Terms of Service

Effective Date: 1 April 2026 Last Updated: 1 April 2026

These Terms of Service ("Agreement") constitute a legally binding contract between Servana Pty Ltd, a private company incorporated under the laws of the Republic of South Africa (registration number: 2025/897026/07), with its registered address at 95 OWL ROAD, KIKUYU ESTATE, MIDRAND, GAUTENG, 2090 ("Servana", "we", "us", or "our"), and the entity or individual identified in the applicable Order Form or account registration ("Customer", "you", or "your") in respect of access to and use of the Trustark platform.

By clicking "I Agree", completing an account registration, executing an Order Form, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement in full. If you are accepting this Agreement on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity.

If you do not agree to this Agreement, you must not access or use the Services.

1. Definitions#

In this Agreement, unless the context requires otherwise:

1.1 "Acceptable Use Policy" means the policy set out in clause 8 of this Agreement governing permitted and prohibited uses of the Services.

1.2 "Account" means the account created by or on behalf of a Customer to access and use the Services.

1.3 "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than fifty percent (50%) of the voting interests of such entity.

1.4 "Agreement" means these Terms of Service, together with all Order Forms, Schedules, and any documents incorporated by reference.

1.5 "Authorised Users" means the Customer's employees, contractors, and agents who are authorised by the Customer to access and use the Services under the Customer's Account.

1.6 "Confidential Information" has the meaning given in clause 11.

1.7 "Customer Data" means any data, content, or information submitted, uploaded, transmitted, or otherwise provided by the Customer or its Authorised Users through the Services, including security posture data, compliance documentation, vendor information, and organisational information.

1.8 "Documentation" means any technical or operational documentation, user guides, and help materials made available by Servana relating to the Services, as updated from time to time.

1.9 "Effective Date" means the date on which the Customer first accepts this Agreement or executes an Order Form, whichever is earlier.

1.10 "Fees" means the amounts payable by the Customer in accordance with the applicable Order Form or subscription plan.

1.11 "Force Majeure Event" has the meaning given in clause 21.

1.12 "Intellectual Property Rights" means all patents, trademarks, service marks, trade names, copyrights, database rights, design rights, trade secrets, know-how, moral rights, rights in confidential information, and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for such rights.

1.13 "Order Form" means a written or electronic order document, subscription form, or quote accepted by the Customer that specifies the Services to be provided, subscription tier, Fees, and other applicable terms.

1.14 "Personal Information" has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 ("POPIA").

1.15 "Platform" means the Trustark software-as-a-service platform, including the web application, APIs, integrations, and associated infrastructure operated by Servana.

1.16 "Services" means the Trustark security trust management platform and all related products, features, tools, APIs, and professional services made available by Servana to the Customer under this Agreement, as described in the applicable Order Form and Documentation.

1.17 "Subscription Term" means the period during which the Customer is authorised to use the Services, as specified in the applicable Order Form or subscription plan.

1.18 "Trust Portal" means the publicly accessible security profile page published by the Customer through the Platform to share security posture information with third parties.

1.19 "Usage Data" means aggregated, de-identified, or anonymised data derived from the Customer's use of the Services, which does not identify the Customer or any individual.

2. Acceptance of Terms#

2.1 Binding Agreement. This Agreement becomes binding when the Customer: (a) accepts these terms electronically by clicking an acceptance button or checkbox; (b) executes an Order Form that references these terms; or (c) accesses or uses the Services in any manner.

2.2 Electronic Acceptance. In accordance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), electronic acceptance of this Agreement constitutes a valid and binding agreement. The Customer acknowledges that electronic signatures and acceptances are legally valid and enforceable under South African law.

2.3 Authority. If the Customer is a legal entity, the individual accepting this Agreement represents that they are duly authorised to bind the entity to this Agreement.

2.4 Updates to Terms. Servana may amend this Agreement from time to time in accordance with clause 24. Continued use of the Services following notice of any amendment constitutes acceptance of the amended terms.

3. Description of Services#

3.1 Platform Overview. Servana provides Trustark, a cloud-based security trust management platform that enables organisations to:

    (a) build, manage, and monitor their security posture and compliance controls;

    (b) publish a publicly accessible Trust Portal to share security profiles with customers, partners, and investors;

    (c) manage and track compliance with applicable regulatory frameworks, including POPIA, ISO 27001, NDPR, the Kenya Data Protection Act, GDPR-aligned standards, FSCA Joint Standard 2, and PCI DSS;

    (d) upload, manage, and share evidence documentation and security artefacts;

    (e) monitor and manage third-party and vendor risk;

    (f) automate security questionnaire responses; and

    (g) generate and maintain audit-ready compliance posture snapshots.

3.2 Service Modifications. Servana reserves the right to modify, update, or discontinue features of the Services at any time. Where a modification materially reduces core functionality, Servana will provide the Customer with not less than thirty (30) days' written notice.

3.3 Beta Features. Servana may make beta, preview, or early-access features available. Such features are provided "as-is" without warranty and may be modified or discontinued without notice.

3.4 Professional Services. Any implementation, onboarding, or consulting services provided by Servana beyond the standard platform are subject to a separate Statement of Work.

4. Eligibility#

4.1 The Services are intended for use by legal entities and individuals conducting business activities. The Services are not directed at consumers as defined under the Consumer Protection Act 68 of 2008 ("CPA") in their personal capacity.

4.2 To use the Services, the Customer must: (a) be at least eighteen (18) years of age; (b) have the legal capacity to enter into binding contracts; and (c) not be prohibited by applicable law from accessing or using the Services.

4.3 Servana reserves the right to refuse access to the Services to any entity or individual at its sole discretion, including where Servana reasonably believes that such access may result in legal, regulatory, or reputational risk.

5. Account Registration and Security#

5.1 Registration. The Customer must register an Account by providing accurate, complete, and current information. The Customer agrees to maintain and promptly update Account information to keep it accurate and complete.

5.2 Credentials. The Customer is solely responsible for maintaining the confidentiality and security of its Account credentials, including usernames and passwords. The Customer must implement reasonable security measures to prevent unauthorised access to its Account.

5.3 Authorised Users. The Customer is responsible for all activities that occur under its Account, including activities of Authorised Users. The Customer must ensure that all Authorised Users comply with this Agreement.

5.4 Notification of Breach. The Customer must notify Servana immediately upon becoming aware of any actual or suspected unauthorised access to its Account or any suspected compromise of Account credentials, by contacting support@servanaplatforms.com.

5.5 Single Organisation. Unless otherwise agreed in writing, each Account is registered to a single legal entity. Sharing Account access across multiple unaffiliated organisations is prohibited.

5.6 Verification. Servana may verify Account information and reserves the right to suspend or terminate an Account where information is found to be inaccurate, misleading, or in violation of this Agreement.

6. Subscription and Fees#

6.1 Subscription Plans. Access to the Services is provided on a subscription basis in accordance with the plan selected by the Customer and specified in the applicable Order Form.

6.2 Fees. The Customer agrees to pay all applicable Fees as set out in the Order Form or subscription plan. All Fees are quoted and payable in South African Rand (ZAR) unless otherwise specified.

6.3 Payment Terms. Fees are due in advance for each billing period. Invoices not paid within thirty (30) days of the invoice date may attract interest at the rate contemplated under the Prescribed Rate of Interest Act 55 of 1975, as amended.

6.4 Taxes. All Fees are exclusive of value-added tax ("VAT") and any other applicable taxes. The Customer is responsible for all applicable taxes, levies, or duties in connection with its use of the Services.

6.5 Fee Adjustments. Servana reserves the right to adjust subscription Fees at the commencement of any renewal Subscription Term, subject to not less than thirty (30) days' prior written notice.

6.6 No Refunds. Except as expressly provided in this Agreement or required by applicable law, all Fees paid are non-refundable.

7. Customer Responsibilities#

7.1 Compliance. The Customer is solely responsible for: (a) ensuring its use of the Services complies with all applicable laws, regulations, and industry standards; (b) the accuracy, completeness, and legality of all Customer Data submitted to the Platform; and (c) ensuring that its publication of security posture information through the Trust Portal does not mislead third parties or violate applicable laws.

7.2 Authorised User Management. The Customer must: (a) ensure that Authorised Users are made aware of and comply with this Agreement; (b) maintain an accurate register of Authorised Users; and (c) promptly revoke access for any individual who is no longer authorised.

7.3 Security Posture Accuracy. The Customer acknowledges that the security posture information displayed on its Trust Portal is generated based on data provided by the Customer. The Customer is solely responsible for the accuracy of such information and must not publish misleading security posture claims.

7.4 Regulatory Compliance. Where the Customer is a regulated entity (including entities regulated by the Financial Sector Conduct Authority ("FSCA") or subject to POPIA), the Customer is responsible for ensuring its use of the Services satisfies applicable regulatory requirements. Servana does not provide legal, regulatory, or compliance advice.

7.5 Cooperation. The Customer agrees to cooperate reasonably with Servana in connection with the provision of the Services, including by providing timely information and access as reasonably required.

8. Acceptable Use Policy#

8.1 Permitted Use. The Customer may use the Services solely for its internal business purposes in accordance with this Agreement and the Documentation.

8.2 Prohibited Conduct. The Customer must not, and must ensure that Authorised Users do not:

    (a) use the Services to transmit, publish, or distribute any content that is unlawful, defamatory, fraudulent, or that infringes the Intellectual Property Rights of any third party;

    (b) attempt to gain unauthorised access to the Platform, its infrastructure, or any third-party systems accessed through the Platform;

    (c) use the Services to conduct or facilitate any form of fraud, phishing, social engineering, or cyberattack;

    (d) upload or transmit malware, viruses, or any other malicious code;

    (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform;

    (f) sublicense, resell, or otherwise provide the Services to third parties without Servana's prior written consent;

    (g) use the Services in a manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Services;

    (h) use the Services to store or process sensitive personal information beyond what is reasonably necessary for the Customer's stated compliance and security management purposes;

    (i) use automated tools, bots, scrapers, or crawlers to extract data from the Platform without Servana's prior written consent;

    (j) publish false, misleading, or fraudulent security posture information through the Trust Portal; or

    (k) use the Services in violation of any applicable law, including POPIA, ECTA, the Cybercrimes Act 19 of 2020, or the CPA.

8.3 Consequences of Violation. Servana reserves the right to immediately suspend or terminate the Customer's access to the Services upon becoming aware of any violation of this clause 8, without prejudice to any other rights or remedies available to Servana.

9. Data Ownership and Licence#

9.1 Customer Ownership. As between the parties, the Customer retains all right, title, and interest in and to all Customer Data. Nothing in this Agreement transfers ownership of Customer Data to Servana.

9.2 Licence to Servana. The Customer grants Servana a non-exclusive, worldwide, royalty-free licence to use, process, store, transmit, and display Customer Data solely to the extent necessary to provide the Services, fulfil Servana's obligations under this Agreement, and comply with applicable law.

9.3 Usage Data. Servana may collect, generate, and use Usage Data (aggregated, anonymised data) for product development, analytics, benchmarking, and improving the Services. Usage Data does not constitute Customer Data and is owned by Servana.

9.4 Data Export. The Customer may export its Customer Data from the Platform in accordance with the features and formats supported by the Services. Servana will provide reasonable assistance with data export upon request, subject to applicable Fees.

9.5 Post-Termination. Following termination or expiry of this Agreement, Servana will retain Customer Data for a period of thirty (30) days to permit the Customer to retrieve its data. Thereafter, Servana will delete or anonymise Customer Data in accordance with its data retention practices and applicable law.

10. Intellectual Property Rights#

10.1 Servana IP. The Platform, all software, technology, content, trademarks, methodologies, and Documentation underlying or forming part of the Services are owned by or licensed to Servana. All Intellectual Property Rights in the Services vest exclusively in Servana or its licensors.

10.2 No Transfer. Nothing in this Agreement transfers any Intellectual Property Rights in the Services to the Customer. The Customer's right to use the Services is limited to the licence expressly granted in clause 10.3.

10.3 Licence to Customer. Subject to the Customer's compliance with this Agreement and payment of applicable Fees, Servana grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services during the Subscription Term, solely for the Customer's internal business purposes.

10.4 Customer Marks. The Customer grants Servana a limited, non-exclusive licence to use the Customer's name and logo solely to identify the Customer as a customer of Servana in marketing materials, unless the Customer notifies Servana in writing to the contrary.

10.5 Feedback. Where the Customer provides Servana with suggestions, ideas, or feedback regarding the Services ("Feedback"), the Customer assigns to Servana all Intellectual Property Rights in such Feedback. Servana may use Feedback freely without obligation or restriction.

10.6 Restrictions. The Customer must not remove, obscure, or alter any proprietary notices, logos, or trademarks on or within the Services.

11. Confidentiality#

11.1 Definition. "Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") in connection with this Agreement that is designated as confidential or that reasonably ought to be understood to be confidential given the nature of the information and the circumstances of disclosure.

