These Terms of Service ("Terms") govern access to and use of ComplexIT, a residential-complex and estate management platform. ComplexIT is a product of Harrier Technology Group (Pty) Ltd (Registration No. 2026802546) ("ComplexIT", "we", "us"). These Terms apply to every residential complex, estate, or similar body corporate/homeowners' association that signs up for ComplexIT (a "Complex") and to every individual who accesses the platform under a Complex's account, including complex administrators, trustees, security staff, owners, and residents (each a "User").

A Complex contracts with Harrier Technology Group (Pty) Ltd, the provider of ComplexIT, by accepting these Terms on its own behalf and, where relevant, represents that it has the authority to bind its trustees and staff to the obligations in these Terms that apply to a Complex. A User accepts these Terms individually, in their personal capacity, when they first log in to an account provisioned for them, and is responsible for their own compliance with the User obligations in these Terms; this doesn't make the Complex a guarantor of an individual User's conduct, nor does it relieve the Complex of its own obligations as the Complex.

Where a Complex has signed a separate order form or agreement with us ("Order Form"), see Section 5 and Section 16 for how that Order Form interacts with these Terms.

• A Complex's platform account is provisioned after it requests access through our website and we agree to onboard it. The Complex's first administrator account is set up by us; that administrator is then responsible for creating and managing all further accounts (trustees, security staff, owners, residents) for that Complex.
• A single person may hold a membership at more than one Complex at once (for example, an owner or investor with units at several complexes) — this is the normal case, not an exception.
• Each Complex's data is kept logically separate from every other Complex's data, and access controls are designed so that no Complex or its Users can access another Complex's records through the platform in the ordinary course of using it.
• Users are responsible for keeping their account and authentication details confidential and for all activity under their account. Tell us immediately at legal@complexit.co.za if you suspect unauthorised access.
• We may suspend or terminate an account that breaches these Terms, poses a security risk, or is used unlawfully.

You agree not to, and not to permit anyone else to:

• use ComplexIT for any unlawful purpose, or to store or transmit content that is defamatory, harassing, or infringes another person's rights;
• attempt to gain unauthorised access to any account, a Complex's data, or any part of the platform not made available to you;
• interfere with or disrupt the platform's operation, or attempt to reverse-engineer, scrape, or extract data at scale outside of the features we provide for that purpose;
• upload personal information you don't have the right or a lawful basis to process, including entering another person's personal information without an appropriate basis for doing so.

This section sets out how ComplexIT and a Complex each handle personal information processed through the platform, and is the basis for the more detailed provisions in our Privacy Policy.

4.1 The Complex as Responsible Party. For personal information a Complex enters into ComplexIT about its owners, residents, trustees, and staff (for example, unit records, contact details, and incident reports), the Complex is the "Responsible Party" under the Protection of Personal Information Act 4 of 2013 ("POPIA"): it decides what is collected and why. As Responsible Party, the Complex is responsible for:

• identifying and documenting an appropriate lawful basis for collecting and processing that information (this depends on the Complex's own circumstances and governing rules — for example, its sectional title or homeowners' association rules, or, in some cases, its legitimate interests — and is the Complex's responsibility to determine, not ours);
• the accuracy of the information it, or its trustees, staff, or Users, enter, including incident reports;
• informing owners, residents, and staff about how the Complex uses ComplexIT, consistent with the Complex's own privacy notice; and
• responding to access, correction, objection, or deletion requests it receives from its own owners, residents, or staff, using the tools ComplexIT provides (see our Privacy Policy for how we assist with this).

4.2 ComplexIT as Operator. ComplexIT processes the personal information described in 4.1 as an "Operator" on the Complex's behalf, and will:

• process that personal information only for the purposes of providing the platform and only on the Complex's documented instructions (which include the ordinary, intended use of the platform's features), unless otherwise required by law;
• keep that personal information confidential, and ensure our personnel and any subprocessors we use are bound by equivalent confidentiality obligations;
• apply appropriate technical and organisational security measures designed to protect that personal information against loss, unauthorised access, and unlawful processing, having regard to the nature of the information and the risks involved;
• notify the Complex without undue delay if we become aware of a security compromise that has affected, or may reasonably be suspected to have affected, personal information we process on the Complex's behalf;
• provide reasonable assistance to the Complex in responding to data subject requests and in meeting the Complex's other obligations as Responsible Party, to the extent this relates to information processed through the platform; and
• on termination, make the Complex's data available for export as described in Section 10, and thereafter delete or anonymise it in accordance with Section 10 and our Privacy Policy.

We may engage subprocessors to help provide the platform (for example, hosting and email-delivery providers), under confidentiality and security obligations consistent with this section. Our current subprocessors are listed in our Privacy Policy.

4.3 ComplexIT as Responsible Party. For personal information submitted to us directly and not on a Complex's behalf — for example, through a "Request access" form, or a Complex administrator's own account details when we first set up a Complex — we are the Responsible Party, and our Privacy Policy applies to that information directly.

Pricing is not fixed or published; it's agreed individually with each Complex and set out in that Complex's own signed Order Form. Where these Terms conflict with a Complex's signed Order Form, the Order Form controls for that Complex.

