Terms of Service

⚠ PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT.

These Terms of Service (“Terms”) govern your access to, and use of the mobile applications, websites, fleet dashboards, APIs, and related services (collectively, the “Services”) provided by Anouk Solutions (Pty) Ltd (“Anouk Solutions,” “we,” “us,” or “our”).

By clicking “I Accept,” downloading, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

1. Scope of License

We grant you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.

Prohibited Acts

You shall not, and shall not permit any third party to:

• Sublicense, sell, rent, lease, or distribute the Services.
• Reverse engineer, decompile, or attempt to derive the source code of our software.
• Use the Services to build a competitive product.
• Scrape or use automated systems to extract data from our dashboards.
• Copy or modify the app, any part of the app, or our trademarks in any way.
• Translate the app into other languages or make derivative versions.
• Use our trademarks, branding, copyrights, database rights, or other intellectual property without authorization.

All rights, title, and interest in and to the Services, including all intellectual property rights, remain the property of Anouk Solutions or its licensors.

2. Changes to the Services

We are committed to making the Services useful and efficient. We may update, change, suspend, or discontinue any part of the Services at any time, with or without notice.

We may also introduce paid features or modify pricing from time to time. If a fee applies, we will make clear what you are being charged for before payment is required.

We may also wish to stop providing the app or website and may terminate your use of it at any time. Unless we tell you otherwise, upon any termination: (a) the rights and licenses granted to you in these Terms will end; (b) you must stop using the app and, if needed, delete it from your devices.

3. Account Responsibilities

Security

You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorised use of your account.

Device Integrity

To ensure the security of the Services, we prohibit the use of the App on “jailbroken” or “rooted” devices. Jailbreaking or rooting removes software restrictions imposed by the official operating system and can make your device vulnerable to malware, viruses, and malicious programs, and may cause the App to not work correctly or at all. Use of such devices is at your own risk and may result in immediate account termination.

Device Responsibility

You are responsible for ensuring your device remains charged and operational while using the Services. Anouk Solutions cannot accept responsibility if the app stops functioning due to your device running out of battery or any other device-related issue.

Accuracy

You agree to provide accurate, current, and complete information during the registration process and to keep this information up to date at all times.

4. Internet and Data Connectivity

Certain functions of the Services require an active internet connection, either via Wi-Fi or your mobile network provider. Anouk Solutions cannot take responsibility for the Services not working at full functionality if you do not have access to Wi-Fi or sufficient mobile data.

If you use the Anouk Fleet app outside of an area with Wi-Fi, the terms of your agreement with your mobile network provider will still apply. You may be charged by your mobile provider for data usage during the connection, including roaming data charges if you use the app outside of your home territory without disabling data roaming. By using the Services, you accept full responsibility for any such charges.

If you are not the bill payer for the device on which you are using the app, we assume that you have received permission from the bill payer to use the app and incur any associated charges.

5. Subscription, Billing, and Free Trials

5.1 Subscriptions

The Services are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (monthly or annually).

5.2 Free Trials

Anouk Solutions may, at its sole discretion, offer a Subscription with a Free Trial for a limited period.

• Eligibility: Limited to one (1) free trial per user or company for 1 week.
• Payment Details Required: All users signing up for a free trial will be required to submit valid payment card details as part of the registration process to allow automatic billing once the free trial period ends.
• Automatic Billing: At the end of the Free Trial, you will be automatically charged the applicable Subscription fees unless you cancel at least 24 hours before the trial expires.
• Unused Trial Forfeiture: Any unused portion of a free trial will be forfeited if you purchase a subscription before the trial ends.
• Subsequent Trials: If you attempt to start a second free trial after your initial trial has expired, our system will automatically cancel that subsequent trial. We reserve the right to terminate any data associated with accounts found to be abusing the free trial offer.

5.3 Cancellations & Refunds

Cancellations: You may cancel your Subscription through your Anouk Fleet account settings via the web dashboard. Cancellation cannot be performed through the driver mobile app. You will remain liable for any outstanding amount for the current billing period prior to cancellation taking effect.

