SaaS App Policies

1. PURPOSE & SCOPE

  • These Terms govern access to and use of the Company’s web-based software platforms, dashboards, APIs, and related services (“Services”), whether provided on a subscription, enterprise, or trial basis.

2. AFFILIATES & AUTHORIZED USE

The Customer may permit its Affiliates (subsidiaries, branches, or controlled entities) to access the Services, provided that:

  • The Customer remains fully responsible and liable for all Affiliate usage; and

  • Affiliate use complies with these Terms at all times.

3. SUBSCRIPTION, BILLING & PRICE INDEXATION

  • Fees are billed in advance on a monthly or annual basis unless otherwise agreed in writing.

  • All fees are exclusive of VAT or applicable taxes.

  • Annual Price Adjustment

  • The Company may increase subscription fees annually by a percentage not exceeding CPI + 3%, upon at least 30 days’ written notice. Continued use of the Services constitutes acceptance of the adjusted pricing.

4. SERVICE AVAILABILITY & SERVICE CREDITS

  • Target Uptime: 99.5% per calendar month, excluding scheduled maintenance and force majeure events.

  • Service Credits – Sole Remedy

  • If uptime falls below 99% in any calendar month, the Customer may request a Service Credit equal to 5% of the affected month’s subscription fee, applied to the next invoice.

  • Service Credits constitute the Customer’s sole and exclusive remedy for any failure to meet uptime commitments, and the Company shall have no further liability arising from such downtime.

5. DATA PROTECTION & DATA PROCESSING ADDENDUM

  • The Company acts as Operator under POPIA and Processor under GDPR.

  • All processing of personal data is governed exclusively by the Data Processing Addendum (DPA), incorporated by reference.

  • Security safeguards align with POPIA Sections 19–21 and GDPR Articles 32–36.

6. AI GOVERNANCE & DATA ISOLATION

Where AI-driven features are enabled:

  • AI outputs are probabilistic, non-deterministic, and provided for informational purposes only.

  • No automated decision producing legal or similarly significant effects is made without appropriate safeguards.

  • AI Training Restriction

  • The Company will not use Customer Data to train, improve, or refine any global or public AI models.

  • Any AI fine-tuning is strictly limited to the Customer’s private or logically isolated environment, unless explicitly agreed otherwise in writing.

7. INTELLECTUAL PROPERTY & FEEDBACK

  • The Company retains all rights, title, and interest in the Services, software, and documentation.

  • Feedback License

  • If the Customer provides feedback, ideas, or suggestions, the Customer grants the Company a worldwide, perpetual, irrevocable, royalty-free license to use, incorporate, modify, and commercialize such feedback without restriction or obligation.

8. AUDIT RIGHTS & SECURITY ASSURANCE

  • Upon reasonable written request, and no more than once per year, the Company will provide the Customer with a summary of its most recent Security Audit Report (e.g., SOC 2, ISO-aligned internal audit, or equivalent) to verify compliance with security obligations.

9. LIMITATION OF LIABILITY

  • The Company’s total aggregate liability is limited to the fees paid in the 12 months preceding the claim.

  • No liability is accepted for indirect, consequential, loss-of-profit, or loss-of-data damages, to the maximum extent permitted by law.

10. PUBLICITY

  • Unless otherwise agreed, the Company may identify the Customer as a user of the Services and display the Customer’s name and logo in marketing materials, subject to the Customer’s brand guidelines.

11. TERMINATION

  • Either party may terminate for material breach subject to written notice and a reasonable cure period. Data handling upon termination is governed by the DPA.

12. GOVERNING LAW

  • These Terms are governed by the laws of the Republic of South Africa.

13. CONTACT

Legal Department