We have tried to keep the fine print to a minimum, but if you have any questions, please contact firstname.lastname@example.org. All of the clauses are important, but the consequences of some are more important than others. These terms, we have highlighted like this.
1 About these terms
1.1 Who we are
The App is operated by Plentify (Pty) Ltd.
1.1.1 The App is owned and operated by Plentify (Pty) Ltd. Our registration number is 2017/018535/07. Our address is 407-4 Woodstock Exchange, 66 Albert Rd, Woodstock, Cape Town. We will refer to ourselves as ‘Plentify’, ‘we’, ‘us’ or ‘our’.
1.1.2 When we refer to ourselves we include our shareholders, directors, agents, officers and employees.
1.1.3 You can contact us at email@example.com.
1.2.1 These terms apply to (and are binding and enforceable against) all downloaders and users of the App.
1.3 South African law applies
1.3.1 Plentify is a South African company governed by South African law. If you want to raise any issue with us or if you have a dispute for any reason, then South African law will apply.
1.4 Use of the App is indivisibly inter-related to an underlying service agreement
1.4.1 You will only be able to sign up to use the App if we have validly entered into a separate service agreement (‘Service Agreement’) with either (i) you directly, or (ii) your service provider (for example, your body corporate, landlord, utility provider or insurer) (‘Service Provider’).
1.4.2 There must be an underlying Service Agreement in place for you to use the App. In other words, if the Service Agreement terminates (for whatever reason) so will your access to the App.
1.5 These terms might change
1.5.1 We may make changes to these terms from time to time, but will always notify you in writing of any changes. Accessing and/or using the App following an update to these terms constitutes your acceptance of the terms, as amended.
1.5.2 No extension or waiver of any of the provisions of these terms are binding unless we agree in writing. In other words, just because we decide not to act if you are in breach of these terms or the Service Agreement, doesn’t mean that we have waived the right to act in future.
2. What are you getting
2.1 What the App does
The App, together with the HotBot device or other controller (the equipment which monitors and controls your water heater and communicates with us) (‘Device’), allows you to monitor and control your water heater online.
The primary function of the App is to enable you to:
2.1.1 track your savings in real-time;
2.1.2 personalise your hot water schedule; and
2.1.3 control your water heater remotely.
2.2 The system monitors and controls your water heater
The App is part of a broader system which monitors the health of your hot water system and personalises when your water heater turns on and off.
2.2.1 The broader system monitors the health of your hot water system so that we can alert you and / or your service provider of issues with your water heater.
2.2.2 The system turns your water heater on and off with the goals of (i) providing you with hot water, (ii) reducing the cost of electricity, (iii) creating a more affordable and reliable electricity system, and (iv) minimising the amount of damage caused where there is an issue with your water heater.
2.2.3 We are constantly improving our algorithms and our service offering, and may adjust the operation of your water heater from time to time to better achieve these goals.
2.2.4 Where the Device suspects a leak or other issue with your water heater, we may turn off your water and electricity supply (or take such other action as may be necessary in the circumstances) to attempt to minimise the amount of damage caused by the issue.
2.2.5 We may turn your water heater on and off from time to time in an effort to deliver energy cost savings to you and/or your electricity supplier ( e.g., the municipality).
2.3 This may change
2.3.1 We may change or add to the functionality of the App from time to time.
2.3.2 While we will always try to make sure the App is always available and that updates occur as smoothly as possible, there may be some interruptions in the services which result in some inconvenience.
3. Your responsibilities
You have the right to use the App, but you also have some responsibilities.
3.1 While the App is free to access for Plentify users with Devices installed (and, of course, an underlying Service Agreement in place), using it is not. You are responsible for everything you need to use the App, including, for example, making sure your premiums are up to date with your Service Provider, and ensuring that you have enough data for the App to function.
3.2 You must ensure that your mobile device supports the App:
3.2.1 The App caters for updated versions of common desktop and mobile browsers. If you have an older browser or operating system, the App may not work properly.
3.2.2 The App is designed to operate on mobile devices according to their manufacturer’s specifications. If you have modified your mobile device or its operating system, the App may not work properly (or at all).