11.2 Exclusions. Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this Agreement; (b) the Receiving Party can demonstrate was known to it prior to disclosure; (c) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) is disclosed with the Disclosing Party's prior written consent.

11.3 Obligations. Each party agrees to: (a) hold the other party's Confidential Information in strict confidence; (b) use Confidential Information only for the purposes of performing its obligations or exercising its rights under this Agreement; and (c) not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party, except as permitted in clause 11.4.

11.4 Permitted Disclosure. A Receiving Party may disclose Confidential Information: (a) to its employees, directors, professional advisors, or contractors who need to know such information for purposes of this Agreement and who are bound by confidentiality obligations no less protective than those in this Agreement; or (b) to the extent required by applicable law, regulation, or court order, provided that the Receiving Party provides the Disclosing Party with prompt written notice (where legally permissible) and reasonably cooperates in seeking a protective order.

11.5 Security Obligations. Each party must implement reasonable technical and organisational measures to protect the other party's Confidential Information against unauthorised access, disclosure, or use.

11.6 Survival. Confidentiality obligations under this clause survive termination or expiry of this Agreement for a period of three (3) years.

12. Personal Information and Data Processing#

12.1 Roles. In respect of Personal Information processed through the Services: (a) the Customer acts as the responsible party (as defined in POPIA) in respect of Customer Data that constitutes Personal Information; and (b) Servana acts as the operator processing such Personal Information on behalf of the Customer.

12.2 Data Processing. Servana processes Personal Information strictly in accordance with the Customer's documented instructions and for no other purpose, except where required to do so by applicable law.

12.3 POPIA Compliance. Servana implements and maintains appropriate technical and organisational measures to protect Personal Information against unlawful or accidental destruction, loss, alteration, unauthorised disclosure, or access, in compliance with POPIA.

12.4 Sub-operators. Servana may engage sub-processors (sub-operators) to assist in providing the Services. Servana remains responsible for its sub-operators to the same extent as if Servana performed the processing itself.

12.5 Privacy Policy. Servana's Privacy Policy, available at https://gettrustark.com/privacy, is incorporated by reference into this Agreement and describes how Servana processes Personal Information in connection with the Services.

12.6 Data Breach. In the event of a security compromise affecting Personal Information, Servana will notify the Customer without undue delay and, in any event, within seventy-two (72) hours of becoming aware of such compromise, to the extent required under POPIA.

13. Third-Party Integrations#

13.1 Third-Party Services. The Services may integrate with or connect to third-party software, services, or platforms ("Third-Party Services"). Any use of Third-Party Services is subject to the applicable third party's terms and conditions.

13.2 No Responsibility. Servana does not control and is not responsible for the content, security, availability, or practices of Third-Party Services. Servana makes no representations or warranties regarding Third-Party Services.

13.3 Customer Responsibility. The Customer is responsible for: (a) evaluating the suitability of any Third-Party Services; (b) obtaining all necessary licences and consents to use Third-Party Services in conjunction with the Platform; and (c) compliance with the terms of applicable Third-Party Services.

13.4 Availability. Servana cannot guarantee the continued availability of any third-party integration. Servana may modify or discontinue integrations where Third-Party Services are modified, deprecated, or become unavailable.

14. Service Availability and Support#

14.1 Availability Target. Servana will use commercially reasonable efforts to maintain Platform availability of not less than 99.5% uptime measured on a monthly basis, excluding Scheduled Maintenance and Force Majeure Events.

14.2 Scheduled Maintenance. Servana will provide not less than forty-eight (48) hours' advance notice of scheduled maintenance windows that may affect Platform availability.

14.3 No Warranty. Servana does not warrant uninterrupted, error-free, or secure access to the Services at all times. The Service is provided on a commercially reasonable basis without an absolute uptime guarantee unless otherwise expressly agreed in a separate SLA addendum.

14.4 Support. Servana provides standard technical support via support@servanaplatforms.com during business hours (Monday to Friday, 08:00–17:00 SAST, excluding South African public holidays). Enhanced support tiers may be available under separate agreements.

15. Representations and Warranties#

15.1 Mutual Warranties. Each party represents and warrants that: (a) it has full legal authority to enter into this Agreement; (b) this Agreement, when accepted, constitutes a legal, valid, and binding obligation enforceable against it; and (c) its performance of this Agreement does not violate any applicable law or any agreement to which it is a party.

15.2 Servana Warranties. Servana warrants that: (a) the Services will perform materially in accordance with the Documentation; and (b) it will implement and maintain reasonable security measures to protect Customer Data.

15.3 Customer Warranties. The Customer warrants that: (a) it has all necessary rights to submit Customer Data to the Platform; (b) Customer Data does not infringe the Intellectual Property Rights of any third party; (c) the Customer's use of the Services will not violate any applicable law; and (d) all information provided to Servana in connection with the Account is accurate and complete.

15.4 Disclaimer. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, SERVANA PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE" AND DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE SOUTH AFRICAN LAW.

16. Limitation of Liability#

16.1 Exclusion of Indirect Loss. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF GOODWILL, WHETHER ARISING IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVANA'S TOTAL AGGREGATE LIABILITY TO THE CUSTOMER UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO SERVANA IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16.3 Exclusions from Cap. The limitation in clause 16.2 does not apply to: (a) death or personal injury caused by Servana's gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited or excluded by applicable South African law.

16.4 Essential Basis. The parties acknowledge that the limitations in this clause 16 are an essential element of the basis of the bargain between the parties, and that Servana would not have entered into this Agreement without such limitations.

17. Indemnification#

17.1 Customer Indemnity. The Customer agrees to indemnify, defend, and hold harmless Servana, its directors, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the Customer's breach of this Agreement; (b) the Customer's use of the Services in violation of applicable law; (c) Customer Data infringing the rights of any third party; or (d) any claim by a third party arising from the Customer's Trust Portal or published security posture information.

17.2 Servana Indemnity. Servana agrees to indemnify, defend, and hold harmless the Customer from and against any third-party claims alleging that the Platform itself (excluding Customer Data) infringes a South African registered intellectual property right, subject to the Customer: (a) promptly notifying Servana of such claim; (b) granting Servana sole control of the defence; and (c) cooperating reasonably with Servana.

17.3 IP Indemnity Remedies. If the Platform is subject to an IP infringement claim, Servana may, at its option: (a) modify the Platform to eliminate the infringement; (b) procure a licence to permit continued use; or (c) terminate the affected services and provide a pro-rata refund of prepaid Fees. The foregoing constitutes Servana's entire liability for IP infringement claims.

18. Term and Termination#

18.1 Term. This Agreement commences on the Effective Date and continues for the initial Subscription Term specified in the applicable Order Form. Unless otherwise agreed, subscriptions automatically renew for successive periods of equal duration unless either party provides written notice of non-renewal not less than thirty (30) days before the end of the then-current Subscription Term.

18.2 Termination for Breach. Either party may terminate this Agreement by written notice if the other party: (a) commits a material breach of this Agreement and fails to remedy such breach within thirty (30) days of receiving written notice specifying the breach; or (b) becomes insolvent, is placed under provisional or final liquidation, judicial management, or business rescue proceedings, or makes an assignment for the benefit of creditors.

18.3 Termination for Convenience. Where a Customer is on a month-to-month subscription, either party may terminate this Agreement for convenience upon thirty (30) days' written notice. Fixed-term subscriptions may not be terminated for convenience unless expressly permitted in the applicable Order Form.

18.4 Effect of Termination. Upon termination or expiry of this Agreement: (a) all licences granted to the Customer immediately cease; (b) the Customer must immediately cease using the Services and destroy or return any Servana Confidential Information in its possession; and (c) all outstanding Fees become immediately due and payable.

18.5 Surviving Provisions. Clauses 1, 9.3, 10, 11, 12, 16, 17, and 22–25 survive termination or expiry of this Agreement.

19. Suspension Rights#

19.1 Servana may suspend the Customer's access to the Services, without liability, upon written notice (which may be given by email) in any of the following circumstances:

    (a) the Customer fails to pay any undisputed amounts due within fourteen (14) days of a written demand;

    (b) the Customer breaches the Acceptable Use Policy in clause 8;

    (c) Servana reasonably determines that the Customer's use of the Services poses an immediate security risk to the Platform or other customers;

    (d) Servana is required to do so by applicable law or a lawful directive from a competent authority; or

    (e) the Customer's Account or use of the Platform is the subject of a fraud investigation.

19.2 Servana will endeavour to provide advance notice of suspension where reasonably practicable. Where suspension is necessary without prior notice (for example, due to an immediate security threat), Servana will notify the Customer as soon as reasonably possible thereafter.

