Terms & Conditions

Last updated: 7 July 2026

AREYE TERMS OF SERVICE

Effective Date: 1 July 2026

Version: 2.0

 

TERMS OF SERVICE

These Terms of Service ("Terms") constitute a legally binding agreement between you and Areye Technologies (Pty) Ltd, trading as Areye ("Areye", "we", "our", or "us"), governing your access to and use of the Areye Platform.

By creating an account, accessing the Platform, downloading the Areye Application, using any Areye service, or clicking "I Agree", you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree with these Terms, you must not access or use the Platform.

 

1. About Areye

Areye is a technology company headquartered in the Republic of Botswana.

Areye develops and operates a digital mobility, logistics and payment platform connecting independent service providers with passengers, businesses and other customers.

The Areye ecosystem includes, among others:

  • Areye Passenger App
  • Areye Driver App
  • Unified Areye Mobile Application
  • Areye Business Portal
  • Areye Admin Platform
  • Areye APIs
  • Marketing Website
  • Customer Support Systems
  • Enterprise Mobility Services
  • Parcel Delivery Services
  • Digital Wallet Services
  • Payment Services
  • Subscription Services
  • Future products and services introduced by Areye.

 

2. Definitions

For purposes of these Terms:

Account means a registered Areye user account.

Business Account means an enterprise account created for organisations using Areye's corporate services.

Business Administrator means a person authorised to administer a Business Account.

Customer means any person using the Platform, including passengers, businesses, parcel senders and recipients.

Driver means an independent contractor approved by Areye to provide transportation or delivery services through the Platform.

Passenger means a Customer requesting transportation services.

Parcel Service means the transportation of goods arranged through the Platform.

Platform means the Areye mobile applications, websites, APIs, software, enterprise portals and related technology.

Services means all technology-enabled services offered through the Platform.

Trip includes passenger transportation and parcel delivery.

 

3. Scope of these Terms

These Terms apply to every user of the Platform including:

  • Passengers;
  • Drivers;
  • Business Customers;
  • Business Administrators;
  • Employees using Business Accounts;
  • Website visitors;
  • API users;
  • Enterprise customers;
  • Prospective customers.

Certain services may also be governed by supplemental terms including:

  • Driver Terms;
  • Privacy Policy;
  • Business Portal Terms;
  • Community Guidelines;
  • Promotions;
  • Subscription Terms;
  • Payment Terms.

Where supplemental terms apply, they form part of this Agreement.

 

4. Nature of the Platform

Areye is a technology platform.

Unless expressly stated otherwise, Areye does not own, operate or provide transportation services.

Transportation and parcel services are provided by independent Driver Partners using the Platform.

Business services may be provided through independent contractors or affiliated service providers.

Nothing in these Terms creates:

  • employment;
  • agency;
  • partnership;
  • joint venture;
  • franchise;

between Areye and any Driver or Customer.

 

5. Eligibility

To use the Platform you must:

  • be at least 18 years old or have legal capacity under applicable law;
  • provide accurate registration information;
  • comply with applicable laws;
  • maintain only one personal account unless otherwise authorised;
  • comply with these Terms.

Business Accounts may only be created by authorised representatives of the relevant organisation.

 

6. Your Account

To access certain Services you must create an Account.

When registering you agree to provide accurate, complete and current information.

You remain responsible for:

  • maintaining the confidentiality of your credentials;
  • all activity occurring under your account;
  • ensuring your information remains up to date.

You must immediately notify Areye if you suspect unauthorised access.

Areye may require identity verification before allowing access to certain Services.

 

7. Identity Verification

To maintain safety and regulatory compliance, Areye may require identity verification.

Depending on the services used, this may include:

  • government-issued identification;
  • facial verification;
  • business registration documents;
  • driver's licence;
  • vehicle documentation;
  • payment verification;
  • banking verification;
  • tax information;
  • proof of address.

Verification may be conducted before registration or at any later time.

