Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Walkabout platform, including the web application at walkabout.work and the Walkabout mobile application (collectively, the "Service"), operated by Walkabout Software (Pty) Ltd ("Walkabout", "we", "us", or "our"), a company registered in the Republic of South Africa.

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

1. Definitions

• "Client" means an organisation that has entered into a subscription or licence agreement with Walkabout.
• "User" means any individual granted access to the Service by a Client or by Walkabout directly.
• "Content" means all data, text, images, documents, and other materials uploaded to or generated within the Service.
• "Personal Information" has the meaning given in the Protection of Personal Information Act 4 of 2013 (POPIA) and, where applicable, the EU General Data Protection Regulation (GDPR).

2. Eligibility & Account Registration

1. You must be at least 18 years of age or the age of majority in your jurisdiction.
2. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
3. You must provide accurate and current information when registering and keep it up to date.
4. Walkabout reserves the right to suspend or terminate accounts that violate these Terms.

3. Licence & Permitted Use

1. Subject to these Terms, Walkabout grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your organisation's internal business purposes.
2. You may not:
   • Copy, modify, distribute, sell, or lease any part of the Service;
   • Reverse-engineer or attempt to extract the source code;
   • Use the Service for any unlawful purpose or to transmit harmful code;
   • Circumvent or interfere with security features of the Service;
   • Use automated means (bots, scrapers) to access the Service without written consent.

4. Client Data & Intellectual Property

1. You (or your Client) retain all ownership rights in Content uploaded to the Service.
2. You grant Walkabout a limited licence to host, process, and display Content solely to provide and improve the Service.
3. Walkabout retains all rights in the Service itself, including software, design, trademarks, and documentation.
4. Feedback and suggestions you provide may be used by Walkabout without obligation.

5. Fees & Payment

1. Fees are set out in the applicable subscription or licence agreement between Walkabout and the Client.
2. All fees are quoted exclusive of VAT unless stated otherwise, and are payable in South African Rand (ZAR) unless an alternative currency is agreed in writing.
3. Walkabout may adjust fees on 30 days' written notice, effective from the next billing cycle.
4. Overdue amounts accrue interest at the rate prescribed by the National Credit Act 34 of 2005, or 2 % per month, whichever is lower.

6. Service Availability & Support

1. Walkabout targets 99.5 % uptime measured monthly, excluding scheduled maintenance.
2. Scheduled maintenance windows will be communicated at least 48 hours in advance.
3. Support is provided via email during South African business hours (08:00 – 17:00 SAST, Monday – Friday, excluding public holidays).
4. Walkabout does not warrant that the Service will be uninterrupted or error-free.

7. Data Protection & Privacy

1. Walkabout processes Personal Information in accordance with:
   • The Protection of Personal Information Act 4 of 2013 (POPIA) of South Africa;
   • The General Data Protection Regulation (EU) 2016/679 (GDPR) where applicable;
   • Any other applicable data protection laws in the jurisdictions where Users are located.
2. Our processing activities are detailed in our Privacy Policy.
3. Where Walkabout processes Personal Information on behalf of a Client (as a "processor" / "operator"), a Data Processing Agreement will be entered into on request.
4. Data is stored in the European Union (Ireland, eu-west-1 region) on infrastructure provided by Supabase / Amazon Web Services. Sub-processors are listed in the Privacy Policy.

8. Acceptable Use

You agree not to:

• Upload Content that is unlawful, defamatory, infringing, or harmful;
• Impersonate another person or entity;
• Attempt to gain unauthorised access to any part of the Service or its infrastructure;
• Introduce viruses, malware, or any other disruptive technology;
• Use the Service in a manner that could damage, overburden, or impair its operation.

9. Confidentiality

1. Each party agrees to keep confidential any non-public information disclosed by the other party.
2. This obligation survives termination for a period of three (3) years.
3. Confidential information does not include information that is publicly available, independently developed, or lawfully received from a third party.

10. Limitation of Liability

1. To the maximum extent permitted by law, Walkabout's total aggregate liability for any claims arising out of or related to the Service is limited to the fees paid by the Client in the twelve (12) months preceding the claim.
2. Walkabout shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
3. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for fraud, gross negligence, or death or personal injury caused by negligence.

11. Indemnification

You agree to indemnify and hold harmless Walkabout, its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from your use of the Service or breach of these Terms.

12. Term & Termination

1. These Terms remain in effect for as long as you use the Service.
2. Either party may terminate by giving 30 days' written notice.
3. Walkabout may suspend or terminate access immediately for material breach, non-payment, or conduct that threatens the security of the Service.
4. On termination, your right to use the Service ceases. Walkabout will make Client data available for export for 30 days after termination, after which it may be deleted.
5. Sections on Intellectual Property, Limitation of Liability, Indemnification, Confidentiality, and Governing Law survive termination.

13. Modifications to Terms

1. Walkabout may update these Terms from time to time. Material changes will be notified via the Service or by email at least 14 days before they take effect.
2. Continued use of the Service after changes take effect constitutes acceptance.

14. Governing Law & Dispute Resolution

1. These Terms are governed by the laws of the Republic of South Africa.
2. Any dispute shall first be submitted to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
3. If mediation fails within 30 days, the dispute shall be finally resolved by arbitration under AFSA rules, held in Johannesburg, South Africa.
4. Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
5. For Users in the European Union, nothing in these Terms affects your statutory rights under EU consumer protection laws.

15. General

• Entire Agreement: These Terms, together with the Privacy Policy and any subscription agreement, constitute the entire agreement between the parties.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce a right does not constitute a waiver.
• Assignment: You may not assign your rights under these Terms without Walkabout's written consent. Walkabout may assign its rights in connection with a merger or acquisition.
• Force Majeure: Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, war, pandemic, or infrastructure failure.

16. Contact

For questions about these Terms, please contact us at:

• Email: legal@walkabout.work
• Walkabout Software (Pty) Ltd, South Africa