No Refunds: To the maximum extent permitted by law, all payments are non-refundable. We do not provide credits or refunds for partial subscription periods, unused Services, or access that was not made use of. Payments are made to enable access to the Services if and when needed, not for specific usage.

6. Fleet and Route Planning Specifics

Data Accuracy

Route optimisation and dispatching rely on third-party GPS and mapping data. Anouk Solutions does not guarantee the accuracy of routes, traffic data, or estimated times of arrival (ETAs). We rely on third parties to provide this information and accept no liability for any loss, direct or indirect, that you experience as a result of relying on this functionality.

Driver Safety

Drivers must never use the App while operating a vehicle unless it is via a hands-free system. Compliance with all local traffic laws is the sole responsibility of the user. Anouk Solutions accepts no liability for any incidents arising from improper use of the app while driving.

Location Data

To enable fleet and route planning functionality, the App collects your precise or approximate location data while in use, including in the background when the App is running. You may disable location collection through your device settings, though doing so will significantly affect the core functionality of the Service.

7. Acceptable Use & Messaging (SMS)

If your plan includes SMS, WhatsApp, or driver-to-customer messaging, you agree to comply with all applicable “Know Your Customer” (KYC) and anti-spam laws. You are prohibited from sending content related to:

• Illegal substances or federally prohibited items.
• High-risk financial marketing or debt collection.
• Phishing or malicious links.
• Hate speech or harassment.
• Prescription drugs or gambling services.
• “Get rich quick” schemes or third-party lead generation.

Where SMS services are provided via Twilio, you are also bound by Twilio's Forbidden Message Categories policy. For more information, see: https://support.twilio.com/hc/en-us/articles/360045004974

Sending prohibited content will result in SMS being disabled for your account and may result in immediate subscription termination without notice or refund.

8. Intellectual Property

All rights, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Anouk Solutions and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

9. Third-Party Services

The Services may contain links to or integrations with third-party websites or services (e.g., Google Maps, PayStack, Twilio, Etc). We do not own or control these services and assume no responsibility for their content, privacy policies, or practices. Your use of any third-party service is subject to that service's own terms and conditions.

10. Limitation of Liability and Indemnification

To the maximum extent permitted by applicable law:

• As-Is Basis: The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied.
• Liability Cap: In no event shall Anouk Solutions be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or goodwill. Our total liability for any claim shall not exceed the amount paid by you to us in the past 12 months.
• Indemnification: You agree to defend, indemnify, and hold harmless Anouk Solutions from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services or breach of these Terms.

11. Data Protection

We value your privacy and process all personal data as outlined in our Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable data protection laws in the jurisdictions where we operate. If you are a business user, our Data Processing Agreement (DPA) is incorporated by reference to meet relevant global standards, including but not limited to:

• POPIA (South Africa)
• GDPR (European Union & United Kingdom)
• CCPA/CPRA (California, USA)
• LGPD (Brazil)
• PIPEDA (Canada)
• nFADP (Switzerland)

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately and any data associated with your account may be deleted. You must stop using the app and delete it from your devices.

13. Governing Law and Dispute Resolution

13.1 Governing Law

This Agreement shall be governed by, and interpreted in accordance with, the laws of the Republic of South Africa. All disputes, actions, and other matters relating to these Terms shall be determined in accordance with such laws.

13.2 Jurisdiction

You irrevocably agree that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim. Any legal proceedings shall be conducted in Johannesburg, South Africa.

13.3 Arbitration

Except for urgent interdicts or small claims court matters, any dispute shall be referred to binding arbitration in Johannesburg under the rules of the Arbitration Foundation of Southern Africa (AFSA).

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice for material changes by posting the updated Terms on this page and notifying you via email or a prominent notice within the Services. By continuing to use the Services after revisions become effective, you agree to be bound by the updated Terms.

15. Contact Information

If you have any questions or suggestions about these Terms of Service, please contact us:

Anouk Fleet Terms of Service | Version 1.1 | May 2026