Effective Date: 19 March 2026 · Last Updated: 19 March 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and DigiMine (Pty) Ltd ("DigiMine", "we", "us", "our"), a company registered in the Republic of South Africa. By accessing or using the DigiMine platform at digimine.app ("Platform" or "Service"), you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
These Terms are issued in compliance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA) of South Africa. By using the Platform, you acknowledge receipt of these Terms as required under ECTA Section 11.
You must be at least 18 years of age and have the legal authority to bind the entity you represent. By registering, you warrant that all information you provide is accurate, current and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
DigiMine is a cloud-based Software-as-a-Service (SaaS) platform designed for mining operations to manage, track and report on equipment downtime events. The Platform provides standardised controlroom logging, real-time dashboards, analytics, shift reporting and data export capabilities. DigiMine is a management tool only and is not a substitute for professional mining safety, engineering or regulatory compliance advice.
New Customers may be offered a free Trial Period of 30 days with full platform access. No credit card is required during the trial. At the end of the Trial Period, you must activate a paid Subscription to continue using the Platform. We reserve the right to modify or discontinue the Trial Period at any time.
6.1 Pricing. The Platform is offered on a subscription basis comprising a Platform Fee (which includes one Admin licence) and per-user licence fees. Prices are displayed in your local currency based on your detected region (South Africa/ZAR, Australia/AUD, Canada/CAD, USA-Global/USD) and are sourced from our current pricing schedule. All prices exclude applicable taxes unless stated otherwise.
6.2 Billing Cycle. Subscriptions are billed monthly or annually in advance. Annual billing includes a discount as displayed at the time of activation.
6.3 Payment Methods. For South African Customers, payments are processed via PayFast. For other regions, payments are processed via our designated payment provider. We accept credit/debit cards, EFT and payment portal methods as available for your region.
6.4 Taxes. You are responsible for all applicable taxes, including VAT (South Africa), GST (Australia), sales tax (USA/Canada) and any other levies. Where required by law, we will add applicable taxes to your invoice.
6.5 Failed Payments. If a payment fails, your account enters a 7-day grace period during which the Platform remains accessible. If payment is not resolved within the grace period, your account will be locked and access suspended until the outstanding amount is settled.
6.6 Price Changes. We may adjust pricing with at least 30 days' written notice. Continued use of the Platform after a price change takes effect constitutes acceptance of the new pricing.
6.7 Auto-Renewal. Subscriptions renew automatically at the end of each billing cycle. In accordance with the South African Consumer Protection Act (Section 14), you may cancel your Subscription at any time with 20 business days' notice before the end of your current billing cycle.
Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business operations. Each User licence is assigned to a single individual and may not be shared. You may add or remove User licences in accordance with your Subscription plan.
You agree not to:
9.1 DigiMine IP. The Platform, including all software, designs, logos, trademarks, documentation and content, is the exclusive property of DigiMine and is protected by South African and international intellectual property laws. Nothing in these Terms transfers any ownership rights to you.
9.2 Customer Data Ownership. You retain full ownership of your Customer Data. We do not claim any intellectual property rights over your identifiable Customer Data. We process your identifiable data solely to provide the Service, subject to Section 10 below.
10.1 Anonymisation. We may create Aggregated and Anonymised Data by removing, obfuscating or de-identifying all information that could reasonably be used to identify you, your company, your Users, your specific equipment or your mining sites. "Aggregated and Anonymised Data" means data that has been irreversibly stripped of all Personal Information and all Customer-identifiable details such that it cannot, on its own or in combination with other data, be traced back to any individual, company or mining operation.
10.2 Licence Grant. By using the Platform, you grant DigiMine a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to create, use, store, analyse, publish, distribute, sublicence and commercialise Aggregated and Anonymised Data derived from your use of the Platform, including but not limited to anonymised downtime event data, equipment performance patterns, failure mode statistics, maintenance trends and operational benchmarks.
10.3 Permitted Uses. DigiMine may use Aggregated and Anonymised Data for purposes including but not limited to:
10.4 No Re-Identification. DigiMine shall not attempt to re-identify any Aggregated and Anonymised Data to link it back to any specific Customer, User, company or mining operation. Any third party receiving Aggregated and Anonymised Data from DigiMine shall be contractually prohibited from attempting re-identification.
10.5 Survival. This licence to Aggregated and Anonymised Data survives termination or expiration of your Subscription. Upon termination, we will delete your identifiable Customer Data in accordance with Section 14.4, but Aggregated and Anonymised Data that has already been created prior to termination shall remain the property of DigiMine.
