Terms of Service — ConsentYes

Please read these Terms of Service ("Terms") carefully before using the ConsentYes platform operated by ConsentYes (Pty) Ltd ("Company", "we", "us"). By accessing or using our service you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using any part of our platform you confirm that you are at least 18 years old, have the authority to bind your organisation to these Terms, and agree to comply with them. If you do not agree, do not use ConsentYes.

2. Description of Service

ConsentYes provides a consent management platform (CMP) and privacy compliance toolkit for South African businesses, including consent banners, DSAR workflow management, cookie scanning, and compliance reporting. The service is provided "as-is" and may be updated or modified at any time.

3. Account Registration

You must provide accurate, complete information when registering. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorised access at security@consentyes.co.za.

4. Acceptable Use

You agree not to:

Use ConsentYes for any unlawful purpose or in violation of any regulations
Attempt to gain unauthorised access to our systems or other users' accounts
Reverse-engineer, decompile, or disassemble any part of the platform
Use the platform to send spam or unsolicited communications
Misrepresent your identity or impersonate any person or organisation
Interfere with or disrupt the integrity or performance of the service
Use the platform to facilitate non-consensual data collection

5. Free Plan Limitations

The Free plan is limited to one (1) registered domain and basic consent logging. Advanced features including multi-domain management, DSAR workflows, breach reporting, and audit exports require a paid plan. We reserve the right to modify free plan limitations at any time with 30 days' notice.

6. Paid Plans and Billing

Paid plans are billed monthly or annually in South African Rand (ZAR) unless otherwise stated. All fees are exclusive of VAT. We reserve the right to change pricing with 30 days' notice. Refunds are provided at our discretion and are subject to South African Consumer Protection Act provisions where applicable.

7. Intellectual Property

All content, software, and technology comprising the ConsentYes platform is owned by us or our licensors and is protected by South African and international intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or brand elements without prior written permission.

8. Your Data

You retain ownership of all data you upload to or generate through ConsentYes. By using our platform you grant us a limited licence to store and process that data solely to provide the service. We will not use your customer data for advertising or sell it to third parties. See our Privacy Policy for full details.

9. Disclaimer of Warranties

ConsentYes is provided on an "as-is" and "as-available" basis. While we strive to help you achieve compliance, we do not warrant that use of our platform will guarantee your legal compliance with POPIA or any other legislation. You remain responsible for your own compliance obligations. We make no warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

To the maximum extent permitted by South African law, ConsentYes (Pty) Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform. Our total liability in any matter related to these Terms shall not exceed the amount you paid us in the three months preceding the claim.

11. Termination

You may cancel your account at any time from your dashboard settings. We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or if required to do so by law. Upon termination, your right to use the platform ceases and we may delete your data after 30 days.

12. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of Cape Town, Western Cape.

13. Changes to Terms

We may update these Terms from time to time. We will notify you by email at least 14 days before changes take effect. Continued use of the platform after that date constitutes acceptance of the new Terms.

14. Contact

Questions about these Terms? Email us at legal@consentyes.co.za.