Terms and Conditions of Service for Thevalua

1. Acceptance of Terms and Reseller Relationships

1.1 Acceptance

By clicking "I Accept," accessing, registering for, or using the Thevalua real estate valuation platform, the Thevalua mobile inspection application, API, and associated services (collectively, the "Services"), you ("Customer," "User," "Valuer," or "You") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Services.

1.2 Independent Resellers and Distributors

Thevalua operates as an independent software provider. We recognize that you may have procured access to the Services through a separate, independent distributor, reseller, or consulting firm (a "Reseller"). Any Master Subscription Agreement (MSA), Statement of Work, or contract you signed with a Reseller governs your commercial, financial, and project-management relationship with that Reseller. However, these Terms form a direct, legally binding agreement between You and Thevalua specifically regarding your access to, acceptable use of, and restrictions within the software itself. No Reseller has the authority to alter, waive, or supersede these Terms on Thevalua's behalf.

2. Definitions

• "Thevalua," "We," "Us," or "Our" refers to the independent entity providing the software infrastructure, with corporate operations across Botswana, the GCC, and South Africa.
• "Platform" refers to the Thevalua cloud-based Real Estate Valuation software and associated web environments.
• "Inspection App" refers to the proprietary mobile application provided by Thevalua used by field valuers for property inspections, data collection, and synchronization.
• "Customer Data" refers to any data, property information, valuation models, photographs, geolocation data, or personally identifiable information (PII) uploaded or captured by the User.
• "Authorized User" refers to an individual valuer, employee, or contractor granted access credentials to the Services.

3. Description of Service and Valuation Disclaimer

3.1 Service Overview

Thevalua provides a cloud-based Software-as-a-Service (SaaS) and Platform-as-a-Service (PaaS) solution specifically designed to facilitate real estate valuation workflows. This includes web-based analytical tools and a mobile Inspection App designed to enable on-site property data collection.

3.2 Professional Valuation Disclaimer

Thevalua provides the technological infrastructure to assist in real estate valuation. Thevalua is a software provider, not a licensed appraiser, surveyor, or valuation firm. We do not guarantee the accuracy, market validity, or financial compliance of any property valuation, report, or estimate generated using our Services. You bear sole professional responsibility for the final valuation outputs and any business, lending, or financial decisions made based on data processed through the Services.

4. Mobile Inspection App Terms

4.1 App License and Device Requirements

Subject to these Terms, Thevalua grants you a limited, non-exclusive, non-transferable license to download and use the Inspection App on compatible mobile devices. You are responsible for maintaining compatible hardware and standard mobile data connections necessary for the App to function and synchronize.

4.2 Field Use, Geolocation, and Photography

The Inspection App is designed to collect real-world data, which includes geographic location tracking (GPS), time-stamping, and photographic capture.

• Legal Access: You represent and warrant that your field valuers have obtained all necessary permissions, legal rights, and physical access rights to enter properties, record data, and take photographs.
• Privacy in the Field: You agree to strictly instruct Authorized Users to avoid photographing individuals, sensitive personal property, or restricted areas not strictly necessary for the property valuation, in full compliance with local privacy laws.

4.3 Data Synchronization

Thevalua is not liable for data loss resulting from offline field work that fails to synchronize due to poor mobile connectivity, device failure, or user error. Users are solely responsible for ensuring data is fully synced to the cloud Platform before deleting local copies from their mobile devices.

5. Global Data Protection, Privacy, and Security Compliance

Thevalua explicitly recognizes the critical importance of data privacy and mandates strict compliance with global data protection laws across all jurisdictions in which we operate or store data.

5.1 Strict Compliance with Regional Frameworks

Both Thevalua and the User agree to comply strictly with all applicable data protection and privacy laws relevant to the locations where data is collected, processed, and subjects reside, prominently including:

• GCC Region: The UAE Federal Decree-Law No. 45 of 2021 regarding the Protection of Personal Data (PDPL), and other applicable Gulf Cooperation Council (GCC) data protection regulations.
• South Africa: The Protection of Personal Information Act (POPIA).
• Botswana: The Botswana Data Protection Act.
• Global Frameworks: The General Data Protection Regulation (GDPR) and UK GDPR, where applicable.

5.2 Property and Occupant Data

Because the Services process real estate data, Customer Data may inadvertently include the Personally Identifiable Information (PII) of property owners, tenants, or occupants. You are solely responsible for establishing the lawful basis for collecting this data, providing necessary privacy notices, and managing data subject requests (e.g., the right to deletion or access).

5.3 Data Processing and Security

Thevalua implements industry-standard technical and organizational measures (including encryption in transit and at rest) to protect Customer Data. In the event of a confirmed data breach within our infrastructure, Thevalua will notify you within the strict timelines mandated by applicable law (e.g., within 72 hours).

6. License Restrictions and Acceptable Use

You and your Authorized Users shall strictly NOT:

• Modify, translate, reverse engineer, decompile, or disassemble the Platform or the Inspection App.
• License, sublicense, sell, resell, rent, lease, or distribute the Services to any third party (unless you are an authorized Reseller).
• Use the Inspection App to trespass, violate property rights, or unlawfully surveil any property or individual.
• Attempt to manipulate the underlying algorithms, time-stamps, or GPS security features of the Inspection App to falsify valuation reports or defraud financial institutions.
• Use the Platform to store or transmit malicious code, viruses, or malware.
• Interfere with or disrupt the integrity or performance of the Platform.

7. Account Registration and Security

You are solely responsible for maintaining the confidentiality of all login credentials associated with your account. You are responsible for all activities that occur under your account. You must notify Thevalua immediately at info@thevalua.com of any suspected breach of security or unauthorized access.

8. Fees and Subscription Terms

If you purchased access to the Services directly from Thevalua, you agree to pay all fees associated with your selected Subscription Plan. Subscriptions are billed in advance on a recurring basis. Your subscription will automatically renew, unless canceled prior to the renewal date. If you purchased access through a Reseller, your payment obligations and billing terms are governed solely by your agreement with that Reseller.

9. Intellectual Property Rights

9.1 Thevalua Property

Thevalua (and its licensors) exclusively owns all rights, title, and interest in and to the Platform, the Inspection App, the underlying algorithms, interfaces, and documentation.

9.2 Customer Data

You retain all rights, title, and interest in and to all Customer Data (including your finalized valuation reports and property photos). You grant Thevalua a strictly limited, worldwide, non-exclusive license to host, process, and transmit Customer Data solely as necessary to provide the functionality of the Services to you.

10. Service Availability and Maintenance

We strive to make the Platform available 24 hours a day, 7 days a week. We will use commercially reasonable efforts to notify users in advance of any scheduled maintenance that may cause significant service interruption via in-app notifications or email.

11. Termination and Suspension

11.1 Suspension for Cause

Thevalua reserves the right to immediately suspend or terminate your access to the Services if you are in material breach of these Terms (particularly Section 6 regarding Acceptable Use), if your use poses a security risk to the infrastructure, or if explicitly required by law or a regulatory body.

11.2 Data Deletion Post-Termination

Upon the termination of your account or at the end of your contract duration, Thevalua will permanently and securely delete all Customer Data from our active systems following a standard 30-day retention period, in compliance with global data sanitization standards, unless further retention is legally required.

12. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THEVALUA EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE ACCURACY, FINANCIAL VALIDITY, OR REGULATORY COMPLIANCE OF ANY PROPERTY VALUATION GENERATED USING THE SOFTWARE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEVALUA, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, OR FINANCIAL LOSS DUE TO INACCURATE PROPERTY VALUATIONS OR DELAYED SYNCING. UNDER NO CIRCUMSTANCES WILL THEVALUA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE EXCEED THE TOTAL AMOUNT REMITTED TO THEVALUA FOR YOUR SPECIFIC USER LICENSES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless Thevalua and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of global data protection laws regarding data you collected in the field.
• Professional negligence, errors, or omissions in the valuations you produce.
• Your violation of these Terms (especially Section 6).
• Your violation of any third-party rights, including privacy, trespass, or property access rights.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Botswana, without regard to its conflict of law provisions. Any dispute arising out of or relating to your use of the Thevalua software shall be resolved through binding arbitration in Gaborone, Botswana, or another mutually agreed-upon jurisdiction corresponding to our regional offices.

16. Modifications to the Terms

We reserve the right to modify these Terms to reflect updates to our software or changes in global regulatory laws. If a revision is material, we will provide at least 30 days' notice via the email associated with your account or via an in-app notification. Continued use of the Services post-revision constitutes acceptance of the new terms.

17. Contact Information and Global Offices

For legal inquiries, support, data subject requests, or questions regarding these Terms, please contact us via email at info@thevalua.com or via mail at the relevant regional office below: