Draft, under review

Safari Studio terms of service

Effective date: [date of publication]

These terms are the agreement between [Strandwolf Desert Tours CC, trading as Safari Studio], Namibia ("Safari Studio", "we") and the business that opens an account ("you", "the customer"). By opening an account or using the service you accept them on behalf of your business. Safari Studio is for businesses; it is not sold to consumers.

1. The service

Safari Studio is a hosted customer relationship and operations system for safari and tour operators: contacts and deals, email, costing, quotes and invoices, client forms, suppliers and holds, fleet, proposals, reports and, on the Max plan, marketing tools. We provide it as described at safari-studio.com, improve it over time, and may change or retire features with notice. We run it from servers in the United States.

2. Plans, trial and seats

• Plans are Lite, Pro and Max, each with the features, seats and connected mailboxes listed at safari-studio.com/pricing. Extra seats are charged per seat.
• A new account starts with a 14-day trial of Max at no charge and without a card. The trial extends to 30 days the first time a mailbox is connected or data is imported. When it ends without a subscription the account becomes read-only with export open; we delete its data 90 days later.
• Downgrading keeps your data: features outside the new plan go read-only, nothing is deleted.
• You are responsible for everyone you give access to. Keep your sign-in credentials safe and tell us at once about any unauthorised use.

3. Fees and billing

• Fees are per organisation per month, billed monthly, quarterly or annually in advance through Stripe. Prices are listed in US dollars; a price shown in another currency is a guide at that day's exchange rate, and the charge is made in US dollars.
• Fees exclude taxes. [Namibian VAT applies where the law requires it; you are responsible for any tax in your own country.]
• If a payment fails we tell you and try again; after 14 days the account goes read-only until it is settled. Fees for a period already started are not refunded, except where the law requires it.
• We may change prices with 30 days' notice; a change applies from your next renewal.
• Credits for marketing features (section 7) are bought as packs, have no cash value, are not refundable and cannot be transferred to another account.

4. Your data

• Your data is yours: the contacts, deals, emails, files and everything else you put into the service. You give us the right to host, process, back up and display it only to provide the service to you and as these terms allow.
• You are responsible for having the right to put the data in, for telling your clients and travellers how you use it, and for the lawfulness of what you send and publish from it.
• We process your data as your operator (processor) under the data processing terms in the Annex, and under our Privacy Policy at safari-studio.com/privacy.
• You can export your data at any time while the account is active and for 30 days after it ends.

5. Connected accounts

Some features work through accounts you hold with others: Google Workspace, Gmail, Google Calendar, Google Ads, Google Analytics, Search Console, Facebook, Instagram, IMAP mail providers, Stripe. For each:

• You grant the access from your own account and can revoke it in Settings at any time.
• Those services' own terms and policies apply to your use of them, including Google's and Meta's advertising and platform policies. You are the account holder; you pay them directly for anything they charge (Google Ads spend, for one); we never hold your money for them.
• We are not responsible for their availability, changes, or any suspension or restriction they place on your account.

6. Artificial intelligence features

Some features write drafts with an AI model: replies, summaries, ad copy, social media posts, marketing emails, campaign structures. A draft is a suggestion. You read and approve it before it is sent or published, and you are responsible for what goes out in your name: its accuracy, its claims about prices and availability, its compliance with advertising law and the platforms' rules, and the rights to any photo it uses. We do not guarantee that drafts are accurate, original or effective, and we do not promise any marketing result.

7. Marketing features (Max plan)

• Google Ads campaigns are built paused for your review and go live only when you say so. You set the budget; Google charges you.
• Social posts and marketing emails go out only from a plan you approved. You may pause at any time.
• Marketing email may be sent only to people who have agreed to receive it from you. Every email carries an unsubscribe link that cannot be removed, and we honour unsubscribes and bounces automatically. Sending to people who did not agree, or ignoring an unsubscribe, is a breach of these terms and may lead to suspension of the feature.
• Generation spends credits. Max includes a monthly allowance; more are bought as packs. Unused monthly credits do not carry over [confirm]; bought packs do not expire.

8. Acceptable use

You must not use the service to break the law, to send spam, to store or send malware, to infringe anyone's rights, to collect personal data you have no right to, to attack or overload the service, or to reverse engineer it. You must not resell the service or give access to people outside your business, other than contractors working for you. We may suspend an account that breaks this section, with notice where we reasonably can.

9. Availability and support

We aim for the service to be available at all times apart from planned maintenance, which we announce in advance where possible. Support is by email at support@safari-studio.com on business days, Namibian time. We keep encrypted backups and test restoring them, but you remain responsible for keeping copies of anything you cannot afford to lose.

10. Intellectual property

The service, its software, design and documentation are ours or our licensors' and stay so. You receive a right to use the service for your business while your account is active. Your data, your brand, your photos and your content stay yours. You allow us to use your name and logo to say you are a customer unless you tell us not to.

11. Confidentiality

Each of us keeps the other's non-public information confidential and uses it only for this agreement, except where the law requires disclosure. Your data is confidential; we access it only to provide the service, to support you at your request, or to investigate abuse or security.

12. Term and ending the agreement

• The agreement lasts while you have an account. You may cancel at any time from Settings or by email; it takes effect at the end of the paid period, and there is no refund for the remainder.
• We may end the agreement with 30 days' notice, or at once if you break these terms and do not put it right within 14 days of our notice, or if the law requires.
• After the end, the account is read-only for 30 days so you can export your data, then we delete it, except what we must keep for tax or legal reasons and backups that expire within 30 days.

13. Warranties and liability

• We provide the service with reasonable skill and care. Otherwise it is provided as is, and we make no other warranty, express or implied, including about fitness for a particular purpose or uninterrupted operation.
• Neither of us is liable to the other for indirect or consequential loss, lost profits, lost bookings, lost data that a reasonable backup would have prevented, or loss caused by a connected third-party service.
• Our total liability under this agreement in any 12 months is limited to the fees you paid us in those 12 months.
• Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything the law does not allow to be limited.
• You will cover us against claims by third parties arising from your data, your marketing content, or your breach of these terms or of the law.

14. General

• We may update these terms with 30 days' notice by email and on the website; continued use after the date means acceptance. A change required by law may take effect sooner.
• Notices to us go to legal@safari-studio.com [or hello@]; notices to you go to your account's administrators' email addresses.
• Neither of us is liable for failure caused by events outside reasonable control.
• You may not transfer this agreement without our consent; we may transfer it to a successor of our business with notice.
• If a part of these terms is unenforceable, the rest stands.
• These terms are governed by the law of the Republic of Namibia, and the courts of Namibia have jurisdiction [confirm; an alternative is arbitration in Windhoek].

Annex: data processing terms

1. Roles. You are the responsible party (controller) for the personal data in your account; we are your operator (processor).
2. Instructions. We process that data only to provide the service as you configure it, to follow your written instructions, and as the law requires. These terms are your instructions.
3. People. Our staff and contractors who can access your data are bound by confidentiality and trained in data protection.
4. Security. We apply the measures in our Privacy Policy, section 10, and keep them up to date.
5. Sub-processors. We use the providers listed in our Privacy Policy, section 7, and will tell you by email 30 days before adding one; you may object on reasonable grounds, and if we cannot resolve it you may end the agreement.
6. Help with rights and obligations. The service gives you an export and a delete-or-anonymise action per person; we help you with data subject requests, security assessments and regulator inquiries about data we hold for you.
7. Breaches. We tell you without undue delay, and within 72 hours of confirming it, about any breach affecting your data, with what we know and what we are doing.
8. End of service. At the end of the agreement we return your data by export and delete it as section 12 says.
9. Transfers. Where the GDPR or UK GDPR applies, the standard contractual clauses (controller to processor module) are incorporated by reference, with you as data exporter and us as data importer. Where POPIA applies, you authorise the transfer to our providers in section 7 of the Privacy Policy, which are bound by comparable safeguards.
10. Audits. Once a year, on 30 days' notice and at your cost, you may audit our compliance with this Annex through written questions and the reports of our providers; an on-site audit only where a regulator requires it.