Last updated: 10 August 2026
Application: Stintry v3.16.0
Application: Stintry v3.16.0
# END USER LICENSE AGREEMENT (EULA)
**Stintry — Stock Take & Warehouse Management System**
**Company:** Nexvintrix
**Application:** Stintry
**Effective Date:** 16 February 2026
**Last Updated:** 10 August 2026
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## IMPORTANT — READ CAREFULLY
This End User License Agreement ("Agreement" or "EULA") is a legally binding contract between you (the "Licensee", "Customer", "you" or "your") and **Theunis Gerhardus Kerry and Nicolaas Jacobus Robbertse** (together, the "Licensors", "we", "us" or "our") governing your use of **Stintry**, the software application associated with **Nexvintrix**, including all associated modules, updates, documentation, and services (collectively, the "Software").
By accessing or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. **If you do not agree to these terms, do not access or use the Software.**
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.
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## 1. DEFINITIONS
1.1. **"Software"** means Stintry, the software application associated with Nexvintrix, including the cloud-hosted web application, the mobile scanner interface, all associated APIs, background services, and any updates, patches, or new versions provided to you.
1.2. **"Cloud Service"** means the hosted version of the Software accessed via a web browser at a URL provided by the Licensors or by **Nexvintrix** as the service operator (e.g., hosted on Railway.app or similar infrastructure).
1.3. **"Authorised Users"** means the individuals authorised by the Licensee to access and use the Software, as permitted under the applicable licence tier.
1.4. **"Customer Data"** means all data, including but not limited to product catalogues, barcodes, pricing and landed-cost inputs, stock counts and spot counts, images, scan logs, transfer and GRV records, warehouse and bin configurations, dashboard profiles and calendar events, reports (including ageing and dead-stock analysis), floor/stock requests, and related operational records, entered into or generated by the Software by the Licensee or its Authorised Users.
1.5. **"Documentation"** means any user guides, help files, release notes, or technical documentation provided with the Software.
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## 2. LICENCE GRANT
2.1. **Limited Licence.** Subject to the terms of this Agreement and payment of all applicable fees, the Licensors grant the Licensee a non-exclusive, non-transferable, revocable, limited licence to use the Software solely for the Licensee's internal business operations.
2.2. **Cloud Access.** Where the Software is provided as a Cloud Service, the Licensors grant the Licensee the right to access and use the Software via the designated URL for the term of the applicable subscription or agreement.
2.3. **Mobile Scanner Access.** The licence includes the right for the Licensee's Authorised Users to access the mobile scanner interface from compatible mobile devices, solely in connection with the Licensee's authorised use of the Software.
2.4. **Scope.** The licence granted herein is limited to the number of Authorised Users, warehouses, and/or other parameters specified in the applicable order, quotation, or subscription agreement between the parties.
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## 3. RESTRICTIONS
The Licensee shall NOT:
3.1. Copy, reproduce, modify, adapt, translate, or create derivative works based on the Software, in whole or in part;
3.2. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying algorithms, or structure of the Software;
3.3. Rent, lease, lend, sell, sublicense, distribute, or otherwise make the Software available to any third party, except as expressly authorised;
3.4. Remove, obscure, or alter any proprietary notices, labels, watermarks, or branding contained in or displayed by the Software;
3.5. Use the Software to build a competing product or service, or for benchmarking or competitive analysis;
3.6. Attempt to gain unauthorised access to the Software, its servers, networks, or databases;
3.7. Introduce any virus, trojan, worm, malware, or other harmful code into the Software;
3.8. Use the Software for any unlawful purpose or in violation of any applicable law or regulation;
3.9. Share login credentials, API keys, or authentication tokens with unauthorised individuals;
3.10. Exceed the number of Authorised Users or any other usage limits specified in the applicable agreement.
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## 4. INTELLECTUAL PROPERTY
4.1. **Ownership.** The Software, including all intellectual property rights therein (including but not limited to copyrights, patents, trademarks, trade secrets, and design rights), is and shall remain the exclusive co-owned property of the Licensors.
4.2. **No Transfer.** This Agreement does not convey to the Licensee any rights of ownership in or related to the Software. All rights not expressly granted herein are reserved by the Licensors.
4.3. **Feedback.** If the Licensee provides any suggestions, enhancement requests, recommendations, or other feedback regarding the Software ("Feedback"), the Licensors shall be free to use, incorporate, and commercialise such Feedback without obligation or compensation to the Licensee.
4.4. **Branding.** "Stintry" and associated logos and marks are the property of the Licensors. The Licensee may not use such marks without prior written consent.
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## 5. CUSTOMER DATA
5.1. **Ownership of Data.** The Licensee retains all ownership rights in and to its Customer Data. The Licensors do not claim ownership of Customer Data.
5.2. **Licence to Data.** The Licensee grants the Licensors a limited, non-exclusive licence to access, use, and process Customer Data solely as necessary to provide, maintain, and improve the Software and related services.
5.3. **Data Security.** The Licensors and/or Nexvintrix as service operator shall implement reasonable technical and organisational measures to protect Customer Data against unauthorised access, loss, or alteration, including but not limited to encryption, secure authentication, and regular backups.
5.4. **Data Portability.** The Licensee may export its Customer Data at any time using the Software's built-in export features (CSV, SAP format, or other available formats).
5.5. **Data Retention.** Upon termination of this Agreement, the Licensors shall, at the Licensee's request, provide the Licensee with a copy of its Customer Data in a standard format. The Licensors may delete Customer Data thirty (30) days after termination unless otherwise required by law.
5.6. **Backups.** The Licensors provide automated backup functionality as part of the Software. However, the Licensee is responsible for maintaining its own backup copies of critical data.
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## 6. PRIVACY AND DATA PROTECTION
6.1. **Personal Information.** The Software may collect and process limited personal information, including usernames, login credentials, and scanner operator identities. The Licensors shall process such data in compliance with the **Protection of Personal Information Act (POPIA), 2013** and any other applicable data protection legislation.
6.2. **Purpose Limitation.** Personal information collected through the Software shall be used solely for the purposes of user authentication, audit trail logging, and system administration.
6.3. **No Sale of Data.** The Licensors shall not sell, share, or otherwise disclose Customer Data or personal information to third parties, except as required by law or with the Licensee's prior written consent.
6.4. **Responsible Party.** The Licensee is the responsible party (as defined in POPIA) for all personal information it processes using the Software and shall ensure that it has obtained all necessary consents and authorisations from data subjects.
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## 7. FEES AND PAYMENT
7.1. **Licence Fees.** The Licensee shall pay the applicable licence fees as agreed between the parties in a separate order, quotation, or subscription agreement.
7.2. **Taxes.** All fees are exclusive of VAT and other applicable taxes, which shall be the Licensee's responsibility.
7.3. **Late Payment.** The Licensors reserve the right to suspend access to the Software if any fees remain unpaid for more than thirty (30) days after the due date.
7.4. **No Refund.** Licence fees are non-refundable except as expressly provided in the applicable agreement or as required by the Consumer Protection Act, 2008.
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## 8. SUPPORT AND UPDATES
8.1. **Updates.** The Licensors may, from time to time, release updates, patches, or new versions of the Software. Such updates may be applied automatically.
8.2. **Support.** Technical support is provided in accordance with the support plan agreed upon between the parties. The Licensors do not guarantee 24/7 availability unless expressly agreed.
8.3. **Modifications.** The Licensors reserve the right to modify, enhance, or discontinue features of the Software at any time. The Licensors shall endeavour to provide reasonable notice of any material changes.
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## 9. WARRANTY DISCLAIMER
9.1. THE SOFTWARE IS PROVIDED **"AS IS"** AND **"AS AVAILABLE"** WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
9.2. THE LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- NON-INFRINGEMENT;
- ACCURACY OR RELIABILITY OF DATA;
- UNINTERRUPTED OR ERROR-FREE OPERATION.
9.3. The Licensors do not warrant that the Software will meet the Licensee's specific requirements, that the Software will be compatible with all hardware or software configurations, or that any defects will be corrected.
9.4. No advice or information, whether oral or written, obtained from the Licensors shall create any warranty not expressly stated in this Agreement.
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## 10. LIMITATION OF LIABILITY
10.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business;
- Loss of data or data corruption;
- Loss of goodwill;
- Business interruption;
- Cost of procurement of substitute goods or services;
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. **Maximum Liability.** The Licensors' total aggregate liability under this Agreement shall not exceed the total fees paid by the Licensee to the Licensors during the twelve (12) months immediately preceding the event giving rise to the claim.
10.3. **Essential Purpose.** The limitations in this section shall apply even if any limited remedy fails of its essential purpose.
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## 11. INDEMNIFICATION
11.1. The Licensee shall indemnify, defend, and hold harmless the Licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- The Licensee's use of the Software in violation of this Agreement;
- The Licensee's breach of any applicable law or regulation;
- Any claim by a third party arising from the Licensee's Customer Data.
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## 12. TERM AND TERMINATION
12.1. **Term.** This Agreement is effective from the date the Licensee first accesses or uses the Software and continues for the duration agreed between the parties, or until terminated as provided herein.
12.2. **Termination by Licensee.** The Licensee may terminate this Agreement at any time by ceasing all use of the Software and destroying all copies in its possession.
12.3. **Termination by Licensor.** The Licensors may terminate this Agreement immediately upon written notice if:
- The Licensee breaches any material term of this Agreement and fails to cure such breach within fourteen (14) days of receiving notice;
- The Licensee fails to pay any fees when due;
- The Licensee becomes insolvent, enters liquidation, or has a receiver appointed.
