Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and Nexvintrix ("Company", "we", "us", "our"), governing your access to and use of Stintry, the software-as-a-service platform and application offered by Nexvintrix in connection with the co-owners Theunis Gerhardus Kerry and Nicolaas Jacobus Robbertse ("Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are agreeing on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

2. Description of Service

Stintry is a cloud-based inventory and retail operations platform that provides:

• Mobile barcode scanning and stock counting via supported Progressive Web App (PWA) browser flows on modern Android and iPhone devices
• Web-based admin dashboard for inventory management, role-based dashboard profiles, reporting, and data analytics
• Bin and warehouse management with multi-location support
• Stock transfer tracking, GRV / goods receipt workflows, and full audit trail
• Batch processing, label printing, and spot-count tools
• Operational calendar, stock ageing, dead-stock, and landed-cost analysis where enabled on your plan
• Optional SAP Business One integration
• Optional AI add-ons (visual search, background removal, near-duplicate detection) subject to plan and add-on purchase
• Multi-tenant deployment via Central Hub architecture

3. Subscription Plans & Billing

3.1 Plan Tiers

The Service is offered under the following subscription tiers (all prices VAT inclusive):

AI Add-ons (available on Basic, Pro & Enterprise, charged separately):

• AI Visual Search � R299/month
• AI Background Removal � R199/month
• AI Near-Duplicate Detection � R199/month
• Full AI Bundle � R499/month (saving R198)

3.2 Payment Terms

• Subscriptions are billed monthly in advance in South African Rands (ZAR)
• All listed prices are VAT inclusive unless otherwise stated
• Payment is due within 30 days of invoice date
• Late payments may incur interest at the rate of 2% per month on outstanding balances
• We reserve the right to suspend service for accounts more than 30 days overdue

3.3 Plan Changes

• Upgrades take effect immediately. The difference is prorated for the current billing period.
• Downgrades take effect at the start of the next billing period. You must reduce usage to within the new plan's limits before downgrading.
• Exceeding plan limits will result in restricted functionality until the limit is resolved (upgrade or data reduction).

4. Account Responsibilities

4.1 Account Security

You are responsible for:

• Maintaining the confidentiality of all account credentials
• All activity that occurs under your accounts
• Notifying us immediately of any unauthorised access or security breach
• Ensuring that your users follow reasonable password practices
• Enabling two-factor authentication (2FA) where available and appropriate

4.2 Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorised access to any part of the Service or its infrastructure
• Reverse-engineer, decompile, or disassemble the Service software
• Resell, sublicense, or redistribute the Service without written authorisation
• Use the Service to store or transmit malicious code, viruses, or harmful data
• Interfere with the Service's operation, performance, or security
• Exceed the API rate limits or attempt to overload the system
• Use automated tools to scrape, copy, or extract data from the Service beyond the API
• Upload content that infringes intellectual property rights of third parties

4.3 Administrator Obligations

The primary administrator of each instance is responsible for:

• Managing user accounts and access permissions
• Configuring appropriate security settings (2FA, password policies)
• Maintaining regular backups of inventory data
• Ensuring compliance with applicable data protection laws (POPIA, GDPR, etc.)
• Reviewing audit trail logs for suspicious activity

5. Data Ownership & Intellectual Property

5.1 Your Data

You retain full ownership of all data you upload, enter, or generate through the Service ("Customer Data"), including:

• Product information, stock counts, spot counts, transfers, and GRV records
• Product images, bin configurations, and purchasing / landed-cost inputs
• Dashboard profiles, calendar events, and report outputs generated in the Service
• Company branding materials (logos, names)
• User account data and audit trail entries

5.2 Our Intellectual Property

The Service, including its software, design, code, documentation, and all related intellectual property, remains the exclusive property of the application co-owners, Theunis Gerhardus Kerry and Nicolaas Jacobus Robbertse. Nexvintrix acts as the service operator for hosted and customer-facing service delivery. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

5.3 Feedback

Any feedback, suggestions, or improvement ideas you provide regarding the Service may be used by us without obligation or compensation to you.

