Terms of Use

1. Acceptance of Terms

By accessing or using O'Sense, FieldSense, or any related services (collectively, the "Services") provided by HERO CONTROL SYSTEMS Ltd ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Use ("Terms").

If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

O'Sense provides business operations management tools including:

• Customer Relationship Management (CRM)
• Human Resources and Payroll Management
• Invoicing, Quotations, and Receipt Generation
• Delivery Note Management
• Business Analytics and Reporting

FieldSense provides field operations management tools including:

• GPS Location Tracking
• Route Optimization
• Photo Documentation with GPS Tags
• Offline Data Capture and Sync
• Visit Verification and Attendance Logging

3. Account Registration

3.1 Account Creation

To use our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Acceptable Use

You agree to use our Services only for lawful purposes. You shall NOT:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious software or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with the proper operation of the Services
• Use the Services to harass, abuse, or harm others
• Share your account credentials with unauthorized users
• Resell or redistribute the Services without permission
• Use automated tools to access the Services without consent

5. GPS Tracking and Employee Monitoring

If you use FieldSense to track employees or field personnel:

• You must inform employees that they are being tracked
• You must obtain appropriate consent as required by law
• Tracking should only occur during authorized work hours
• You are responsible for compliance with labor laws
• Location data must be used only for legitimate business purposes

We provide the tools; you are responsible for using them ethically and legally.

6. Payment Terms

6.1 Fees

Certain features of the Services require payment. By subscribing to paid features, you agree to pay all applicable fees as described at the time of purchase.

6.2 Billing

• Fees are billed in advance on a monthly or annual basis
• All payments are non-refundable unless otherwise stated
• We reserve the right to change pricing with 30 days notice
• Failure to pay may result in suspension or termination of Services

6.3 Taxes

You are responsible for all applicable taxes. Prices do not include VAT or other taxes unless explicitly stated.

7. Intellectual Property

7.1 Our Rights

The Services, including all content, features, and functionality, are owned by HERO CONTROL SYSTEMS Ltd and are protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of data and content you upload to the Services. By using our Services, you grant us a license to use, store, and process your content solely for the purpose of providing the Services.

7.3 Feedback

If you provide feedback or suggestions, we may use them without any obligation to compensate you.

8. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

You acknowledge that:

• We may collect location data when using FieldSense
• Your data may be stored on servers outside Zambia
• We implement reasonable security measures but cannot guarantee absolute security

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may:

• Perform scheduled maintenance with reasonable notice
• Experience unexpected downtime due to technical issues
• Modify, suspend, or discontinue features at our discretion

We are not liable for any loss resulting from service interruptions.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or completeness of content
• Non-infringement of third-party rights
• Uninterrupted or error-free operation

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for loss of data, profits, or business opportunities

Some jurisdictions do not allow these limitations, so they may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless HERO CONTROL SYSTEMS Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws

13. Termination

13.1 By You

You may terminate your account at any time by contacting us. Termination does not entitle you to refunds for pre-paid fees.

13.2 By Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Fail to pay applicable fees
• Engage in fraudulent or illegal activity
• Pose a security risk to our Services

13.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your data after a reasonable period, unless required to retain it by law.

14. Governing Law

These Terms are governed by the laws of the Republic of Zambia. Any disputes shall be resolved in the courts of Lusaka, Zambia.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Continued use of the Services after changes constitutes acceptance of the modified Terms.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Services.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not waive our right to enforce it later.
• Assignment: You may not assign your rights under these Terms without our consent.