Terms of Service

Last updated: [Insert Date]

These Terms of Service (“Terms”) govern your access to and use of PodSync, including our website, web application, mobile or driver-facing application, dashboards, software, integrations, APIs, notifications, document tools, delivery proof tools, support services, and related services (collectively, the “Service”).

By creating an account, accessing the Service, using the Service, clicking “I agree”, accepting these Terms electronically, or continuing to use the Service after these Terms are made available to you, you agree to be bound by these Terms.

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

1. Who we are

The Service is operated by [Insert Legal Entity Name], a business operating in the Republic of South Africa (“we”, “us”, “our”).

Business name: [Insert Legal Entity Name]
Registration number: [Insert Registration Number, if applicable]
Physical address: [Insert Address]
Email: [Insert Email Address]
Information Officer / Privacy contact: [Insert Contact Details]

2. Definitions

In these Terms:

“Account” means a registered user, company, organisation, driver, administrator, or workspace account in the Service.
“Customer” means the person, business, company, or organisation that subscribes to, registers for, or uses the Service.
“User” means any person who accesses or uses the Service, including administrators, staff members, drivers, customers, invitees, or authorised representatives.
“User Content” means information, data, files, documents, records, delivery notes, invoices, signatures, photos, messages, templates, customer details, driver details, company information, and other material submitted to or generated through the Service.
“Personal Information” has the meaning given to it under the Protection of Personal Information Act, 2013 (“POPIA”).
“Usage Data” means technical, diagnostic, analytical, operational, and usage-related data generated through use of the Service.
“Aggregated Data” means aggregated, anonymised, statistical, or de-identified data that does not directly identify a specific person.

3. Eligibility and authority

You may use the Service only if you are legally able to enter into a binding agreement.

If you use the Service on behalf of a company, close corporation, partnership, sole proprietorship, organisation, or other legal entity, you confirm that you are authorised to accept these Terms on behalf of that entity.

If you create an Account for a company or organisation, that company or organisation is responsible for all activity under the Account.

4. Account registration and security

You may need to create an Account to access certain features of the Service. You agree to provide accurate, complete, and current information.

You are responsible for keeping your login details confidential and secure. You are responsible for all activity that occurs under your Account, whether authorised by you or not, unless caused by our proven fault.

You must notify us immediately if you suspect unauthorised access, misuse, loss of credentials, or a security incident involving your Account.

5. Permitted use

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for your internal business purposes.

You agree not to:

use the Service for unlawful, fraudulent, misleading, harmful, or abusive purposes;
interfere with the availability, security, performance, or integrity of the Service;
attempt to gain unauthorised access to any Account, system, network, data, or service;
copy, modify, reverse engineer, decompile, disassemble, or attempt to extract source code from the Service, except where allowed by law;
upload or transmit viruses, malware, ransomware, spyware, or harmful code;
use the Service to infringe any intellectual property, privacy, data protection, or other third-party rights;
scrape, harvest, crawl, mine, or extract data from the Service except as expressly permitted by us;
resell, rent, lease, sublicense, or commercially exploit access to the Service unless we have agreed to this in writing;
use the Service in a way that may damage our reputation, systems, users, partners, or business;
submit false, misleading, unlawful, defamatory, offensive, or harmful content.

6. Customer responsibilities

You are responsible for:

your use of the Service;
all User Content submitted through your Account;
the accuracy, quality, legality, and completeness of User Content;
obtaining all required consents and authorisations from your staff, drivers, customers, recipients, and other data subjects;
ensuring that your use of the Service complies with applicable law;
ensuring that your users are authorised and properly trained;
maintaining your own records, backups, and business controls where required;
ensuring that your devices, passwords, networks, and systems are secure.

If you submit Personal Information relating to another person, you confirm that you have a lawful basis to do so and that you have provided all notices and obtained all consents required by applicable law.

7. User Content

You retain ownership of your User Content, subject to the rights granted to us in these Terms.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, process, reproduce, display, transmit, adapt, format, analyse, and use User Content as reasonably necessary to:

provide, operate, maintain, and support the Service;
process deliveries, documents, notifications, reports, signatures, and related workflows;
integrate with third-party accounting, communication, hosting, analytics, and support providers;
secure, monitor, troubleshoot, and improve the Service;
comply with legal obligations;
create Aggregated Data as described in these Terms and our Privacy Policy.

You confirm that you have all rights, permissions, and authority necessary to provide User Content to us and to grant us the rights described above.

8. Usage Data and analytics

When you use the Service, we may collect Usage Data, including log data, device information, browser information, IP address, session data, feature usage, interaction data, performance data, error reports, diagnostic data, notification activity, integration activity, and activity patterns.

You agree that we may collect and use Usage Data to:

operate, maintain, secure, and support the Service;
monitor performance, reliability, and availability;
prevent fraud, misuse, abuse, and security incidents;
understand how users interact with the Service;
improve existing products, services, features, and workflows;
develop new products, services, features, tools, models, reports, and analytics;
conduct internal business analysis, forecasting, reporting, and research;
market, promote, and commercialise the Service, subject to applicable law;
create Aggregated Data.

9. Aggregated, anonymised, and de-identified data

We may create Aggregated Data from User Content, Usage Data, Personal Information, delivery activity, document activity, notification activity, integration activity, and other information processed through the Service.

Aggregated Data does not directly identify you as an individual.

To the fullest extent permitted by applicable law, you agree that we may use, retain, disclose, licence, sell, assign, transfer, commercialise, and otherwise exploit Aggregated Data for any lawful business purpose, including analytics, benchmarking, research, reporting, artificial intelligence development, product development, commercial insights, market analysis, industry reports, and data products.

We will take reasonable steps designed to prevent Aggregated Data from being used to directly identify a specific person.

10. Personal Information and POPIA

Our processing of Personal Information is governed by our Privacy Policy, which forms part of these Terms.

For users in South Africa, we process Personal Information in accordance with POPIA where applicable.

Where consent is required by law, we will seek consent. Where applicable law allows processing on another lawful basis, we may process Personal Information on that basis, including where processing is necessary to perform a contract, comply with legal obligations, protect legitimate interests, prevent fraud, maintain security, or operate our business.

You acknowledge that the Service may process Personal Information belonging to your staff, drivers, customers, delivery recipients, administrators, and other users connected to your Account.

11. Sale or sharing of Personal Information

We do not sell Personal Information that directly identifies a person unless permitted by applicable law and subject to any consent, notice, objection, or opt-out rights required by law.

We may share Personal Information with service providers, hosting providers, communication providers, accounting integration providers, analytics providers, payment processors, support providers, professional advisers, regulators, authorities, business partners, and other parties where lawful and necessary for the operation of the Service or our business.

We may sell, licence, share, or commercialise Aggregated Data, anonymised data, de-identified data, statistical insights, and non-personal data as described in these Terms and our Privacy Policy.

12. Third-party services and integrations

The Service may integrate with or depend on third-party platforms, including accounting platforms, communication providers, hosting providers, payment processors, analytics tools, email services, SMS services, WhatsApp or Meta services, and other APIs.

We are not responsible for third-party services, their availability, security, pricing, accuracy, content, data handling, or business practices.

Your use of third-party services may be subject to separate terms and privacy policies. You are responsible for complying with those terms.

13. Notifications and communications

The Service may allow you to send or receive emails, SMS messages, WhatsApp messages, push notifications, system alerts, and other communications.

You are responsible for ensuring that all recipients have provided any consent required by law and that your messages comply with applicable laws, platform rules, anti-spam requirements, and communication provider policies.

We may suspend or restrict communication features if we believe they are being misused or may expose us, our providers, or other users to risk.

14. Fees, billing, and subscriptions

Certain parts of the Service may be free, paid, subscription-based, usage-based, credit-based, or subject to separate commercial terms.

If fees apply, you agree to pay all applicable charges, taxes, usage fees, subscription fees, message credits, storage fees, add-on fees, and other amounts in accordance with the pricing and payment terms presented to you.

Unless otherwise stated, fees are non-refundable except where required by law.

We may change our fees, plans, package limits, message credits, storage limits, usage limits, or billing structure by giving reasonable notice where required.

15. Trials, beta features, and previews

We may offer free trials, beta features, early access features, test environments, or preview functionality.

These features may be incomplete, unstable, changed, restricted, or discontinued at any time. We do not guarantee that beta or preview features will become generally available.

16. Intellectual property

We and our licensors own all rights, title, and interest in and to the Service, including software, workflows, designs, interfaces, dashboards, document templates, databases, code, models, algorithms, processes, documentation, trademarks, trade names, branding, and know-how.

Except for the limited right to use the Service under these Terms, no rights are transferred to you.

You may not use our name, logo, trademarks, branding, or marketing material without our prior written permission.

17. Feedback

If you provide suggestions, ideas, improvements, bug reports, comments, feature requests, or other feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable licence to use, modify, commercialise, and incorporate that feedback into our products, services, and business without restriction or compensation to you.

