Terms of Service

⚠️ Draft — not yet reviewed by a lawyer

This document is a working draft. It has not been reviewed by an Indonesian lawyer and it is not yet in force. Please do not rely on it as a final agreement. The highlighted gaps are details still to be confirmed.

1. Who these terms are between

1.1 These Terms of Service (the Terms) are an agreement between [TO CONFIRM: full legal entity name, form, NPWP and registered address] (JoynVision, we, us) and the business or person who registers for an account (you, the Customer).

1.2 By creating an account, clicking to accept these Terms, or using the Service, you confirm that you have authority to bind the business you are registering for, and you agree to these Terms.

1.3 If you do not agree, do not create an account and do not install the site software.

2. Definitions

• Service — the JoynVision hosted dashboard, its API, the reports and alerts it sends, and the Site Software.
• Site Software — the JoynVision agent you install on a computer at your own premises, which reads your cameras and performs the counting locally.
• Site (or Location) — one physical premises registered in your account.
• Count Events — the anonymous records the Site Software produces: a timestamp, a direction, a camera identifier and a number. They contain no image and no identifier of any individual.
• Setup Frames — the periodic still images the Site Software uploads so the dashboard can show a current view of a camera for line and zone drawing.
• Your Content — your account details, the configuration you enter, your Count Events and your Setup Frames.

3. What the Service is, and what it is not

3.1 The Service counts people crossing a line you configure, estimates how many people are in an area, raises alerts you configure, and reports on all of it.

3.2 The Service is a business analytics tool. It is not:

• a security or life-safety system;
• a fire-safety or legal occupancy-limit system;
• a system of record for payroll, attendance or discipline;
• an identification, face-recognition or biometric system, and we do not build one;
• a video recorder. We do not record, store or retain your video.

3.3 We publish no accuracy percentage and we do not warrant one. Counts are produced by computer vision from your own cameras, in your own lighting, at your own camera angle. Accuracy depends on conditions we do not control. You must not represent to any third party that JoynVision guarantees a level of counting accuracy.

3.4 We may change, add to or remove features. If a change removes a feature you are actively using, we will tell you before it takes effect where we reasonably can.

4. Your account

4.1 You must give accurate registration details and keep them current, including — where you are an Indonesian taxable entity — your NPWP and, for multi-location businesses, your NITKU.

4.2 You are responsible for everything done under your account, for keeping credentials secret, and for the people you invite into your organisation and the roles you give them. Tell us promptly if you believe an account has been compromised.

4.3 One account covers one business organisation. You may register multiple Sites under it, subject to your plan's Site allowance.

5. Licence to the Site Software

5.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to install and run the Site Software on computers at your own premises, for as long as your subscription is in good standing, and only to use the Service.

5.2 You may not sublicense, resell, rent, or provide the Site Software or the Service to a third party as a service of your own; reverse-engineer, decompile or disassemble it except to the extent that restriction is unenforceable under applicable law; or remove or alter any notice in it.

5.3 The Site Software includes third-party open-source components, listed in the third-party notices that ship with it. Those components are licensed to you under their own terms, and where those terms conflict with clause 5.2, their terms prevail for that component.

5.4 We may issue updates to the Site Software. You agree to allow updates to be applied, since an out-of-date agent may stop counting correctly or stop being supported.

6. Your cameras, your premises, your responsibility

6.1 You own and operate the cameras. We do not supply, own, install, aim, configure or maintain them, and we have no control over what they see.

6.2 You are solely responsible for:

• having a lawful basis to operate CCTV on your premises and to record the people it records, under Indonesian law including Law No. 27 of 2022 on Personal Data Protection (UU PDP);
• giving notice to people who are recorded — visible signage at each entrance covered by a camera, in Bahasa Indonesia;
• not pointing cameras where people have a reasonable expectation of privacy — toilets, changing rooms, prayer rooms, staff rest areas — or into a neighbouring property or the street beyond what is necessary;
• deciding who inside your business may view footage, and holding them to it;
• responding to requests from the people you record about their own data on your own premises, since you hold the footage and we do not;
• telling and, where required, consulting your employees before you turn on features that distinguish staff from customers.

6.3 The Customer Obligations sheet supplied with your installation sets these out in practical terms. It is guidance, not legal advice, and it does not reduce your responsibility under this clause 6.

6.4 In relation to any footage held on your premises, you act on your own account. In relation to Your Content that we hold, we process it as described in the Privacy Policy and on your instructions. [TO CONFIRM: the correct UU PDP controller / processor characterisation, to be confirmed by the lawyer and mirrored here]

7. Free trial

7.1 A new organisation starts on a free trial of 14 days, covering every feature, with an allowance of up to 3 Sites. No card and no payment details are required to start it.

7.2 At the end of the trial nothing is charged automatically and nothing is deleted. If you have not started a paid subscription, the account moves to a grace period and then becomes read-only: your data and history remain visible, and new counting stops being ingested for Sites beyond your entitlement. Starting a paid subscription restores full use.

7.3 One free trial per business. We may end a trial early if it is being used to evade payment.

8. Fees, tax and payment

8.1 Currency and tax. Fees are in Indonesian Rupiah (IDR). Prices we quote to you are inclusive of PPN at the applicable rate (currently 11% effective — 12% applied to a base of 11/12 of the price, under PMK 131/2024) unless the quote says otherwise in writing. If the rate or the basis changes, the tax component changes accordingly. [TO CONFIRM: our PKP status, and whether we issue a Faktur Pajak through Coretax]

8.2 Billing period. The subscription is billed per Site per month in advance, unless you have agreed an annual prepayment.

8.3 How payment actually works. There is no card on file and nothing is auto-charged. We issue an invoice to your billing contact; you pay it by bank transfer or virtual account to the account shown on the invoice, and record the transfer reference in the Billing screen. Payment is due within [TO CONFIRM: 14] days of the invoice date.

8.4 Withholding tax (PPh 23). If you are required to withhold PPh 23 on the service fee, transfer the fee net of the withholding and send us the bukti potong. An invoice short-paid by the expected withholding is treated as paid in full — you will not be chased for it and your service will not be suspended for it. You remain responsible for remitting the withheld amount and for issuing the bukti potong.

8.5 Late payment. If an invoice is unpaid after its due date the account enters a grace period of 14 days, during which everything keeps working and you will see a notice. After the grace period the account becomes read-only: your historical data stays visible and downloadable, and live counting stops. Paying the outstanding invoice restores service.

8.6 Price changes. We may change prices. A change to your subscription will be notified at least 30 days before it takes effect, and it takes effect at your next billing period. If you do not accept it, you may cancel under clause 9 before it applies.

8.7 Bank charges, transfer fees and currency costs on your side are yours.

9. Cancellation, suspension and termination

9.1 You may cancel at any time, from the Billing screen or by writing to us. Cancellation takes effect at the end of the period you have already paid for. The Service stays fully available until then.

9.2 No partial refunds. We do not refund unused parts of a paid month or of an annual prepayment, except where a refund is required by law or where we have cancelled under clause 9.4.

9.3 We may suspend your access without notice if we reasonably believe your use is causing a security risk, harming other customers or our infrastructure, or is unlawful. We will tell you why as soon as we reasonably can and restore access once it is resolved.

9.4 We may terminate with 30 days' written notice for convenience — in which case we refund the unused portion of any prepayment — or immediately for a material breach of these Terms that you have not fixed within 14 days of being told about it.

9.5 After termination, you may request an export of your Count Events for [TO CONFIRM: 30] days. After that we may delete your data in line with the Privacy Policy. Your licence to the Site Software ends and you must uninstall it.

10. Acceptable use

You must not, and must not allow anyone else to:

• 10.1 use the Service to identify, track or profile a named individual, or attempt to derive identity, face templates or any other biometric data from it;
• 10.2 use it to monitor an individual employee's productivity, breaks or attendance as a system of record, or as the sole evidence in a disciplinary or dismissal process;
• 10.3 point a camera at a place where the people recorded would reasonably expect privacy, or at premises you do not control;
• 10.4 use it for unlawful surveillance, harassment, stalking, or discrimination on the basis of any protected characteristic;
• 10.5 probe, scan, overload or attempt to circumvent the security of the Service, or access another customer's data;
• 10.6 resell, white-label or provide the Service to third parties without our written agreement;
• 10.7 upload malware, or use the Service in breach of any law that applies to you.

Breach of clause 10 is a material breach.

11. Availability and support

11.1 We aim to keep the hosted dashboard available, but we do not offer a service level guarantee and none is implied. Planned maintenance will be notified where practical.

11.2 The Service depends on things we do not control: your cameras, your PC, your local network, your electricity and your internet connection. If any of those stop, counting stops.

11.3 The Site Software buffers Count Events locally when the internet is down and uploads them when it returns, so an outage of your connection normally costs you no data. This is a design behaviour, not a guarantee.

11.4 Support is by [TO CONFIRM: channel — email / WhatsApp number] during [TO CONFIRM: hours, timezone]. Response times are targets, not commitments.

12. Your data

12.1 What we collect, what we do not collect, how long we keep it and who we share it with are set out in the Privacy Policy, which forms part of these Terms.

12.2 You own Your Content. You grant us only the licence needed to operate, secure, support and improve the Service for you.

12.3 We may use aggregated, de-identified statistics that cannot identify you, your Sites or any individual, to operate and improve the Service.

12.4 You can request an export or deletion of Your Content at any time.

13. Intellectual property

13.1 We own the Service, the Site Software and everything in them, other than Your Content and third-party components. Nothing here transfers ownership.

13.2 If you send us feedback or suggestions, we may use them freely and without obligation to you.

14. Warranties and disclaimers

14.1 We warrant that we will provide the Service with reasonable care and skill.

14.2 Otherwise the Service is provided as is. To the fullest extent permitted by law we exclude all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the accuracy, completeness or reliability of counts, occupancy figures, dwell times, alerts or reports.

14.3 We do not warrant that the Service will be uninterrupted or error-free, or that any camera will remain reachable, or that any notification will be delivered.

15. Limitation of liability

15.1 Neither party excludes liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

15.2 Subject to 15.1, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, or loss or corruption of data, however caused.

15.3 Subject to 15.1, our total aggregate liability arising out of or in connection with these Terms is limited to the fees you actually paid us in the twelve (12) months immediately before the event giving rise to the claim.

15.4 We are not liable for any loss arising from your cameras, your premises, your handling of footage we never receive, or your failure to meet clause 6.

15.5 You acknowledge that the fees are set on the basis of these limits, and that you have not relied on any accuracy figure in deciding to subscribe.

16. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from (a) your operation of cameras or CCTV on your premises, including any claim by a person recorded by them; (b) your breach of clause 6 or clause 10; or (c) your breach of any law in your use of the Service. We will tell you promptly of any such claim and will not settle it without your agreement, not to be unreasonably withheld.

17. Confidentiality

Each party will keep the other's non-public information confidential, use it only for the purposes of these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, was already known to it, or must be disclosed by law.

18. Changes to these Terms

18.1 We may update these Terms. We will post the updated version on this page with a new last-updated date.

18.2 For a change that materially reduces your rights or increases your obligations, we will give at least 30 days' notice to your account email before it takes effect. Continuing to use the Service after that date means you accept the change; if you do not, you may cancel under clause 9.1.

19. Governing law and disputes

19.1 These Terms are governed by the laws of the Republic of Indonesia.

19.2 The parties will try in good faith to settle any dispute by discussion first. Failing that, the dispute is submitted to [TO CONFIRM: the competent District Court, or BANI arbitration in Jakarta — forum still to be chosen].

19.3 Language. These Terms are published in English and in Bahasa Indonesia. [TO CONFIRM: Law No. 24 of 2009 requires agreements involving an Indonesian party to be made in Bahasa Indonesia; which version prevails must be settled by the lawyer] Until that is settled, the Indonesian version is provided for convenience.

20. General

• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor of our business, on notice to you.
• Force majeure. Neither party is liable for a failure caused by an event outside its reasonable control, including natural disaster, power or telecommunications failure, government action, or civil disturbance.
• Severability. If a provision is unenforceable, the rest stands.
• No waiver. Not enforcing a right is not a waiver of it.
• Entire agreement. These Terms, the Privacy Policy and any written order form are the whole agreement between us, and replace any earlier discussion.
• Notices. To you: the email address on your account. To us: [TO CONFIRM: legal notice email and postal address]
• No partnership. Nothing here creates a partnership, joint venture or employment relationship.

21. Contact

[TO CONFIRM: entity name, address and contact email]