6. Service Availability & Support

6.1 Uptime

• We aim for 99.5% uptime for cloud-hosted instances (excluding scheduled maintenance)
• Scheduled maintenance windows will be communicated in advance where possible
• We are not liable for downtime caused by: third-party hosting providers (Railway, Render), force majeure events, or customer actions

6.2 Support

6.3 Backups

• Automated backup functionality is available within the Service
• It is the Customer's responsibility to configure and verify backup schedules
• We recommend regular backups and testing of backup restoration
• Nexvintrix is not liable for data loss resulting from failure to maintain backups

7. Termination

7.1 By You

You may cancel your subscription at any time by:

• Contacting us via email at the address below
• Requesting cancellation through the Command Center (if applicable)

Cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.

7.2 By Us

We may suspend or terminate your access if:

• You breach these Terms or the Acceptable Use Policy
• Your account is more than 60 days past due on payment
• You engage in activity that threatens the security or performance of the Service
• Required by law or regulation

We will provide 30 days' written notice before termination where practicable, except in cases of security threats or legal requirements.

7.3 Effect of Termination

• Upon termination, you will have 30 days to export your data using the built-in export tools (CSV, backup download)
• After the 30-day grace period, your data may be permanently deleted
• Sections that survive termination: Data Ownership, Limitation of Liability, Indemnification, Governing Law

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory
• We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement
• We do not warrant that the Service will be uninterrupted, error-free, or completely secure
• Our total aggregate liability for any claims arising from or related to the Service shall not exceed the total fees paid by you in the 12 months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities

9. Indemnification

You agree to indemnify, defend, and hold harmless Nexvintrix, Theunis Gerhardus Kerry, Nicolaas Jacobus Robbertse, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any data you upload, store, or process through the Service

10. Third-Party Services

The Service integrates with third-party platforms:

• Railway / Render � Cloud hosting infrastructure (subject to their terms)
• SAP Business One � ERP integration (subject to SAP's terms)
• Google Fonts � Typography (subject to Google's privacy policy)

We are not responsible for the availability, accuracy, or practices of third-party services.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be communicated by:

• Updating the "Effective" date on this page
• Notifying administrators via email or in-app notification for material changes

Continued use of the Service after changes constitutes acceptance. If you disagree with any changes, you must discontinue use and cancel your subscription.

12. Governing Law & Disputes

• These Terms are governed by the laws of the Republic of South Africa
• Any disputes shall first be attempted to be resolved through good-faith negotiation
• If resolution cannot be reached within 30 days, disputes shall be submitted to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA)
• The arbitration shall be conducted in English in Gauteng, South Africa
• Nothing in these Terms limits either party's right to seek urgent interim relief from a court of competent jurisdiction

13. POPIA Compliance (South Africa)

In accordance with the Protection of Personal Information Act (POPIA):

• Nexvintrix acts as the Responsible Party for customer account data and as an Operator for Customer Data processed on your behalf
• We process personal information lawfully and only for the purposes disclosed in our Privacy Policy
• Data subjects may lodge complaints with the Information Regulator at www.justice.gov.za/inforeg
• Our Information Officer can be contacted at the email address below

14. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and the End User License Agreement (EULA), constitute the entire agreement between you and Nexvintrix regarding the Service
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force
• No Waiver: Failure to enforce any right or provision does not constitute a waiver of that right
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor in interest
• Force Majeure: Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, war, pandemic, power outages, internet disruptions)
• Notices: Legal notices must be sent in writing to the email address below

15. Contact Information

For questions, support, or legal inquiries regarding these Terms:

• Company: Nexvintrix
• Application Co-Owners: Theunis Gerhardus Kerry and Nicolaas Jacobus Robbertse
• Email: support@nexvintrix.co.za
• Information Officer: support@nexvintrix.co.za
• Application: Stintry v3.16.0