1.13 Personal information or personal data: Information relating to an identifiable living person or juristic entity, including but not limited to-

1. Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
2. Information relating to the education or the medical, financial, criminal or employment history of the person;
3. Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
4. The biometric information of the person;
5. The personal opinions, views or preferences of the person;
6. Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
7. The views or opinions of another individual about the person; and
8. The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

1.14 Privacy policy: The policy located at [Privacy Policy].

1.15 Service: The Company’s website, applications, and third-party services made accessible to you.

1.16 Service provider: A natural or legal person processing data on behalf of the Company or providing services to or on behalf of the Company.

1.17 Solar installation: A photovoltaic solar panel system, including solar inverters, batteries, and associated equipment used to convert sunlight into electricity.

1.18 Terms and Conditions: These terms read together with our Privacy Policy.

1.19 Usage data: Any data collected automatically, generated by the use of the Company’s services or via the service infrastructure.

1.20 WhatsApp: A free cross-platform messaging service available for download on the Apple App Store and Google Play Store.

2. Introduction

2.1 Welcome to Aruna AI. By using our Application, you agree to comply with and be bound by the following terms and conditions (the “terms”), and our privacy policy. Unless otherwise expressly agreed in writing, your agreement with us will always include all Terms as set out herein.

2.2 The Terms shall govern your access to and use of the Application. If you do not agree with any part of the Terms, please refrain from accessing and using the Application.

3. License to Use

3.1 Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-shareable, revocable, limited license to download and use the Application on a compatible device for personal, non-commercial use.

4. Prohibited Use

4.1 You agree not to –

1. Copy, modify, distribute, or create derivative works of the Application.
2. Reverse-engineer, decompile, or disassemble the Application, except as permitted by applicable law.
3. Rent, lease, sublicense, or transfer the Application to any third party.
4. Use the Application in any manner that violates any applicable laws, regulations, or third-party right.

5. Acceptance of Terms

5.1 By registering, accessing, or using the Application, you acknowledge that you have read, understood, and agree to the Terms & Conditions and our privacy policy. You may not use the Application if you do not accept the Terms and our privacy policy.

5.2 You have the right to select your preferred features of the Application, this can be done through the relevant interfaces available in the Application.

5.3 You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you in the user interface of the Application.

5.4 We reserve the right to modify the Terms at any time, and continued use of the Application after changes are posted will constitute your acceptance of such updates.

6. Privacy Policy

6.1 To facilitate your access to the Application, we are required to process some of your personal data, and to share some of this personal data with certain third parties, such as our duly appointed service providers.

6.2 Our privacy policy outlines how we collect, use, and protect your personal information in accordance with the Protection of Personal Information Act (POPIA) and other applicable privacy laws.

6.3 When accepting the Terms, you must also accept the privacy policy by clicking to accept or agree to the privacy policy, where this option is made available to you in the user interface of the Application.

7. Installer’s Responsibilities and Data Processing

7.1 As an Installer, using the Application, you may invite your clients to use the Application by inputting certain personal data and loadshedding information of your clients (i.e. “End-user”) and inverter information into the Application. By using inviting your clients to use the Application, you acknowledge that you are solely responsible for ensuring that such data is accurate and up-to-date.

7.2 As an Installer, you confirm that you have obtained the necessary consent from the End user or have another lawful basis (as defined in the POPIA or other relevant data privacy legislation) to collect and process their personal data.

7.3 You may only invite your client/End user if you have informed that their personal data will be processed in accordance with the terms outlined in the Privacy Policy and that they will receive an automated invitation via Whatsapp and email to download and join the Application.

7.4 You agree to indemnify and hold the Company harmless from any claims, damages, or liabilities arising out of your failure to comply with the applicable data protection laws, any loss or harm to the End user as a result or breaches of this Agreement.

8. User Conduct

8.1 You agree not to engage in any unlawful activities while using the Application, including:

1. violating any local, national, or international laws;
2. interfering with or disrupting the Service (or the servers and networks to which the Application is connected);
3. infringing on the intellectual property rights of others; and/or
4. attempting to gain unauthorised access to our systems or engaging in activities that disrupt the Application.