18. Confidentiality

If we provide non-public information to you, including pricing, technical information, roadmap information, business information, credentials, private documentation, or unreleased features, you must keep that information confidential and use it only for the purpose for which it was provided.

19. Service availability

We aim to provide a reliable Service, but we do not guarantee that the Service will always be available, uninterrupted, secure, error-free, or compatible with your systems.

We may modify, suspend, restrict, replace, or discontinue all or part of the Service at any time, subject to applicable law and any separate written agreement.

20. Security

We use reasonable technical and organisational measures designed to protect the Service and Personal Information.

However, no system is completely secure. You use the Service at your own risk and are responsible for maintaining the security of your Account, devices, networks, users, and credentials.

21. Backups and data loss

We may maintain backups for operational, security, disaster recovery, and legal purposes. However, unless expressly agreed in writing, we do not guarantee that any specific User Content can always be restored.

You are responsible for maintaining copies of business-critical information where appropriate.

22. Disclaimers

The Service is provided “as is” and “as available”.

To the fullest extent permitted by law, we disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including warranties of accuracy, reliability, availability, merchantability, fitness for a particular purpose, non-infringement, and suitability for your intended use.

We do not guarantee that the Service will meet your requirements, prevent all errors, prevent all losses, comply with your specific industry obligations, or produce any particular business outcome.

23. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, business, goodwill, data, opportunity, anticipated savings, or reputation.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will be limited to the greater of:

the amount you paid to us for the Service in the three months before the event giving rise to the claim; or
ZAR 1,000.

Nothing in these Terms limits liability that cannot legally be limited under applicable law.

24. Indemnity

You agree to indemnify and hold us harmless from and against claims, losses, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising from:

your use of the Service;
your User Content;
your breach of these Terms;
your violation of applicable law;
your infringement of third-party rights;
your failure to obtain required consents, notices, permissions, or authorisations;
messages, notifications, or communications sent through your Account;
your integration with third-party services.

25. Suspension and termination

We may suspend or terminate your access to the Service if:

you breach these Terms;
you fail to pay applicable fees;
your use creates risk for us, our users, providers, systems, or third parties;
we suspect fraud, abuse, unlawful activity, security risk, or misuse;
required by law, regulation, court order, regulator, or authority;
we discontinue the Service or any material part of it.

You may stop using the Service at any time.

Termination does not affect rights and obligations that by their nature should survive, including intellectual property, payment obligations, disclaimers, limitations of liability, indemnities, confidentiality, data rights, privacy provisions, and dispute provisions.

26. Changes to these Terms

We may update these Terms from time to time.

If changes are material, we will take reasonable steps to notify you, such as by posting an updated version, sending a notice, displaying an in-app notice, or requiring acceptance in the Service.

Your continued use of the Service after updated Terms become effective means you accept the updated Terms.

27. Electronic communications and acceptance

You agree that these Terms, notices, disclosures, invoices, service notices, and other communications may be provided electronically.

Clicking “I agree”, creating an Account, submitting information, or continuing to use the Service may constitute electronic acceptance of these Terms.

28. Consumer Protection Act

If you are a consumer under the South African Consumer Protection Act, 2008, nothing in these Terms excludes, limits, or restricts any rights you may have under that Act to the extent such exclusion, limitation, or restriction is not permitted by law.

29. Governing law

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

30. Disputes

Before starting formal proceedings, you agree to first contact us and attempt to resolve the dispute informally.

Subject to applicable law, disputes arising from or relating to these Terms or the Service will be dealt with by the courts of South Africa, unless we agree to another dispute resolution process in writing.

31. Assignment

You may not transfer your rights or obligations under these Terms without our prior written consent.

We may transfer, assign, subcontract, or delegate our rights and obligations under these Terms as part of a merger, acquisition, sale of assets, restructuring, financing, corporate transaction, or by operation of law.

32. General

These Terms, together with the Privacy Policy and any additional terms presented to you, form the entire agreement between you and us regarding the Service.

If any provision is found to be invalid or unenforceable, the remaining provisions will remain in effect.

Our failure to enforce any provision is not a waiver of our rights.

33. Contact

For questions about these Terms, contact us at: [Insert Email Address].

Acceptance wording

By creating an account or using PodSync, I confirm that I have read and agree to the Terms of Service and Privacy Policy, including the collection and use of usage data and the use of aggregated, anonymised, or de-identified data for analytics, product development, commercial insights, licensing, and other lawful business purposes.