These Terms of Service ("Terms") govern your access to and use of the services (the “Service” or “Services”) provided by Isibani Digital (Pty) Ltd. ("Platform", "Company", "we", "us", or "our"). We are a company incorporated in the Republic of South Africa with our registered office at Kingfisher Office Park 2, 28 Siphosethu Road, Mount Edgecombe, 4300, KwaZulu-Natal, South Africa. By accessing or using our subscription-based Software as a Service (SaaS) platform (“Solution”), you ("User", "Business", "Customer", or "you") agree to be legally bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

About SnapPOD

SnapPOD is a Software as a Service platform that enables your business to seamlessly integrate real-time field operations such as inventory collection, handovers, and deliveries—with your back-office systems. The platform delivers transparency, accountability, and operational efficiency through a smart mobile app and an intuitive administration portal. This solution is available upon subscription and allows you to manage source document recipient routing, users, locations, workflows, and access baseline reporting.

Account Creation and Use

To use our Services, you must create an account by providing accurate, complete, and current information, including your name, email, mobile number, business name, location, and payment details (“Account Information”).

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activities conducted under your account.
• Ensuring that your account information remains accurate and up to date.
• Notifying us immediately of any unauthorised access or suspected breach of your account.

If you get locked out of your account, we’ll need to contact you at the email or phone number associated with your account. If your account is compromised or you no longer have access to your email account or phone number, we may not be able to restore your access to your account.

You may not transfer, sell, or assign your account without our prior written consent. We reserve the right to reclaim, suspend, or terminate accounts in cases of inactivity, fraud, or violations of these Terms.

Subscription, Upgrades and Payment

Subscription Plans

SnapPOD operates on a subscription model. Available plans and their pricing are displayed on our website or will be communicated during registration.

By subscribing, you agree to:

• Pay all applicable fees for your selected plan.
• Be billed in accordance with the billing cycle chosen (monthly, annually, or otherwise).

Upgrades

You may upgrade your plan at any time through your account portal or by contacting support. Upgrades take effect immediately, and any term based billing differences will be prorated.

Payment Terms

• Billing Cycle. Subscription fees will be billed either monthly, annually, or as otherwise agreed. Your subscription will automatically renew at the end of each billing period unless you cancel your subscription in accordance with these Terms.
• Payment Method. You must provide and maintain a valid payment method. You authorize us or our nominated payment gateway service to charge your payment method for all applicable subscription fees at the start of each billing cycle.
• Late Payments. If payment is not received by the due date, we may suspend or terminate access to the Services. You remain responsible for any outstanding payments.

Price Changes

We reserve the right to change our subscription fees at any time. We will notify you of any price changes before your next billing cycle. You may cancel your subscription if you do not agree to the new pricing.

Termination, Cancellations and Refunds

Termination by You

You may cancel your subscription at any time via your account portal or by contacting support. Your access will continue until the end of your current billing cycle. After that, your account and associated data will be permanently deleted.

Termination by Us

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

• You breach, or you encourage or help others to breach, these terms.
• You fail to make timely payments for an active subscription.
• We’re required to do so to comply with a legal requirement or court order.
• We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.
• Your account has been cancelled by you and subscription payments terminated.
• Continuing to allow your account to be active, giving you access to some or all services, or hosting your content creates risk for the Platform, other users, or third parties.
• We believe, in our sole discretion, that your use of the Services is harmful or violates applicable laws.

In the event of termination, your access to the Services will end immediately, and any outstanding fees will remain due. You will not be entitled to a refund if you terminate your subscription before the end of the current billing period unless otherwise specified in the applicable laws.

Downgrades

Downgrading of subscriptions are not supported. If you do have an exceptional circumstance you can reach out to our Support Team and we can review your request.

License and Access

Grant of License

Subject to your compliance with these Terms and payment of the applicable subscription fees, we grant you a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal business purposes.

Restrictions

You may not:

• Copy, modify, distribute, or create derivative works based on the Services.
• Reverse engineer, decompile, or disassemble the Services.
• Use the Services to develop competing products.
• Violate any applicable laws or regulations while using the Services.

Customer Responsibilities

You are solely responsible for:

• Data Integrity. Ensuring the accuracy, legality, and appropriateness of any data or content you upload, store, or process through the Services.
• Compliance. Using the Services in compliance with all applicable laws, regulations, and third-party rights.
• Security. Maintaining the security of your account, including your login credentials and user permissions.

