TERMS OF USE

INTRODUCTION

These Terms of Use ("Terms") govern the use of the EstateIQ services provided by Carrington Consulting (Pty) Ltd ("Carrington Consulting", "we", "us", "our"). EstateIQ is a division of Carrington Consulting that offers software-as-a-service (SaaS) solutions tailored for estate governance and communication. By subscribing to or using any EstateIQ services, you("Client", "you", "your") confirm that you have read, understood, and agree to be bound by these Terms. Carrington Consulting reserves the right to modify these Terms. Updated versions will be published on our website and are effective upon posting.

DEFINITIONS AND INTERPRETATION

• "Business Day" means any day excluding weekends and public holidays in the Republic of South Africa.
• "Client" refers to the body corporate, trustee, estate manager, managing agent, or other authorised user engaging with EstateIQ.
• "EstateIQ Services" means all products and services provided under the EstateIQ brand, including, but not limited to, the EstateIQ AI Team and the EstateIQ Portal.

• "Subscription" refers to the monthly or annual licence to access EstateIQ Services.
• "Written" or "in writing" includes electronic communication.

Words importing the singular include the plural and vice versa; references to a person include legal entities.

DURATION AND TERMINATION

These Terms apply from the start of a Subscription and continue until terminated.

• Either party may terminate a Subscription by providing written notice. Termination is effective at the end of the current billing cycle.
• No refunds or pro-rata credits for unused time unless otherwise required by law.
• We may suspend or terminate for breach, non-payment, or misuse, following written notice and a 5 Business Day remedy period.

SERVICES, PAYMENT TERMS AND REFUND POLICY

WARRANTIES AND CLIENT OBLIGATIONS

Clients warrant that:

• They have authority to accept these Terms.
• They will provide accurate information and act in good faith.
• They will not use the services for unlawful purposes.

INTELLECTUALPROPERTY RIGHTS

All content, features, and intellectual property associated with EstateIQ are owned exclusively by Carrington Consulting. No licence is granted to use trade marks, software, or materials except as necessary to use the services.

DATA PROTECTION AND PRIVACY

Carrington Consulting processes personal information in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA). We act as a Responsible Party or Operator as applicable under POPIA.

• EstateIQ uses third-party platforms (e.g., OpenAI) for service delivery.
• Data may be processed outside South Africa subject to appropriate safeguards.
• Clients must ensure their users consent to data processing as required.

Your use of the EstateIQ platform is also subject to our Privacy Notice, which explains how we collect, use, and protect your personal data.

ACCEPTABLE USE

Clients may not:

• Use services in breach of law or to upload unlawful content.
• Circumvent security and confidentiality features.
• Resell services without express agreement or share access with individuals or entities not covered under the original estate subscription agreement. EstateIQ services are licensed per estate, and may only be used by members of the subscribing estate.

COMMUNICATION AND MARKETING

Clients may opt in to receive newsletters and product updates. Unsubscribe links are included in all marketing related communications.

LIMITATION OF LIABILITY AND INDEMNITY

Carrington Consulting provides services with reasonable skill and care but does not guarantee uninterrupted availability.

• No liability for indirect, incidental, or consequential damages.
• Clients indemnify Carrington Consulting against claims arising from misuse or breach of these Terms.

FORCE MAJEURE

Carrington Consulting is not liable for failure or delay due to acts beyond our control, including but not limited to natural disasters, war, pandemics, or regulatory changes.

BREACH AND REMEDIES

On breach, Carrington Consulting may suspend services or seek legal remedies if the Client fails to rectify the breach within 5 Business Days of written notice.

DISPUTE RESOLUTION

Disputes may be referred to a South African court or resolved through arbitration administered by the Arbitration Foundation of Southern Africa (AFSA).

NOTICES

All notices must be in writing and delivered via email during business hours. Notices sent after hours are deemed received on the next Business Day.

GENERAL

• These Terms supersede prior agreements.
• Carrington Consulting may amend these Terms by publishing an updated version on the EstateIQ website. Continued use of the services after such publication constitutes acceptance of the revised Terms.
• Clients may not assign rights without consent.

• Terms are binding on successors and assigns.
• Invalid provisions are severable.

• Governing law: Republic of South Africa.

MANAGING AGENTS AND PARTNERS

Separate agreements may govern reseller or partnership arrangements with managing agents or estate service providers. These Terms apply to end users unless expressly superseded.

ENQUIRIES

For enquiries, contact: legal@estateiq.co.za