Failure to complete verification may result in suspension or termination of access.

 

8. Independent Driver Services

Drivers using the Platform are independent contractors.

Drivers determine:

  • when to work;
  • when to go offline;
  • which Trips to accept;
  • which vehicle to operate (subject to approval);
  • how to organise their business.

Areye provides technology that facilitates connections between Customers and Drivers.

Drivers remain solely responsible for the transportation services they provide.

 

9. Passenger Services

Passengers may request:

  • transportation;
  • parcel delivery;
  • scheduled trips;
  • business travel;
  • other services introduced by Areye.

Submission of a Trip request does not guarantee that a Driver will accept the request.

Drivers remain free to accept or reject Trip requests in accordance with Platform policies.

 

10. Business Accounts

Businesses may establish Business Accounts to manage mobility and logistics services for employees and authorised users.

Business Accounts may include:

  • employee management;
  • cost centres;
  • department management;
  • wallet allocation;
  • spending limits;
  • invoices;
  • reports;
  • approval workflows;
  • payment methods.

Business Administrators remain responsible for ensuring that authorised users comply with these Terms.

 

11. Acceptable Use

Users agree to use the Platform only for lawful purposes.

Users must not:

  • provide false information;
  • impersonate another person;
  • create duplicate accounts;
  • interfere with Platform security;
  • use automated bots;
  • scrape data;
  • manipulate pricing;
  • manipulate GPS;
  • interfere with dispatch systems;
  • misuse promotions;
  • engage in fraudulent activity;
  • upload malicious software;
  • attempt unauthorised access.

Any violation may result in suspension or permanent termination.

 

12. User Conduct

All users must behave respectfully.

Users must not:

  • threaten others;
  • harass others;
  • discriminate;
  • commit fraud;
  • abuse support staff;
  • damage property;
  • transport prohibited goods;
  • engage in criminal activity.

Areye maintains a zero-tolerance policy regarding violence, discrimination, harassment and fraud.

 

13. Safety

Safety is Areye's highest priority.

Users agree to:

  • comply with applicable laws;
  • follow reasonable safety instructions;
  • report incidents promptly;
  • cooperate with investigations;
  • use emergency features responsibly.

Drivers and passengers are encouraged to use the in-app safety features where available.

 

14. Availability of Services

Areye continually improves its Platform.

Accordingly, Services may:

  • change;
  • evolve;
  • be withdrawn;
  • be suspended;
  • be expanded.

Areye does not guarantee uninterrupted access.

Temporary interruptions may occur because of:

  • maintenance;
  • internet failures;
  • payment provider outages;
  • telecommunications failures;
  • government restrictions;
  • third-party service interruptions.

Users acknowledge that such interruptions do not constitute a breach of these Terms.

 

15. Software Licence

Subject to compliance with these Terms, Areye grants you a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for its intended purpose.

This licence does not permit you to:

  • copy;
  • sell;
  • sublicense;
  • reverse engineer;
  • decompile;
  • modify;
  • distribute;
  • create derivative works;
  • commercially exploit the software.

All rights not expressly granted remain reserved by Areye.

PART 1B – BOOKINGS, PAYMENTS, PRICING, WALLETS AND COMMERCIAL TERMS

 

16. Ride and Service Requests

Passengers may request transportation, parcel delivery or other services through the Platform.

Submitting a request does not create a legally binding agreement until a Driver accepts the request or, where applicable, the Platform confirms a booking under the relevant service model.

Areye may offer multiple booking models, including:

  • On-demand rides;
  • Scheduled rides;
  • Parcel deliveries;
  • Business bookings;
  • Fleet bookings;
  • Airport transfers;
  • Intercity transport;
  • Future mobility or logistics services.

Certain booking types may be available only in specific countries or cities.

 

17. Driver Matching

When a Customer requests a service, the Platform may use automated systems to identify suitable Drivers based on factors including:

  • proximity;
  • availability;
  • service category;
  • vehicle type;
  • customer preferences;
  • safety considerations;
  • estimated arrival time;
  • platform performance;
  • driver ratings;
  • regulatory requirements.

Areye does not guarantee that the nearest Driver will always receive or accept a booking.

Drivers remain free to accept or reject requests unless otherwise provided in a specific programme or contractual arrangement.

 

18. Estimated Arrival Times

Estimated arrival times displayed within the Platform are estimates only.

Actual arrival times may be affected by:

  • traffic;
  • weather;
  • road closures;
  • accidents;
  • public events;
  • driver availability;
  • network connectivity;
  • navigation services;
  • force majeure events.

Areye does not guarantee arrival times.

 

19. Pricing

The Platform may calculate pricing using one or more pricing models.

These may include:

  • base fare;
  • distance travelled;
  • travel duration;
  • demand levels;
  • waiting time;
  • airport fees;
  • toll charges;
  • government levies;
  • parking fees;
  • service fees;
  • booking fees;
  • cancellation fees;
  • subscription benefits;
  • promotional discounts.

Pricing may differ between countries, cities and service categories.

Customers will generally receive pricing information before confirming a booking, although certain adjustments may occur where permitted by law or these Terms.

 

20. Dynamic Pricing

To improve service availability, Areye may apply dynamic pricing during periods of unusually high demand or reduced driver availability.

Dynamic pricing may increase or decrease estimated fares.

Where practical, the Platform will display an estimate before a booking is confirmed.

 

21. Business Pricing

Business Accounts may be subject to customised commercial arrangements including:

  • negotiated pricing;
  • monthly invoicing;
  • departmental billing;
  • wallet allocation;
  • travel policies;
  • employee spending limits;
  • approval workflows;
  • contractual discounts.

Business-specific pricing shall prevail over standard consumer pricing where applicable.

 

22. Payment Methods

Depending on your country and available services, payments may be made using:

  • Digital Wallet;
  • Credit Cards;
  • Debit Cards;
  • Mobile Money;
  • Orange Money;
  • Paystack;
  • PayFast;
  • Bank Transfer;
  • Corporate Billing;
  • Business Wallet;
  • Cash (where available);
  • Other payment methods introduced by Areye.

Available payment methods may vary by jurisdiction.

 

23. Digital Wallet

The Platform may provide users with a digital wallet.

Wallets may be used to:

  • pay for services;
  • receive refunds;
  • receive promotional credits;
  • receive business allocations;
  • receive incentives;
  • pay subscriptions.

Wallet balances do not constitute bank deposits and do not earn interest unless expressly stated.

Wallet balances may be subject to verification and fraud monitoring.

 

24. Business Wallets

Business Accounts may maintain one or more Business Wallets.

Business Administrators may:

  • allocate funds;
  • create spending limits;
  • assign departments;
  • allocate budgets;
  • approve travel;
  • monitor expenditure.

Employees are responsible for ensuring that travel is undertaken in accordance with their employer's policies.

 

25. Payment Processing

Payments may be processed by independent third-party payment providers.

Areye does not store complete payment card information.

Payment information is securely processed by certified payment service providers using applicable industry security standards.

Processing times may vary depending on the payment provider.

 

26. Payment Authorisations

By selecting an electronic payment method, you authorise Areye and its payment providers to:

  • verify payment credentials;
  • place temporary authorisations where necessary;
  • capture authorised amounts;
  • process refunds;
  • reverse failed transactions;
  • verify payment status.

Certain payment methods may require additional authentication.

 

27. Payment Failures

Where a payment fails, Areye may:

  • retry payment;
  • suspend access to certain services;
  • request an alternative payment method;
  • deduct unpaid amounts from future transactions where legally permissible;
  • recover unpaid debts through lawful means.

Drivers may be compensated in accordance with applicable Platform policies where payment recovery is successful.

 

28. Recurring Payments

Where users subscribe to recurring services, they authorise recurring billing in accordance with the selected subscription.

Recurring payments continue until:

  • cancelled by the user;
  • terminated by Areye;
  • payment fails;
  • subscription expires.

Users remain responsible for ensuring valid payment methods remain available.

 

29. Refunds

Refund requests may be considered where:

  • services were not provided;
  • duplicate charges occurred;
  • technical errors occurred;
  • fraud is established;
  • applicable consumer legislation requires a refund.

Refund eligibility shall be determined by Areye after reviewing available evidence.

Refunds may be processed to:

  • the original payment method;
  • the Areye Wallet;
  • another lawful payment destination where appropriate.

 

30. Cancellations

Passengers and Drivers may cancel bookings in accordance with applicable cancellation policies.

Cancellation fees may apply where:

  • the Driver has travelled toward pickup;
  • unreasonable delays occur;
  • repeated abuse of the Platform is detected.

Cancellation policies may differ depending on:

  • service category;
  • country;
  • promotions;
  • Business Accounts.

 

31. Promotions and Promotional Credits

Areye may offer:

  • promotional credits;
  • referral bonuses;
  • loyalty rewards;
  • discount campaigns;
  • vouchers;
  • incentives.

Promotional credits:

  • have no cash value unless required by law;
  • may expire;
  • may be withdrawn;
  • may be revoked where fraud is detected.

Areye reserves the right to recover benefits obtained through fraudulent activity.

 

32. Taxes

Prices displayed on the Platform may include taxes where required by law.

Users remain responsible for taxes applicable to their own legal obligations.

Drivers remain responsible for taxes relating to their earnings unless otherwise required by applicable law.

 

33. Disputed Charges

Users should promptly report any disputed transaction.

Areye may:

  • investigate the transaction;
  • request supporting information;
  • temporarily suspend disputed amounts;
  • cooperate with payment providers;
  • reverse transactions where appropriate.

Fraudulent disputes may result in account restrictions.

 

34. Receipts and Invoices

Following completion of a transaction, users may receive:

  • electronic receipts;
  • invoices;
  • payment confirmations;
  • tax invoices where applicable.

Business customers may receive consolidated monthly invoices.

Electronic records maintained by Areye constitute prima facie evidence of Platform transactions unless proven otherwise.

 

35. No Guarantee of Availability

Areye does not guarantee:

  • availability of Drivers;
  • availability of Customers;
  • availability of specific payment methods;
  • availability of promotions;
  • uninterrupted operation of third-party payment providers.

Service availability depends upon multiple factors beyond Areye's reasonable control.

 

36. Right to Suspend Transactions

To protect users and the Platform, Areye may suspend or delay transactions where reasonably necessary to:

  • investigate fraud;
  • comply with legal obligations;
  • comply with sanctions laws;
  • prevent money laundering;
  • investigate suspicious activity;
  • protect Platform security;
  • resolve payment disputes.

Such actions shall not constitute a breach of these Terms where undertaken reasonably and in good faith.

PART 1C – USER RESPONSIBILITIES, SAFETY, COMMUNITY STANDARDS, PLATFORM GOVERNANCE AND ACCOUNT MANAGEMENT

 

37. User Responsibilities

Every user of the Platform agrees to:

  • provide accurate and truthful information;
  • maintain accurate account details;
  • keep login credentials secure;
  • use the Platform lawfully;
  • comply with these Terms;
  • respect other users;
  • cooperate with investigations;
  • promptly report fraud, security incidents or technical issues.

Users are responsible for all activities conducted through their accounts unless they promptly notify Areye of unauthorised access.

 

38. Community Standards

Areye is committed to creating a respectful, safe and inclusive community.

Users must treat others with dignity, courtesy and professionalism.

The following conduct is strictly prohibited:

  • violence;
  • intimidation;
  • threats;
  • harassment;
  • discrimination;
  • hate speech;
  • sexual harassment;
  • stalking;
  • abusive language;
  • unlawful conduct.

Users must comply with all applicable anti-discrimination legislation in the countries where they use the Platform.

 

39. Zero-Tolerance Safety Policy

Areye maintains a zero-tolerance policy regarding conduct that threatens the safety of users.

The following may result in immediate suspension or permanent removal:

  • physical assault;
  • attempted assault;
  • sexual misconduct;
  • driving under the influence;
  • possession of illegal drugs;
  • possession of illegal firearms or prohibited weapons;
  • kidnapping;
  • robbery;
  • fraud;
  • reckless driving;
  • deliberate damage to property.

Where appropriate, Areye may report incidents to law enforcement authorities.

 

40. Driver and Passenger Behaviour

Drivers and passengers are expected to behave respectfully throughout every interaction.

Users must not:

  • smoke where prohibited;
  • consume illegal substances;
  • intentionally damage vehicles;
  • intentionally damage parcels;
  • interfere with navigation;
  • distract drivers;
  • interfere with safe operation of vehicles;
  • threaten cancellation to avoid payment;
  • pressure drivers or passengers into unsafe conduct.

Drivers retain the right to refuse service where doing so is reasonably necessary for safety or where permitted by applicable law.

 

41. Parcel Restrictions

Users may not request transportation of:

  • illegal narcotics;
  • firearms contrary to law;
  • explosives;
  • hazardous chemicals;
  • dangerous biological materials;
  • stolen property;
  • counterfeit goods;
  • prohibited wildlife;
  • unlawful currency or financial instruments;
  • any item prohibited under applicable law.

Drivers may refuse transportation of any parcel reasonably believed to violate these Terms or applicable law.

 

42. Emergency Features

The Platform may include safety tools such as:

  • emergency assistance;
  • SOS functionality;
  • trusted contact notifications;
  • live trip sharing;
  • driver identity verification;
  • passenger identity verification;
  • incident reporting.

These features are intended to improve user safety but should not be regarded as substitutes for emergency services.

Users should contact emergency services directly whenever immediate assistance is required.

 

43. Communications

Users consent to receiving communications relating to the Platform through:

  • push notifications;
  • SMS;
  • email;
  • telephone;
  • in-app messaging;
  • WhatsApp where available;
  • other electronic communications.

Operational communications include:

  • booking confirmations;
  • cancellations;
  • payment confirmations;
  • safety alerts;
  • verification requests;
  • legal notices;
  • account notifications.

Marketing communications may be managed through user preferences.

 

44. Reviews and Ratings

Following completion of Services, users may provide ratings and reviews.

Ratings help maintain quality standards across the Platform.

Users agree that reviews must:

  • be truthful;
  • be relevant;
  • not contain offensive language;
  • not contain defamatory statements;
  • not contain confidential information.

Areye reserves the right to remove reviews that violate these standards.

 

45. Fraud Prevention

To protect users and the integrity of the Platform, Areye actively monitors for fraudulent activity.

Examples include:

  • fake bookings;
  • fake trips;
  • account sharing;
  • GPS spoofing;
  • identity fraud;
  • referral fraud;
  • payment fraud;
  • wallet abuse;
  • abuse of promotions;
  • document forgery;
  • collusion between users.

Where fraud is reasonably suspected, Areye may:

  • suspend accounts;
  • freeze wallets;
  • withhold payments;
  • reverse fraudulent transactions where lawful;
  • terminate accounts;
  • notify law enforcement.

 

46. Platform Monitoring

To maintain platform integrity, Areye may monitor:

  • account activity;
  • transaction history;
  • trip history;
  • communications made through the Platform;
  • device information;
  • fraud indicators;
  • security events;
  • system logs.

Monitoring is conducted in accordance with the Areye Privacy Policy and applicable law.

 

47. Account Suspension

Areye may temporarily suspend access where reasonably necessary to:

  • investigate fraud;
  • investigate complaints;
  • verify identity;
  • verify payment information;
  • verify business documentation;
  • investigate safety incidents;
  • comply with legal obligations;
  • protect Platform integrity.

Suspension does not necessarily indicate wrongdoing.

 

48. Account Termination

Areye may permanently terminate access where:

  • fraud is established;
  • repeated policy breaches occur;
  • criminal conduct is confirmed;
  • users repeatedly threaten others;
  • false documentation is submitted;
  • court orders require termination;
  • continued access creates unacceptable safety or legal risks.

Users may also terminate their own accounts in accordance with applicable Platform procedures.

Certain information may continue to be retained after account termination as described in the Privacy Policy.

 

49. Service Availability

Although Areye strives to maintain reliable services, the Platform is provided on an "as available" basis.

Availability may be affected by:

  • maintenance;
  • telecommunications failures;
  • internet interruptions;
  • payment gateway outages;
  • third-party software;
  • cloud provider interruptions;
  • government restrictions;
  • force majeure events.

Areye will use reasonable efforts to minimise disruption but cannot guarantee uninterrupted service.

 

50. Updates to the Platform

Areye continually develops and improves the Platform.

Accordingly, we may:

  • introduce new services;
  • discontinue services;
  • modify features;
  • redesign interfaces;
  • update pricing models;
  • enhance security;
  • improve dispatch algorithms;
  • modify Business Portal functionality;
  • improve artificial intelligence systems.

Users acknowledge that the Platform is continuously evolving.

 

51. Software Updates

Users agree to install updates to the Platform where reasonably required to:

  • improve security;
  • maintain compatibility;
  • introduce new functionality;
  • correct defects;
  • comply with legal requirements.

Failure to install required updates may affect Platform functionality.

 

52. Acceptable Technology Use

Users may not:

  • interfere with Platform infrastructure;
  • attempt to access source code;
  • use automation tools;
  • interfere with APIs;
  • overload Platform systems;
  • exploit vulnerabilities;
  • bypass security controls;
  • scrape Platform data;
  • attempt to reverse engineer algorithms.

Violation of this clause may result in civil and criminal proceedings.

 

53. Reservation of Rights

Except for the limited licence granted under these Terms, all rights, title and interest in the Platform remain the exclusive property of Areye and its licensors.

Nothing in these Terms transfers ownership of the Platform or any intellectual property rights to users.

 

54. Relationship with Other Policies

These Terms should be read together with:

  • Privacy Policy;
  • Driver Terms;
  • Business Portal Terms;
  • Community Guidelines;
  • Promotional Terms;
  • Subscription Terms;
  • Cookie Policy;
  • Safety Standards.

Where there is any inconsistency, the document specifically governing the relevant service shall prevail to the extent of the inconsistency.

 

55. Transition to Legal Provisions

The remaining provisions of these Terms address the legal framework governing the relationship between Areye and users, including:

  • Intellectual Property;
  • Privacy and Data Protection;
  • Confidentiality;
  • Warranties;
  • Limitation of Liability;
  • Indemnities;
  • Force Majeure;
  • Dispute Resolution;
  • Governing Law;
  • General Contractual Provisions.

These provisions are set out in Part 2.

PART 2 – INTELLECTUAL PROPERTY, DATA PROTECTION, LIABILITY, INDEMNITIES, DISPUTE RESOLUTION AND GENERAL LEGAL PROVISIONS

 

56. Intellectual Property

The Areye Platform, including all software, applications, websites, APIs, algorithms, artificial intelligence systems, dispatch technology, databases, graphics, user interfaces, trademarks, logos, trade dress, text, designs, documentation, audio, video, source code, object code, and all other content made available through the Platform ("Areye Intellectual Property"), is owned by or licensed to Areye and is protected by applicable copyright, trademark, patent, trade secret and other intellectual property laws.

Nothing contained in these Terms transfers ownership of any intellectual property rights to you.

Except for the limited licence expressly granted under these Terms, all rights are reserved.

 

57. Limited Licence

Subject to your continued compliance with these Terms, Areye grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform solely for its intended purpose.

This licence terminates automatically upon suspension or termination of your account.

