LegalTerms

Terms of Service

The agreement covering the Riskscape website, Console, APIs, data products and reports - and the master document the other policies form part of.

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These Terms of Service (the Terms) govern access to and use of the Riskscape website, Console, application programming interfaces, data products, downloadable datasets, reports, maps, software features, support, and related digital services (collectively, the Services).

The Services are supplied by Riskscape (Pty) Ltd, registration number 2012/131998/07, a private company registered in South Africa (Riskscape, we, us, or our).

By creating an account, accepting an order, clicking to accept these Terms, or using the Services, you agree to these Terms. If you use the Services for an organisation, you confirm that you are authorised to bind that organisation. In that case, you and Customer refer to that organisation.

Our Privacy Policy, Billing and Payment Policy, Refund Policy, Cancellation Policy, and Acceptable Use Policy form part of these Terms. An order form, plan description, data licence, statement of work, or other written agreement accepted by Riskscape may contain additional terms. If there is a conflict, the more specific written agreement applies to the subject it covers.

1. About the Services

Riskscape provides spatial actuarial and geospatial intelligence, including risk data and analysis, property and financial data, mapping and search tools, climate-risk information, elevation models, address and geocoding services, APIs, data-delivery pipelines, reports, and downloadable datasets. Available products, data fields, geographic coverage, usage limits, and delivery formats are described in the relevant plan, product page, quote, or order.

The Services are digital. Delivery may occur through immediate Console access, activation of API credentials, a secure download link, a secure file-transfer channel, or another electronic method stated in the order. No physical delivery is made unless an order expressly says otherwise.

2. Eligibility and accounts

You must be at least eighteen (18) years old and legally capable of entering into a binding agreement. You must provide accurate, complete, and current registration and billing information.

You are responsible for:

  • all activity under your account, including activity by authorised users;
  • protecting passwords, API keys, tokens, and other credentials;
  • assigning only the access each user needs and promptly removing access when it is no longer required;
  • notifying us immediately at info@riskscape.pro if credentials are lost, disclosed, or used without authorisation; and
  • ensuring that your use and your users' use complies with these Terms and applicable law.

You may not share a personal login. You may permit employees and contractors to use the Services for your benefit if your plan allows it and you remain responsible for them.

3. Orders and electronic contracting

The product page, Console, quote, or order will state the applicable service description, price or pricing method, currency, taxes, billing basis, delivery method, and material plan restrictions. Before placing an online order, you are be able to review the transaction, correct mistakes, and withdraw.

An order is accepted when we confirm it electronically or activate the relevant Service. Electronic acceptance and records have the same effect as written acceptance to the extent permitted by law.

If you ask us to activate an API, subscription, or download immediately, you expressly request performance to begin immediately. Where permitted by law, a cooling-off right may not apply after performance begins with your consent. Nothing in these Terms limits a right that applicable law does not allow us to exclude.

4. Plans, usage, and service changes

Services may be offered as:

  • a recurring subscription;
  • prepaid credits or a committed allowance;
  • metered or pay-as-you-go usage billed in arrears;
  • a one-time data or download purchase; or
  • a custom enterprise order.

Usage is measured using our service records, such as successful or billable API requests, data units, records, downloads, processing volume, or another metric shown for the plan. Rate limits, quotas, geographic coverage, and product availability may differ by plan.

We may improve or modify the Services. We will not materially reduce paid core functionality during a committed term without reasonable notice, unless a change is necessary for security, law, third-party rights, data-source restrictions, or to address an urgent operational risk. If a material reduction substantially affects your paid use and we cannot offer a reasonable alternative, your remedy is to terminate the affected Service and request any refund required by the Refund Policy or applicable law.

Any availability target or service-level commitment applies only if it appears in your plan or written agreement. Public performance statements are not a contractual service-level agreement unless expressly incorporated into your order.

5. Fees and payment

You must pay the fees and taxes shown at checkout, in the Console, or in your order. Depending on the plan, we may charge in advance, in arrears based on usage, on reaching a billing threshold, or on a recurring billing date.

Payments may be processed by Paystack or another disclosed payment provider. Riskscape does not receive or store your full card number or card security code when you use a provider-hosted payment flow. Payment processing is also subject to the provider's applicable terms and privacy notice.

You authorise us and our payment provider to charge your selected payment method for the disclosed purchase, recurring fees, metered usage, taxes, and other amounts properly due under your plan until the relevant Service is cancelled. Billing, failed-payment, price-change, and dispute rules are set out in the Billing and Payment Policy.

6. Cancellation and refunds

You may cancel as described in the Cancellation Policy. Cancelling a subscription normally prevents renewal and does not reverse charges for the current billing period or usage already incurred. Approved refunds are governed by the Refund Policy.

7. Customer data and instructions

Customer Data means data, files, queries, locations, coordinates, identifiers, or other content that you or your users submit to the Services. As between you and Riskscape, you retain your rights in Customer Data.

You grant Riskscape and its operators a limited right to host, copy, transmit, process, and otherwise use Customer Data only as needed to provide, secure, support, and improve the Services; comply with your documented instructions; enforce these Terms; and comply with law. We may create and use aggregated or de-identified information that does not reasonably identify you or another person.

You confirm that:

  • you have all rights, permissions, notices, and lawful grounds needed for Customer Data and our processing of it;
  • your instructions will not cause us to breach law or third-party rights;
  • you will not submit restricted or highly sensitive information unless the applicable Service and a written agreement expressly permit it; and
  • you will comply with the Acceptable Use Policy.

Where Riskscape processes personal information on your instructions, you are generally the responsible party and Riskscape is the operator for POPIA purposes, unless the context or a written agreement requires otherwise. A separate data-processing agreement may apply.

8. Riskscape data, output, and licence

The Services, software, APIs, documentation, models, designs, databases, methodologies, and Riskscape-provided data are owned by or licensed to Riskscape and are protected by intellectual-property and other laws.

Subject to payment and these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the purchased Services and output for your internal business purposes during the applicable access period. You may incorporate permitted output into internal analysis and decisions. Your plan, product terms, data licence, or order may grant broader or narrower rights and will control.

Unless expressly permitted in writing, you may not:

  • resell, sublicense, publish, distribute, or make Riskscape data or substantial extracts available to another person;
  • use the Services to create a substitute or competing database, model, API, or product;
  • remove ownership, attribution, or rights-management notices;
  • reverse engineer or attempt to discover non-public source code, models, scoring logic, or datasets; or
  • use automated means to extract data outside the documented API or download functions.

Downloaded data may be retained and used only for the period and purposes allowed by the relevant plan or order. Cancellation ends API and Console access but does not change a licence expressly granted as perpetual in a written order.

If you give us feedback, you permit us to use it without restriction or payment, provided we do not identify you publicly without permission.

9. Third-party data and services

Some Services depend on third-party data, hosting, software, maps, payment services, or other suppliers. Third-party rights and restrictions may apply and will be disclosed where material. We are not responsible for an external service outside our control, but this does not limit responsibility that applicable law places on us.

Paystack processes payments as an independent payment-service provider. Riskscape remains the merchant responsible for the Services, digital delivery, customer support, cancellations, refunds, and transaction disputes.

10. Data limitations and customer decisions

Risk, climate, property, valuation, address, financial, geospatial, and modelled outputs involve assumptions, source-data limitations, changing conditions, uncertainty, and possible errors. Coverage and accuracy vary by product, location, time, and source.

Unless a written order expressly states otherwise:

  • output is informational and is not legal, financial, actuarial, engineering, environmental, surveying, credit, insurance, safety, or other professional advice;
  • the Services do not guarantee an event, condition, valuation, identity, address, eligibility, or outcome;
  • you must validate output and use qualified professional judgement before making a material decision; and
  • you remain responsible for decisions, notices, consents, and regulatory obligations arising from your use.

You may not use the Services as the sole basis for a decision that produces legal or similarly significant effects for a person where law requires human review, additional information, an explanation, consent, or another safeguard.

11. Security and confidentiality

We use reasonable technical and organisational safeguards appropriate to the nature and risk of the information we process. You acknowledge that no system is completely secure and must use available security controls responsibly.

Each party must protect the other's non-public confidential information with reasonable care and use it only to perform or receive the Services. This duty does not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received without a confidentiality duty. A party may disclose information if required by law after giving notice where legally permitted.

12. Acceptable use and suspension

The Acceptable Use Policy applies to all use. We may limit or suspend access where reasonably necessary to address a security risk, unlawful or abusive activity, non-payment, material breach, third-party rights issue, or threat to the Services or another user. Where practicable, we will give notice and an opportunity to remedy the issue.

