Terms of service

1. About these terms

EzeMind AI (Pty) Ltd (“EzeMind”, “we”, “us”) provides Ironcare, after-sales service software for machine and equipment dealers. These terms apply to the company that subscribes to Ironcare (“you”, “the customer”) and to everyone you give access to (“users”).

These terms, the operator agreement and your order or quote together make up our agreement. Where your order says something different, the order applies. Ironcare is for businesses: these terms are not a consumer agreement.

2. The service

Ironcare is hosted by us and used in a web browser at app.ironcare.io: cases and their clocks, work orders, handoffs, job cards, parts, quotes, documents, the client and machine register, and reports, in the parts your subscription includes.

We improve Ironcare all the time. We may change how features work, but we won’t take away a main part of what you pay for during a paid term without telling you first.

3. Accounts and access

Your administrators invite users and decide their roles, branches and which menu items they have. You are responsible for:

• the people you give access to, and what they do in Ironcare;
• keeping each password, and the mailbox that receives that person’s sign-in PINs, to the person they belong to, and ending access when someone leaves;
• telling us at info@ironcare.io as soon as you think someone got in who shouldn’t have.

We may suspend an account straight away if we believe it is being misused or puts the service or other customers at risk, and we tell you why.

4. Your data

Everything you put into Ironcare stays yours: your cases, records, documents and your clients’ details (“your data”). We use it only to provide Ironcare and the support you ask for, never for our own purposes, and we don’t sell it.

For personal information in your data, you are the responsible party under the Protection of Personal Information Act (POPIA) and we are your operator. The operator agreement sets out how we handle it and forms part of these terms.

You make sure you may put your data into Ironcare: for example that your clients have been told how you use their details, and have agreed where their agreement is needed.

5. Acceptable use

You and your users won’t:

• use Ironcare for anything unlawful, or store content you have no right to store;
• upload malicious files, or try to get around Ironcare’s security, limits or separation between companies;
• test Ironcare’s security, or load it with automated requests, without our written permission;
• copy, resell or rent out Ironcare, or try to rebuild its source code, except where the law allows it.

6. Security and availability

We protect Ironcare and your data with the measures described on our security page and in the operator agreement, and we keep them up to date.

We work to keep Ironcare available at all times, but we can’t promise it will never be interrupted. We announce planned maintenance in advance where we can. A service level applies only if your order includes one.

7. Support

Support is by email at info@ironcare.io, Monday to Friday, 08:00 to 17:00 South African time, unless your order says otherwise. Our staff look at your data only to give the support you ask for, and what they do in Ironcare is recorded in its audit trail.

8. Fees and payment

The fees, the billing period and the payment terms are in your order or quote. Fees are in rand and exclude VAT. Unless your order says otherwise, invoices are payable within 30 days.

If an invoice stays unpaid after we have reminded you in writing, we may suspend Ironcare until it is paid. We tell you about a change in fees at least 30 days before your next billing period.

9. Term and ending

Your subscription runs for the term in your order and then renews for the same period, unless either of us gives notice at least 30 days before the term ends.

Either of us may end the agreement in writing if the other breaks it in a material way and hasn’t put it right within 30 days of being asked to.

When the agreement ends:

• for 30 days you may ask us for a copy of your data in a commonly used format, such as CSV files and your documents;
• we then delete your data from the live service within 30 days;
• copies in our encrypted backups are deleted as those backups expire, within 30 days after that.

10. Intellectual property

Ironcare, its software, designs and guides belong to EzeMind. During your subscription you may use Ironcare for your own business; nothing in this agreement transfers its ownership to you.

If you send us ideas or feedback, we may use them to improve Ironcare without owing you anything for them.

11. Confidentiality

Each of us keeps the other’s confidential information confidential and uses it only for this agreement. This doesn’t cover information that is public through no fault of the one receiving it, that they already had, or that the law or a court requires them to give.

12. What we promise, and what we don’t

We provide Ironcare with reasonable skill and care. Apart from that, and as far as the law allows, Ironcare is provided as it is.

Ironcare records and guides your work, but your business decisions stay yours: for example whether a machine is safe to use (a competent person decides), what you quote and invoice, and your accounts and tax.

13. Liability

Neither of us is liable to the other for indirect or consequential loss, such as lost profit, revenue or business.

Our total liability to you in any 12 months is limited to the fees you paid us for Ironcare in the 12 months before the event that caused it.

These limits don’t apply where the law doesn’t allow them to, or to loss caused by fraud or gross negligence.

14. Indemnity

You indemnify EzeMind against third-party claims that arise from your data being put into Ironcare without the right to do so, or from your users breaking these terms.

15. Changes to these terms

We may update these terms. We tell your administrators at least 30 days before a material change takes effect. If you don’t accept it, you may end the agreement before then; otherwise the new terms apply from that date. The version and date are at the top of this page.

16. General

South African law governs this agreement, and the High Court of South Africa, Western Cape Division, Cape Town, may hear any dispute about it.

Notices go by email: to us at info@ironcare.io, and to you at the address of your Ironcare administrator or the one in your order.

You may not transfer this agreement without our written agreement. Neither of us is liable for a delay caused by events beyond reasonable control. If a part of these terms is found invalid, the rest still applies, and not enforcing a right doesn’t mean giving it up.

17. Contact

Questions about these terms: