1. Introduction
   1. We are Plentify (Pty) Ltd, a proudly South African company with registration number 2017/018535/07, and registered address and head office at 5 Oude Molen Park, 7 Oude Molen Rd, Maitland, Cape Town, 7405.
   2. We manufacture the “HotBot” and “SolarBot” devices (“Bots”). HotBot is a smart energy device that connects to your water heater to help save you money, protect your home, and give you control of your hot water. SolarBot is a smart energy device that connects to your inverter to help you use more solar, optimise your battery, and give you control of your home energy system.
   3. The Bots are operated by a web application (“App”) and cloud-based system (“System”), which is owned by us. The Bots may be fitted with sensors (including a flow meter) (“Sensors”), cables (“Cables”) and/or a shutoff valve (“Valve”).
   4. In this agreement, where we refer to the “Service”, we refer to the service that we provide via the App, Bots and System.
   5. This agreement applies to your use of the Service. Please note that you will also need to accept the App terms and conditions (which you will find when you register for the Service), as well as our privacy policy.
   6. We have tried to keep fine print to a minimum, but if you have any questions, please contact [email protected]. All of the clauses are important, but the consequences of some are more important than others. These terms, we have highlighted like this.
2. The ServiceTo use the Service, you will need to have the Bot(s) fitted to your water heater and/or inverter (see clause 3 for installation terms), and you will need to access and sign up for the App.
3. Terms of service

   Select your service arrangement

   • Bot arranged through Plentify
     You ordered your Bot directly through us. You pay us a monthly subscription fee for paid App features.
     
     View terms

     1. Services received
        You receive Bot(s) for your use, installation, and all paid App features.
     2. Subscription Date
        The date on which you subscribe for services through our website (“Subscription Date”). This agreement starts on this date and continues on a month to month basis until you cancel or downgrade.
     3. Upfront fee
        You will need to pay us an upfront fee. This fee will activate your subscription and cover the installation cost of your selected Bot(s).
     4. Free Trial
        You will receive two months of free Service, commencing on the Subscription Date (“Free Trial”).
     5. Monthly Subscription
        1. After the Free Trial, on a monthly basis (in advance) for the duration of this agreement, you will need to pay us a subscription fee which will be presented during your initial purchase (“Monthly Subscription”).
        2. The Monthly Subscription will remain fixed for the 24 month initial term (“Initial Term”), and may thereafter increase once per year, on written notice to you.
     6. Add-ons
        Any additional components or Services requested by you after the Subscription Date will be subject to an additional cost, which will be quoted for at the time.
     7. Ownership
        1. Having a Bot fitted to your water heater or inverter does not mean you own the Bot. We retain ownership of the Bot(s) and, if applicable, any additional ancillary components, subject to clause 3.9. Ownership extends to all replacement, upgraded or substituted equipment supplied by us.
        2. If you opt-in for the Valve, you will own that Valve (as long as you have paid the fee set out at the time of purchase).
     8. Cancellation
        1. The “Cancellation Fee” is R750. The Cancellation Fee has been calculated according to the reasonable costs we will incur in connection with termination (including, for example, deinstallation of the Bot(s), logistics and refurbishment), and will escalate on 1 January of each year in accordance with the consumer price index published by Statistics South Africa (“CPI”).
        2. You may cancel this agreement at any time on 20 business days’ notice sent to [email protected].
        3. We may cancel this agreement at any time on 20 business days’ written notice to you.
        4. If you cancel during the Free Trial, you are not liable for any additional fees.
        5. If you cancel after the Free Trial but during the Initial Term, you are liable for a Cancellation Fee.
        6. If we cancel during the Initial Term, you only pay the Cancellation Fee if either:
           1. You breached this agreement and failed to remedy the breach within the time period set out in clause 11, or the breach was incapable of being remedied;
           2. We suspect that a Bot or its components have been tampered with or are in need of a repair, but you have failed to provide us access to the Bot within 20 business days of the date of first request from us.
        7. After the Initial Term: you do not pay the Cancellation Fee.
     9. What happens after Cancellation
        1. We will no longer need to provide you with access to the Service, and you will need to return the Bot(s) and the Sensors.
        2. We will contact you to arrange for deinstallation, and you must provide access to allow us to deinstall the Bot(s) and Sensors within 30 days of the date of cancellation. If access is not provided within 30 days, Plentify may charge the replacement value of the equipment to you.
        3. While you may use your own service provider for geyser replacements or inverter maintenance, the Bot(s) or its components may only be deinstalled or removed by our accredited technicians.
        4. We may choose, on written notice to you, not to deinstall a Bot and/or the Sensors where we deem (in our sole discretion) that it would not be financially viable to do so (for example, where the cost of deinstalling the components is higher than the value of the components). If we confirm in writing not to deinstall the Bot(s) and/or the Sensors, risk and ownership in and to such components will pass to you, with immediate effect, unless otherwise agreed between us in writing.
     10. Relocation
         1. If you are moving to a new premises and want to take the Bot(s) with you, we can arrange a technician to do this for you. The cost will be quoted at the time and will be for your account.
         2. If you choose not to move the Bot(s), you won’t need to pay the Cancellation Fee (where applicable) if somebody takes over your subscription for the Service; for example if you move out of your house and your subscription is duly transferred by us to the new owner or tenant.
     11. Payment
         We will deduct all amounts owed by you to us in terms of this agreement (including any fees, charges, penalties, call-out fees, cancellation fees and other amounts payable by you) from your credit/debit card.
     12. Warranty
         The Bot(s) are warranted as long as you remain subscribed with payments up to date (and provided that you have not tampered with the Bot(s) or the damage is not caused by you). We are entitled to determine (in our sole discretion) whether the Bot(s) should be repaired or replaced, and you must provide us with reasonable access in order to attend to such repair or replacement.
     13. Refunds
         1. Eligibility for refund
            1. You are only eligible for a refund before your Bot(s) are installed.
            2. To request a refund you’ll need to notify us that you want to cancel your order at least 24 hrs before your scheduled installation. If you notify us within 24 hrs of your installation you will need to pay a R650 callout fee, which will be deducted from your refund.
            3. To request a refund or ask any questions you can contact us at [email protected].
         2. Exceptions
            1. We cannot process a refund after a Bot has been installed. In this instance our cancellation policy will apply as described in clauses 3.8 and 3.9 above.
         3. Refunds
            1. You will be notified once your refund has been processed.
            2. Where possible, you will be refunded to the card you originally used for payment. If a refund to your card is not possible through our payment gateway, then you will need to provide your banking details in order for us to process the refund by EFT.
            3. Refunds will be processed within 10 business days of cancelling your contract, or providing us with your banking details, whichever comes later. Please remember it can take some time for your bank or credit card company to process the refund. If more than 15 business days have passed since we’ve approved your refund, please contact us at [email protected].
     14. Installation
         1. After the Subscription Date, we will (either directly, or through a third party service provider) contact you to arrange installation of the Bot(s), together with the relevant components.
         2. We may, at any time, abandon the installation if we discover that installation is not feasible or if it is not possible. If this happens, we will refund you for any amounts already paid by you to us.
         3. If you are not available during the agreed installation slot, we will charge you a callout fee of R650.
         4. Certain components (for example, the Valve) may require special components or processes specific to your water heating or solar system to function. Our installation partner may not have all parts on hand when they come to install the Bot. If this is the case, they will inform you, and will arrange a second visit (at no additional fee) to complete the installation.
         5. The installation of the Bot(s) does not include addressing any non-compliance or other issues with your hot water and/or solar system, nor issuing any Certificates of Compliance for any plumbing or electrical work.
         6. In cases where minor upgrades would make your hot water system or solar system eligible for Bot(s) and/or Valve(s), our installation partner may quote you directly for the additional work and materials required for such upgrades. Should you choose to accept the quote, you will be contracting directly with the installation partner; as such, the quoted amount will be payable by you directly to the relevant installation partner (and not to us), and will be subject to the terms of the installation partner, as quoted by them. We are not liable for any upgrades or other works agreed between you and an installation partner directly.
   • Bot bought through a Partner
     You bought your Bot through one of our partners (“Plentify Partner”). You have access to the free App features, and you may upgrade to paid App features by paying a monthly subscription fee to us.
     
     View terms

     1. Services received
        You have access to the free App features, and you may upgrade to paid App features by paying a monthly subscription fee to Plentify.
     2. Subscription Date
        The date on which you subscribe for the paid App services through our website (“Subscription Date”). This agreement starts on this date and continues on a month to month basis until you cancel or downgrade.
     3. Upfront fee
        There is no upfront fee.
     4. Free Trial
        Whether you are eligible for a Free Trial is based on the Plentify Partner, and will be communicated to you before subscribing.
     5. Monthly Subscription
        1. On a monthly basis (in advance) for the duration of this agreement, you will need to pay us a subscription fee which will be presented during your initial purchase (“Monthly Subscription”) in order to access the paid App features.
        2. The Monthly Subscription may increase once per year, on written notice to you.
     6. Add-ons
        Any additional components or Services requested by you after the Subscription Date will be subject to an additional cost, which will be quoted for at the time.
     7. Ownership
        1. You (or the Plentify Partner, as applicable) retain ownership of the Bot(s) as per the arrangement between the two of you.
        2. You (or the Plentify Partner, as applicable) retain ownership of the Valve as per the arrangement between the two of you.
     8. Cancellation
        1. You may cancel your Monthly Subscription at any time and downgrade to the free version of the App without any additional fees or penalties.
        2. You may cancel this agreement at any time on 20 business days’ notice sent to [email protected].
        3. We may cancel this agreement at any time on 20 business days’ written notice to you.
     9. What happens after Cancellation
        You will be downgraded to free App access.
     10. Relocation
         If you are moving to a new premises and want to take the Bot(s) with you, and you own the Bot(s), we can arrange a technician to do this for you. The cost will be quoted at the time and will be for your account.
     11. Payment
         We will deduct all amounts owed by you to us in terms of this agreement (including any fees, charges, penalties, call-out fees, cancellation fees and other amounts payable by you) from your credit/debit card.
     12. Warranty
         The Bot(s) are warranted for the period agreed with the Plentify Partner (and provided that you have not tampered with the Bot(s) or the damage is not caused by you). We are entitled to determine (in our sole discretion) whether the Bot(s) should be repaired or replaced, and you must provide us with reasonable access in order to attend to such repair or replacement.
     13. Refunds
         1. You may be eligible for a refund if you purchased the device through a Plentify Partner, as per the agreement between you and the Plentify Partner.
         2. To request a refund or ask any questions you can contact the Plentify Partner directly.
     14. Installation
         Installation will be completed by the Plentify Partner or another Partner of their choosing.
   • Bot provided by a Partner
     A Plentify Partner provided the Bot for your use. You have access to the free App features, and you may upgrade to paid App features by paying a monthly subscription fee to us.
     
     View terms

     1. Services received
        You have access to the free App features, and you may upgrade to paid App features by paying a monthly subscription fee to Plentify.
     2. Subscription Date
        The date on which you subscribe for the paid App services through our website (“Subscription Date”). This agreement starts on this date and continues on a month to month basis until you cancel or downgrade.
     3. Upfront fee
        There is no upfront fee.
     4. Free Trial
        Whether you are eligible for a Free Trial is based on the Plentify Partner, and will be communicated to you before subscribing.
     5. Monthly Subscription
        1. On a monthly basis (in advance) for the duration of this agreement, you will need to pay us a subscription fee which will be presented during your initial purchase (“Monthly Subscription”) in order to access the paid App features.
        2. The Monthly Subscription may increase once per year, on written notice to you.
     6. Add-ons
        Any additional components or Services requested by you after the Subscription Date will be subject to an additional cost, which will be quoted for at the time.
     7. Ownership
        1. The Plentify Partner will retain ownership of the Bot(s).
        2. You (or the Plentify Partner, as applicable) retain ownership of the Valve as per the arrangement between the two of you.
     8. Cancellation
        1. You may cancel your Monthly Subscription at any time and downgrade to the free version of the App without any additional fees or penalties.
        2. You may cancel this agreement at any time on 20 business days’ notice sent to [email protected].
        3. We may cancel this agreement at any time on 20 business days’ written notice to you.
     9. What happens after Cancellation
        You will be downgraded to free App access.
     10. Relocation
         If you are moving to a new premises and want to take the Bot(s) with you, you will need to purchase the Bot(s) directly from Plentify.
     11. Payment
         We will deduct all amounts owed by you to us in terms of this agreement (including any fees, charges, penalties, call-out fees, cancellation fees and other amounts payable by you) from your credit/debit card.
     12. Warranty
         The Bot(s) are warranted for the period agreed with the Plentify Partner.
     13. Refunds
         You are not eligible for any refunds.
     14. Installation
         Installation will be completed by the Plentify Partner or another Partner of their choosing.
4. Intellectual PropertyExcept to the extent owned by our third party manufacturers or service providers, we own all rights in and to the intellectual property relating to the Service, including the Bot, the Sensors, the Valves, the App and the System.
5. EligibilityIn certain cases, we set eligibility requirements that you must meet to use the Service. For example, where consumers are signing up for the Service as part of a Plentify project (“Project”), we may choose to only install a Bot if there are a minimum number of people using the consumer’s water heater. You warrant (promise) that you meet all eligibility requirements that we may have set (you would have been notified of these on or before the Subscription Date). If your situation changes at any time during this agreement, you must email [email protected] as soon as possible.
6. Your Obligations
   1. You warrant (promise) that you are authorised to enter into this agreement, as well as to accept the benefits and to perform your obligations in respect of this agreement. This may require you getting written consent from your landlord.
   2. You must not remove any notices, labels or warnings from the Bot(s) or their components and must obey all such notices, labels and warnings.
   3. The Bot(s) can be installed outside, but must not be exposed to steam or submerged in liquid.
   4. We may insist that you service the Bot(s) from time to time, at our cost. You will cooperate with us to do this, for example by coordinating a suitable time for an accredited technician to visit your home, and by providing access.
   5. If you detect any issues with the Bot(s), please contact [email protected] timeously so we can investigate the issue and facilitate a callout (if necessary).
   6. Your nominated service provider may replace your water heater or maintain your inverter, but only service providers appointed by us may replace, inspect, test or work on the Bot(s) and their components. Any callout fees to fix the work of an unauthorised person will be for your account. You will also need to pay us a penalty (see 6.8).
   7. You must ensure that the Bot(s) and their components are not modified, adapted, tampered with, bypassed, or reverse engineered in any way.
   8. You will need to pay us a R3,000 penalty (escalating on 1 January of each year in accordance with CPI) if a Bot or its components are damaged by an unauthorised person.
   9. While some Bots support cellular connectivity, how consistently they actually communicate will depend on signal availability, quality and reliability, which can evolve with the cellular networks over time. For this reason, all Bots do require a stable Wi-Fi internet connection in order to function reliably. You are responsible for ensuring this is available where needed. Failure to maintain connectivity may materially impair service performance and will not constitute a fault in the Bot or Service.
