Terms of Service

1. Acceptance of Terms

By creating an account or using the SmartGuard platform, you represent that:

• You are at least 18 years of age and have legal capacity to enter into a binding contract
• If registering on behalf of a company or organisation, you have authority to bind that entity
• The information you provide during registration is accurate and up to date
• You will comply with all applicable Zambian laws and regulations in your use of the Service

These Terms apply to all users of the platform, including tenant administrators, supervisors, guards, HR staff, finance staff, and clients accessing the client portal.

2. Description of Service

SmartGuard is a cloud-based, multi-tenant Software-as-a-Service (SaaS) platform designed for security companies. The Service includes, but is not limited to:

We reserve the right to modify, add, or remove features at any time. Material changes will be communicated in advance where reasonably practicable.

3. Account Registration & Responsibilities

When you register for an account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials and not share them with unauthorised individuals
• Notify us immediately if you suspect unauthorised access to your account at business@riskcape.com
• Accept full responsibility for all activities that occur under your account
• Ensure all sub-users (guards, staff, clients) created under your tenant account comply with these Terms

We reserve the right to suspend or terminate accounts that we reasonably believe pose a security risk or have been created fraudulently.

4. Subscriptions & Billing

4.1 Trial Period

New accounts may be granted a free trial period as advertised at the time of registration. No credit card is required during the trial. At the end of the trial, access will be restricted unless a paid subscription is activated.

4.2 Subscription Plans

Subscription plans vary by features, number of guards, sites, and clients. Current plan details and pricing are available on our pricing page. We reserve the right to change pricing with at least 30 days' written notice to existing subscribers.

4.3 Payment & Billing Cycle

• Subscriptions are billed in advance, monthly or annually depending on your chosen plan
• Accepted payment methods include mobile money (MTN, Airtel, Zamtel via PawaPay), card payments (Flutterwave, PayFast), and bank transfer where available
• Payments are due on the first day of each billing period. Failure to pay within the 7-day grace period will result in suspension of your account
• All prices are quoted in the currency specified on the plan (ZMW, USD, or ZAR)

4.4 Auto-Renewal

Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. You may cancel auto-renewal at any time from your Subscription dashboard. Cancellation takes effect at the end of the current billing period — you will retain access until then.

4.5 Refund Policy

All subscription fees are non-refundable except where:

• We have been unable to provide the Service due to a fault on our part for more than 72 consecutive hours
• A duplicate or erroneous charge occurred due to a technical error
• Required by applicable Zambian consumer protection law

Refund requests must be submitted within 14 days of the relevant billing date to business@riskcape.com.

4.6 Taxes

Prices are exclusive of applicable taxes, including VAT/sales tax as required by Zambian law. You are responsible for all taxes applicable to your subscription.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to track individuals without their knowledge or consent outside of legitimate employment arrangements
• Upload, transmit, or store content that is unlawful, defamatory, abusive, or violates any third party's rights
• Attempt to gain unauthorised access to any part of the Service, other customers' accounts, or our infrastructure
• Reverse engineer, decompile, or extract the source code of the platform
• Use automated tools, bots, or scrapers to access the Service without written permission
• Resell, sublicense, or white-label the Service without a separate written agreement with us
• Introduce malicious code, viruses, or any harmful software into the platform
• Use the Service in any manner that could damage, overload, or impair its availability

Violation of this policy may result in immediate account suspension without notice and without refund.

6. Data Ownership & Privacy

You retain full ownership of all data you upload, input, or generate through the Service ("Customer Data"). We do not claim any intellectual property rights over Customer Data.

By using the Service, you grant us a limited, non-exclusive licence to process Customer Data solely to provide, operate, and improve the Service in accordance with our Privacy Policy.

We will not sell, disclose, or use Customer Data for any purpose other than operating the Service and as described in our Privacy Policy.

7. Intellectual Property

The SmartGuard platform, including its software, design, trademarks, logos, and all proprietary technology, is the exclusive intellectual property of Riskcape Enterprises. Nothing in these Terms transfers any ownership of our IP to you.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the subscription term.

8. Service Availability

We aim to maintain a platform uptime of 99.5% on a monthly basis, excluding scheduled maintenance. Scheduled maintenance will be communicated at least 24 hours in advance where possible.

We do not guarantee uninterrupted access to the Service and are not liable for downtime caused by:

• Force majeure events (floods, power outages, government actions, internet infrastructure failures)
• Third-party service provider outages (cloud hosting, SMS gateway, payment processors)
• Scheduled or emergency maintenance
• Actions or omissions by you or your users

9. Limitation of Liability

To the maximum extent permitted by Zambian law:

• The Service is provided "as is" and "as available" without warranty of any kind, express or implied
• We are not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Service
• Our total aggregate liability to you for any claims arising from or related to the Service shall not exceed the total subscription fees paid by you in the three (3) months immediately preceding the event giving rise to the claim
• We are not liable for any loss or damage resulting from unauthorised access to your account caused by your failure to maintain adequate security credentials

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Riskcape Enterprises and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your use of or inability to use the Service; (b) your violation of these Terms; (c) your violation of any applicable law; (d) any Customer Data you provide, upload, or generate through the Service.

11. Confidentiality

Each party may have access to confidential information of the other during the term of this agreement ("Confidential Information"). Each party agrees to:

• Keep Confidential Information strictly confidential
• Not disclose Confidential Information to any third party without the other's prior written consent
• Use Confidential Information solely for the purposes of performing obligations under these Terms

This obligation does not apply to information that is publicly known, already known to the receiving party, independently developed, or required to be disclosed by law.

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through your account dashboard or by contacting us at business@riskcape.com. Cancellation takes effect at the end of the current billing period.

12.2 Termination by Us

We may suspend or terminate your account:

• Immediately, without notice, for material breach of these Terms (including the Acceptable Use Policy)
• After 7 days' notice for non-payment of subscription fees
• After 30 days' notice for any other reason, with a pro-rated refund where applicable

12.3 Effect of Termination

Upon termination, your access to the Service will cease. We will retain your Customer Data for 30 days following termination, during which you may request an export. After 30 days, Customer Data will be permanently deleted from our systems, subject to legal retention obligations.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Zambia, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms, the parties agree to the following escalation process:

1. Negotiation — Either party may raise a dispute in writing. The parties shall attempt in good faith to resolve the dispute by senior management negotiations within 14 days of written notice.
2. Mediation — If negotiation fails, either party may refer the dispute to non-binding mediation under the rules of the Zambia Institute of Arbitrators.
3. Litigation — If mediation does not resolve the dispute within 30 days, either party may refer the matter to the competent courts of the Republic of Zambia, to whose exclusive jurisdiction the parties irrevocably submit.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email and by posting the updated Terms on this page with a revised "Last updated" date. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

16. Contact

For any questions about these Terms, please contact us: