By accessing or using the Insyte Tracker platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
These Terms apply to all users of the Service, including company administrators, managers, and any individuals who access the platform under a company account, including field technicians ("Technicians").
These Terms are entered into between Simaura Investments, trading as Insyte Tracker ("Insyte Tracker," "we," "us," "our") and the organisation registering for or administering an Insyte Tracker account ("Customer," "you," "your"). Individual users, including administrators and Technicians, access the Service as authorised users under the Customer's account and are bound by these Terms accordingly.
Insyte Tracker is an AI-powered field operations intelligence platform that analyses video footage submitted by field technicians and generates automated reports covering performance scores, safety assessments, compliance checks, and operational recommendations.
The Service includes access to a web-based dashboard, a field technician mobile application, video storage, AI-generated PDF reports, and related analytics tools.
You agree to provide accurate, current, and complete information when creating an account, and to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must notify us promptly at [email protected] of any suspected unauthorised access to your account.
Access to Insyte Tracker is provided on a subscription basis, billed monthly in advance unless otherwise agreed in writing. Subscriptions renew automatically at the end of each billing period unless cancelled in accordance with Section 16.
Fees are exclusive of applicable taxes, duties, VAT, or similar charges unless expressly stated otherwise. We may use third-party payment processors to process subscription payments, and your use of such processors is also subject to their own terms.
All fees are non-refundable except where required by applicable law, including for partial or unused billing periods following cancellation.
We reserve the right to modify subscription pricing with 30 days' notice. Price changes will take effect from the next renewal period following the notice period. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
Subscriptions are subject to the usage limits, quotas, and features associated with the Customer's selected plan (for example, the number of Authorised User seats, recording hours, or report generation volume), as set out on our pricing page or in the applicable order form. Usage in excess of these limits may require an upgrade to a higher-tier plan or the purchase of additional capacity, and we may notify you and/or restrict further use where a limit has been exceeded.
We reserve the right to suspend access to the Service for accounts with outstanding or failed payments, subject to reasonable notice where practicable.
By using the Service, you agree to:
The Customer is responsible for the acts and omissions of its Authorised Users in connection with the Service as though they were the Customer's own, including compliance with these Terms, appropriate use of account credentials, and any Customer Content uploaded by an Authorised User. The Customer is responsible for ensuring that each Authorised User is aware of and complies with the relevant obligations under these Terms.
You retain ownership of all Customer Content you upload to the platform. By uploading Customer Content, you grant Insyte Tracker a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, modify as technically necessary (for example, for transcoding, compression, thumbnail generation, or format conversion), and process that content solely as reasonably necessary to provide, secure, maintain, and operate the Service, and to improve the Service (including through aggregated, anonymised, or de-identified information), in accordance with these Terms and our Privacy Policy.
You are solely responsible for ensuring that all video footage uploaded to the platform has been collected lawfully and that all necessary consents, notices, or permissions have been obtained from individuals who appear in the footage, in accordance with the laws of your jurisdiction. Insyte Tracker does not determine whether recording is lawful in any particular jurisdiction or circumstance.
Insyte Tracker processes uploaded video as reasonably necessary to provide, operate, secure, maintain, and improve the Service, in accordance with these Terms and our Privacy Policy. We do not disclose or make your video footage available to third parties for their own independent purposes, and all footage is stored securely and deleted according to your chosen retention policy, as further described in our Privacy Policy.
All AI Output is intended to serve as an operational intelligence tool to support — not replace — the professional judgement of your management team. We strongly recommend that all reports, scores, and assessments be reviewed by qualified personnel before being used as the basis for any significant operational, personnel, safety, or compliance decisions.
Insyte Tracker reports should be treated as one component of a broader quality management process. Users are responsible for:
Customers are solely responsible for determining whether and how AI Output may lawfully be used in employment, disciplinary, performance management, termination, remuneration, or other personnel decisions. Insyte Tracker does not make employment decisions and is not responsible for the consequences of any such decisions made by a Customer or its personnel.
The Service provides automated operational intelligence and does not provide legal, engineering, safety, employment, regulatory, medical, or other professional advice. Insyte Tracker does not determine whether a workplace, installation, procedure, or individual is legally or technically compliant. Customers remain solely responsible for obtaining appropriate professional advice and for conducting any inspections or assessments required for their business, industry, or jurisdiction.
Insyte Tracker retains all right, title, and interest in the Service, including its software, algorithms, AI models, prompts, methodologies, workflows, scoring systems, report templates, interfaces, designs, documentation, trademarks, and underlying technology. No rights are granted to the Customer except the limited right to use the Service during the applicable subscription period, in accordance with these Terms. You may not copy, modify, distribute, reverse engineer, or create derivative works based on our platform without our prior written consent.
We may collect and use aggregated, anonymised, or de-identified information derived from use of the Service — for example, for analytics, benchmarking, security, research, and product development, and to improve the Service — provided such information does not identify the Customer or any individual.
You may not, and may not permit any third party to:
The Service may integrate with or rely upon third-party services, APIs, cloud infrastructure, and AI providers. Insyte Tracker is not responsible for failures, outages, changes, or limitations of third-party services that are outside our reasonable control.