• Fees are invoiced and payable on the terms stated in the Order Form.
• Unless the Order Form says otherwise: fees already invoiced and paid are non-refundable, except where a refund is required by law or expressly agreed by us in writing.
• If we materially fail to provide the platform as agreed, the Complex's remedy is limited to a pro-rated credit or refund for the affected period, at our discretion, unless the Order Form provides for something else.
• We may suspend access if fees are significantly overdue, after giving reasonable written notice.

ComplexIT, its software, design, and branding are owned by us or our licensors. These Terms don't transfer any of that to a Complex or User; you get a limited right to use the platform as intended while your account is active.

A Complex retains ownership of the data it enters into ComplexIT (unit records, incidents, trustee records, and similar). We only use that data to provide the service, as described in our Privacy Policy and Section 4 above.

We respect intellectual property rights and expect Complexes and Users to do the same. A Complex or User may upload content to ComplexIT (for example, incident photos, compliance certificates, or other documents) only where they have the right to do so — see Section 3 (Acceptable use).

If you believe content uploaded to ComplexIT infringes your copyright, send a written notice to legal@complexit.co.za identifying: (a) the copyrighted work you claim is infringed; (b) the specific content on ComplexIT you believe infringes it, with enough detail for us to locate it; (c) your contact details; and (d) a statement that you have a good-faith belief the use isn't authorised by the copyright owner, its agent, or the law, and that the information in your notice is accurate.

On receiving a valid notice, we will review it and may remove or disable access to the content while we investigate, and may notify the Complex or User who uploaded it and give them an opportunity to respond. We may suspend or terminate the account of a Complex or User who repeatedly infringes others' intellectual property rights.

We aim to keep ComplexIT available and to fix problems promptly, but the platform is provided without a guaranteed uptime commitment at this stage. We may need to take the platform offline for maintenance from time to time; where practical, we'll try to do this with advance notice.

We take reasonable steps to back up platform data as part of operating the service, but backups are an operational safeguard, not a substitute for a Complex keeping its own copies of information that matters to it, and we don't guarantee against all possible data loss.

ComplexIT is provided "as is". To the fullest extent the law allows, we disclaim warranties of any kind, express or implied, including that the platform will be uninterrupted, error-free, or fit for a particular purpose beyond what we've agreed in writing. ComplexIT is a record-keeping and communication tool, not a security service: we don't monitor incidents in real time and we don't dispatch a physical response.

Neither party excludes liability for something the law doesn't allow us to exclude (for example, liability for fraud, or gross negligence causing harm to a person). Subject to that, our total liability to a Complex arising from these Terms is limited to the fees that Complex paid us in the twelve (12) months before the claim arose. Neither party is liable for indirect or consequential loss.

• These Terms apply for as long as a Complex or User has an active ComplexIT account.
• A Complex may stop using ComplexIT at any time; fees already due remain payable per the Order Form.
• We may terminate a Complex's access for material breach of these Terms that isn't fixed within a reasonable period after we notify them.
• On termination, a Complex may request an export of its data within a reasonable period after termination. After that period, we will delete or anonymise the Complex's data, except where we're required to keep it for longer (for example, financial or incident records we're obliged to retain), or as otherwise agreed. Data may persist for a limited additional time in encrypted backups until it is overwritten in the ordinary course of our backup cycle; we don't actively restore or use data from backups once it has been deleted from the live platform.

Each party may receive information about the other that isn't public (for example, details of how a Complex operates, or aspects of how ComplexIT's platform works). Each party agrees to use the other's confidential information only to perform its obligations under these Terms, and not to disclose it except to personnel, contractors, or subprocessors who need it for that purpose, or as required by law. This section doesn't limit a Complex's own rights over the data described in Section 6.

A Complex agrees to indemnify us against reasonable losses we suffer as a result of a Complex's, or its Users', unlawful use of the platform, or material breach of these Terms, except to the extent caused by our own breach of these Terms or negligence.

Neither party is liable for a failure or delay in performing its obligations (other than payment obligations) caused by circumstances beyond its reasonable control, including load-shedding, internet or telecommunications failures, natural disasters, or actions of government or third-party service providers.

We may update these Terms from time to time, for example as the platform's features change. For material changes, we'll give Complexes reasonable advance notice (for example, by email to the Complex's administrator). Continuing to use ComplexIT after a change takes effect means you accept the updated Terms.

Notices to us under these Terms should be sent to legal@complexit.co.za. We'll send notices to a Complex using the contact details its administrator has provided.

• Entire agreement. These Terms, together with any Order Form and our Privacy Policy, are the entire agreement between a Complex and us regarding the platform, and replace any prior discussions or agreements on the subject. Where there's a conflict, the Order Form controls, then these Terms, then the Privacy Policy, unless expressly stated otherwise.
• Severability. If any provision of these Terms is found unenforceable, the rest continue in force, and the unenforceable provision will be read down to the minimum extent needed to make it enforceable.
• Assignment. A Complex may not assign or transfer its rights under these Terms without our consent, which we won't unreasonably withhold (for example, on a sale of the Complex's underlying property scheme). We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our business, provided the assignee agrees to be bound by them.
• Governing law. These Terms are governed by the laws of the Republic of South Africa, and the South African courts have exclusive jurisdiction over any dispute arising from them.

Questions about these Terms can be sent to legal@complexit.co.za.