1. Definitions
“Solara.Home” means the software platform, application, services, interfaces, features and documentation supplied by the Developer to the Client. “Unit/Household” means each residential unit forming part of the property or portfolio covered by the Client’s access. “Freemium Services” means the limited basic platform services provided at no subscription charge. “Freemium Term” means the initial period of twelve (12) months from the Activation Date. “Partners” means advertisers, sponsors, technology and commercial partners of the Developer. “Competing Business” means any business or platform that materially competes with Solara.Home.
2. Purpose and basic services
The Developer provides Solara.Home as a software platform for residential-property and community operations. During the Freemium Term the Client receives the basic service and basic features designated for the Freemium offering, as a standard, non-customised service in its then-current configuration.
3. Freemium commercial terms
No monthly subscription fee is payable during the twelve (12) month Freemium Term. The Freemium Services are not charged per unit or per household, and basic Freemium onboarding does not carry a setup fee. The Freemium Term is limited to twelve months; any paid subscription, premium or custom service afterwards must be agreed separately in writing.
4. Advertising and sponsored content
The Freemium Service is not ad-free. Advertising, sponsored content, promotional placements and partner offers may be displayed within or in connection with Solara.Home. The Developer may determine format, placement and frequency, subject to applicable law. Advertising is a material component of the Freemium commercial model and is not a breach of the free-service commitment.
5. Data sharing and partner access
Freemium data is not exclusive or private to the Client as between the Client and Solara.Home’s authorised ecosystem partners. Information processed through the platform may be shared with or accessed by authorised Partners for platform, operational, commercial, advertising, analytics and service-delivery purposes. Nothing authorises unlawful disclosure of personal information; all processing remains subject to POPIA and applicable data-protection law.
6. Included basic access
The Client may access the basic platform and the standard features designated by the Developer as part of the Freemium offering, subject to reasonable technical, security and lawful-use requirements, and may invite and manage authorised users within the functionality made available.
7. No updates during the Freemium Term
The Freemium Service does not include product updates, feature releases, enhancements or upgrades during the twelve-month term. General platform deployments for security, infrastructure, legal or operational reasons do not create an ongoing update commitment.
8. No maintenance during the Freemium Term
The Freemium Service does not include scheduled, preventative, optimisation or client-specific maintenance. Client-specific fixes and configuration changes fall outside the Freemium Services unless agreed in writing.
9. No support during the Freemium Term
No dedicated technical support, account management, priority support, response-time commitment, uptime guarantee or SLA applies. General help information may be provided at the Developer’s discretion without creating a support obligation.
10. No custom adjustments or requests
No custom feature development, integrations, workflow changes, bespoke reports, custom dashboards or design changes are included. Requests may be declined or separately quoted, and any approved custom work requires a separate written scope or quotation.
11. Client responsibilities
The Client shall provide accurate information and reasonable cooperation for onboarding, ensure lawful use of the platform, remain responsible for authorised user access, credentials and content, and shall not circumvent technical, security or access controls.
12. Licence and 13. Intellectual property
The Client receives a limited, non-exclusive, non-transferable right to access and use Solara.Home during the Freemium Term. The Client may not copy, resell, sublicense, reverse engineer or commercially exploit the software. All intellectual property in Solara.Home remains the exclusive property of the Developer; Client-supplied data remains the Client’s property.
14. Data protection and 15. Information security
The parties comply with POPIA and applicable data-protection law and implement reasonable safeguards, access controls, authentication, backups and monitoring, and shall promptly notify each other of confirmed material security incidents.
16. Confidentiality and 17. Non-circumvention
Each party keeps the other’s confidential information confidential. The Client shall not bypass the Developer by engaging a third party to reproduce, develop or commercialise Solara.Home or its proprietary technology without prior written consent.
18. Restraint of trade and non-compete
During the term and for twenty-four (24) months after expiry or termination, the Client shall not directly or indirectly establish, operate, finance, control or materially assist a Competing Business where doing so would use the Developer’s confidential information, proprietary technology, trade secrets or protected relationships, within South Africa and any territory in which Solara.Home was actively marketed. Related parties may not be used to circumvent this clause; the restraint survives termination and applies only to the extent reasonably necessary.
19. Penalties for breach
A material breach of the confidentiality, non-circumvention, non-compete, intellectual-property or data-use obligations attracts an agreed contractual penalty of R250,000.00 per material breach, plus R10,000.00 per calendar day for a continuing breach after written notice, subject to the Conventional Penalties Act 15 of 1962. The Developer may also seek urgent interdictory relief.
20. Term and expiry
The Freemium Term runs for twelve (12) months from the Activation Date and expires automatically unless a separate paid subscription or written arrangement is concluded. Expiry does not create a payment obligation and does not extinguish provisions that survive by their nature.
21. Governing law
This Agreement is governed by the laws of the Republic of South Africa.