3.3 While we will do our best to assist with any queries you may have, it is your responsibility to understand how the Device and the App work.
3.4 You must respect our intellectual property. This means that:
3.4.1 We own or are licenced to use all intellectual property rights in and to the App, including all data, information, designs, materials, text, drawings, data, software, names, logos and service marks (‘the Materials’).
3.4.2.You don’t have or acquire any intellectual property rights to the Materials, and you may only use the Materials to the extent necessary to enable you to make use of the App. If you want to use the Materials for another purpose (e.g. commercial purposes), you must obtain our prior written permission. Please send your request for permission to firstname.lastname@example.org.
3.5 Remember to log out from the App if you transfer or sell your mobile device to someone else.
3.6 You must help us keep your information secure by protecting your login details and passwords. If you have reason to suspect that your password or account has been compromised, you should immediately change your login details and notify us at email@example.com. If this happens, we might temporarily suspend your access to the App to restrict unauthorised access while we investigate.
3.7 You must not do anything to damage the App, including:
3.7.1 using or attempting to use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or monitoring of the App;
3.7.2 using or attempting to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to unlawfully and without our knowledge navigate or search the App, other than the search engines and search agents available through the App and generally available third-party web browsers;
3.7.3 posting or transmitting any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the App;
3.7.4 attempt to decipher, decompile, or reverse-engineer any of our software.
3.8 If the third party that we have entered into the Service Agreement with notifies us that you are in breach of your agreement with them, we may suspend your access to the App until the breach is remedied.
3.9 Similarly, we may also suspend and/or terminate your access to the App if:
3.9.1 you don’t comply with these terms, or
3.9.2 you have entered into a Service Agreement directly with us and you don’t comply with the Service Agreement.
4. What are we not responsible for (the fine print)
4.1 We cannot guarantee 100% uninterrupted service
Sometimes, despite our best efforts, you may be unable to access the App, the App may not be able to communicate with the Device (the equipment which monitors and controls the water heater and communicates with us) or something else may go wrong.
4.1.1 While we will do everything we can to keep the App up and running, we cannot guarantee that you will always have uninterrupted access or that the App and the Device will always be able to communicate with each other.
4.1.2 If the App goes go down, this is what may happen:
22.214.171.124 We may be unable to calculate your savings. If you are buying hot water as a service, this means that we will not be able to calculate the monthly fee payable in terms of the Service Agreement. If this happens we will assume that your average consumption applied during the period that the App was down.
126.96.36.199 If, for whatever reason, the communication between the App and the Device is interrupted, we may temporarily activate the electric element to ensure that your hot water supply is not interrupted. This may decrease your savings.
188.8.131.52 If we cannot activate the electric element remotely, there may be times during your hot water schedule where hot water will not be available.
4.1.3 We are not responsible for any error, delay or cost (or decline in savings) that may arise due to the temporary unavailability of the App, issue with the Device, or an interruption in the communication between the Device and the App.
4.2 Liability and Indemnity
4.2.1 We are not responsible for any loss or damages you suffer from your use of the App or the Device (or from an interruption, suspension and/or termination of your access to the App or the Device). We are also not responsible for any loss or damages you suffer as a result of any conduct of your Service Provider or any third party.
4.2.2 You assume total responsibility for your use of the App.
4.3 Protect yourself
You must make sure that you protect yourself from cyber threats.
4.3.1 You are responsible for your own security when you use our App. For instance, it is your responsibility to ensure that your computer hardware and software is updated and protected.
4.3.2 Although we will try to prevent it from happening, we are also not responsible for any loss or harm caused by malicious code (such as a virus) which may come from this App.
5. Your personal information
5.1 Your privacy is important to us
Protecting your personal information is important to us.
5.1.1 We collect your personal information during the assessment, sign up and installation phases of our relationship (and when you otherwise send us any personal information). This includes your name, contact information, information about your hot water usage and hot water system, physical attributes about your house and all the personal information required to process payments (if applicable in your Service Agreement). We also collect information about how your water heater operates and is used during our relationship. All of this information is required to make the transaction between us possible.
5.1.2 We will do our best to protect your information against unlawful access and will comply with the applicable data protection legislation, including the Protection of Personal Information Act, 2013.
5.1.3 You can help us to protect your account from unlawful access by ensuring that you use the App securely, for instance by selecting a strong password and keeping your account details private.
5.2 Who you are sharing your information with
We will, from time to time, share your personal information with your Service Provider so that we can serve you.We may also share your personal information with our own service providers and suppliers who help us deliver the services to you.
5.2.1 By signing up to use the App, you consent to us sharing information about the health and performance of your hot water system with your Service Provider. We will provide the minimum information required for them to deliver their services to you.
5.2.2 We will not use your personal information for any other purposes other than as set out in these terms (or otherwise agreed by you) and we will certainly not disclose any information unless we are required to do so by law or if we have to use third parties to make the services available to you (and then only if they have undertaken to keep your information confidential). Some of our service providers may be located in other countries that may not have the same levels of protection of personal information as South Africa does. If this is the case, we require that they undertake to use appropriate safeguards in processing your personal information .
5.2.3 Sometimes we will be required by law to share your information. For instance, if we receive a valid warrant.
5.3 What information we collect and why
Almost all of the information we collect, we collect directly from you to enable us to deliver the services you signed up for.
5.3.1 When your Device is installed and you create an account on the App, we collect information such as your contact details, information about your hot water system and usage preferences, in order to communicate with you when needed and personalise your water heater’s operation.
5.3.2 While you use your water heater we will collect information about your water and energy usage via the Device . This information is used to provide our services to you by, for example, identifying issues with your water heater, calculating your savings and reducing energy costs, monitoring the health of the water heater, detecting tampering and other indicators of abnormal use, improving and adding to our equipment and services (and their reliability) and to allow you to personalise your water heater’s operation.
5.3.3 These are the types of communications you can expect from us:
184.108.40.206 You will receive service notifications (e.g. about alerts relating to the Device, App updates, planned maintenance, etc.).
220.127.116.11 We will give you advice on how to save more or when potential issues with your hot water system are detected by sending you notifications, text messages and/or emails.
18.104.22.168 We may offer you other products and/or services and will let you know if your specific needs would be better served by other products and/or services that we offer. You can elect not to receive this type of notification.
5.3.4 We will send you our newsletter, but only if you asked us to. You can unsubscribe at any time.
5.3.5 We collect information about your use of the App, your internet connection and your mobile device in order to improve the App’s performance.
5.3.6 Anonymised, de-identified information is used for statistical, insight and research purposes and to generally improve the App, the Device and/or our service offering.
5.4 We take reasonable security measures
We take your privacy and the security of your personal information seriously.
5.4.1 We have implemented reasonable security safeguards based on the sensitivity of the personal information to protect it from loss, misuse and unauthorised access, disclosure, alteration or destruction. For example we regularly monitor our systems for possible vulnerabilities and attacks.
5.4.2 Unfortunately no system is perfect, and we cannot guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.
5.4.3 Although we cannot prevent all security threats, we have measures in place to minimise the threat to your privacy should something happen. We promptly let you know of any breaches which affect your personal information.
5.5 Your rights and responsibilities
You have the right to know what information we have about you, to correct it, and to opt out of marketing.
5.5.1 You have the right to ask:
22.214.171.124 what personal information we have about you;
126.96.36.199 what information we sent to your Service Provider, our suppliers, service providers or any other third party;
188.8.131.52 us to update, correct or delete any out-of-date or incorrect personal information;
184.108.40.206 to unsubscribe from our newsletter or any other direct marketing;
220.127.116.11 object to the processing of your personal information.
5.5.2 You can contact us at firstname.lastname@example.org if you have any questions or comments about the way we process your personal information. It can take us up to 5 business days for us to respond to your request. We ask for your patience in this regard.
5.5.3 In certain cases we may require proof of your identity in order to combat fraud, or if otherwise required by law.
5.5.4 Changes to your information may be subject to additional requirements to prove that the new information is correct.
[Last updated on 12 February 2021]