Terms of Service

Effective date: 2 September 2026

1. Agreement to Terms

By accessing or using the LevelSense platform, website, or any associated services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Services.

These Terms constitute a binding agreement between you (or the organisation you represent) and LevelSense (Pty) Ltd ("LevelSense", "we", "our", or "us").

2. Description of Services

LevelSense provides remote water-level and environmental monitoring solutions, including hardware devices, cloud-based data dashboards, automated alerts, reporting tools, and related support services. The specific scope of Services is set out in your order or service agreement.

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts under South African law to use our Services. By using the Services you represent that you meet these requirements.

4. Account Registration

To access certain features, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Keep your login credentials confidential
  • Notify us immediately of any unauthorised access to your account
  • Be responsible for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Subscription, Fees, and Payment

Use of the Services may be subject to subscription fees as communicated to you during onboarding or in a separate service agreement. Unless otherwise agreed:

  • Fees are billed monthly or annually in advance
  • All fees are quoted exclusive of VAT
  • Invoices are due within 30 days of the invoice date
  • Late payments may attract interest at the applicable legal rate
  • We reserve the right to suspend Services for overdue accounts

Device hire, insurance, connectivity, and monitoring fees are included in your subscription package as specified in your agreement.

6. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable law or regulation
  • Attempt to gain unauthorised access to our systems or another user's account
  • Interfere with or disrupt the integrity or performance of the Services
  • Reverse engineer, decompile, or disassemble any part of the Services
  • Resell or sublicense access to the Services without our prior written consent
  • Upload or transmit viruses, malware, or other harmful code

7. Intellectual Property

All intellectual property rights in the Services — including software, algorithms, dashboards, documentation, and branding — remain the exclusive property of LevelSense (Pty) Ltd. Nothing in these Terms transfers any intellectual property rights to you.

We grant you a limited, non-exclusive, non-transferable licence to use the Services solely for your internal business purposes during your subscription period.

8. Your Data

You retain ownership of all sensor data, readings, and information generated by your devices ("Customer Data"). You grant us a licence to process Customer Data solely to provide and improve the Services.

We handle personal information in accordance with our Privacy Policy and in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA).

9. Data Accuracy and Monitoring Responsibility

While we take all reasonable steps to ensure accurate and reliable data collection, LevelSense does not guarantee the accuracy, completeness, or timeliness of sensor readings. The Services are a monitoring aid and do not replace professional engineering assessments, safety inspections, or regulatory compliance obligations.

You remain solely responsible for any decisions made based on data provided by the Services.

10. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or free from harmful components.

11. Limitation of Liability

To the maximum extent permitted by applicable law, LevelSense shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

Our total aggregate liability for any claim arising under these Terms shall not exceed the total fees paid by you in the three months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or any liability that may not be excluded under the Consumer Protection Act 68 of 2008 or other applicable South African law. Where any exclusion or limitation in these Terms is found to be unenforceable, the remainder continues to apply.

12. Indemnification

You agree to indemnify and hold harmless LevelSense (Pty) Ltd and its officers, directors, employees, and agents from any claims, damages, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Service Availability and Maintenance

We aim to maintain high availability of the platform but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where possible. We are not liable for downtime caused by events outside our reasonable control (force majeure), including natural disasters, power outages, or third-party network failures.

14. Term and Termination

These Terms remain in effect while you use the Services. Either party may terminate the agreement with 30 days written notice unless a separate service agreement specifies otherwise.

We may terminate or suspend your access immediately, without notice, if you breach these Terms. Upon termination, your right to use the Services ceases and we may delete your account data after a reasonable retention period.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or related to these Terms shall first be referred to good-faith negotiation. If unresolved, disputes shall be subject to the jurisdiction of the courts of South Africa.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by updating the effective date above and, where appropriate, notifying you by email. Continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.

17. Contact Us

For any questions regarding these Terms, please contact:

LevelSense (Pty) Ltd
Email: quentin@levelsense.co.za