Updated: 1 Jan 2026
Terms and Conditions
1. Service Description
Tower Sense provides a proprietary monitoring and management service, including hosted software, dashboards, onboarding, alerting, support tooling, APIs, and gateway-related services. The Services may evolve over time and may include cloud-hosted and local components.
2. License and permitted use
Subject to payment and compliance with the Agreement, Tower Sense grants the Client a limited, non-exclusive, non-transferable, revocable right to access and use the Services for the Client’s internal business purposes. The Client may not resell, sublicense, reverse engineer, bypass access controls, remove proprietary notices, or use the Services unlawfully.
3. Gateway Software and EULA
Use of the Tower Sense gateway software is also subject to the Tower Sense Gateway EULA, as updated from time to time. The Client must ensure that all installers, administrators, operators, and users of the gateway software comply with that EULA. The Gateway includes installed software, embedded components, local binaries, local web interfaces, and local operational status tooling, but excludes the hosted Platform unless expressly stated otherwise.
4. Intellectual property
All intellectual property rights in the Services, software, code, documentation, branding, APIs, workflows, and derivative improvements remain the exclusive property of Tower Sense or its licensors. The Client retains ownership of its own data, subject to Tower Sense’s right to host, process, transmit, analyse, back up, and otherwise use such data as necessary to provide and improve the Services.
5. Aggregated and anonymized data
Tower Sense may compile and use aggregated, de-identified, and anonymized statistics, trends, service analytics, benchmarking information, and operational learnings derived from use of the Services, provided such data does not identify the Client or any individual.
6. Third-Party Services
The Services may interoperate with or rely upon Third-Party Services. Tower Sense does not control and is not responsible for third-party acts, omissions, pricing changes, outages, policy changes, API changes, deprecations, throttling, delivery failures, or compatibility breaks. The Client accepts the risks associated with all Third-Party Services.
7. No safety-critical reliance
The Services are not designed, intended, or certified for life-critical, safety-critical, emergency response, fire, medical, dispatch, or regulatory compliance use as the sole source of truth. The Client remains responsible for independent monitoring, escalation, operational continuity, and safety procedures.
8. Alerts and notifications
All alerts and notifications are best effort only. Tower Sense does not guarantee delivery, timing, accuracy, completeness, continuity, or receipt of any notification, whether by email, SMS, push, Telegram, webhook, or future messaging channels including WhatsApp.
9. Availability and changes to service
Tower Sense will use commercially reasonable efforts to make the Services available, but does not guarantee uninterrupted or error-free operation. Availability may be affected by maintenance, upgrades, emergency changes, internet failures, cloud outages, telecom failures, cyber incidents, Client-side issues, or force majeure. Tower Sense may modify, replace, suspend, or remove features from time to time, provided it acts reasonably and does not intentionally remove core paid functionality without commercial justification.
10. Support
Unless otherwise agreed in writing, standard support hours are Mon-Fri 07:00-21:00 and Sat-Sun 08:00-14:00. Support is provided on a reasonable-efforts basis and response or resolution times are targets only unless a separate signed SLA states otherwise.
11. Client responsibilities
The Client is responsible for the security of its devices, networks, credentials, users, sites, and infrastructure; lawful use of the Services; obtaining all required permissions and consents; correct recipient and device configuration; and maintaining its own backups of all data uploaded to or generated by the Services.
Local environment disclaimer
Tower Sense is not responsible for issues caused by unsupported hardware, operating system limitations, client-side browser issues, local firewall rules, antivirus or endpoint protection interference, mDNS or LAN discovery issues, local permissions, or other client-environment constraints affecting installation or operation of the Gateway.
User accounts and access
The Client is responsible for all actions taken using its accounts and credentials and must notify Tower Sense promptly of any suspected unauthorized access. Tower Sense may suspend accounts where misuse, non-payment, security risk, or unlawful conduct is suspected.
