Terms & Conditions

1. Who you are contracting with

These Terms & Conditions ("Terms") govern your use of the POPIA compliance assessment platform (the "Service") operated by Commtac Consult Ltd ("Commtac Consult", "we", "us"). By creating an account, accessing or continuing to use the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you confirm that you have authority to bind that organisation. If you are using it as an individual, you confirm you are of legal age to enter into a contract.

2. The Service

The Service provides a structured assessment against South Africa's Protection of Personal Information Act (POPIA), including checklists, evidence tracking, scoring, reporting, an AI-assisted guidance assistant, and compliance certificates. Assessments, reports, scores and certificates are informational tools produced from the information you supply. They do not constitute legal advice and are not a determination of compliance by the Information Regulator or any other authority. You remain responsible for your own legal and regulatory obligations and should obtain independent professional advice where appropriate.

3. Accounts and accurate information

• You must provide accurate account and client information and keep it up to date.
• You are responsible for keeping your credentials confidential and for all activity under your account.
• Notify us promptly of any suspected unauthorised access.

4. Licence and restrictions

We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with your selected plan. You must not reverse engineer, resell or redistribute the Service, or circumvent technical or plan limits.

5. Acceptable use

You must not misuse the Service. In particular, you must not:

• use the Service for any unlawful purpose, fraud or spam;
• infringe the intellectual property or privacy rights of others;
• upload malware, probe, scan or otherwise interfere with the security or integrity of the Service;
• scrape, harvest or bulk-extract data from the Service by automated means;
• upload evidence or content that you do not have the right to share with us.

6. AI-assisted guidance

The "Ask Me" assistant generates explanations of POPIA requirements using automated systems. Outputs may be incomplete or inaccurate and must not be relied on as legal, regulatory or professional advice without your own verification and oversight. You are responsible for the prompts you submit, for having the rights to any content you input, and for how you use the outputs. We may filter, refuse or moderate content and suspend accounts for repeated or serious misuse.

7. Your content

You retain ownership of the client data, notes and evidence files you upload. You grant us a limited licence to host, store and process that content solely to provide the Service to you. Where a rights-holder notifies us of infringing content, we may remove it; repeat infringement may result in termination.

8. Intellectual property

Commtac Consult Ltd retains all rights in the Service, including its software, assessment methodology, scoring models, documentation, templates and branding.

9. Payment, subscriptions and taxes

Access to the platform is free. Ongoing report access is sold as a monthly subscription and compliance certificates are sold as one-time purchases (see our pricing page).

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment, billing, currency, tax, invoicing, renewal and cancellation mechanics are governed by Paddle's Buyer Terms. Subscriptions renew automatically each month until cancelled, and may be cancelled at any time via Paddle or by contacting us.

10. Refunds

Refunds are covered by our Refund Policy.

11. Service levels and warranties

We work to keep the Service available and accurate, but we do not guarantee uninterrupted or error-free performance. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

12. Liability

To the fullest extent permitted by law, our aggregate liability arising out of or in connection with the Service is capped at the fees you paid to us in the twelve months preceding the claim. We exclude liability for indirect, consequential or special damages, including loss of profits, data or goodwill. Nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.

13. Indemnity

You will indemnify us against claims arising from your content, your unlawful use of the Service, or your breach of these Terms.

14. Suspension and termination

We may suspend or terminate access for material breach of these Terms, non-payment, security or fraud risk, or repeated or serious policy violations. You may stop using the Service at any time. On termination, you may request an export of your assessment data within 30 days, after which we may delete it in accordance with our Privacy Notice.

15. General

• You may not assign these Terms without our consent; we may assign them in connection with a merger or acquisition.
• Neither party is liable for failures caused by events beyond its reasonable control.
• These Terms are governed by the laws of the jurisdiction in which Commtac Consult Ltd is established, and the courts of that jurisdiction have exclusive jurisdiction over disputes.
• We may update these Terms; material changes will be notified in-app or by email.

16. Contact

Commtac Consult Ltd — questions about these Terms can be sent to info@commtac.co. Billing and refund queries are handled by Paddle at paddle.net.