Thanks for using UPLOADER! These Terms of Service ("Terms") govern your use of the services provided by UPLOADER LTD ("UPLOADER," "we," "us," or "our"), including our website, applications, and other online products and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not make use of our Services.

These Terms are legally binding and incorporate our Privacy Policy and any other written Agreement   entered into between you and us by reference. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and affirm that you are over the age of 18. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the requisite authority to bind the entity to these Terms, in which case the terms “you” or “your” shall refer to the entity. If you do not have such authority, or if you do not agree to these Terms, neither you nor the entity you represent may make use of the Services.

These Terms contain indemnities and limitations of Liability which may have the effect of limiting our liability to you or which may otherwise affect your rights, so please read these Terms carefully.

To access certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your login credentials and for all activities that occur under your account and are liable for any actions taken under your account. You must notify us immediately of any unauthorised access or use of your account.

We use a Two Fact Authentication (2FA) system via email-based one time password OTP verification codes. You agree not to share or misuse these access credentials and to take reasonable steps to prevent unauthorised access to these credentials.

You agree to use our Services only as permitted by law and in accordance with these Terms. You may not:

• Access or use our Services for any illegal or unlawful purpose;
• Interfere with or disrupt the operation of the Services;
• Reverse engineer, decompile, or otherwise attempt to discover the source code of any part of the Services;
• Use the Services to store or transmit infringing, libellous, or otherwise unlawful or tortious material.

We reserve the right to investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users who violate the law.

Our handling of personal data is governed by our Privacy Policy, which forms part of these Terms and is set out below. 

In processing or otherwise handling your personal information or that of your data subjects, we are committed to ensuring compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Protection of Personal Information Act 4 of 2013, as amended (POPIA). You retain ownership of all data and documents you upload to our Services.

You acknowledge that we process data on your behalf as a data processor and that you are responsible for ensuring you have appropriate lawful bases for such data processing activities.

We offer:

• Data export and deletion tools;
• Role-based and uploader-level access controls;
• Encrypted storage and secure data transmission;
• Data residency support (Available on request);
• User activity logging and audit trails.

You hereby undertake to indemnify us fully for any penalties, losses, costs, or damages which we may suffer as a result of your failure to secure the appropriate permissions to process the data you upload to our website, applications or online products or as a result of your failure to comply with applicable data protection legislation.

We continuously work to improve our Services. We may, in our sole discretion, add or remove functionalities or features, and we may suspend or stop a Service altogether. We will provide you with reasonable advance notice where possible.

Some Services may be released in beta. These features may contain bugs or undergo changes and are provided “as-is” without warranties. For the avoidance of doubt Services released in beta shall mean versions of Services that are released to users before the official launch thereof. Where Services are released in beta, they will be identified as such. 

Your use of certain new features may be subject to additional terms or conditions which will be accessible on our website. To the extent of any conflict between the terms of these Terms and any feature-specific terms, the terms relevant to such features shall take precedence.

The Services may become temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance or due to causes beyond our reasonable control (‘force majeure’). We will not be liable to you for any such unavailability and any agreed-upon Service Level shall not be impacted by such unavailability of the Services provided reasonable prior notice is provided to you in the case of scheduled maintenance and in the event of unforeseen unavailability notice will be provided to you as soon as reasonably possible.

Availability & Uptime: We endeavour to maintain the Service operational and available with at least 99% uptime per calendar month, excluding Scheduled Maintenance, Force Majeure events, or outages caused by your act or omission. For Customers who have executed a separate written Service Level Agreement (“SLA”), the uptime target set forth therein shall apply.

Performance Monitoring: We continuously monitor the performance of our infrastructure, response times, and throughput metrics, and employ commercially reasonable efforts to maintain the Service in a manner consistent with industry standards for solutions of this nature.

Incident Response, Triaging & Resolution: Upon receipt of a report of a production issue or when we detect in our monitoring a condition impacting the production service, we will acknowledge the incident within four (4) hours and use commercially reasonable efforts to deliver a remediation or workaround within twenty-four (24) hours, unless otherwise agreed in writing. For non mission-critical issues, we shall respond and act within a (48-72) hour timeframe.

Support Availability: Standard support is provided via email and ticketing during our business hours (09:00–17:00 CET/CEST, Monday to Friday, excluding public holidays). For Customers subscribing to a Paid plan, 24×7 support (telephone, chat or email) may be provided.

Exclusions & Limitations: The availability target and support commitments do not apply to: Scheduled Maintenance (with notice as per the “Service Features and Modifications” section). Outages caused by your misuse, configuration, or integration of the Service. Failures of third-party services or network infrastructure beyond our reasonable control. Acts of God, war, terrorism, natural disaster, labour dispute or other force majeure event.

We reserve the right to modify, update or withdraw service level targets or support offerings at our discretion; any change will be communicated in advance and reflected in the next applicable version of this Agreement.