Data processing and privacy
Where the Client provides personal information relating to the Client’s own monitored environment, monitored users, device telemetry, recipient details, or other operational datasets, the Client acts as the responsible party and Tower Sense acts as the operator for purposes of POPIA. Tower Sense will process such personal information only on the Client’s documented instructions as necessary to provide the Services. Separately, in relation to Tower Sense’s own account administration, billing, authentication, support, security, fraud prevention, compliance, and website operations, Tower Sense acts as the responsible party in its own right. Personal information is also processed in accordance with the Tower Sense Privacy Policy, as made available on the Tower Sense website or otherwise provided to the Client from time to time.
Data retention and export
Unless otherwise expressly agreed in writing, the maximum standard data retention period is 2 weeks, or such longer period as may be agreed in the quotation at additional cost. Upon written request, and subject to payment of all outstanding amounts, Tower Sense will provide the Client with a reasonable opportunity to export its data in a commonly used format during a 14-day post-termination access window.
Fees and billing
The Client must pay all fees in accordance with the quotation, order form, or invoice. Recurring fees are payable in advance unless stated otherwise. Tower Sense will give the Client at least 30 days written notice of any increase to future recurring fees. Overdue amounts may result in suspension or termination.
Suspension
Tower Sense may suspend access immediately where fees remain unpaid, the Client breaches the Agreement, continued service presents a security, legal, technical, or reputational risk, or Tower Sense is required to do so by law or a Third-Party provider.
Warranties
Tower Sense warrants only that it will provide the Services with reasonable skill and care. Except for that limited warranty, the Services are provided on an "as is" and "as available" basis to the maximum extent permitted by law.
Limitation of liability
To the maximum extent permitted by law, Tower Sense is not liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits, lost revenue, lost data, lost savings, lost business, reputational harm, downtime, or missed alerts. Tower Sense’s total aggregate liability arising out of or in connection with the Services, whether in contract, delict, negligence, or otherwise, will not exceed the total fees paid by the Client to Tower Sense in the 1 month preceding the event giving rise to the claim.
Indemnity
The Client indemnifies and holds harmless Tower Sense against third-party claims, losses, liabilities, damages, and reasonable costs arising from the Client’s unlawful or unauthorized use of the Services, the Client’s devices or infrastructure, the Client’s breach of the Agreement, the Client’s failure to obtain necessary authority or consents, or the Client’s use of Third-Party Services.
Confidentiality
Each party must protect the other party’s confidential information and may use it only for the purposes of the business relationship, except where disclosure is required by law or the information is already public through no fault of the receiving party.
Term and cancellation
The Agreement continues for the applicable subscription term unless terminated in accordance with the quotation or these Terms. Either party may terminate at the end of the then-current subscription term by giving the other not less than 30 calendar days written notice.
Effect of termination
Upon termination, access to the Services may be disabled, support may cease, and data may be deleted after the applicable post-termination access window. Accrued rights and outstanding payment obligations survive termination.
Notices
Notices under the Agreement may be given by email to the addresses reflected on the acceptance page or otherwise last notified in writing. A notice sent by email is deemed received 48 hours after transmission unless the sender receives an error indicating non-delivery.
Assignment
Neither party may assign the Agreement without the other party’s prior written consent, except that Tower Sense may assign the Agreement to an affiliate or in connection with a merger, sale of business, reorganization, or change of control.
Severability
If any provision is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force.
No waiver
A failure or delay by either party to enforce any right is not a waiver of that right.
Survival
Clauses that by their nature should survive termination, including intellectual property, confidentiality, privacy, data retention, limitation of liability, indemnity, payment obligations, governing law, and dispute-related provisions, survive termination.
Governing law and jurisdiction
The Agreement is governed by the laws of the Republic of South Africa. The parties irrevocably submit to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town.
Entire agreement, counterparts, and electronic signatures
The Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes prior discussions on that subject. It may be executed in counterparts and by electronic signature, including DocuSign, Adobe Sign, or signed PDF exchanged by email, each of which is deemed an original for purposes of the Electronic Communications and Transactions Act and applicable law.