8.2 You agree to use the Application only for purposes permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Republic of South Africa or other relevant jurisdictions).

8.3 Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Application for any purpose.

8.4 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.

8.5 You agree that you cannot impersonate any real or fictional person or entity or perform any fraudulent activity.

8.6 You are responsible for maintaining the confidentiality of your account details and password. You accept responsibility for any actions taken under your account, whether authorised by you or not.

8.7 You must be at least 16 years old to use the Application.

8.8 Any information and data you provide to us must be accurate, truthful and up to date.

8.9 By using the Application, you warrant, as required in the CPA, that you are not misrepresenting your identity or contributing any false or inaccurate information or data via the Application .

8.10 Upon signing up on the Application, you agree to receive email, text, WhatsApp and other forms of communication from us, which is important to facilitate access to the Application.

8.11 You further agree to the provide the Company with de-identified data such as data related to solar equipment load, generation, performance or any other data that may be used for the purposes of analysis or potential commercial use.

8.12 The Company reserves the right to restrict or suspend your access to the Application if you violate these terms or any relevant legislation;

8.13 Upon downloading the Application via the aforementioned link and message, you agree to the collection, use and processing of your personal data by the Company in order for us to give effect to the Agreement between us and provide the Services.

9. Consumer Rights

9.1 If you are a Consumer you have the right to be treated fairly in accordance with the Consumer Protection Act 68 of 2008 (“CPA”). All goods and services provided by the Application are subject to the relevant protections under South African law.

9.2 The Company will provide you with clear and accurate information about the goods and services offered through the Application, including process, features, and any relevant terms or conditions.

9.3 Your attention is drawn to clauses with limit our liability or amount to an undertaking of risk in bold and italics.

10. Provision of the Service

10.1 The Company is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Application which we provide may change from time to time without prior notice to you.

10.2 As part of this continuing innovation, you acknowledge and agree that we may prevent (permanently or temporarily) access to the Application (or any features within the Application) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Application at any time, and you do not need to specifically inform us when you stop using the Application.

11. Intellectual Property

11.1 All intellectual property whether registered or not, including code, Algorithms, design elements, and materials provided on the Application, including text, images, logos, and software, are the intellectual property of the Company or our licensors. You agree not to reproduce, distribute, or modify any materials without our written consent.

11.2 Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

11.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Application.

12. Functionality and Limitations of the Application

12.1 The Application is designed to instruct the solar system to service the load from the battery or grid, and, if applicable, manage the grid’s ability to recharge the battery during designated periods.

12.2 You are required to insert the correct address and loadshedding region (or zone) to ensure that functionality of the Application and solar equipment is appropriate to planned disruptions of power supply from the grid. Failure to do so may restrict functionality.

12.3 We do not alter any key installer settings of the system. The functionality of the Application is limited to controlling the energy source (battery or grid) for the system as instructed.

12.4 To ensure correct functionality of the Application we will update inverter time zone and battery cut off settings should this be required.

12.5 The Application will not make any amendments to other hardware specific parameters such as maximum charge and discharge rates, grid frequency and other specific installer settings.

12.6 You are able to find a list of inverter models currently supported by this Application on our website.

13. Network Connectivity and Performance

13.1 The performance of the Application depends on a stable Wi-Fi or network connection. We do not take responsibility for any underperformance of the Application or system due to poor network connectivity, loss of communication, or any other issues related to your local network infrastructure. If your Wi-Fi or network connection fails, it may impact the App’s ability to function properly, and we will not be held responsible for any consequences, adverse effects or losses whatsoever as set out in clause 14 below.

14. Limitation of Liability

14.1 To the fullest extent permitted by law, including the CPA where applicable, the Company is not liable for any direct, indirect, incidental, or consequential damages resulting from your use of the Application, even if advised of the possibility of such damage. Use of the Application is at your own risk.

14.2 In no event shall the total liability of the Company, whether in contract, warranty, delict (including negligence), product liability, or strict liability, exceed the amount paid by you in the 12 months preceding the claim.

14.3 The Company is explicitly not liable for any direct or indirect damages, including but not limited to:

1. Damage to solar equipment;
2. Any other property damage including but not limited to fire;
3. Equipment failure, malfunction, or loss of functionality;
4. Consequential, incidental, or punitive damages resulting from any failure or malfunction of the system;
5. Loss of power, whether temporary or prolonged, and any consequences related to such a loss.

14.4 You understand and agree that any damage caused by the solar equipment or system are solely the responsibility of the End-User, and we are not liable for any such claims.

14.5 The Company makes no warranties, express or implied, regarding the efficacy, performance or results of using the solar equipment or services provided through the Application. While we strive to maximise and optimise your solar output for your installation, the actual performance may vary depending on various factors such as environmental conditions, installation quality, usage patterns etc.

14.6 The Company does not guarantee any specific energy savings, cost reductions, or improvements in efficiency resulting from the use of the Application, solar equipment or services.

14.7 Except as explicitly stated in these terms, we disclaim all other warranties, whether express or implied, including but not limited to implied warranties.

14.8 You agree to indemnify and hold the Company and its distribution partners harmless from any claims, losses or damages (inclusive of legal costs) arising out of your use of the payment services available on the Application.

15. Third-Party Services and Risk

15.1 We may rely on third-party services, including but not limited to inverter Original Equipment Manufacturer (OEM) API services, Solar Dongle API services, IOT device API services, data storage and retrieval servers, weather forecast services, load shedding API services, to deliver certain functionalities of the Application .

15.2 While we strive to ensure the reliability of these services, we cannot be held responsible for any downtime, outages, or failures of third-party services, including but not limited to the failure of the abovementioned services, which may impact the functionality of the Application.

15.3 You understand and accept that the risks associated with using third-party services are beyond our control, and we are not liable for any disruption, incorrectness of data or loss caused by third-party service failures.

16. Indemnification

16.1 You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Application or violation of the Terms.

17. Service Updates

17.1 The Application which you use may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

17.2 You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Application.

18. Dispute Resolution

18.1 Any disputes arising out of or in connection with this agreement shall be resolved through amicable negotiation. If no resolution is reached, the dispute shall be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall take place in Johannesburg, and the arbitration decision shall be final and binding.

18.2 In the event of a breach or potential breach of these terms that may cause irreparable harm, either party may seek urgent relief, including an interdict, to stop or prevent the harmful action without needing to go through other prior dispute resolution processes.

19. Termination

19.1 The Terms will continue to apply until terminated by either you or the Company as set out below. The Company may at any time, terminate its legal agreement with you if:

1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
2. The Company is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
3. the partner with whom we offered the Application to you has terminated its relationship with us or ceased to offer the Application to you; or
4. The Company is transitioning to no longer providing the Application to users in the country in which you are resident or from which you use the Application; or
5. The provision of the Application to you by us is no longer commercially viable.

19.2 Nothing in this section shall affect our rights regarding provision of the service in terms of clause 11 of the Terms.

19.3 When the Terms come to an End, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of clause 11.1 shall continue to apply to such rights, obligations and liabilities indefinitely.

20. Modifications to the Service and Privacy Policy

20.1 We reserve the right to modify, suspend, or discontinue the Application at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Application.

20.2 We also reserve the right to modify the Terms and privacy policy at any time. significant changes will be notified via email or posted on our website.

20.3 Continued use of the Application after any updates will constitute acceptance of the revised privacy policy.

21. Severability

21.1 Each and every provision of these terms, excluding only those provisions which are essential at law for a valid or binding agreement to be constituted, shall be deemed to be separate and severable from the remaining provisions of these terms.

21.2 If any of the provisions of these terms, excluded those essential at law for a valid and binding agreement, is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these terms shall be and remain of full force and effect.

22. Governing Law and Jurisdiction

22.1 The Terms and privacy policy are governed by the laws of the Republic of South Africa. Any legal actions or proceedings related to the Terms or privacy policy shall be brought exclusively in the courts of Johannesburg, South Africa, and you agree to submit to the jurisdiction of such courts.

23. Contact Information

23.1 For any questions about the terms and conditions or our privacy policy, or to request account deletion, please contact us at:

• Email: [info@aruna-ai.com]
• Address: [Sandton, Johannesburg, South Africa]