 

58. Restrictions on Use

You must not, and must not permit any other person to:

  • copy the Platform;
  • reproduce the Platform;
  • modify the Platform;
  • create derivative works;
  • reverse engineer;
  • decompile;
  • disassemble;
  • scrape data;
  • mirror the Platform;
  • frame the Platform;
  • create competing products using the Platform;
  • interfere with APIs;
  • interfere with dispatch algorithms;
  • circumvent security controls;
  • remove copyright notices;
  • use automated bots or scripts;
  • commercially exploit the Platform without Areye's written consent.

Any unauthorised use immediately terminates the licence granted under these Terms.

 

59. Feedback

If you provide suggestions, ideas, feature requests, improvements or feedback regarding the Platform, you grant Areye a perpetual, worldwide, royalty-free, irrevocable and transferable licence to use that feedback without restriction and without any obligation to compensate you.

 

60. Privacy and Data Protection

Your privacy is important to us.

The collection, use, storage, disclosure and processing of Personal Information is governed by the Areye Privacy Policy.

By using the Platform you acknowledge that you have read the Privacy Policy and consent to the processing of your Personal Information as described therein.

Where required by law, Areye will obtain additional consent before processing sensitive categories of Personal Information.

 

61. Confidentiality

Users may obtain confidential information relating to:

  • Customers;
  • Drivers;
  • Businesses;
  • pricing;
  • technology;
  • software;
  • commercial information;
  • business operations;
  • trade secrets.

You agree:

  • not to disclose confidential information;
  • not to copy confidential information;
  • not to use confidential information for personal benefit;
  • not to disclose confidential information after your relationship with Areye ends.

These obligations survive termination.

 

62. Third-Party Services

The Platform may integrate with third-party providers including:

  • payment gateways;
  • mapping providers;
  • cloud providers;
  • telecommunications providers;
  • analytics providers;
  • identity verification providers;
  • artificial intelligence providers.

Your use of third-party services may also be governed by their respective terms and privacy policies.

Areye is not responsible for the products or services supplied by independent third parties except where required by applicable law.

 

63. Artificial Intelligence

Areye may utilise artificial intelligence and machine learning technologies to improve the Platform.

Such technologies may assist with:

  • dispatch;
  • fraud detection;
  • pricing optimisation;
  • route optimisation;
  • customer support;
  • document verification;
  • identity verification;
  • safety monitoring;
  • analytics.

AI-generated outputs are intended to support Platform operations and should not be relied upon as legal, financial or professional advice.

 

64. Availability of the Platform

The Platform is provided on an "as available" and "as is" basis.

Although Areye endeavours to maintain high availability, we do not guarantee uninterrupted access.

Service interruptions may occur because of:

  • maintenance;
  • internet failures;
  • cloud outages;
  • payment gateway failures;
  • telecommunications failures;
  • government restrictions;
  • cyber incidents;
  • force majeure events.

 

65. No Warranty

To the fullest extent permitted by law, Areye disclaims all warranties, whether express, implied or statutory, including warranties relating to:

  • merchantability;
  • fitness for a particular purpose;
  • uninterrupted availability;
  • compatibility;
  • non-infringement;
  • accuracy;
  • reliability.

Nothing in these Terms excludes warranties that cannot lawfully be excluded.

 

66. Limitation of Liability

To the maximum extent permitted by applicable law, Areye shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages arising from or relating to:

  • use of the Platform;
  • inability to use the Platform;
  • interruptions;
  • delays;
  • payment failures;
  • loss of profits;
  • loss of goodwill;
  • loss of business opportunity;
  • loss of data;
  • reputational damage.

Where liability cannot legally be excluded, Areye's liability shall be limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes liability for fraud, wilful misconduct or any liability that cannot legally be excluded.

 

67. Relationship Between Users

Passengers, Drivers and Business Customers contract directly with one another for the performance of transportation and logistics services.

Except where expressly stated otherwise, Areye is not a party to those service contracts.

