Terms of Service

These Terms of Service are a contract between you and Clyral Creative Studio cc, a company with its principle place of business at Torino Court, Block A, Top floor, 4 Crooked Lane, Hillcrest, South Africa ("Clyral").

Clyral operates and owns Mobenzi.com/Researcher and researchconsole.com ("Mobenzi Researcher Site"), all sub domains, and the Mobenzi Researcher mobile application ("Mobenzi Researcher Application"), collectively the "Product/Service". By using the Product/Service and any services accessible from the Product/Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

1. Description of Product/Service

Mobenzi Researcher consists of web-based, "Software-as-a-service" ("SaaS") application(s) and mobile application components. Electronic surveys may be designed using the web-based application and assigned to fieldworkers who access these surveys via the Mobenzi Researcher mobile application ("mobile application") installed on a compatible mobile phone. Completed surveys ("submissions") may be uploaded from the mobile application and accessed for review, reporting and analysis purposes via the web interface. Adjacent, complementary services are also provided, where available.

By making use of the Product/Service or accessing any of it's functionality or the data contain within it, you understand and agree that the Product/Service is provided on an AS IS and AS AVAILABLE basis. Clyral disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Product/Service. Clyral also reserves the right to modify, suspend or discontinue the Product/Service with or without notice at any time and without any liability to you.

2. BETA Software

You expressly acknowledge that components of the Product/Service are in BETA testing. There may be software bugs, omissions, incomplete features, substandard features, untested code and other errors (collectively "Unresolved Issues"), some known to Clyral and others unknown which may affect the performance of the Product/Service. Clyral makes no warranties as to the nature, impact, cause or effect of such Unresolved Issues. The date of promotion of the Product/Service to Production software status will be at Clyral’s sole discretion.

3. Your Research Console (Account)

In order to register an account "Research Console" on the Mobenzi Researcher Site or make use of the Product/Service directly or indirectly, you must (i) agree to these Terms of Service, (ii) provide any other information required by Clyral for the creation and/or maintenance of your Research Console. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your Research Console and the passwords of the user accounts which fall under your account. Clyral cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post or collect on or using the Product/Service and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable or sensitive information submitted by you or one of your fieldworkers shall be subject to the Mobenzi Researcher Privacy Policy.

4. Credit

To make use of the Product/Service, you will be required to purchase Response Credits. Response Credit purchases will be performed on a pre-paid basis only, except where, at Clyral's sole discretion, post-paid billing will be employed. Response Credits are valid for up to 24 months from date of purchase. During your use of Product/Service, you will design and deploy various surveys. By using the Product/Service to receive and conduct surveys (completed surveys are referred to as "Submissions") Response Credits are consumed. Upon receipt of a Submission, a corresponding number of Response Credits will be deducted from your Response Credit balance based on the number of responses contained and the amount of data transferred. If your Response Credit balance reaches zero, Clyral may, at its sole discretion, suspend the Product/Service until such time as you have purchased sufficient Response Credits. The cost per Response Credit will be confirmed by way of official invoice or quotation. It is your sole responsibility to ensure that those who have access to your Research Console or Account, either directly or via any component of the Product/Service (including but not limited to the mobile application) understand the cost implications of their actions when designing or performing Interactions or any other use of the Product/Service.

5. Technical Support

All technical support queries must be initiated via email. Only emails directed to support [at] mobileresearcher.com or initiated via your Research Console will be responded to. All reasonable efforts will be used to respond to any queries within 1 business day.

For every 10,000 Response Credits purchased, half an hour of support time will accrue to a maximum of 50 hours per invoice. A code will be issued against which time spent on support requests can be redeemed. Each support code is valid for up to 24 months from issue.

Support queries must state the support code to be used (specified on the invoice issued for the corresponding Response Credit purchase). Should you not have sufficient support budget available, our support team will be unable to process your request.

6. Device Compatibility

The official list of supported devices is available on the Mobenzi Researcher website. This list is subject to change without notice. Device support is theoretical based on specifications provided by manufacturers and other third parties. Due to the large number of phone configuration combinations and network operator dynamics, device support cannot be guaranteed, even if the device appears on the official list. You are encouraged to test compatibility prior to using the Product/Service in production or commercial environments.

7. Browser Compatibility

The officially supported web browsers are Google Chrome 7+, Microsoft Internet Explorer 7+ and Mozilla Firefox 3.0+.

8. Feedback

In the course of using the Product/Service, you may provide Clyral with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Product/Service (collectively "Feedback"). You hereby grant Clyral a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

9. Payments and Refunds

There will be no refunds for partially used Credits, upgrades or downgrades (where applicable) or cancellation of the Product/Service. Should Clyral decide to permanently terminate the Product/Service in its entirety, a refund will be issued for unused Usage credits. Purchases made for airtime or Message Credits are strictly non-refundable. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Product/Service and payments made by you herein.

10. Supported Geographic Markets

Mobile connectivity using Mobenzi Researcher has been confirmed in multiple locations. While the Product/Service may function or be available for other countries, the full service offering is intended for the Republic of South Africa only. Please contact support regarding other countries or territories.

11. Representations and Warranties

Should you register an account on your organisation's behalf, you must be legally permitted to do so. You must provide the legal name of your organisation, your name, a valid email address, and any other information requested in order to complete the creation of your Research Console.

12. Intellectual Property Rights

All components of the Product/Service, including, but not limited to trademarks, logos, the web-based interface, graphics, code, training material, mobile application and any other programs are protected by copyright law and international treaties. Unauthorised reproduction or distribution of the Product/Service, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. You acknowledge that Clyral owns all right, title and interest in and to the Product/Service, including without limitation all intellectual property rights, and such rights are protected by South African and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Product/Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Product/Service. These rights include rights to (i) the Product/Service developed and provided by Clyral; and (ii) all software associated with the Product/Service.

13. Cancellation and Termination

You are solely responsible for properly cancelling your account. Cancellation requests may be issued to support. A confirmation email will be sent to the administrator or account owner of your account. All of your Content will be immediately deleted from the Product/Service upon cancellation. This information cannot be recovered once your account is cancelled. Clyral, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Product/Service, for any reason at any time. Such termination of the Product/Service will result in the deactivation or deletion of your Account and Research Console or your access to your Account and Research Console, and the forfeiture and relinquishment of all Content in your Account and Research Console. Clyral reserves the right to refuse service to anyone for any reason at any time.

14. Modifications to the Product/Service and Prices

Clyral reserves the right at any time and from time to time to modify or temporarily discontinue the Product/Service (or any part thereof) with or without notice. Clyral additionally reserves the right to permanently discontinue the service. In the event that the service will be permanently discontinued, Clyral will advise the client of such action via email and/or the Mobenzi Researcher Site and/or the product itself at least 60 days prior to discontinuation to give an opportunity to export any stored data prior to discontinuation. Any unused credit remaining for the client's account when the service is discontinued will be refunded.

Prices of all Products/Services, including but not limited to monthly subscription plan fees (if applicable) to the Product/Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Mobenzi Researcher Site, the Product/Service itself or via email communication. Clyral shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Product/Service. Additionally, you expressly acknowledge that during BETA testing, you may have received significantly discounted pricing which provides no indication on future pricing once the Product/Service is promoted to full production.

15. Discontinuation due to non-activity

Clyral reserves the right to discontinue, suspend and/or remove a client's Research Console and any related Product/Service(s) and/or data, should the client not use or purchase or use a minimum of 10,000 Response Credits during a rolling 6 month cycle. The client will be advised of such action via email at least 30 days prior to discontinuation and given an opportunity to either purchase the minimum Response Credits, or export any stored data prior to discontinuation.

16. Fair usage policy

Clyral reserves the right to throttle or reject API calls and/or web requests should such actions place unreasonable strain on the Product/Service. This may include rejecting repeated API requests for large data exports from the same dataset or other queries which are otherwise unnecessarily resource intensive.

17. General Conditions

Your use of the Product/Service is at your sole risk. Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours. You understand that Clyral uses third party vendors, network operators and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Product/Service. You must not attempt to or modify, adapt, reverse engineer or hack the Product/Service or modify another website so as to falsely imply that it is associated with the Product/Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product/Service, use of the Product/Service, or access to the Product/Service without the express written permission by Clyral. We may, but have no obligation to, remove Content, Accounts and Research Consoles containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms. You must not upload, post, host, or transmit unsolicited surveys, email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature.

18. Additional Costs

You acknowledge and accept that the use of the Mobenzi Researcher system may incur additional costs to you or users related to your Account. These costs include, but are not limited to, data transfer charges rendered by your Internet Service Provider (ISP) whilst accessing the Product/Service, data transfer and communication costs rendered by your Mobile Network Service Provider whilst uploading or downloading content to or from the system.

19. Indemnification

You agree to hold harmless and indemnify Clyral, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Product/Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Clyral will provide you with written notice of such claim, suit or action.

20. Disclaimer of Warranties

THE PRODUCTS/SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE Mobenzi Researcher SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. CLYRAL AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CLYRAL AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. CLYRAL DOES NOT WARRANT THAT (I) THE PRODUCT/SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCT/SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE Mobenzi Researcher SITE WILL BE CORRECTED. CLYRAL AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. CLYRAL AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CLYRAL SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Mobenzi Researcher SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SURVEYS AND CONTENT ON THE Mobenzi Researcher SITE AND THE PRODUCT/SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

21. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CLYRAL OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE PRODUCT/SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CLYRAL OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCT/SERVICE, FROM INABILITY TO USE THE PRODUCT/SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCT/SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCT/SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CLYRAL SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall Clyral or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, network failures, device failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

22. Choice of Law; Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Product/Service will be brought solely in KwaZulu-Natal, South Africa, and you consent to the jurisdiction of such courts.

23. Amendments to these Terms of Service

We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) these Terms of Service at any time and from time to time, without prior notification to you. Any such amendments shall come into effect immediately and automatically. You undertake to review these Terms of Service prior to using the Produce/Service for any such changes. For convenience only, the date on which these Terms of Service were last amended is shown below the main heading of these Terms of Service.