7. Faults
   1. If we are called out to inspect, repair or replace a Bot or any of its components and:
      1. a fault is found, then the cost of the callout will be for our account (provided you are still subscribed for the Service, are up-to-date with all payments due to us, and the Bots are still covered by the Warranty); or
      2. no fault is found, or a fault is found but one of the exclusions in clause 7.2 below apply, then you will need to pay us:
         1. a callout fee of:
            1. R650, during business hours; and
            2. R950, outside business hours; plus
         2. additional time beyond the first hour, calculated at:
            1. R550 per hour, during business hours; and
            2. R825 per hour, outside of business hours; plus
         3. the cost of the materials required to fix the fault.
   2. We will never be responsible for faults:
      1. caused by faulty geysers or geyser components; secondary geyser timers; ripple controllers; inverters, battery and solar systems and their components; electrical supply issues; and broken thermostats; whether arising before, at the time of, or after installation;
      2. arising from or attributable to you not fulfilling any of your obligations to us;
      3. that are caused by circumstances beyond our reasonable control, including (amongst other things) a strike, lock-out, fire, explosion, flood, riot, war, accident, embargo, lockdown, a pandemic, epidemic, or widespread disease, civil commotion, unrest or disturbance, cessation of labour, acts or omissions of any governmental authority, changes to any laws, degradation or cessation of cellular network services by third-party network providers, wide-spread or long-lasting electrical outages, or any other cause, event, circumstance or contingency beyond our reasonable control (“force majeure event”);
      4. which arise during or after you or an unauthorised person has tampered with a Bot, the Sensors, the Valve or any other components of a Bot; and/or
      5. due to power surges or any damage, malfunction or failure resulting from misuse, neglect, abuse or use for a purpose for which a Bot or its components are not designed.
   3. Amounts listed in clause 7.1 above are subject to a market-related increase (in our discretion) each year. We will notify you of increases upon enquiry.
8. Appliance Replacement or Repair
   1. In cases where your geyser or inverter is replaced or repaired, we suggest using an accredited technician to complete the work, so they can reconnect the Bot to your geyser or inverter.
   2. If your geyser or inverter is not replaced or repaired by an accredited technician, you will need to pay a call out fee of R650 for an accredited technician to reconnect the Bot.
   3. Contact us on [email protected] and we’ll connect you with a list of accredited technicians in your area.
9. Appliance Operation and Usage Data
   1. You consent to us:
      1. adjusting when your water heater draws power and how your inverter operates to save you money while (i) enabling more solar energy use, (ii) providing you with protection from power outages, (iii) reducing reliance on dirty and expensive grid electricity during peak usage periods, (iv) reducing the risk of load shedding, and/or (v) providing other services to an electricity system; and
      2. sharing certain data about your use of the Service (including your system and measurement data) with third parties:
         1. Where you have an established relationship with the third party (for example, your solar company or installer), and you have consented to them accessing your data (for example, for providing maintenance services), then your name, address and summarised usage data may be shared.
         2. Where you do not have a relationship, usage data is anonymised and aggregated, and cannot be used to identify you. We collate the usage data we collect and use it to improve the Bot(s) and Service and to report on the effectiveness of the Service to existing and prospective partners.
10. Personal Information
    You acknowledge that we will be processing your information (which includes personal information) in relation to this agreement and your use of the Service:
    1. in connection with your registration for the Service, we process:
       1. your name and identity number to perform soft credit checks to establish your credit worthiness; this will not affect your credit score;
       2. your name, email address and payment information to contact you, facilitate the transactions and to begin the process of getting the Bot(s) installed;
       3. your hot water system and inverter details to determine your eligibility for Bot(s);
    2. in connection with installation of the Bot(s), we process:
       1. your name, physical address and contact information in order for our partners to contact you and install the Bot(s);
       2. your hot water, inverter, battery and solar system details, data and photos to validate your installation and optimise the Bot(s);
    3. in connection with your registration on the App, we process:
       1. your contact information to set up alerts and stay in touch;
       2. your hot water, inverter, battery and solar system details, your desired hot water times and energy automations to better optimise the Bot(s);
    4. in providing the Service, we process:
       1. sensor data from the Bot(s) to optimise your service, detect and notify you of issues, to develop and market new products or services, and to report on service performance to our partners.
    5. in connection with payment, we process:
       1. your name, payment, and contact information in order for our payment provider to contact you to complete payment or investigate irregular transactions.
    6. You consent to us sharing your name, physical address and contact information with our installation partners so that they can reach out to schedule the installation of the Bot(s) and so that they can assist with callouts.
    7. You must notify us timeously if any of your details change. In particular, you must notify us within 3 business days if your payment details change.
    8. Please visit our privacy policy for full details on how we process personal information.
11. Breach and Misuse of the Service
    1. If you breach this agreement, including, by failing to pay any amounts due to us from time to time (including where a debit order on your account is unsuccessful) on the due date for payment, we may, without prejudice to any of our other rights, suspend your access to the Service. If you fail to remedy your breach within 14 days of receiving a written demand from us to do so, we may, without prejudice to any of our other rights, terminate this agreement.
    2. You will pay us for any losses, damages, costs, liabilities and expenses, including legal or collection costs, that we incur arising out of your use, or misuse of the Services or breach by you of this agreement.
    3. If you do not comply with this agreement and we do not take immediate action, this does not mean that we waive any of our rights; we will remain entitled to take action against you in the future.
12. Disclaimer and Limitation of Liability
    1. We make no guarantees as to the quality or suitability of the Service for any particular purpose, that the Service will fulfil your specific needs, or that you will enjoy any particular saving by using the Service. The savings generated from the Service are dependent on a variety of factors, including your hot water system, hot water usage patterns, energy infrastructure and usage patterns.
    2. We do not warrant (promise) that the Service (including access to the System and the App) will be uninterrupted or error-free, or free of viruses or other harmful components.
    3. The Service is provided to you at your own risk. In the unlikely event that you experience loss or damage in connection with your use of the Service, we will not be responsible to make good any such loss or damages, unless caused by our gross negligence or wilful misconduct. Our liability to you, if any, arising out of, or in connection, with the Service or our, or any relevant third party service providers, will be limited to the total amount paid by you in respect of the Service for the 6 month period before the date upon which you first notified us in writing of your claim. We strongly recommend that you take out and maintain adequate home or other insurance.
    4. We will not be responsible for any failure to perform/delay in performing our obligations if it is caused by a force majeure event.
13. General Provisions
    1. Governing Law
       This agreement shall be governed by and interpreted in accordance with South African law. You hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town, in respect of any disputes arising out of or relating to this agreement.
    2. Legal Notices
       Legal notices will be served on you at the e-mail address, or physical address, you provide to us when you register for the Service. Notices will be presumed to have been delivered to you on the date and time of despatch as recorded by the computer of the sender, or date of delivery at your physical address.
    3. Interpretation
       In this agreement:
       1. all Rand amounts are inclusive of value-added tax;
       2. a reference to any other agreement or document shall be to such agreement or document as amended;
       3. clauses shall continue to operate after the termination of this agreement if necessitated by their nature;
       4. “business day” means a day which is not a Saturday, Sunday or a public holiday in the Republic of South Africa, and “business hours” means the hours between 08h00 and 17h00 SAST on a business day;
       5. the words “include”, “including” and “in particular” are by way of example only and shall not limit the generality of any preceding words;
       6. the words “other” and “otherwise” shall be interpreted as widely as possible and will not be limited by any preceding words;
       7. a South African law process shall, if a party is subject to another jurisdiction’s law, be interpreted in relation to that party as including an equivalent or analogous proceeding under such other law; and
       8. if any provision becomes illegal, invalid or unenforceable, such provision shall be severed, to the extent of its illegality, invalidity or unenforceability, from the balance of this agreement.

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