Data Protection

Customer Data

As between the parties, you own all right, title and interest in and to Customer Data. We will process Customer Data only to provide the Services and as otherwise instructed by you in writing, and will not:

1. sell Customer Data;
2. use Customer Data for advertising; or
3. disclose Customer Data except to Sub-processors under written terms providing no less protection than this Agreement.

Within 30 days after termination, you may export Customer Data. Thereafter, we will delete Customer Data within 60 days, except to the extent retention is required by law (in which case data will be archived and protected).

Data Collection and Use

We collect, store, and process personal data in accordance with our Privacy Policy and in compliance with applicable data protection laws. By using our Services, you consent to the collection, use, and processing of your personal data as outlined in our Privacy Policy.

We may process your data for the following purposes:

• To provide, maintain, and improve our Services.
• To send transactional communications related to your account or subscription.
• To comply with our legal obligations, including legal claims, regulatory compliance, and audits.
• To provide customer support and resolve issues related to the Services.

Your Rights

As a user, you have the right to:

• Access your personal data that we hold.
• Rectify any inaccurate or incomplete personal data.
• Erasure ("right to be forgotten") of your personal data in accordance with applicable laws.
• Object to the processing of your data or request its restriction.
• Portability of your personal data in a structured, commonly used format (GDPR only).
• Withdraw consent at any time (where consent is the legal basis for processing).

For more details, please refer to our Privacy Policy or contact our Data Protection Officer (DPO).

Security

We implement reasonable technical and organisational measures to protect your personal data from unauthorized access, disclosure, alteration, and destruction. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee the absolute security of your data.

Operators and Data Security under POPIA

Where we engage “operators” (service providers) to process personal information on our behalf, we do so in terms of a written contract that requires the operator to implement appropriate, reasonable technical and organisational measures as required by POPIA. If we become aware of a security compromise involving your personal information, we will notify you and the Information Regulator where required by law.

Service Availability and Maintenance

Service outages may occur due to routine maintenance, software malfunction, force majeure, or unforeseen circumstances.

• We aim for high availability but cannot guarantee 100% uptime.
• Planned maintenance will be communicated in advance.
• Updates and upgrades may be deployed periodically to improve security or functionality and may affect availability.

Intellectual Property

All rights, title, and interest in the Service including software, UI, code, platforms, algorithms, technology and all content (excluding user content) belong to Isibani Digital (Pty) Ltd or its licensors. The Service is protected by copyright, trademark, and other laws of both the Republic of South Africa and foreign countries. Nothing in these Terms grants you ownership of any Isibani Digital (Pty) Ltd. intellectual property.

You may not use our trademarks, logos, or content without prior written consent of Isibani Digital (Pty) Ltd.

Restrictions on Use

You agree not to:

• Use the Service to gain insight and design principles with intention to copy and create a competing product or service.
• Use the Services to harm others, including through fraud, harassment, spamming, or exploitation.
• Interfere with the operation or security of the Platform or its users.
• Scrape or reverse engineer the platform.
• Intentionally overburden, or attack our systems.
• Transmit viruses or other malicious code to our services; using any unauthorized software designed to modify the services; abusing or defrauding us or our payment systems.
• Use any robot, spider, crawler, AI, or other automatic device, process, or software; selling, licensing, or otherwise commercialising content or data obtained from our services.
• Use the Services for illegal activities.

Third-Party Software & Open Source

SnapPOD may include third-party or open-source software governed by separate license terms. Such terms may override parts of these Terms where applicable.

Data Charges

You are responsible for any mobile charges that you may incur for using our services. This includes data charges and charges for messaging and file submission protocols or technologies. If you are not sure what you may be charged, you should ask your mobile service provider before using our services.

Apple App Store / Google Play Terms

If you use the SnapPOD App via iOS or Google Services:

• Apple and Google are not liable for SnapPOD’s performance or compliance.
• You must comply with Apple’s and Google's usage rules.
• Apple and Google, and its affiliates are third-party beneficiaries of these Terms.

Indemnification

To the maximum extent allowed by law, you agree to indemnify and hold harmless Isibani Digital (Pty) Ltd and its employees, directors, and agents from claims or liabilities arising from:

• Your use of the Service.
• Your content.
• Your breach of these Terms.
• Any violation of law or third-party rights.

Services "AS IS"

We work hard to offer great services, but we can’t guarantee any minimum levels of quality of services (which may also depend on factors beyond our control, such as the quality of your internet access and equipment).

To the fullest extent permitted by law, Isibani Digital (Pty) Ltd., its affiliates, and their respective suppliers make no warranties, either express or implied, about the services. The services are provided “as is.” We also disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The laws of certain jurisdictions or states do not allow limitations on implied warranties. To the extent such warranties cannot be disclaimed under the laws of your jurisdiction, we limit the duration and remedies of such warranties to the full extent permissible under those laws.

Limitation of Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, gross negligence, wilful misconduct, fraud, or any liability that cannot lawfully be limited, or breach of a party’s data-protection obligations under POPIA to the extent such liability cannot lawfully be excluded.

Subject to the foregoing, each party’s total aggregate liability is limited to the fees paid in the 12 (twelve) months before the first claim. Neither party is liable for indirect, special, incidental, exemplary or consequential damages; loss of profits/revenue, data, goodwill, or cost of substitute services. This clause does not limit statutory remedies available to CPA/ECTA consumers.

Dispute Resolution

This section applies to any and all disputes between you and Isibani Digital (Pty) Ltd. “Disputes” means all disagreements between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, these terms, or your use of the services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each a “Dispute” and collectively “Disputes”).

Governing Law

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

Handling of Disputes

If a dispute arises, the parties will first try to resolve it informally within 20 business days after written notice. Written notice requires an e-mail to be sent to legal@isibanidigital.co,za detailing the following:

1. Your full name;
2. Contact details;
3. Description of dispute; and
4. Your proposed resolution.

If not resolved, either party may refer the dispute either to the courts of South Africa or to arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) under its rules.

No party is obliged to arbitrate if the Consumer Protection Act, 2008 or any other applicable law grants a right to approach a court or tribunal. Nothing in these Terms limits any party’s right to seek urgent interim relief.

Court proceedings may be brought in a court with competent jurisdiction in South Africa. If arbitration is elected, the seat is Durban, and the proceedings may be held remotely unless otherwise agreed.

General Terms

Entire Agreement

These Terms, together with our Privacy Policy and other posted legal notices, form the entire agreement between you and Isibani Digital (Pty) Ltd..

Severability

If any provision is found unenforceable, the rest of the Terms will remain in effect.

Waiver

Failure to enforce any part of these Terms is not a waiver of our rights.

Assignment

You may not assign these Terms without our written consent. We may assign them to any affiliate or successor.

Survival

Provisions that by nature survive termination (e.g., indemnity, limitations of liability, dispute resolution) will continue after your access ends. This includes but may not be limited to the following:

• Our rights to retain certain data;
• Any amounts owed by you will remain due;
• Any indemnification obligations (as applicable) such as those listed under the “Indemnification” section;
• Any disclaimer of warranties such as those under the “Services ‘AS IS’” section;
• Any applicable limitation of liability such as those under the “Limitation of Liability” section;

ECTA & CPA Information

INFORMATION REQUIRED BY ECTA & CPA

SUPPLIER DETAILS:

Isibani Digital (Pty) Ltd, Reg. No. 2020/110591/07, Kingfisher Office Park 2, 28 Siphosethu Road, Mount Edgecombe, 4300, KZN, South Africa.
Tel: +27 76 605 8394; Email: legal@isibanidigital.co.za

DESCRIPTION OF SERVICES & PRICING:

See the Pricing page and plan description shown during checkout.

RECORD OF TRANSACTION:

We will make a record of your order available electronically in your account portal.

CORRECTION OF ERRORS

You may correct input errors before final submission during checkout and within your account portal.

COOLING OFF

Where section 44 of the ECTA applies, a consumer may cancel an electronic transaction within 7 days of conclusion of the agreement (services) without penalty. This does not apply in excluded cases under ECTA or where the CPA provides otherwise.

FIXED-TERM SUBSCRIPTIONS (CPA)

If you are a “consumer” under the CPA, you may cancel a fixed-term agreement on 20 business days’ written notice. A reasonable cancellation penalty may apply. Unless you agree to a longer term that confers a demonstrable benefit, the maximum term is 24 months. Agreements continue month-to-month if not renewed.

If you are a juristic person with asset value or annual turnover above the CPA threshold, the CPA may not apply.

Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes, and the updated Terms will be effective upon posting on our website. Continued use of the Services after any changes constitutes your acceptance of the modified Terms.

Contact us

Email us at legal@isibanidigital.co.za with any questions about this Terms of service or how we process your information. We’ll be happy to help. To contact our Data Protection Officer, please email dpo@isibanidigital.co.za. You can also reach us by post if you want. You can contact us at:

Isibani Digital (Pty) Ltd.
ATTN: Legal Policy
Kingfisher Office Park 2
28 Siphosethu Road, Mount Edgecombe 4300
KZN, South Africa