We aim to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may occasionally be unavailable due to maintenance, upgrades, or circumstances outside our control. We are not liable for losses resulting from Service downtime, except as required by applicable law.
You may cancel your account at any time by contacting us at [email protected]. Upon cancellation, your access to the Service will continue until the end of your current billing period. Cancellation does not entitle you to a refund for any unused portion of the current subscription period, unless required by applicable law.
We may suspend or restrict your access to the Service, in whole or in part, where reasonably necessary due to: non-payment; a suspected security risk, fraud, or abuse; illegal activity; excessive resource consumption; breach of these Terms; or a threat to the integrity of the platform or to other customers.
We reserve the right to suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or use the Service in a way that could harm other users or our platform.
Following termination, Customer data will be deleted or anonymised within a commercially reasonable period, subject to applicable legal, contractual, and operational retention requirements as further described in our Privacy Policy. Data stored in backups may remain until those backups are overwritten in the ordinary course of our backup procedures. Customers are responsible for exporting any reports or records they wish to retain prior to account termination.
Each party agrees to protect the other party's confidential information with at least the same degree of care it uses to protect its own confidential information of a similar nature, and not less than a reasonable degree of care, and to use such information only as necessary to perform its obligations or exercise its rights under these Terms.
Customer Content, including uploaded compliance documents, SOPs, manuals, procedures, and other operational documentation, is treated by Insyte Tracker as the Customer's confidential information, subject to appropriate security and access controls consistent with our Privacy Policy.
Insyte Tracker's confidential information includes, without limitation, non-public information about the Service, its underlying software, algorithms, AI models, methodologies, pricing, and business operations. The Customer agrees not to disclose such information to any third party without our prior written consent, except as reasonably necessary to use the Service in accordance with these Terms.
This section does not apply to information that: is or becomes publicly available through no fault of the receiving party; was already known to the receiving party without an obligation of confidentiality; is independently developed without use of the disclosing party's confidential information; or is required to be disclosed by law, provided reasonable notice is given to the disclosing party where legally permitted.
Certain features may be identified as beta, experimental, preview, or early-access features. Such features may contain errors, may change, and may be suspended or discontinued at any time, and may not be covered by the standard commitments set out in these Terms.
Except as expressly stated in these Terms, the Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.
To the fullest extent permitted by applicable law, Insyte Tracker and its directors, employees, partners, contractors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of or in connection with:
Our total liability to you for any claims arising under these Terms shall not exceed the total fees paid or payable by the Customer to Insyte Tracker during the twelve (12) months immediately preceding the event giving rise to the claim.
The Customer agrees to indemnify and hold harmless Insyte Tracker, its directors, officers, employees, contractors, and service providers from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:
(a) the Customer's unlawful use of the Service;
(b) the Customer's failure to obtain required recording, notice, consent, or other permissions relating to the recording, monitoring, or surveillance of any individual, including Technicians, employees, contractors, customers, or members of the public, under any applicable recording, surveillance, workplace monitoring, employment, or privacy law;
(c) Customer Content uploaded to the Service;
(d) infringement of third-party intellectual property or privacy rights by Customer Content;
(e) the Customer's employment, disciplinary, safety, compliance, or operational decisions made based on AI Output;
(f) any claim by a Technician or other individual arising from being recorded, monitored, or assessed through the Service at the Customer's direction; or
(g) the Customer's breach of these Terms, including any breach by an Authorised User.
Insyte Tracker will provide the Customer with reasonably prompt notice of any claim for which indemnification is sought, and reasonable cooperation in defending the claim, at the Customer's expense. The Customer may not settle any such claim in a manner that admits liability on behalf of, or imposes obligations upon, Insyte Tracker without Insyte Tracker's prior written consent.
Insyte Tracker shall not be liable for any failure or delay in performance resulting from causes outside its reasonable control, including but not limited to cloud provider outages, internet or telecommunications failures, cyberattacks, natural disasters, government action, war, power failures, strikes, or infrastructure failures.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
We may update these Terms from time to time. We will notify you of significant changes by email or by displaying a prominent notice on the platform. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. Insyte Tracker may assign these Terms to an affiliate, or in connection with a merger, acquisition, corporate reorganisation, or sale of substantially all of its assets.
By creating an account or providing contact information, you agree that Insyte Tracker may communicate with you electronically regarding your account, billing, security, service updates, legal notices, and other matters relating to the Service.
Any provisions which by their nature should survive termination, including provisions relating to intellectual property, confidentiality, indemnification, limitations of liability, payment obligations, dispute resolution, and applicable restrictions on use, will survive termination of these Terms.
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Subject to any mandatory legal rights that cannot be excluded, the courts of South Africa, and specifically the courts having jurisdiction in Gauteng, shall have exclusive jurisdiction over any disputes arising under these Terms.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Insyte Tracker regarding the Service.
If you have any questions about these Terms, please contact us at:
(Insyte Tracker)
Email: [email protected]
General enquiries: [email protected]
Support: [email protected]
Website: www.insytetracker.com
Country: South Africa
Company Registration Number: 2025/821763/07
Registered Address: 64 5th St, Sandown, Sandton, 2031