12.4. **Effect of Termination.** Upon termination:
- The Licensee's right to access and use the Software shall immediately cease;
- The Licensee shall destroy any unauthorised copies of the Software in its possession;
- Sections 4, 5, 9, 10, 11, and 14 shall survive termination;
- The Licensors may delete the Licensee's account and Customer Data after thirty (30) days, unless the Licensee requests a data export.
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## 13. CONFIDENTIALITY
13.1. Each party shall treat as confidential all non-public information disclosed by the other party in connection with this Agreement ("Confidential Information").
13.2. Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.
13.3. The Licensors' Confidential Information includes, without limitation, the Software's source code, architecture, algorithms, pricing structures, and business plans.
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## 14. GOVERNING LAW AND DISPUTES
14.1. **Governing Law.** This Agreement shall be governed by and construed in accordance with the laws of the **Republic of South Africa**.
14.2. **Jurisdiction.** The parties submit to the exclusive jurisdiction of the Magistrate's Court or High Court of South Africa, as applicable, for the resolution of any disputes arising out of or in connection with this Agreement.
14.3. **Mediation.** Before instituting legal proceedings, the parties shall attempt to resolve any dispute through good-faith negotiation and, if necessary, mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
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## 15. GENERAL PROVISIONS
15.1. **Entire Agreement.** This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements, understandings, and communications, whether written or oral.
15.2. **Amendment.** The Licensors may update this EULA from time to time. Material changes will be communicated to the Licensee with reasonable notice. Continued use of the Software after such notice constitutes acceptance of the updated terms.
15.3. **Severability.** If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.4. **Waiver.** No failure or delay by the Licensors in exercising any right under this Agreement shall constitute a waiver of that right.
15.5. **Assignment.** The Licensee may not assign or transfer this Agreement or any rights hereunder without the Licensors' prior written consent. The Licensors may assign this Agreement freely.
15.6. **Force Majeure.** Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, pandemic, power failure, internet disruption, or government action.
15.7. **Notices.** All notices under this Agreement shall be in writing and delivered to the addresses specified by the parties.
15.8. **Independent Contractors.** The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship.
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## 16. CONSUMER PROTECTION
16.1. To the extent that the Consumer Protection Act, 2008 (South Africa) applies to this Agreement, nothing herein shall be interpreted to limit the Licensee's rights under that Act.
16.2. The Licensee acknowledges that the Software is provided primarily for business use and that certain consumer protection provisions may not apply to business-to-business transactions.
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## 17. ELECTRONIC COMMUNICATIONS
17.1. By using the Software, the Licensee consents to receiving communications from the Licensors or from Nexvintrix as service operator electronically, including via email, in-app notifications, or system messages.
17.2. The Licensee agrees that this Agreement, accepted electronically (e.g., by clicking "I Accept" or by accessing the Software), satisfies any legal requirement that such agreement be in writing, in accordance with the Electronic Communications and Transactions Act, 2002 (South Africa).
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## 18. THIRD-PARTY COMPONENTS
18.1. The Software may incorporate or depend upon third-party open source libraries and components. Such components are subject to their own licence terms (e.g., MIT, Apache 2.0, ISC). The Licensors make no warranty regarding third-party components and are not liable for any issues arising from their use.
18.2. A list of key third-party dependencies and their licences is available upon written request. The Licensee acknowledges that the Licensors' intellectual property claims under this Agreement do not extend to third-party open source code.
18.3. The Service may integrate with third-party platforms including, but not limited to, Railway, Render, and SAP Business One. Use of such platforms is subject to their respective terms of service and privacy policies.
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## 19. RELATED DOCUMENTS
19.1. This EULA should be read together with the following documents, which form part of the overall legal framework governing the Service:
- **Terms of Service** — governs the customer-facing SaaS relationship, billing, and service availability;
- **Privacy Policy** — describes how personal information and customer data are collected, used, stored, and protected.
19.2. These documents are available from the Stintry marketing site and from the hosted application (Privacy Policy, Terms of Service, and EULA routes).
19.3. In the event of any conflict between this EULA and the Terms of Service, the terms of this EULA shall prevail with respect to software licensing matters, and the Terms of Service shall prevail with respect to service delivery and billing matters.
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## ACKNOWLEDGEMENTS
The Software is co-owned by the following individuals:
- **Theunis Gerhardus Kerry** — Co-Owner
- **Nicolaas Jacobus Robbertse** — Co-Owner
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## CONTACT INFORMATION
For questions, licensing enquiries, or legal notices:
**Theunis Gerhardus Kerry and Nicolaas Jacobus Robbertse**
Service Operator: Nexvintrix
Email: support@nexvintrix.co.za
South Africa
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**© 2026 Theunis Gerhardus Kerry and Nicolaas Jacobus Robbertse. All rights reserved.**
*By clicking "I Accept" or by accessing or using the Software, you acknowledge that you have read and agree to be bound by this End User License Agreement.*