Software Terms

These Software Terms apply to all licences and subscriptions for TimeWorks POS software and related SaaS services provided by TimeWorks Data Solutions (Pty) Ltd ("TimeWorks"). They must be read together with our General Terms and Conditions.

1. Software Licence Grant

Subject to your acceptance of these terms and payment of all applicable fees, TimeWorks grants you a non-exclusive, non-transferable, revocable licence to install and use the TimeWorks POS software solely for your internal business operations.

This licence does not include the right to sublicence, resell, distribute, copy, or create derivative works from the software. You may not use the software to provide services to third parties without TimeWorks's prior written consent.

2. Scope of Licence

The scope of your licence is defined in your signed agreement or subscription confirmation and may be limited by:

• Number of terminals - the maximum number of POS terminals permitted to run the software simultaneously.
• Number of users - the maximum number of individual user accounts permitted.
• Number of sites - the locations at which the software may be installed and operated.

If your operational needs change, you may request an expansion of your licence scope at any time. Additional terminals, users, or sites will be quoted and invoiced accordingly.

3. Subscription Term and Fees

Software subscriptions are billed monthly or annually as specified in your agreement. All fees are quoted inclusive of VAT at the prevailing rate.

Annual subscriptions are payable in advance. Monthly subscriptions are payable on the same date each month. TimeWorks will provide at least 30 calendar days' notice of any fee changes, including annual CPI-linked adjustments.

Failure to pay subscription fees may result in suspension of software access after a 7-day grace period following a written payment reminder. Access will be restored upon settlement of all outstanding amounts.

4. Updates and Upgrades

During your active subscription period, TimeWorks will provide software updates and upgrades at no additional charge. This includes:

• Bug fixes and security patches.
• New features and functionality released as part of the standard product.
• Regulatory compliance updates (for example, SARS requirements, VAT rate changes).

Major version upgrades that represent a substantial new product may be offered at a discounted upgrade price for existing subscribers. TimeWorks will notify you in advance and will not force an upgrade that would disrupt your operations without adequate notice and training support.

5. Support and Maintenance

Software support is included in your active subscription and covers:

• Phone and remote desktop support during business hours (Monday to Friday, 08:00 to 17:00; Saturday, 09:00 to 13:00).
• Same-day on-site support in the Cape Town metropolitan area for critical software issues reported before 12:00 on a business day.
• Access to our online support ticketing system for logging and tracking issues.
• Software configuration assistance and user training on request.

Support for issues caused by third-party software conflicts, customer-side hardware failure, or modifications made outside of TimeWorks's scope will be assessed and may be quoted separately.

6. Data Ownership

You own all data inputted into and generated by TimeWorks POS software at all times. This includes, without limitation, your transaction records, product catalogues, customer data, staff records, sales reports, and financial data.

TimeWorks makes no claim of ownership over your business data. TimeWorks will not sell, share, or use your data for any purpose other than the operation, support, and improvement of the software services provided to you, as described in these terms and our Privacy Policy.

7. Data Processing - POPIA Compliance

Where TimeWorks processes personal information on your behalf in the course of providing software services, TimeWorks acts as an Operator as defined in the Protection of Personal Information Act 4 of 2013 (POPIA), under Section 21 of that Act.

As Operator, TimeWorks will:

• Process personal information only as instructed by you, the Responsible Party.
• Implement reasonable technical and organisational security measures to protect personal information.
• Not disclose personal information to third parties except as required to deliver the services or as required by law.
• Notify you promptly if TimeWorks becomes aware of any security compromise affecting your data.
• Assist you in meeting your obligations under POPIA where reasonably practicable.

8. Data Export and Portability

You may export your data from TimeWorks POS software at any time during your active subscription. TimeWorks supports data export in standard formats including CSV and Excel-compatible formats for transaction data, product data, and reporting data.

If you require a comprehensive full-database export in a specific format, please submit a written request to send us a message. TimeWorks will fulfil reasonable export requests within 5 business days at no charge.

9. Data Retention on Termination

Following the termination or cancellation of your software subscription for any reason:

• Your data will remain accessible and available for export for a period of 90 calendar days after the termination date. TimeWorks will provide read-only access to facilitate this export.
• After 90 days, TimeWorks will securely delete or anonymise your data in accordance with our data retention policy.
• TimeWorks will not retain copies of your business data beyond this period except where required by law.

We strongly recommend exporting all data before or immediately after termination to ensure you retain full access to your business records.

10. Uptime and Service Level Agreement

For cloud-connected features and services (including cloud reporting, online ordering integration, and remote backups), TimeWorks targets a system availability of 99.9% per calendar month, excluding scheduled maintenance windows.

If actual monthly uptime falls below 99% due to causes within TimeWorks's control, you may request a service credit equal to one additional day of subscription credit for each hour of excess downtime, up to a maximum of seven days' credit per month. Service credits are your sole remedy for downtime under this SLA and must be requested within 30 days of the downtime event.

This SLA does not apply to downtime caused by force majeure events, load shedding beyond UPS capacity, third-party service failures, or maintenance windows communicated in advance.

11. Scheduled Maintenance

TimeWorks will perform routine maintenance on cloud-connected services during low-traffic windows. TimeWorks will provide at least 48 hours' advance notice for any maintenance window expected to cause service interruption longer than 15 minutes.

Scheduled maintenance is typically performed between 23:00 and 04:00 SAST. Emergency maintenance required to address critical security issues or system stability may be performed with shorter notice but will be communicated as promptly as possible.

12. Security

TimeWorks implements the following security measures to protect your data and the software environment:

• Encryption of data in transit using TLS (minimum 1.2) for all cloud communications.
• Encryption of data at rest for cloud-stored data.
• Role-based access controls limiting staff access to data on a need-to-know basis.
• Regular automated backups of cloud-connected data (minimum daily).
• Security patching of server infrastructure on a regular basis.

You are responsible for the security of your own user accounts, passwords, and devices used to access TimeWorks software. TimeWorks recommends enabling strong password policies for all POS user accounts.

13. Acceptable Use

You agree to use TimeWorks software only for lawful purposes in connection with your legitimate business operations. You may not:

• Reverse engineer, decompile, or disassemble the software or attempt to derive its source code.
• Use the software to process transactions that are illegal under South African law.
• Attempt to gain unauthorised access to TimeWorks systems, databases, or other customers' data.
• Resell, sublicence, or make the software available to third parties without TimeWorks's written consent.
• Remove, obscure, or modify any copyright notices, trademarks, or proprietary legends in the software.

14. Cancellation (CPA Section 14)

You may cancel your software subscription at any time by giving TimeWorks 20 business days' written notice to send us a message. Your subscription will remain active until the end of the notice period, and you will retain access to export your data throughout this period.

Subscription fees paid in advance for periods beyond the termination date will be refunded on a pro-rata basis, less any applicable cancellation fee for fixed-term agreements. See our Refund and Returns Policy for details.

15. Intellectual Property

All intellectual property rights in the TimeWorks POS software, including the codebase, user interface design, database architecture, algorithms, and all associated documentation, vest in TimeWorks Data Solutions (Pty) Ltd or its licensors.

These terms grant you a limited right to use the software as described above. No intellectual property in the software is transferred to you under any circumstances.

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