Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using any part of our Services, you:

• Acknowledge that you have read, understood, and agree to be bound by these Terms
• Agree to comply with all applicable laws and regulations
• Represent that you have the authority to enter into this agreement
• Consent to our collection and use of your information as described in our Privacy Policy

2. Service Description

2.1 Platform Services

Origami EV Connect provides a cloud-based CPMS platform that includes:

• Charge point monitoring and management via OCPP 1.6J protocol
• User authentication and authorization systems
• Charging session management and billing
• Payment processing integration (via PayFast)
• Analytics and reporting dashboards
• API access for third-party integrations
• Multi-portal architecture (Admin, Dealer, Driver)

2.2 Service Levels

We provide different service tiers:

• Starter: Basic platform access with standard support
• Professional: Enhanced features with priority support
• Enterprise: Full platform capabilities with 24/7 support and dedicated account management

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong passwords and enabling multi-factor authentication where available

3.3 Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms or applicable laws
• Engage in fraudulent or malicious activities
• Have outstanding payment obligations
• Remain inactive for extended periods

4. User Roles and Permissions

4.1 Admin Users

Admin accounts have full platform access including:

• Network-wide charger management and monitoring
• User and role management
• Tariff configuration and pricing controls
• Financial reporting and revenue analytics
• System configuration and settings

4.2 Dealer Users

Dealer accounts have site-specific access including:

• Management of chargers at their locations
• Revenue reporting for their sites
• Site-level analytics and performance data
• Customer support for their locations

4.3 Driver Users

Driver accounts have consumer-facing access including:

• Finding and accessing charging stations
• Starting and stopping charging sessions
• Viewing charging history and receipts
• Managing payment methods

5. Fees and Payment

5.1 Subscription Fees

• Subscription fees are billed monthly or annually as selected during registration
• All fees are stated in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated
• Fees are non-refundable except as required by law or explicitly stated in these Terms
• We reserve the right to modify pricing with 30 days' notice to existing customers

5.2 Charging Session Fees

• Drivers are charged based on tariffs set by charge point operators
• Tariffs may include per-kWh charges, per-minute charges, and connection fees
• Final charges are calculated at the end of each charging session
• All charges are processed securely through PayFast payment gateway

5.3 Revenue Sharing

For dealer partners:

• Revenue from charging sessions is automatically split: 70% to dealer, 30% to platform
• Revenue shares are calculated in real-time and settled monthly
• Detailed revenue reports are available in the dealer dashboard

5.4 Payment Terms

• Payment is due immediately upon invoice generation
• Accounts with overdue payments may be suspended after 7 days
• A late fee of 2% per month may be applied to overdue balances
• You are responsible for all transaction fees, currency conversion fees, and applicable taxes

5.5 Refunds and Disputes

• Subscription fees are non-refundable except for service failures on our part
• Charging session disputes must be raised within 30 days of the transaction
• We will investigate all disputes in good faith and respond within 14 business days
• Refunds for valid disputes will be processed within 30 days

6. Acceptable Use

6.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to:

• Comply with all applicable South African laws and regulations
• Use the Services only for your internal business operations
• Respect the intellectual property rights of Origami EV Connect and third parties
• Maintain the security and integrity of the platform

6.2 Prohibited Activities

You agree NOT to:

• Use the Services for any illegal or unauthorized purpose
• Reverse engineer, decompile, or disassemble any part of the platform
• Attempt to gain unauthorized access to our systems or networks
• Transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Services or servers
• Use automated systems (bots, scrapers) without our written permission
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest user information without consent
• Resell, sublicense, or redistribute the Services without authorization
• Remove, obscure, or alter any proprietary notices or labels

7. Intellectual Property Rights

7.1 Our Rights

All rights, title, and interest in and to the Services, including all intellectual property rights, are and will remain the exclusive property of Origami EV Connect and its licensors. This includes:

• Software, code, algorithms, and technology
• Trademarks, logos, and brand elements
• Documentation, guides, and training materials
• User interface designs and layouts
• Data models and database structures

7.2 Your Rights

You retain all rights to your data, content, and information submitted through the Services. By using our Services, you grant us a limited license to:

• Store, process, and transmit your data to provide the Services
• Use aggregated, anonymized data for analytics and service improvement
• Display your company name and logo as a customer (with your permission)

7.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services become our property. We may use such feedback without any obligation to you.

8. Service Availability and Support

8.1 Service Availability

• Target Uptime: We aim for 99.9% uptime for the platform (excluding scheduled maintenance)
• Maintenance: Scheduled maintenance will be announced at least 48 hours in advance
• Emergency Maintenance: May be performed without notice when necessary for security or critical issues

8.2 Support Services

Support availability varies by subscription tier:

• Starter: Email support (response within 48 hours)
• Professional: Email and phone support (response within 24 hours)
• Enterprise: 24/7 support with dedicated account manager (response within 4 hours)

8.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time. We will provide reasonable notice for material changes affecting your use.

9. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We comply with the Protection of Personal Information Act (POPIA)
• We implement industry-standard security measures to protect your data
• You retain ownership of your data and can export it at any time
• We will notify you promptly of any data breaches as required by law

10. Warranties and Disclaimers

10.1 Service Warranty

We warrant that the Services will perform substantially in accordance with our documentation under normal use. This warranty does not apply to issues caused by:

• Misuse, abuse, or modifications by you or third parties
• Your failure to implement updates or patches
• Third-party hardware, software, or network issues
• Circumstances beyond our reasonable control

10.2 Disclaimers

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• All defects will be corrected
• The Services will meet your specific requirements
• Results obtained from the Services will be accurate or reliable

11. Limitation of Liability

Limitation of Total Liability: Our total liability to you for all claims arising from or related to these Terms or the Services shall not exceed the greater of:

• The amount you paid us in the 12 months preceding the claim; or
• ZAR 10,000

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Origami EV Connect, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Your data or content submitted through the Services

13. Term and Termination

13.1 Term

These Terms commence when you first access the Services and continue until terminated by either party.

13.2 Termination by You

• You may terminate your account at any time through account settings or by contacting support
• Termination does not relieve you of payment obligations for the current billing period
• No refunds will be provided for partial subscription periods

13.3 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms or our policies
• You fail to pay fees when due
• Your use poses a security risk or legal liability
• You engage in fraudulent or illegal activities
• Required by law or regulatory authorities

13.4 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• You must pay all outstanding fees and charges
• We will retain your data for 30 days for recovery purposes, then permanently delete it
• You may request a data export within 30 days of termination
• Sections that by their nature should survive termination will continue to apply

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at legal@origamievconnect.com to seek an informal resolution. We will attempt to resolve disputes in good faith within 30 days.

14.2 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the Arbitration Act, 1965 of South Africa:

• Arbitration will be conducted by a single arbitrator appointed by mutual agreement
• If parties cannot agree on an arbitrator within 14 days, one will be appointed by the Arbitration Foundation of Southern Africa (AFSA)
• Arbitration will take place in Johannesburg, South Africa
• The arbitrator's decision will be final and binding
• Each party will bear its own costs unless the arbitrator decides otherwise

14.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent irreparable harm.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

Subject to the arbitration clause above, you agree to submit to the exclusive jurisdiction of the courts of South Africa for any legal proceedings.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Origami EV Connect regarding the Services.

16.2 Amendments

We may modify these Terms at any time. Material changes will be notified via email or platform notification at least 30 days before taking effect. Your continued use after changes take effect constitutes acceptance.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

16.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.6 Force Majeure

We will not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including acts of God, war, terrorism, labor disputes, power failures, or internet disruptions.

16.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to international sanctions.

16.8 Third-Party Rights

These Terms do not create any third-party beneficiary rights except as explicitly stated.