Terms of Service — Pincident

1. Acceptance of Terms

By using Pincident, you agree to all of our policies and these binding terms.

By accessing or using Pincident, you agree to be bound by these Terms of Service, our Privacy Policy, Content Moderation Policy, and Governance Model, which are incorporated by reference. These terms form a binding legal agreement between you and Pincident (Pty) Ltd. If you do not agree, you must not use the platform. You must agree to these terms before creating an account or posting content.

2. Eligibility & Account Registration

You must be at least 16, provide accurate information, and maintain one account only.

To use Pincident, you must be at least 16 years of age and have the legal capacity to enter a binding agreement in your jurisdiction. Account information must be accurate, current, and complete at all times. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account.

One account per person is permitted. Creating multiple accounts to circumvent enforcement actions, manipulate platform features, or evade restrictions is strictly prohibited and may result in the termination of all associated accounts.

3. Description of Service

Pincident is a geographic-centric civic reporting and community information platform.

Pincident is a geographic-centric civic reporting and community information platform. Users submit incident reports ("Dents") anchored to specific geographic locations. Dents are organized within user-defined geographic areas ("Nets"), which can be public or private, fixed or roaming.

The platform includes a community credibility system ("Brass") that reflects users' track record of accurate reporting, and a validation system through which the community confirms, disputes, or resolves reports.

Features may be added, modified, or discontinued as the platform evolves. We will endeavor to provide reasonable notice of significant changes, but reserve the right to make modifications at any time.

4. Crowdsourced Content Disclaimer

User-generated content may be inaccurate -- do not treat it as verified fact.

IMPORTANT: Information on Pincident is generated by users and is inherently variable. Dents, comments, validations, and other user-submitted content may be inaccurate, incomplete, outdated, or misleading. Pincident does not guarantee the accuracy, reliability, completeness, or timeliness of any user-generated content.

The platform does not replace official sources of information including emergency services, law enforcement agencies, government bodies, or professional news organizations. Users must exercise their own independent judgment when acting on information found on Pincident.

Brass scores and validation states reflect community assessment -- they are not verified facts or endorsements by Pincident.

5. Safety Disclaimer for Reporting

Never use Pincident while driving or in situations requiring your full attention.

Do not create dents, interact with the platform, or engage with your device while operating a motor vehicle, cycling, or in any situation that requires your full attention. Reports should only be submitted when it is safe to do so.

Pincident is not liable for any injury, damage, or loss arising from distracted use of the platform. Location-based features depend on device hardware and connectivity and may be imprecise or temporarily unavailable.

6. User Content & Licensing

You own your content but grant Pincident a license to use it on the platform.

You retain ownership of the content you post on Pincident. By posting content, you grant Pincident a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, create derivative works from, distribute, publicly display, and publicly perform your content in connection with operating, promoting, and improving the platform.

This license persists for as long as your content remains on the platform. When you delete specific content or your account, the license for that content is revoked, except where your content has been incorporated into aggregated or anonymized datasets, or where retention is required for legal compliance.

Sublicensing is limited to service providers and partners directly involved in operating the platform. You are solely responsible for the accuracy, legality, and appropriateness of content you create or share.

7. Pincident Intellectual Property

The platform, its branding, and its technology are owned by Pincident (Pty) Ltd.

All intellectual property rights in the Pincident platform -- including its name, logo, design, source code, database structure, algorithms, and documentation -- are owned exclusively by Pincident (Pty) Ltd or its licensors.

"Pincident," "Dent," "Net," and "Brass" are trademarks of Pincident (Pty) Ltd. You may not reproduce, distribute, modify, or create derivative works from any Pincident intellectual property without prior written permission.

Suggestions, ideas, or feedback you provide about the platform may be used by Pincident without compensation or attribution.

8. Prohibited Conduct

Certain actions on the platform are strictly forbidden beyond content rules.

In addition to the content restrictions detailed in our Content Moderation Policy, the following platform-level conduct is prohibited:

Accessing or attempting to access another user's account or non-public areas of the platform without authorization
Scraping, crawling, or using automated tools to extract data from Pincident without written permission
Interfering with, disrupting, or overburdening the platform's infrastructure or services
Circumventing or attempting to bypass security measures, rate limits, or moderation systems
Impersonating other users, Pincident staff, moderators, or any other person or entity
Manipulating the validation system, brass scores, or any platform metrics through coordinated or artificial means
Creating new accounts to evade bans or other enforcement actions
Using the platform for spam, unsolicited advertising, or commercial solicitation without authorization
Facilitating or encouraging any of the above activities

9. Net Ownership & Moderation Responsibilities

Net owners and moderators have elevated duties to enforce platform rules fairly.

Users who create or moderate nets hold elevated responsibilities. Net owners and moderators must enforce both platform-wide rules and any additional net-specific guidelines they establish.

Moderation powers must not be used for personal benefit, harassment, or to suppress legitimate content. Net moderators must act on reported violations within their net in a timely manner.

Pincident reserves the right to revoke moderator privileges, modify net settings, or reassign net ownership in cases of abuse, persistent inactivity, or failure to enforce platform policies.

10. Copyright & Intellectual Property Claims

We respond to valid copyright takedown notices and terminate repeat infringers.

Pincident respects intellectual property rights and responds to valid infringement notices in accordance with the South African Copyright Act and internationally recognized procedures equivalent to the DMCA.

To submit a takedown notice, provide the following:

Identification of the copyrighted work claimed to have been infringed
Identification of the infringing content, including its URL on the platform
Your contact information (name, address, telephone number, and email)
A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf

Send notices to Pincident's designated Copyright Agent at: copyright@pincident.com. You may also send written notices to the Copyright Agent at No.4 16th Avenue, Cape Town, 7430.

Counter-notices may be filed if you believe content was removed in error. Repeat infringers will have their accounts terminated.

11. Moderation & Enforcement

We may review, remove, or restrict any content at our discretion.

Pincident reserves the right to review, remove, restrict, or modify any content at its sole discretion, with or without notice. We employ both automated detection systems and human review to enforce our policies.

Detailed moderation procedures, prohibited content categories, enforcement actions, and appeals processes are described in our Content Moderation Policy.

12. Account Suspension & Termination

Accounts can be suspended by us for violations or deleted by you at any time.

By Pincident

We may suspend or terminate your account for violations of these terms, prohibited conduct, legal requirements, or extended inactivity. We will attempt to provide notice and an explanation where reasonably possible, except where doing so would compromise safety or an investigation.

By You

You may delete your account at any time through your account settings.

Upon Termination

Upon termination, your right to access the platform ceases immediately and your public content is removed from view. Data handling upon termination is governed by our Privacy Policy.

Sections of these terms that by their nature should survive termination -- including content licensing, liability limitations, indemnification, dispute resolution, and general provisions -- will continue to apply.

13. Limitation of Liability

The platform is provided as-is with no warranties and capped liability.

Pincident is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. We specifically disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

Pincident is not responsible for the accuracy, completeness, or reliability of any user-generated content, including dents, comments, and validations.

To the maximum extent permitted by applicable law, Pincident shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising from your use of or inability to use the platform.

Our total aggregate liability for any claims arising from or related to these terms or the platform shall not exceed the greater of ZAR 1,000 or the total fees you paid to Pincident in the 12 months preceding the claim.

Pincident is not liable for service interruptions, data loss, or actions of third parties.

14. Indemnification

You agree to defend and hold Pincident harmless from claims arising from your use.

You agree to defend, indemnify, and hold harmless Pincident (Pty) Ltd, its officers, directors, employees, agents, and affiliates from and against any claims, damages, expenses (including reasonable legal fees), losses, and liabilities arising from:

Your content posted on the platform
Your violation of these terms or any applicable law
Your violation of any third-party rights, including intellectual property or privacy rights
Your use of the platform

Pincident retains the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

15. Dispute Resolution

Try to resolve disputes informally first; South African courts have jurisdiction.

We encourage resolving disputes informally. Before initiating any formal proceeding, you agree to contact us at legal@pincident.com and allow 30 days for good-faith negotiation.

If informal resolution fails, disputes shall be governed by the laws of the Republic of South Africa and subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

You agree to bring claims only in your individual capacity, and not as a plaintiff or class member in any purported class or representative action. Disputes below the small claims court threshold in your jurisdiction may be brought in the applicable small claims court.

16. Third-Party Services & Links

We are not responsible for third-party websites or services linked from Pincident.

Pincident may contain links to or integrations with third-party websites, services, or content. We do not control, endorse, or assume responsibility for any third-party service.

Your use of third-party services is governed by their own terms and policies. Access them at your own risk.

17. Modifications to Terms

We will give 30 days notice for material changes; continued use means acceptance.

We may update these Terms of Service from time to time. For material changes, we will provide at least 30 days advance notice through a platform notification and, where possible, via email. Non-material changes take effect when posted.

The "Last Updated" date at the top of this page indicates the most recent revision. Your continued use of Pincident after changes take effect constitutes acceptance of the revised terms. If you disagree with any changes, you must stop using the platform and may delete your account.

18. General Provisions

Standard legal provisions covering severability, assignment, waiver, and more.

Severability

If any provision of these terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These terms, together with the Privacy Policy, Content Moderation Policy, and Governance Model, constitute the entire agreement between you and Pincident regarding your use of the platform, superseding any prior agreements.

Assignment

Pincident may assign or transfer its rights and obligations under these terms without restriction. You may not assign your rights or obligations without our prior written consent.

Waiver

Our failure to enforce any provision of these terms shall not constitute a waiver of that provision or our right to enforce it in the future.

Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, or pandemics.

No Agency

Nothing in these terms creates a partnership, joint venture, employment, or agency relationship between you and Pincident.

19. Governing Law

South African law governs these terms, including consumer and data protection legislation.

These terms are governed by and construed in accordance with the laws of the Republic of South Africa. Where applicable, the following legislation applies to your use of the platform:

The Consumer Protection Act 68 of 2008
The Electronic Communications and Transactions Act 25 of 2002
The Protection of Personal Information Act 4 of 2013

20. Contact Information

How to reach us for legal, copyright, or general inquiries.

For questions or concerns about these terms or the platform, contact us through the following channels:

Legal inquiries: legal@pincident.com
Copyright claims: copyright@pincident.com
General support: support@pincident.com
Physical address: No.4 16th Avenue, Cape Town, 7430