These Terms of Use ("Terms") govern access to and use of the Comiine mobile app, web app, websites and related services (the "Service"), provided by Millyjoy & Co (Proprietary) Limited, company registration BW00009256082, of Plot 7414, Mogoditshane, Botswana, trading as Comiine ("Comiine", "we", "us", "our").
By creating an account or using the Service you agree to these Terms. If you use the Service for an organisation, you confirm you are authorised to bind it, and "you" and "Customer" include that organisation.
These Terms were prepared in-house and have not yet been reviewed by a legal practitioner admitted in Botswana. We say so plainly rather than imply an approval we do not have.
1. Definitions
- Customer Data means data, including personal data, that the Customer or its Authorised Users put into or generate in the Service, for example work orders, assets, readings, downtime, inventory, purchasing, safety inspections, photographs and signatures.
- Authorised User means a person the Customer permits to use the Service, such as an employee or contractor.
- Order means a signed order form, subscription or services agreement between the Customer and Comiine.
- Personal data, controller, processor and data subject have the meanings given in the Data Protection Act, 2024 (Act No. 18 of 2024).
2. The Service
Comiine is an offline-first computerised maintenance management and light ERP system for mining reliability and maintenance. It supports work orders, assets and plant items, preventive maintenance scheduling, condition monitoring, meter readings, inventory and purchasing, downtime capture, and a safety hub covering lock-out tag-out, job safety analysis, prestart and daily inspections, with signed records.
The Service is built to work offline on your device and to synchronise with our servers when there is a connection.
We may improve, change or withdraw features. Where a change materially reduces core functionality we will give reasonable notice if we practically can.
3. Commercial terms and the pilot
Comiine is currently offered as a free pilot. No fee is payable for pilot use, and no fee will become payable without your prior written agreement in an Order.
During the pilot:
- there is no service level agreement and no uptime commitment;
- support is provided on a reasonable-efforts basis by email to game@comiine.com during business hours in Botswana;
- we may change or withdraw features, and we may end the pilot on 30 days' notice, except where we need to act sooner for a legal or security reason; and
- you may end the pilot at any time and export your Customer Data, as set out in clause 13.
Where the Service is provided under an Order, that Order and these Terms apply together. If they conflict, the Order prevails.
4. Accounts and Authorised Users
The Customer is responsible for configuring its organisation, managing its Authorised Users, keeping credentials secure, and the acts and omissions of its Authorised Users. The Customer must make sure each Authorised User is permitted to use the Service and to submit the data they submit. Tell us promptly at privacy@comiine.com if you think an account has been accessed without authority.
5. Ownership
Customer Data. As between us, the Customer owns its Customer Data. The Customer grants Comiine a non-exclusive licence to host, process and transmit Customer Data only to provide and support the Service, and as permitted by the Data Processing Agreement.
The Service. Comiine and its licensors own all intellectual property in the Service, including the software, design system and documentation. No rights are granted except those set out here. You may not copy, modify, reverse engineer, resell or make derivative works from the Service, except where the law says that restriction cannot apply.
Aggregated data. We may use aggregated and de-identified data that identifies neither the Customer nor any individual to operate, secure and improve the Service.
6. Acceptable use
You must not, and must not let an Authorised User:
- use the Service unlawfully, or in breach of the Data Protection Act, 2024;
- upload malicious code, or try to gain unauthorised access to the Service, to another customer's data, or to our systems;
- interfere with or get around the Service's security, synchronisation, audit or access controls;
- submit data you have no right to submit; or
- use the Service to infringe anyone's rights.
We may publish a fuller Acceptable Use Policy, which will then form part of these Terms.
7. Data protection
How we handle personal data is set out in the Privacy Policy and, where we act as processor for the Customer, in the Data Processing Agreement. By using the Service the Customer accepts the split of controller and processor roles described in those documents.
8. Availability, offline operation and sync
We aim to run a reliable Service, but we do not warrant that it will be uninterrupted or error free.
Because the Service is offline-first, data is stored and processed on your device and synchronised later. Synchronisation depends on connectivity and on the device working correctly. Records created offline exist only on that device until it synchronises. The Customer should make sure devices are synchronised regularly, and should treat an unsynchronised device as holding data that is not yet backed up.
