Terms of Service

Definitions

In these Terms of Service:

• "WENBRU" means WENBRU, a sole proprietorship operated by Michael Edward Wentzel, registered in South Africa.
• "Platform" means the WENBRU cloud-based irrigation management software, web application, mobile application, API, and associated services.
• "Hardware" means the IoT controller, sensors, UPS, router, and associated components supplied by WENBRU as part of an installation package.
• "Client" or "you" means the individual or entity that has registered an account or purchased Hardware from WENBRU.
• "Subscription" means the recurring monthly SaaS fee payable for ongoing access to the Platform.
• "Installation" means the physical hardware setup and configuration service provided by WENBRU at your farm.
• "Controller" means the ESP32-based IoT device installed at your premises and connected to the Platform.

Acceptance of terms

By accessing the WENBRU Platform, registering an account, signing a service agreement, or receiving an Installation, you confirm that:

1. You have read and understood these Terms of Service;
2. You are at least 18 years of age or are a duly authorised representative of a juristic person;
3. You are authorised to enter into a binding agreement on behalf of yourself or your organisation; and
4. You consent to the processing of your personal information as described in our Privacy Policy.

The WENBRU service

WENBRU provides an irrigation management platform comprising:

• Software as a Service (SaaS): Cloud-hosted dashboard accessible via web browser and mobile app, providing real-time monitoring, scheduling, remote control, and AI-assisted water management for connected irrigation systems.
• IoT Hardware: A pre-configured controller, sensors, and connectivity hardware installed at your farm premises to interface with your existing irrigation valves and provide telemetry data to the Platform.
• Installation services: Physical hardware installation and commissioning at your farm, performed by or arranged by WENBRU.

WENBRU is a software and services business. We are not an irrigation engineering firm. Physical plumbing, valve replacement, or modification to your main irrigation infrastructure is not included unless specifically agreed in writing.

Account registration and security

You must create an account to use the Platform. You agree to:

• Provide accurate, complete, and current information during registration;
• Maintain the confidentiality of your login credentials;
• Notify WENBRU immediately if you become aware of any unauthorised access to your account;
• Not share your account credentials with third parties;
• Be responsible for all activity that occurs under your account.

WENBRU will never ask you for your password by email or phone. If you receive such a request, treat it as fraudulent and contact us immediately.

Hardware supply and installation

5.1 Pricing and quotation

Hardware pricing is as quoted in writing or as published on the WENBRU website at the time of your order. All prices exclude VAT unless stated otherwise. Hardware prices include delivery within Gauteng, Free State, and North West provinces. Delivery outside these provinces will attract an additional charge agreed upfront.

5.2 Payment for hardware

Hardware and Installation fees are payable in full in advance or as agreed in your individual service agreement. Work will not commence and hardware will not be dispatched until payment is received.

5.3 Installation

Installation includes mounting the Controller, connecting to your existing solenoid valves, commissioning the 4G/Wi-Fi connection, and initial configuration of zones and schedules. You are responsible for:

• Providing a suitable location for the Controller (indoors or in a weatherproof enclosure);
• Ensuring that your solenoid valves are in working condition before the installation date;
• Providing access to a 220V power outlet at or near the pump house;
• Ensuring that an appropriate responsible adult is present on-site during installation.

5.4 Hardware warranty

WENBRU provides a 12-month warranty on all supplied hardware against defects in materials and workmanship from the date of installation. This warranty does not cover:

• Physical damage caused by you, a third party, flooding, lightning, fire, or acts of God;
• Damage caused by incorrect use, unauthorised modification, or connection of incompatible equipment;
• Normal wear and tear;
• Loss of data.

To claim under warranty, contact WENBRU with a description of the defect and photographic evidence where applicable. Defective hardware will be repaired or replaced at WENBRU's discretion.

5.5 Risk and ownership

Risk of loss or damage to hardware passes to you upon delivery to your premises. Ownership of hardware passes to you upon receipt of full payment. Until payment is received in full, WENBRU retains ownership of the hardware.

SaaS subscription

6.1 Subscription plans

Plan	Zones	Monthly fee (excl. VAT)
Starter	Up to 4	R450/month
Standard	Up to 8	R650/month
Commercial	Up to 16	R950/month

Custom plans for more than 16 zones are available on request.

6.2 Billing and payment

Subscriptions are billed monthly in advance. Payment is due on the first day of each billing month. WENBRU will issue a tax invoice (VAT invoice where applicable) to your registered email address. Accepted payment methods are EFT (Electronic Funds Transfer) or such other methods as WENBRU may notify you of from time to time.

6.3 Late payment

If payment is not received within 7 days of the due date, WENBRU reserves the right to suspend access to the Platform until all outstanding amounts are paid. Suspended accounts retain data for 30 days after suspension. Accounts that remain unpaid for more than 60 days may be terminated and data permanently deleted.

6.4 Price changes

WENBRU may adjust subscription pricing with 30 days' written notice to your registered email address. Continued use of the Platform after the effective date constitutes acceptance of the new pricing. If you do not accept the new pricing, you may cancel your subscription with immediate effect.

6.5 Cancellation

You may cancel your subscription at any time by written notice to WENBRU. Cancellation takes effect at the end of the current billing month. No refunds are provided for partial months. Upon cancellation:

• Your account and data will be retained for 30 days during which you may request an export;
• After 30 days your data will be permanently deleted;
• The Controller hardware at your premises will remain yours and will continue to operate any pre-programmed schedules autonomously, but without cloud connectivity or support.

6.6 Refunds

Subscription fees are non-refundable except where required by the Consumer Protection Act 68 of 2008 or other applicable South African law. Hardware purchases may be returned within 7 days of delivery if unused and in original packaging, for a full refund less any delivery costs. Installation fees are non-refundable once installation has commenced.

Acceptable use

You agree to use the Platform only for its intended purpose — management of your irrigation systems. You must not:

• Attempt to reverse-engineer, decompile, or otherwise derive source code from the Platform;
• Resell or sublicence access to the Platform to third parties without WENBRU's prior written consent;
• Use the Platform to engage in any illegal activity;
• Attempt to gain unauthorised access to WENBRU's servers or other users' accounts;
• Overload, attack, or disrupt the Platform's infrastructure;
• Modify or tamper with WENBRU hardware in a way that risks damage to your property or irrigation system;
• Use the Platform for any purpose other than management of irrigation systems you own or are legally authorised to manage.

Intellectual property

All software, firmware, algorithms, designs, trademarks, and content forming part of the WENBRU Platform are and remain the intellectual property of WENBRU. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Platform for the purposes described herein. No intellectual property rights are transferred to you.

Your farm data — zone names, schedules, telemetry readings, and crop configuration — remains your property. WENBRU does not claim ownership of your operational data and will not use it for purposes other than those described in the Privacy Policy.

Data and privacy

WENBRU processes personal information in accordance with our Privacy Policy, which forms part of these Terms. By accepting these Terms you confirm that you have read and understood the Privacy Policy.

You are responsible for ensuring that any personal information of your employees, farm workers, or third parties that you enter into the Platform is collected and shared with WENBRU lawfully and in accordance with POPIA.

Service availability and uptime

WENBRU targets platform availability of 99% excluding scheduled maintenance. Scheduled maintenance will be communicated at least 24 hours in advance where possible. No uptime guarantee is provided for:

• Outages caused by third-party services (internet service providers, mobile data networks, weather data services);
• Force majeure events including Eskom outages at WENBRU's data centre;
• Emergency security patches that may require short-notice downtime.

WENBRU provides the Platform "as is" and makes no warranty that the Platform will be error-free or uninterrupted. The AI water recommendations are advisory only and do not replace the judgment of a qualified irrigation agronomist or your own knowledge of your farm conditions.

Limitation of liability

To the fullest extent permitted by South African law:

1. WENBRU's total liability to you arising out of or in connection with these Terms or the Platform — whether in contract, delict, or otherwise — is limited to the total amount paid by you to WENBRU in the 3 months preceding the event giving rise to the claim.
2. WENBRU is not liable for any indirect, incidental, special, consequential, or punitive loss, including loss of profits, loss of crops, loss of revenue, loss of data, or business interruption, whether or not WENBRU was advised of the possibility of such loss.
3. WENBRU is not liable for crop damage, over-irrigation, under-irrigation, or any other agricultural outcome arising from reliance on AI recommendations, sensor readings, or scheduled automation.
4. WENBRU is not liable for any damage caused by load shedding, power surges, lightning, flooding, or other events beyond its reasonable control.

Nothing in these Terms excludes liability that cannot be excluded under the Consumer Protection Act 68 of 2008 or other applicable South African law, including liability for gross negligence or willful misconduct.

Indemnity

You indemnify WENBRU, its officers, employees, and agents against any loss, liability, claim, or expense (including reasonable legal fees) arising from:

• Your breach of these Terms;
• Your use of the Platform in violation of any law;
• Your modification of WENBRU hardware in an unauthorised manner;
• Any claim by a third party arising from your use of the Platform.

Termination

13.1 Termination by you

You may terminate your subscription at any time as described in Section 6.5.

13.2 Termination by WENBRU

WENBRU may terminate your account with 30 days' notice. WENBRU may terminate your account immediately, without notice, if:

• You materially breach these Terms and fail to remedy the breach within 7 days of notice;
• You use the Platform for any unlawful purpose;
• You fail to pay outstanding amounts within 60 days of the due date;
• Your use of the Platform threatens the security or integrity of the Platform or other users.

13.3 Effect of termination

Upon termination, your access to the Platform ceases. WENBRU will retain your data for 30 days after termination (unless termination is for fraud or illegal activity, in which case it may be retained longer for legal purposes), after which it will be permanently deleted. Hardware installed at your premises remains yours.

Governing law and dispute resolution

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms that cannot be resolved by the parties within 30 days of written notice of the dispute shall be referred to mediation before the Commission for Conciliation, Mediation and Arbitration (CCMA) or a mutually agreed mediator. If mediation fails, the dispute shall be determined by the Magistrate's Court or High Court of South Africa, Free State Division, as the case may be.

Nothing in this clause prevents either party from seeking urgent interim relief from any court with appropriate jurisdiction.

Changes to these Terms

WENBRU may update these Terms from time to time. Material changes will be communicated to existing subscribers by email at least 30 days before they take effect. The version number and effective date at the top of this page will be updated with each revision.

If you do not accept the revised Terms, you may cancel your subscription before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

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