19.3 Servana will reinstate access following suspension once the circumstances giving rise to the suspension have been remedied to Servana's reasonable satisfaction.

20. Governing Law#

20.1 This Agreement and any dispute arising from or in connection with it (including non-contractual disputes and claims) are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of laws principles.

20.2 The parties submit to the exclusive jurisdiction of the courts of the Republic of South Africa, and specifically the High Court of South Africa, Gauteng Division, Johannesburg, in respect of any disputes arising under this Agreement, subject to clause 21 (Dispute Resolution).

21. Dispute Resolution#

21.1 Escalation. In the event of any dispute arising under or in connection with this Agreement, the parties shall first attempt to resolve the dispute through good-faith negotiation between senior representatives of each party.

21.2 Mediation. If the dispute is not resolved within thirty (30) days of written notice of the dispute being given (or such longer period as the parties may agree), either party may refer the dispute to non-binding mediation administered by the Arbitration Foundation of Southern Africa ("AFSA") in accordance with its mediation rules in effect at the time.

21.3 Arbitration. If mediation is unsuccessful, the dispute shall be finally resolved by binding arbitration in Johannesburg, administered by AFSA, in accordance with AFSA's Commercial Arbitration Rules. The arbitration shall be conducted in English by a single arbitrator agreed upon by the parties or, failing agreement, appointed by AFSA.

21.4 Urgent Relief. Nothing in this clause prevents either party from seeking urgent or interim relief from a competent court where circumstances so require.

21.5 Confidentiality of Proceedings. All mediation and arbitration proceedings and outcomes are confidential.

22. Force Majeure#

22.1 Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent caused by a Force Majeure Event.

22.2 "Force Majeure Event" means any event beyond the reasonable control of the affected party, including: acts of God; natural disasters; epidemic or pandemic; acts of government or regulatory authority; war; civil unrest; terrorism; sabotage; strikes or industrial action (other than those involving only the employees of the affected party); failures of third-party telecommunications or internet infrastructure; or power outages.

22.3 The affected party must: (a) promptly notify the other party in writing of the Force Majeure Event and its anticipated duration; and (b) use reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance.

22.4 If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate this Agreement on written notice without liability, and Servana will refund any prepaid, unused Fees on a pro-rata basis.

23. Amendment#

23.1 Servana may amend this Agreement at any time by: (a) posting updated terms at https://gettrustark.com/legal/terms-of-service; and (b) notifying the Customer by email.

23.2 Amendments to material terms will take effect no earlier than thirty (30) days after notification, except where required by applicable law or for security-related changes, which may take effect immediately.

23.3 If the Customer does not accept any amendment, the Customer must notify Servana in writing within the notice period, whereupon Servana will use reasonable endeavours to negotiate an agreeable outcome. Continued use of the Services after the effective date of an amendment constitutes acceptance.

24. General Provisions#

24.1 Entire Agreement. This Agreement, together with all Order Forms and Schedules, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations, warranties, and understandings.

24.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

24.3 Waiver. No failure or delay by either party in exercising any right or remedy shall constitute a waiver of such right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof.

24.4 Assignment. The Customer may not assign, transfer, or novate any of its rights or obligations under this Agreement without Servana's prior written consent. Servana may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets, subject to written notice to the Customer.

24.5 No Partnership. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the parties.

24.6 Notices. All notices under this Agreement must be in writing and delivered by email (with read receipt requested) or registered post to the addresses specified in the applicable Order Form or Account information.

24.7 Consumer Protection Act. To the extent that any provision of this Agreement conflicts with the CPA, the CPA will prevail where it applies. If the Customer is a juristic person with an asset value or annual turnover at or above the threshold contemplated in the CPA, the CPA consumer protections may not apply in full.

24.8 Language. This Agreement is drafted and executed in English. In the event of any conflict between any translation and the English version, the English version shall prevail.

25. Contact Details#

Servana Pty Ltd Registration Number: 2025/897026/07 Registered Address: 95 OWL ROAD, KIKUYU ESTATE, MIDRAND, GAUTENG, 2090

General Enquiries: hello@servanaplatforms.com Legal Notices: hello@servanaplatforms.com Support: support@servanaplatforms.com Information Officer: Mthawelanga Ngcakani — hello@servanaplatforms.com

Website: https://gettrustark.com