Version 2.0 — Effective date: 2026-07-01. Supersedes all previous versions.
This Agreement covers the SYBU SmartScale system software, including the SmartScale Node, Leaderboard and Intake Node software, SYBU ScaleMaster (and its plugins), the SmartScale firmware, and SYBU CloudScale including the CloudScale API (together “the Software”). The Software is owned by SYBU DATA (Pty) Ltd (“SYBU DATA”).
You should carefully read the following terms and conditions before using the Software. Unless you have a different license agreement signed by SYBU DATA, your use, distribution, or installation of this copy of the Software indicates your acceptance of this License.
If you obtained the Software as part of a scale system supplied by an authorised SYBU DATA manufacturing partner (“the Partner”), this EULA governs your use of the Software, and your hardware, installation and support arrangements are with the Partner.
If you do not agree to any of the terms of this License, then do not install, distribute or use this copy of the Software.
ACCESS TO THE SOFTWARE
You may access this copy through a network, provided that you have obtained an individual license for each workstation on which SYBU ScaleMaster is installed. Scale Nodes, Leaderboards and Intake Nodes operating under a licensed ScaleMaster do not require separate workstation licenses unless otherwise stated.
You must obtain a software license to use the Software. The license must be renewed every year. The license can be purchased via a yearly paid subscription from SYBU DATA or an authorised SYBU DATA partner. We do not provide refunds or credits for any cancelled or partial subscription periods, except where required by applicable law or where SYBU DATA withdraws the Software, in which case the unexpired portion of prepaid fees will be refunded.
GRANT OF LICENSE
The Software is the property of SYBU DATA. We grant you limited, non-exclusive, non-transferable, and revocable permission to make use of the Software for such time until either you or SYBU DATA terminates this Agreement.
The Software and its content is licensed to you, not sold, even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices.
All rights of any kind in the Software that are not expressly granted in this License are entirely and exclusively reserved by SYBU DATA.
You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar business.
Except as set out in this paragraph, there are no third-party beneficiaries of this Agreement, and no promises, obligations or representations are made by SYBU DATA other than those expressly stated herein. The Partner from whom you obtained your system is an intended third-party beneficiary of this Agreement solely for the purpose of verifying and enforcing your compliance with this License on behalf of SYBU DATA.
TERM AND TERMINATION
Your license runs for the annual period for which the applicable license fee has been paid. SYBU DATA may terminate this Agreement with immediate effect on written notice if you breach this License, including non-payment of license fees, reverse engineering or modification of the Software, or breach of the export control provisions below.
On termination or expiry of this Agreement for any reason, you must cease all use of the Software, uninstall it, and destroy all copies in your possession. The provisions relating to ownership, warranty disclaimer, limitation of liability, data and privacy, and governing law survive termination.
OWNERSHIP
The SYBU DATA software applications are not sold or transferred to you, and SYBU DATA retains ownership of all copies of the Software and its Content, even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices.
DATA AND PRIVACY
Production data and packer data captured by your system belong to you. You are the responsible party / data controller for any personal information of your staff (such as packer names, identifiers and performance data) processed by the Software under applicable data protection laws, including POPIA and, where applicable, the GDPR. SYBU DATA processes such data only as necessary to provide the CloudScale service, in accordance with the SYBU DATA Privacy Policy available at sybu.co.za/privacy-policy.
Data retention periods are determined by your CloudScale subscription plan. On termination of your subscription, you are responsible for exporting your data before the end of the applicable retention period, after which it may be permanently deleted.
WEIGHING AND CALIBRATION
The Software displays and records weights measured by scale hardware that is assembled, installed and calibrated by the Partner or another party — not by SYBU DATA. SYBU DATA does not certify scales for legal metrology or trade use. Compliance with applicable trade-measurement and metrology laws, and adherence to calibration schedules, are the responsibility of your site and your Partner.
You are responsible for verifying production data and for maintaining exports or backups of records that are critical to your business.