9. Safety, and what Comiine is not
Comiine is a tool for recording, planning and managing maintenance and safety work. It is not a substitute for your own legal duties, your safe systems of work, competent supervision, or the judgement of qualified people.
Comiine is not your system of record for statutory safety records. The Customer remains solely responsible for creating, holding and producing the records that mining, occupational health and safety, environmental and other laws require of it, in the form and for the period those laws require, independently of the Service. Records held in Comiine are a convenience copy. The Customer must not rely on Comiine as its only or primary record for any statutory purpose, and must export and retain its own copies. We give no assurance that a record held in Comiine will satisfy any statutory record-keeping duty, and we accept no responsibility for a failure to keep or produce a statutory record.
Do not rely on the Service as the sole control for any safety-critical activity.
10. Warranties
To the maximum extent the law allows, the Service is provided as is and as available, and we exclude all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law of Botswana.
11. Limitation of liability
To the maximum extent the law allows:
(a) Excluded loss. Neither party is liable for indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, goodwill, business opportunity, anticipated savings, or loss or corruption of data, beyond each party's obligations under the Data Processing Agreement.
(b) Cap. Each party's total aggregate liability arising out of or in connection with the Service, whether in contract, delict, statute or otherwise, is limited to the greater of:
- BWP 25,000 (twenty five thousand Pula); and
- the total fees paid by the Customer to Comiine in the 12 months immediately before the event giving rise to the claim.
This fixed amount applies whether or not any fee has ever been paid, so it applies in full during the free pilot.
(c) What is not capped. Paragraphs (a) and (b) do not apply to liability for death or personal injury caused by negligence, to fraud or fraudulent misrepresentation, to the Customer's obligation to pay fees due under an Order, or to any liability that cannot lawfully be limited.
(d) One cap. The cap in paragraph (b) is a single aggregate cap across all claims, and is not multiplied by the number of claims, of Authorised Users, or of documents forming the agreement.
12. Indemnities
By the Customer. The Customer will indemnify Comiine against third-party claims arising from the Customer Data, or from the Customer's or an Authorised User's breach of these Terms or of applicable law.
By Comiine. Comiine will indemnify the Customer against third-party claims that the Service, used as permitted by these Terms, infringes that third party's intellectual property rights. This does not apply where the claim arises from Customer Data, from use of the Service in breach of these Terms, or from a modification the Customer makes.
Both indemnities are subject to the limits in clause 11.
13. Term, suspension, termination and export
These Terms apply while you use the Service.
We may suspend or end access for material breach, including a breach of clause 6, for a legal or security reason, or as an Order provides.
Either party may end the pilot on 30 days' notice.
On termination the Customer may export its Customer Data for 30 days. After that period we will return or delete Customer Data as set out in the Data Processing Agreement and the Data Retention and Deletion Policy.
14. Confidentiality
Each party will protect the other's non-public information disclosed in connection with the Service, use it only to perform under these Terms, and disclose it only where the law requires.
15. Changes to these Terms
We may update these Terms. We will publish the updated version with a new date and, for material changes, take reasonable steps to tell you. If you keep using the Service after a change takes effect, you accept it.
16. Governing law and disputes
These Terms are governed by the laws of the Republic of Botswana.
Before starting court proceedings, each party will give the other written notice of the dispute and the parties will try in good faith to resolve it, through senior representatives, for 30 days. This does not stop either party seeking urgent interim relief.
If the dispute is not resolved, the parties submit to the non-exclusive jurisdiction of the courts of Botswana.
17. General
- Assignment. You may not assign these Terms without our written consent. We may assign to an affiliate or to a successor of our business.
- Severability. If a provision is unenforceable, the rest stays in effect.
- Entire agreement. These Terms, the Privacy Policy, the Data Processing Agreement, the Data Retention and Deletion Policy, and any Order, form the whole agreement on their subject matter.
- No waiver. A failure to enforce a right is not a waiver of it.
- Notices. Legal notices to us go to privacy@comiine.com and to Plot 7414, Mogoditshane, Botswana.
18. Contact
Millyjoy & Co (Proprietary) Limited trading as Comiine. General: game@comiine.com. Data protection: privacy@comiine.com.