Exhibit D – Akvo Caddisfly Services and Support Terms and Conditions

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1 – Introduction

The Akvo Caddisfly Services Terms and Conditions are part of the Akvo General Terms and Conditions.

2 – Product definition

Akvo Caddisfly is Akvo’s mobile drinking water testing solution (The Product). Akvo Caddisfly comprises different types of water quality tests. The specific Caddisfly tests delivered by Akvo to the Partner are defined in the Agreement.

3 – Responsibilities

The following assumptions have been made in defining the Agreement and any changes to these assumptions may require a corresponding change in scope:

Akvo as owner and creator of Akvo Caddisfly shall:

  • Deliver technical assistance and training on request to ensure good use of Akvo Caddisfly
  • Related to any Akvo Caddisfly development or adaptation, fix bugs and deliver general support in this engagement. Akvo welcomes suggestions for improvement of the software and services. Feature requests or enhancements can become part of the development roadmap of Akvo Caddisfly
  • Update Partner of any improvement in Akvo Caddisfly
  • Share test data with interested third parties to ensure continuous development of the available Akvo Caddisfly tests for which the Partner hereby gives its express approval.

The Partner herein specifically agrees and acknowledges that for the purposes of this Agreement, it is a testing and implementing partner of Akvo with respect to the Product, and shall:

  • Use the Product in the manner prescribed in the instruction manual enclosed in the Product kit
  • Maintain all records and data with respect to the available tests carried out by it to measure the level of contamination in water samples
  • Share all documents pertaining to the use of the Product, including but not limited to data, records, findings, analysis, results, reports, etc., with any third party. However, any test data provided by the Partner shall contain aggregate data instead of individual or household profiles of people who participated in the test
  • Consider Akvo’s request to contribute to video interviews, blogs, etc. in connecting with Akvo Caddisfly and the tests undertaken using the Product
  • Acknowledge Akvo as the owner of the Akvo Caddisfly mobile application as well as the Akvo Caddisfly trademark, whenever required by Akvo.

4 – Product assumptions

The following assumptions have been made in defining the Agreement and any changes to these assumptions may require a corresponding change in scope:

4.1 The Product shall only be used to carry out available tests on the type of water samples the Akvo Caddisfly tests were specifically designed for as described in the manual.

4.2 The Partner acknowledges that the Product is not ready for commercial usage and is still a work-in-progress. Accordingly, it shall not assign, transfer or re-sell the Product to any third party without prior written approval of Akvo.

4.3 In order to conduct the test, the Partner shall use its own cell phone (or cell phone (s) delivered by Akvo as described in the Agreement) and attach the ingredients of the Product kit to it. The test result will be displayed on Akvo’s mobile application “Akvo Caddisfly.” Notwithstanding anything contained herein, the Partner shall ensure that the hardware used for testing is compatible with the version of Akvo Caddisfly developed by Akvo.

4.4 While testing drinking water samples using the Product, the Partner shall sign-in to a Partner Akvo Flow instance or if agreed in the Agreement to the Caddisfly data storage, which shall store all test data and results with Akvo. In the latter Akvo shall be free to share all such data with any third party under an open data license, the Open Data Commons Open Database License version 1.0 or higher for which the Partner hereby gives express approval.

4.5 The Partner acknowledges and confirms that the tests undertaken by it using the Product are only screening tests and not a substitute for laboratory tests. Accordingly, the Partner shall not take any decision on the potability or otherwise of drinking water solely on the basis of using the Product. Specific reference is made to article 6. Limitations of liability in Akvo’s General Terms and Conditions.

4.6 In the event the Partner conducts tests on water collected from natural sources, there will be some variability in water quality parameters over a period of time. Accordingly, the Partner confirms that while testing, source data with different methods of testing shall be compared with water samples collected at the same place and time.

4.7 All testing by the Partner shall be in strict accordance with the instruction manual present in the Product kit, including the storage and handling of all ingredients as well as complying with the instructions pertaining to errors, test range, etc. The Partner agrees to use any reagents before their expiry dates mentioned on their packaging and acknowledges that in the event the expired reagents are used, the test results would vary.

4.8 A new release of the current Akvo Caddisfly app can be updated for no additional cost. The Partner has to update all mobile devices as necessary.

4.9 Akvo Caddisfly is a product that is continuously improved. New features will be made available to our partners in new releases. All user feedback from our partners will be used to further develop the product and its features, providing accessibility and functionality to an increasing user base, and removing barriers to using the product.

5 – Project assumptions

Costs and activities related to the use of Akvo Caddisfly are clearly marked in the Agreement.

Any required Akvopedia, Akvo Flow and/or Akvo RSR services are covered under separate services terms and conditions. Akvopedia is accessible free of charge.

Last updated: 28 July 2016