Terms of Service

Effective date: [TO CONFIRM: launch date] Last updated: 2026-05-05

These Terms of Service (“Terms”) govern your access to and use of BlueBerry by Humanitas (the “Service”), a mobile application and related web services operated by Humanitas (Pty) Ltd (“Humanitas”, “we”, “us”). By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms.

If you do not agree to these Terms, do not use the Service.

1. Who can use BlueBerry

BlueBerry is intended for wellness practitioners aged 18 or over — including registered counsellors, psychologists, social workers, occupational therapists, coaches, and equivalent professionals, as well as supervised practitioners-in-training.

By creating an account you confirm that you are at least 18 years old and that the information you provide is accurate.

2. The Service

BlueBerry provides:

• Validated screening instruments that you may administer to your clients in the course of your practice;
• Toolkits containing psychoeducational content, exercises, and prompts;
• A space to record notes and resources related to your practice.

The Service supports your professional work. It does not provide medical advice, diagnosis, or treatment, and is not a medical device. You remain solely responsible for any clinical decision you make.

3. Your account

You are responsible for:

• Maintaining the confidentiality of your sign-in credentials;
• All activity that occurs under your account;
• Notifying us promptly at support@humanitas.co.za of any suspected unauthorised access.

We may suspend or terminate accounts that we reasonably believe have been compromised, are being used in breach of these Terms, or are being used in violation of applicable law or professional codes of conduct.

4. Your role and ours when handling client data

When you use BlueBerry to record information about a client (for example, screenings, scores, or notes):

• You are the responsible party / data controller for that client’s personal information. You are responsible for obtaining any consent required under applicable law and professional standards before entering or processing client data in BlueBerry.
• Humanitas is the operator / data processor, processing client information only on your instruction and as described in our Privacy Policy.

You agree not to use BlueBerry to process client information in a way that would breach the Health Professions Act, the Protection of Personal Information Act (POPIA), the General Data Protection Regulation (GDPR) where applicable, or any binding professional code (HPCSA, SACSSP, AHPCSA, or equivalent).

5. Acceptable use

You agree not to:

• Attempt to gain unauthorised access to the Service, other users’ accounts, or our infrastructure;
• Reverse engineer, decompile, or disassemble the Service except where expressly permitted by law;
• Use the Service to send unlawful, infringing, harassing, or harmful content;
• Use the Service to provide services to third parties in a way that resells or sublicenses BlueBerry without our written consent;
• Interfere with or disrupt the integrity or performance of the Service.

6. Your content; licence to operate the Service

You retain ownership of the notes, screening responses, and other content you create or enter in BlueBerry (“Your Content”). You grant Humanitas a limited, non-exclusive, worldwide, royalty-free licence to host, store, transmit, back up, display, and process Your Content solely as necessary to operate, secure, and improve the Service for you, and to comply with legal obligations. We do not use Your Content to train machine-learning models or sell it to third parties.

7. Intellectual property

The Service, including its software, design, brand, and screening-tool implementations, is owned by or licensed to Humanitas and is protected by intellectual-property laws. We grant you a limited, non-transferable, revocable licence to use the Service in accordance with these Terms.

Validated screening instruments included in BlueBerry remain the intellectual property of their respective rights holders. They are made available within BlueBerry under those rights holders’ licensing terms.

8. Fees

The Service is currently provided free of charge during launch. We may introduce paid tiers in future; if we do, we will give you reasonable notice and the option to decline before any charge applies.

9. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, to the maximum extent permitted by law. Without limiting the foregoing, Humanitas does not warrant that the Service will be uninterrupted, error-free, or that defects will be corrected.

BlueBerry is not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or condition. Any clinical interpretation of screening results is the sole responsibility of the practitioner.

10. Limitation of liability

To the maximum extent permitted by law, Humanitas, its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, business opportunity, or goodwill, arising from your use of or inability to use the Service.

Our total cumulative liability arising out of or relating to these Terms or the Service shall not exceed [TO CONFIRM: liability cap — typical: the greater of fees paid in the preceding 12 months or ZAR 1 000].

Nothing in these Terms excludes liability that cannot be excluded or limited by law (including liability for fraud, gross negligence, or death or personal injury caused by negligence).

11. Indemnity

You agree to indemnify and hold Humanitas harmless from any third-party claim arising out of (a) your breach of these Terms, (b) your violation of any law or third-party right, or (c) your use of the Service in connection with your professional practice, including any claim by a client whose data you have entered into BlueBerry.

12. Termination

You may stop using the Service at any time and may delete your account as described in the Account deletion page.

We may suspend or terminate your access to the Service if you breach these Terms, if required by law, or if continuing the Service is no longer commercially or technically viable. Where reasonable, we will give notice before doing so.

Sections that by their nature should survive termination — including sections 4, 6, 7, 9, 10, 11, 13, 14 and 15 — survive.

13. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the app or by email at least [TO CONFIRM: 14–30] days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of South Africa. The courts of South Africa have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Service, except where applicable consumer-protection law gives you the right to bring proceedings in your country of residence.

Before commencing formal proceedings, you agree to first contact us at support@humanitas.co.za and allow [TO CONFIRM: 30 days] to attempt to resolve the dispute in good faith.

15. General

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Humanitas regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Failure to enforce a provision does not waive our right to enforce it later.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

16. Contact

Humanitas (Pty) Ltd [TO CONFIRM: registered office address] Cape Town, South Africa

Email: support@humanitas.co.za