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1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or entity) and Hedgr (Pty) Ltd ("Hedgr", "we", "us", or "our") governing your access to and use of the Hedgr platform, including our website, applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Hedgr is a foreign exchange (FX) risk monitoring and analysis platform designed to help businesses understand and manage their currency exposure. The Service provides:

• Integration with accounting software (including Xero) to import invoice and transaction data
• Real-time FX exposure calculations and currency risk analysis
• Historical and projected FX impact modeling
• Forward contract tracking and hedge coverage analysis
• Reporting and visualization of FX positions and P&L impact

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal authority to bind the organization you represent
• You will use the Service in compliance with all applicable laws and regulations
• All information you provide is accurate and current

4. Account Registration & Data Access

To access certain features of the Service, you must register for an account by connecting your accounting software (e.g., Xero) through OAuth 2.0 authentication. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

By connecting your accounting software, you grant Hedgr read-only access to specific financial data necessary to provide the Service. We will process your data in accordance with our Privacy Policy and the Protection of Personal Information Act, 2013 (POPIA). You retain all ownership rights to your data.

5. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Use automated tools (bots, scrapers, etc.) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any proprietary notices or labels
• Use the Service to compete with Hedgr or develop a competing product
• Share your account credentials with others

6. Intellectual Property

The Service, including all content, features, functionality, and intellectual property (including but not limited to software, text, graphics, logos, algorithms, and designs), is owned by Hedgr and is protected by South African and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes only.

7. Fees and Payment

Certain features of the Service may require payment of fees. By selecting a paid plan, you agree to pay all applicable fees as described at the time of purchase. All fees are:

• Stated in South African Rand (ZAR) or other agreed currency
• Exclusive of applicable taxes (VAT will be added where required)
• Non-refundable except as required by law or as explicitly stated
• Billed in advance on a monthly or annual basis

We reserve the right to modify our fees with 30 days' notice. Continued use of the Service after fee changes constitutes acceptance of the new fees.

8. Free Trials

We may offer free trial periods for certain subscription plans. During the trial period, you will have access to the Service features included in the trial plan. No payment is required unless you choose to upgrade. The trial will automatically convert to a paid subscription unless you cancel before the trial ends. We reserve the right to modify or cancel free trial offers at any time.

9. Cancellation and Termination

Your Rights: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until that date.

Our Rights: We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach these Terms
• Your account remains unpaid for 15 days after the due date
• We are required to do so by law
• We reasonably believe your account poses a security risk
• We discontinue the Service (with reasonable notice)

Upon termination, your right to access the Service will immediately cease. We will delete your data in accordance with our Privacy Policy and data retention obligations.

10. Disclaimers

NO WARRANTIES: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your specific requirements

MARKET RISK: Currency markets are volatile and can move rapidly. Past performance and historical simulations do not guarantee future results. The Service provides analysis based on historical data and current market conditions, which may not accurately predict future market movements. You acknowledge that currency trading and hedging involve substantial risk of loss.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEDGR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, use, goodwill, or other intangible losses
• FINANCIAL LOSSES arising from currency movements, hedging decisions, or failure to hedge
• DAMAGES resulting from unauthorized access to or alteration of your data
• DAMAGES resulting from service interruptions or errors
• DAMAGES resulting from your reliance on information provided through the Service

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO HEDGR IN THE 12 MONTHS PRECEDING THE CLAIM, OR R1,000 (ONE THOUSAND RAND), WHICHEVER IS GREATER.

12. Third-Party Services

The Service integrates with third-party services (such as Xero, banking platforms, and FX data providers). Your use of these third-party services is governed by their respective terms of service and privacy policies. We are not responsible for:

• The availability, accuracy, or reliability of third-party services
• Any changes to third-party APIs or integrations that affect the Service
• The privacy practices or data handling of third-party services
• Any fees charged by third-party services

13. Dispute Resolution & Governing Law

Governing Law: 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 principles.

Jurisdiction: You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

Informal Resolution: Before filing any formal dispute, you agree to first contact us at sebastian@hedgr.app and attempt to resolve the dispute informally.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hedgr regarding the Service and supersede all prior agreements and understandings.
• Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
• No Agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Hedgr.

15. Contact Information

If you have any questions about these Terms, please contact us:

Hedgr (Pty) Ltd
Email: sebastian@hedgr.app
Address: 16 Mandalay Road, London, SW4 9EE
Phone: +447356642143

For privacy-related inquiries, please contact our Information Officer at timmy@hedgr.app