10.6 Compliance. Our creation and use of Aggregated and Anonymised Data complies with the anonymisation and de-identification standards set out in POPIA, PIPEDA, the Australian Privacy Act and the CCPA/CPRA. Where data is truly anonymised such that it no longer constitutes Personal Information under applicable law, privacy legislation does not restrict its use.
10.7 Transparency. We are committed to transparency about our data practices. If you have questions about how your data is anonymised or used in aggregate form, please contact us at digimine.app@gmail.com.
We process Personal Information in accordance with our Privacy Policy, which forms part of these Terms. As between you and DigiMine, you are the "responsible party" (POPIA) / "data controller" and DigiMine acts as an "operator" / "data processor" with respect to Customer Data containing Personal Information. We implement appropriate technical and organisational measures to protect your data as required under POPIA Section 19 and equivalent provisions in PIPEDA (Canada), the Australian Privacy Act and applicable US privacy laws.
Each party agrees to treat as confidential all non-public information received from the other party ("Confidential Information"), including but not limited to business strategies, pricing, Customer Data and technical specifications. Confidential Information shall not be disclosed to third parties except as required by law, regulation or court order, or to authorised service providers bound by equivalent confidentiality obligations.
13.1 Uptime. We target 99.9% uptime for the Platform, excluding scheduled maintenance windows.
13.2 Maintenance. We will provide reasonable advance notice of scheduled maintenance that may affect availability.
13.3 Support. Support is available via email at digimine.app@gmail.com during standard business hours (South African time). We aim to respond to all enquiries within 24 hours on business days.
14.1 Term. These Terms remain in effect for as long as you have an active account or Subscription.
14.2 Termination by Customer. You may cancel your Subscription at any time via the Billing section of the Platform or by contacting us. In accordance with the Consumer Protection Act (Section 14), South African Customers may cancel with 20 business days' notice.
14.3 Termination by DigiMine. We may terminate or suspend your access immediately if you breach these Terms, fail to pay fees after the grace period, or engage in conduct that we reasonably determine is harmful to the Platform or other users.
14.4 Effect of Termination. Upon termination, your right to use the Platform ceases. You may request export of your Customer Data for up to 30 days after termination. Your identifiable Customer Data will be securely deleted or anonymised within 90 days of termination, unless longer retention is required by law or you have provided separate consent. Aggregated and Anonymised Data derived from your usage is retained by DigiMine in accordance with Section 10.5. Operational event data may be retained in anonymised form for up to 5 years for industry analysis purposes as described in Section 10.
You may export your Customer Data at any time during your Subscription using the Platform's built-in export tools. Upon termination, we will make your data available for export for 30 calendar days.
16.1 We warrant that the Platform will perform materially in accordance with its documentation. We do not warrant that the Platform will be uninterrupted, error-free or completely secure.
16.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16.3 Australian Customers: Nothing in these Terms excludes, restricts or modifies consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). If the Australian Consumer Law applies to you as a consumer, the disclaimers in this section are subject to those non-excludable guarantees.
16.4 South African Customers: These Terms are subject to the rights afforded to you under the Consumer Protection Act 68 of 2008 where applicable.
17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGIMINE'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
17.2 IN NO EVENT SHALL DIGIMINE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, BUSINESS OPPORTUNITIES OR GOODWILL, WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY.
17.3 These limitations do not apply to liability that cannot be excluded or limited under applicable law, including liability under the Australian Consumer Law, the South African Consumer Protection Act, or for fraud or wilful misconduct.
You agree to indemnify, defend and hold harmless DigiMine and its officers, directors, employees and agents from any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising from: (a) your use of the Platform in violation of these Terms; (b) your violation of any applicable law or regulation; or (c) any third-party claims relating to your Customer Data.
Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, pandemics, war, terrorism, government actions, labour disputes, power failures, internet or telecommunications outages, or mining-specific disruptions such as industrial action or regulatory shutdowns.
20.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict-of-law provisions.
20.2 Any disputes arising from these Terms shall first be submitted to good-faith negotiation between the parties for a period of 30 days. If unresolved, disputes shall be referred to mediation or arbitration in Johannesburg, South Africa, in accordance with the Arbitration Act 42 of 1965.
20.3 Jurisdiction-Specific Provisions:
We may update these Terms from time to time. We will provide at least 30 days' notice of material changes via email or through the Platform. Your continued use of the Platform after the effective date of any modification constitutes acceptance of the updated Terms. If you do not agree with the changes, you must discontinue use of the Platform before the changes take effect.
22.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and DigiMine and supersede all prior agreements.
22.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
22.3 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition or sale of assets.
22.4 No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
22.5 Notices. All formal notices shall be sent via email to the address associated with your account. Notices from DigiMine are deemed received upon dispatch in accordance with ECTA Section 23.
If you have any questions about these Terms, please contact us: