us, are the whole agreement. They replace anything said or written beforehand.
• If one part fails. If a court finds any part of these Terms unenforceable, the rest continues to apply and that part is read down to the least extent necessary.
• Not waiving our rights. If we do not enforce a term immediately, we do not lose the right to enforce it later.
• Transferring the agreement. You may not transfer your subscription to anyone else without our written agreement. We may transfer ours to a company that acquires our business, and we will tell you if that happens.
• Notices. Notices to you go to the email address on your account. Notices to us go to admin@tjsoftwaresolutions.co.za. An email is treated as received on the business day it was sent, unless it bounced.
• Events outside our control. Neither of us is liable for a failure caused by something genuinely beyond our control, such as a national power failure, an undersea cable break, war, or a government act. If it lasts more than 30 days, either of us may end the agreement and we refund the unused portion of anything paid in advance.
• No partnership. Nothing here makes us partners, or either of us the other's agent or employee.

23. Contact Information

TJ Software Solutions (Pty) Ltd
Company registration number: 2026/087392/07
Directors: Jaco van der Merwe, Tania van der Merwe
Street and postal address: 33 Sacharia Street, Centurion, 0152, Gauteng, South Africa
Telephone: 064 556 7711
Email: admin@tjsoftwaresolutions.co.za
Website: www.tjsoftwaresolutions.co.za