Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the GatecontrolX service ("Service"), provided by Oceanbreeze Concepts PTY LTD ("Company", "we", "us", or "our"), a company registered in Botswana. By accessing or using GatecontrolX, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

GatecontrolX is a cloud-based access control system for gated estates and residential communities that interfaces with Hikvision MinMoe facial recognition and QR code terminals.

2. Definitions

• "Service" refers to the GatecontrolX platform, including web dashboard, Telegram bots, and cloud-based functionality.
• "Estate" refers to the gated community, residential complex, or property using the Service.
• "Estate Management" refers to the entity responsible for managing the Estate and contracting with us.
• "Resident" refers to individuals residing within the Estate who are authorized to use the Service.
• "Visitor" refers to any person invited to access the Estate through the Service.
• "Device" refers to Hikvision MinMoe terminals or other compatible hardware used with the Service.

3. Service Description

GatecontrolX provides:

• Cloud-based management of access control systems
• Facial recognition access for residents
• QR code generation for visitors
• Telegram bot interfaces for residents and estate admins
• Web dashboard for estate administrators
• Device management and synchronization

The Service does not include hardware devices, installation services, or network infrastructure.

4. Account Registration and Requirements

4.1 Estate Registration

Estate Management must register for an account to access the Service. Registration information must be accurate, current, and complete.

4.2 Minimum Requirements

A minimum of 10 residences is required to subscribe to the Service. If an Estate has fewer than 10 residences, the minimum charge equivalent to 10 residences will still apply.

4.3 User Accounts

• Estate Management is responsible for creating and managing Resident accounts.
• Estate Management must ensure all Residents are properly informed about the Service's features and these Terms.
• Account credentials must be kept secure and not shared.

5. Pricing and Payment

5.1 Fee Structure

• Fees are charged on a per-residence basis, with rates varying by country of operation.
• The minimum charge is equivalent to 10 residences regardless of the actual number of residences.
• Billing occurs directly between Estate Management and the Company.

5.2 Billing Cycles

• Payment may be made on a monthly or annual basis as agreed with Estate Management.
• Annual payments may be eligible for discounts as specified in the service agreement.

5.3 Payment Methods

Accepted payment methods will be specified during the registration process and may vary by country.

5.4 Late Payments

If payment is not received by the due date, the Company reserves the right to suspend access to the Service after providing reasonable notice.

6. Term and Termination

6.1 Term

The Service is provided on a month-to-month basis with no minimum contract duration.

6.2 Termination by Estate Management

Estate Management may terminate the Service with 30 days' written notice to the Company.

6.3 Termination by the Company

The Company may terminate or suspend the Service immediately if:

• The Estate Management or Residents breach these Terms
• The Service is used for illegal activities
• The Estate Management fails to pay applicable fees after notice
• Continued provision of the Service becomes impractical due to legal or technical reasons

6.4 Effect of Termination

Upon termination:

• All access to the Service will cease
• All user data will be deleted within 30 days
• Any prepaid fees may be refunded on a prorated basis for annual billing cycles

7. Hardware and Responsibility

7.1 Hardware Ownership

• All Devices are purchased, owned, and maintained by the Estate.
• The Company does not sell, lease, or maintain physical Devices.

7.2 Installation and Maintenance

• Estate Management is responsible for installation of all Devices through qualified installers.
• Estate Management is responsible for Device maintenance, repairs, and replacements.
• Estate Management is responsible for ensuring proper network connectivity between Devices and the Company's servers.

7.3 Company Responsibilities

The Company is responsible for:

• Providing cloud-based software interfaces
• Processing and storing access data
• Maintaining server infrastructure
• Providing technical support for software-related issues

8. Service Guarantees and Limitations

8.1 Uptime Commitment

The Company commits to a 99% uptime for GatecontrolX servers.

8.2 Limitations

The Company is not responsible for:

• Network connectivity issues between Devices and Company servers
• Hardware failures or malfunctions
• Power outages or local infrastructure issues
• Third-party service disruptions (including Telegram or Hikvision cloud services)

8.3 No Usage Limits

There are no set limits on:

• Number of residents per household
• Number of QR codes generated
• Number of access events logged

However, the Company reserves the right to investigate unusually high usage patterns that may indicate abuse of the Service.

9. User Obligations

9.1 Prohibited Activities

Users may not:

• Share access credentials or QR codes with unauthorized individuals
• Attempt to bypass or compromise the security of the system
• Use the Service for illegal activities
• Reverse engineer the Service
• Use the Service to harass, discriminate, or violate the rights of others

9.2 Estate Management Obligations

Estate Management must:

• Inform residents about the system's capabilities and privacy implications
• Obtain appropriate consent for facial recognition data collection
• Use the Service in compliance with local laws
• Maintain the confidentiality of access credentials
• Report any security vulnerabilities or incidents promptly

10. Data Usage and Privacy

10.1 Data Collection

The Service collects and processes:

• Facial biometric data for residents
• Names and contact information
• Access logs and events
• QR code generation and usage data

10.2 Data Usage

Collected data is used to:

• Provide and improve the Service
• Enable access control functionality
• Generate access reports and analytics
• Ensure system security

10.3 Privacy Policy

Use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

11. Service Modifications

11.1 Service Changes

The Company may modify the Service at any time, including adding or removing features.

11.2 Notification of Changes

• The Company will provide email notification to Estate Management for significant changes.
• Estate Management is responsible for notifying Residents via Telegram broadcast or other appropriate means.

11.3 Changes to Terms

• The Company reserves the right to update these Terms at any time.
• Notice of material changes will be provided to Estate Management via email.
• Continued use of the Service after such changes constitutes acceptance of the new Terms.

12. Intellectual Property

12.1 Company Ownership

The Company owns all right, title, and interest in and to the Service, including all software, designs, and content, excluding third-party components.

12.2 Limited License

Estate Management and Residents are granted a limited, non-exclusive, non-transferable license to use the Service as provided.

12.3 Restrictions

Users may not:

• Copy, modify, or create derivative works of the Service
• Distribute or make the Service available over a network to multiple devices
• Remove proprietary notices from the Service
• Use the Service to build a competitive product

13. Limitation of Liability

13.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

13.3 Cap on Liability

THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY ESTATE MANAGEMENT TO THE COMPANY IN THE PAST THREE MONTHS.

14. Indemnification

Estate Management agrees to defend, indemnify, and hold harmless the Company from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with use of the Service.

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms shall be governed by the laws of Botswana, without regard to its conflict of law principles.

15.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved in the courts of Botswana.

16. Miscellaneous

16.1 Force Majeure

The Company shall not be liable for any failure to perform its obligations if such failure results from circumstances beyond its reasonable control.

16.2 Assignment

Estate Management may not assign these Terms without the Company's prior written consent. The Company may assign these Terms at its discretion.

16.3 Entire Agreement

These Terms constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.

16.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.5 Contact Information

For questions about these Terms, please contact: