Terms of Service

These terms govern use of the Gochi platform (gochi.tech), a product of Tellurium Technologies (Pty) Ltd, Unit 11, APD Industrial Park, Elsecar St, Kya Sand, Randburg, 2163, South Africa (“Tellurium”, “we”). By creating an account or using Gochi you agree to these terms on behalf of yourself and, where applicable, the organisation you represent.

Gochi provides business management tooling — including customer relationship management, service desk, document approval and e-signature, device monitoring and remote support, email, and marketing features — delivered as a hosted service. Features may change as the product evolves; we will not materially reduce the core service you pay for without notice.

You must provide accurate information and keep your credentials secure. You are responsible for activity under your account. We may suspend accounts that present a security risk or breach these terms.

Data you or your organisation store in Gochi remains yours. You grant us the rights needed to host, process, back up and display it in order to provide the service, on your instructions. Our handling of personal information is described in the Privacy Policy, which forms part of these terms.

You are responsible for having a lawful basis for the data you store about your own clients and for the instructions you give the platform (for example, sending marketing email to your contacts in compliance with applicable law).

Where we process personal information on your behalf, we do so as your operator under POPIA and, where applicable, as your processor under the GDPR or UK GDPR. A data processing addendum — incorporating the EU Standard Contractual Clauses (Implementing Decision (EU) 2021/914, Module Two) and the ICO's International Data Transfer Addendum for UK transfers — is available from welcome@gochi.tech and must be in place before we process personal information subject to those laws on your behalf.

The sub-processors we use, and how we notify you of changes, are published at gochi.tech/subprocessors.

You may connect third-party accounts (such as Microsoft 365, Google, Meta, LinkedIn or TikTok). Your use of those platforms remains subject to their own terms. You authorise Gochi to access connected accounts solely to carry out the actions you request, and you may disconnect them at any time. We are not responsible for the availability or decisions of third-party platforms, including the suspension of your accounts on those platforms.

The Gochi infrastructure agent may only be installed on devices you own or are authorised to manage, and installation requires acceptance on the device. Remote access sessions are logged, and a visible notice is shown on the device when a session starts and ends. You are responsible for ensuring your use of monitoring and remote access complies with applicable law and your own agreements with device users.

• No unlawful, infringing or deceptive use, including sending spam or unsolicited bulk messages in breach of applicable law.
• When sending marketing messages through Gochi, you must have the consent or other lawful basis required in your recipients' jurisdiction (including section 69 of POPIA, the GDPR and the CAN-SPAM Act as applicable), identify yourself accurately, and honour unsubscribe requests promptly.
• No attempts to breach, probe or circumvent security or tenant isolation.
• No use of the platform to store or distribute malicious software.
• No resale of the service except under a written agreement with Tellurium.

Paid plans are billed as agreed in your order or subscription. Fees are exclusive of taxes unless stated. We may suspend service for non-payment after reasonable notice.

We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be communicated where practical. Support is provided via the channels published at gochi.tech.

Gochi, its software and branding are owned by Tellurium. These terms grant you a non-exclusive, non-transferable right to use the service for your organisation's internal business purposes. Feedback you give us may be used to improve the product without obligation.

The service is provided “as is” to the maximum extent permitted by law. To the extent permitted by law, Tellurium's total liability arising out of or related to the service in any 12-month period is limited to the fees you paid for the service in that period, and neither party is liable for indirect or consequential loss.

We are not a backup or archiving service. We take reasonable backups to operate the platform, but you remain responsible for keeping your own copies of anything you cannot afford to lose, and we are not liable for loss of data beyond what our own negligence directly caused.

Nothing in these terms limits liability that cannot lawfully be limited, including under the Consumer Protection Act, 2008 where it applies to you, and nothing limits liability for fraud or wilful misconduct.

You will indemnify and hold Tellurium harmless against claims, losses, fines and reasonable legal costs arising from:

• the data you store or process in Gochi, including any claim that you lacked a lawful basis, consent or authority to hold it or to instruct us to act on it;
• messages you send through the platform, including marketing to recipients who did not consent where consent was required;
• your installation or use of the device agent, remote access or monitoring on any device you were not authorised to manage, or without telling the people who use it;
• your breach of these terms or of the acceptable use rules; and
• your use of connected third-party accounts in breach of those platforms' own terms.

We will tell you promptly about any claim we want to be indemnified for, let you take part in the defence, and not settle it without your agreement (not to be unreasonably withheld).

You may stop using the service and close your account at any time. We may terminate for material breach that remains uncured after reasonable notice. On closure, we will provide a copy of your data on request within 30 days, after which it is deleted in line with the Privacy Policy. Request an export by emailing welcome@gochi.tech.

These terms are governed by the laws of the Republic of South Africa, and the courts of South Africa have jurisdiction. If any provision is unenforceable, the remainder stands. We may update these terms; we will give account holders reasonable notice of material changes, and continued use after they take effect constitutes acceptance.

Events outside our control. Neither party is liable for failure to perform caused by something beyond its reasonable control — including network or power failure, the acts of an upstream provider, and changes forced on us by a third-party platform we integrate with.

Entire agreement. These terms, together with the Privacy Policy and any order or addendum we sign with you, are the whole agreement between us and replace anything said beforehand. Neither party relies on any statement not written into them.

Assignment. You may not transfer this agreement without our written consent. We may transfer it to a group company or in connection with a merger or sale of the business, on notice to you.

Notices. We give notice by email to the address on your account or by a notice inside the platform; you give notice to welcome@gochi.tech. It is your responsibility to keep your account email current.

No waiver. If we do not enforce a right straight away, we have not given it up.

This clause does not apply to the Standard Contractual Clauses or the UK Addendum where those form part of a data processing addendum between us. Those instruments carry their own governing law and choice of forum, and they prevail over anything in these terms that conflicts with them.

Tellurium Technologies (Pty) Ltd · Unit 11, APD Industrial Park, Elsecar St, Kya Sand, Randburg, 2163, South Africa · welcome@gochi.tech