We may immediately suspend access where delay could cause harm, compromise security, expose us or another person to liability, or permit continued unlawful use. You remain responsible for fees accrued before suspension and for unavoidable committed charges disclosed in your order.

13. Warranties and statutory rights

We warrant that we will provide paid Services with reasonable care and skill and substantially as described in the applicable order. If we breach this warranty, notify us promptly with enough detail to investigate. We may reperform, repair, replace, or refund the affected Service as required by law and the Refund Policy.

Except for express warranties and rights that cannot lawfully be excluded, the Services are provided on an "as available" basis. We do not warrant uninterrupted or error-free operation, that every dataset is complete or current, or that output will meet every use case.

14. Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive, or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, or business opportunity, arising from these Terms, even if advised that it was possible.

To the maximum extent permitted by law, each party's total aggregate liability arising from the affected Services is limited to the fees paid or payable for those Services during the three (3) months immediately before the event giving rise to the claim.

The exclusions and cap do not apply to liability that cannot lawfully be limited, or to fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, infringement or misappropriation of the other party's intellectual property, breach of confidentiality, or your payment obligations. Consumer rights and remedies remain unaffected where applicable.

15. Indemnity

To the extent permitted by law, a business Customer will defend and indemnify Riskscape against a third-party claim arising from Customer Data, the Customer's unlawful or unauthorised use, or the Customer's material breach of the Acceptable Use Policy, except to the extent the claim was caused by Riskscape's breach, negligence, or wilful misconduct. We will give prompt notice and reasonable cooperation, and you may not settle a claim in a way that admits fault or imposes an obligation on us without our written consent.

16. Termination

These Terms continue while you use the Services. Either party may terminate an affected Service for the other party's material breach if the breach is not remedied within twenty (20) business days after written notice, unless the breach cannot be remedied or immediate termination is permitted by law or these Terms.

We may terminate immediately for fraud, unlawful activity, a serious security threat, insolvency where lawful, repeated material breach, or use that threatens third-party rights or the integrity of the Services.

On termination or expiry:

  • access ends as stated in the plan or Cancellation Policy;
  • all accrued fees remain payable;
  • each party must return or delete confidential information when required, subject to legal retention and backup cycles;
  • Customer Data is handled under the Privacy Policy and any applicable written agreement; and
  • clauses that by nature should survive will survive, including payment, intellectual property, confidentiality, disclaimers, liability, disputes, and records.

17. Governing law and disputes

South African law governs these Terms. Before starting formal proceedings, contact info@riskscape.pro and give a concise description of the dispute and the outcome sought. The parties will try in good faith to resolve the dispute within thirty (30) days.

If it is not resolved, the courts of Gauteng, South Africa have jurisdiction, subject to any non-excludable right to approach another competent court, consumer body, regulator, tribunal, or ombud. Nothing prevents either party from seeking urgent interim relief.

18. Changes to these Terms

We may update these Terms for legal, security, operational, or product reasons. We will post the updated Terms and effective date. If a change materially reduces your rights or increases your obligations for a current paid Service, we will give reasonable advance notice where practicable. Changes apply prospectively, except where immediate application is required by law or to address an urgent risk.

19. General

You may not assign these Terms without our written consent, except as part of a genuine merger or sale of substantially all relevant assets and with notice to us. We may assign them as part of a reorganisation, merger, or sale, provided this does not materially reduce applicable consumer rights.

If a provision is unenforceable, it will be adjusted only as much as needed and the rest remains effective. A delay in enforcing a right is not a waiver. These Terms and incorporated documents are the complete agreement for the Services they cover, except for fraud or a more specific written agreement.

20. Contact and supplier information

Riskscape (Pty) Ltd
Registration number: 2012/131998/07

Registered in: Republic of South Africa

Physical address: Unit A-1002A, First Floor, Corobay, corner Aramist and Corobay Avenue, Menlyn, Pretoria, Gauteng, 0181, South Africa

Telephone: +27 76 626 0234

Email: info@riskscape.pro

Website: https://www.riskscape.pro

Customer-service and transaction notices should be sent to info@riskscape.pro.

Questions about this policy?

Talk to us about data licensing, processing agreements, security reviews or anything else in this document.