API AND SECURITY TOKENS
Access to the CloudScale API uses your site’s API Security ID and Security Token. You must keep these credentials confidential, you are responsible for all use of the API under your credentials, and you must notify SYBU DATA without delay if you suspect they have been compromised. You may not use the API in a manner that degrades the CloudScale service for other users.
THIRD-PARTY and OPEN-SOURCE COMPONENTS
The system includes third-party and open-source software components (including the Linux operating system supplied on the Scale Node), which are licensed under their own terms. Nothing in this EULA restricts any rights granted to you under those licenses. Applicable notices are available from SYBU DATA on request.
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
This Software, and all accompanying files, data and materials, is distributed “AS IS”, with no warranties of any kind, whether express or implied. The user must assume the entire risk of using the Software. This disclaimer of warranty constitutes an essential part of the Agreement.
SYBU DATA’s liability will be limited exclusively to the refund of the annual license fee actually paid by you for the affected Software for the then-current license year. In addition, in no event shall SYBU DATA, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, be liable for any consequential or incidental damages whatsoever including, without limitation, damages arising out of loss of business profits, business interruption, loss of business information, work stoppage, computer failure or malfunction, or any undirected damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract or otherwise) upon which the claim is based, relating to the use of the Software, or your relationship with SYBU DATA.
In addition, in no event does SYBU DATA authorise you to use the Software in applications or systems where the Software’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold SYBU DATA harmless from any claims or losses relating to such unauthorised use.
CHANGES TO THIS EULA OR TO THE SOFTWARE
SYBU DATA reserves the right to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Material changes will be notified with reasonable advance notice where possible (via the Software or the website); other changes are effective on posting. You can review the most current version of this EULA by clicking on the “EULA” link located in the Software or on www.sybu.co.za.
You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA and must immediately uninstall the Software and destroy all copies of the Software. Your continued use of the Software following any revision to this EULA constitutes your acceptance of such changes.
SYBU DATA may modify the Software for any reason, at any time and at its discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimise the Software. You agree that the Software may install or download the modifications automatically. You agree that SYBU DATA may cease support of previous versions of the Software upon availability of an updated version.
First-line support for your system, including installation, calibration and on-site support, is provided by the Partner from whom you obtained it. SYBU DATA does not provide support directly to end users.
CHANGES TO THIS EULA OR TO THE SOFTWARE
SYBU Data reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Software or on www.sybu.co.za
You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA and must immediately uninstall the Software and destroy all copies of the Software. Your continued use of the Software following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
SYBU Data may modify the Software for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimise the Software. You agree that the Software may install or download the modifications automatically. You agree that SYBU Data may cease support of previous versions of the Software upon availability of an updated version.
SYBU Data’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Software.
MISCELLANEOUS
SYBU DATA will make reasonable efforts to keep the SYBU DATA CloudScale service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes, from time to time, may result in temporary interruptions.
SYBU DATA reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions and features of the SYBU DATA CloudScale service, with advance notice where possible. These can include but are not limited to functional and pricing changes to the service tiers, storage plans and data retention changes. Where a feature you have prepaid for is permanently discontinued, SYBU DATA will refund the unexpired prepaid portion attributable to that feature.
You understand, agree, and accept that SYBU DATA will make reasonable efforts, although it has no obligation, to maintain, support, upgrade, or update the service.
PRIOR AGREEMENTS AND GOVERNING LAWS
This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of South Africa. Any dispute arising out of or in connection with this Agreement that cannot be resolved by good-faith negotiation shall be finally resolved by arbitration in Cape Town, South Africa, under the rules of the Arbitration Foundation of Southern Africa (AFSA), by a single arbitrator, in English. Nothing in this clause prevents either party from seeking urgent interim relief from a competent court.
CONTACT
For any question concerning this License Agreement, you may contact us by completing the Contact Us form on our website: https://sybu.co.za/contact/