Areye's role is limited to providing the technology platform facilitating those interactions.

 

68. User Indemnity

You agree to indemnify, defend and hold harmless Areye, its shareholders, directors, officers, employees, affiliates, licensors and service providers against all claims, damages, liabilities, penalties, losses, costs and expenses (including reasonable legal costs) arising from:

  • your breach of these Terms;
  • your unlawful conduct;
  • your negligence;
  • your misuse of the Platform;
  • infringement of third-party rights;
  • fraud;
  • regulatory violations;
  • tax obligations;
  • content uploaded by you.

This indemnity survives termination.

 

69. Force Majeure

Neither Party shall be liable for any delay or failure in performance caused by circumstances beyond its reasonable control including:

  • natural disasters;
  • floods;
  • earthquakes;
  • pandemics;
  • war;
  • terrorism;
  • riots;
  • civil unrest;
  • strikes;
  • internet outages;
  • power failures;
  • cyber-attacks;
  • governmental actions.

Obligations affected by the force majeure event shall be suspended for the duration of that event.

 

70. Suspension and Termination

Areye may suspend or terminate your access where reasonably necessary to:

  • investigate fraud;
  • investigate safety concerns;
  • investigate complaints;
  • comply with legal obligations;
  • protect users;
  • protect the Platform;
  • protect Areye's legitimate interests.

Termination does not affect accrued rights or obligations.

Certain provisions of these Terms survive termination, including confidentiality, indemnities, intellectual property, dispute resolution and liability provisions.

 

71. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Botswana.

Where mandatory consumer protection or other legislation in another jurisdiction applies, those mandatory provisions shall prevail to the extent required by law.

 

72. Dispute Resolution

Before commencing formal legal proceedings, the Parties agree to attempt to resolve disputes through good-faith negotiations.

Where a dispute cannot be resolved amicably, the Parties may refer the matter to mediation before commencing arbitration or litigation, where appropriate.

Nothing prevents either Party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.

Unless mandatory law provides otherwise, disputes arising from these Terms may be referred to arbitration seated in Gaborone, Botswana, in accordance with the Arbitration Act of Botswana.

The language of the proceedings shall be English.

 

73. Notices

Legal notices may be provided by:

  • email;
  • in-app notifications;
  • publication on the Platform;
  • courier;
  • registered post;
  • any other method permitted by law.

Users are responsible for ensuring that their contact information remains current.

 

74. Assignment

You may not assign or transfer your rights or obligations under these Terms without Areye's prior written consent.

Areye may assign these Terms in connection with:

  • mergers;
  • acquisitions;
  • restructuring;
  • sale of assets;
  • corporate reorganisations.

 

75. Entire Agreement

These Terms, together with:

  • the Privacy Policy;
  • Driver Terms;
  • Business Portal Terms;
  • Community Guidelines;
  • Promotional Terms;
  • Subscription Terms;
  • any applicable supplemental policies,

constitute the complete agreement between you and Areye regarding your use of the Platform.

 

76. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

 

77. No Waiver

Failure by Areye to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

 

78. Changes to these Terms

Areye may amend these Terms from time to time.

Where changes are material, users will be notified through appropriate communication channels.

Continued use of the Platform after revised Terms become effective constitutes acceptance of those revised Terms.

 

79. Contact Information

Areye

Operated by Areye Technologies (Pty) Ltd

Head Office: Republic of Botswana, Unit 1A, Plot 64271, Block 3 Industrial, Gaborone, Botswana

Website: https://www.areye.app

Email: support@areye.app

Privacy enquiries: privacy@areye.app (or another designated privacy contact if adopted)

Legal enquiries: legal@areye.app (or another designated legal contact if adopted)

 

80. Acceptance

By accessing or using the Areye Platform, you confirm that:

  • you have read these Terms of Service;
  • you understand them;
  • you agree to be legally bound by them;
  • you acknowledge that they constitute a binding agreement between you and Areye.