Our Services may be purchased either through the self-service process on our website or by entering into a Service Level Agreement (‘SLA’) (in the case of enterprises with bulk processing requirements) and providing us with the necessary credit card or other payment information. You must maintain the accuracy and validity of all such information (for example, a change in your billing address or credit card expiration date). Unless agreed otherwise in terms of an SLA, by accessing or using the Services and by providing required payment information, you authorise us to bill your payment instrument for all agreed Services (whether self-serve or SLA). You will be billed for the Services in advance and all fees are nonrefundable. You must notify us within 30 days of after the billing date if you dispute any charges – otherwise all such disputes are waived.

We reserve the right to change our prices but in the event of an SLA term, the prices will be fixed for the initial 12-month period of the SLA term. In the case of self-service users we will provide you with at least seven (7) calendar days’ written notice prior to any such change taking effect, and in the case of SLA customers, at least thirty (30) calendar days’ written notice prior to any such change taking effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new price. We reserve the right to charge interest on past due balances at 2.5% above the prevailing prime interest rate in South Africa calculated from the date that payment was due until the date that payment is received by us, plus all expenses of collection. We reserve the right to terminate Services subject to past due balances.  You shall be responsible for all taxes (including inter alia ‘VAT’) associated with Services.

Subscription requests expire monthly and purchased top up requests expire after 12 months or until used.

Unless expressly stated otherwise in these Terms or as required under applicable law, all fees and charges paid in respect of the Services are strictly non-refundable, non-creditable, and non-transferable. By accessing or using the Services, you acknowledge and agree that you are not entitled to a refund or credit for any partial use of the Services, unused documents, or unused subscription periods.

Cancellations

You may cancel your account and/or subscription at any time by following the cancellation process available within your account settings or by notifying us at hi@uploader.africa. Cancellation will take effect at the end of your then-current billing cycle, and you will continue to have access to the Services until such time. Where you have entered into a Service Level Agreement (“SLA”), the terms of that SLA shall prevail to the extent of any inconsistency with this Refund and Cancellation Policy.

Unless expressly stated otherwise in these Terms or as required under applicable law, all fees and charges paid in respect of the Services are strictly non-refundable, non-creditable, and non-transferable. By accessing or using the Services, you acknowledge and agree that you are not entitled to a refund or credit for any partial use of the Services, unused documents, or unused subscription periods.

You may cancel your account and/or subscription at any time by following the cancellation process available within your account settings or by notifying us at hi@uploader.africa. Cancellation will take effect at the end of your then-current billing cycle, and you will continue to have access to the Services until such time. Where you have entered into a Service Level Agreement (“SLA”), the terms of that SLA shall prevail to the extent of any inconsistency with this Refund and Cancellation Policy.

We may, in our sole discretion, consider a refund request in the following limited circumstances:

• Where duplicate billing has occurred due to our error.
• Where you have been incorrectly charged amounts not owed under these Terms or any applicable SLA.
• Where the Services have been unavailable for a continuous period exceeding seven (14) calendar days (excluding downtime arising from scheduled maintenance, force major events, or your breach of these Terms).

Any refund granted in accordance with the above will be processed to your original payment method within thirty (30) days of approval.

Your continued use of the Services following a price change, billing cycle change, or modification to this Refund and Cancellation Policy constitutes your acceptance of such change. If you do not agree to the change, your sole remedy is to cancel your subscription prior to the renewal of your billing cycle.

We may offer integrations with third-party services. These services are governed by their own terms and privacy policies. We are not responsible for any data handling, service outages, or legal implications arising from their use.

We welcome feedback and suggestions about the Services. By submitting feedback, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use it without restriction or obligation.

We may suspend or terminate your access to the Services at our sole discretion, with or without notice, if we reasonably believe you have violated these Terms or applicable law. 

If we suspend or terminate your access to the Services due to your breach of these Terms, you will not be entitled to any refund or credit. If we terminate the Services for reasons other than your breach, we will provide a pro-rata refund of any prepaid fees covering the period after termination.

You may terminate your account at any time by contacting hi@uploader.africa. Upon termination, your Content will be deleted unless retention is required by law.

The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

While we pride ourselves in our Service offerings and take reasonable steps to ensure the provision of a high quality service, we do not guarantee that the Services will be error-free, uninterrupted, or secure. Beta features may be unstable or incomplete.

Each Party represents and warrants to the other that (i) it has the legal power and authority to enter into this Agreement and (ii) it will comply with all laws, rules, and regulations applicable to the exercise of its rights and performance of its obligations under this Agreement.

You represent and warrant to us that (i) you own or have obtained all permissions, releases, rights or licenses required to permit us to perform the Services; (ii) your content or other activities in connection with the Service, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, patent right, right of privacy or publicity, or other personal or proprietary right; and; (iii) any data you provide/upload does not contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

Uploader represents and warrants that the Services will be performed in a good and workmanlike manner consistent with industry standards.

To the maximum extent permitted by law, UPLOADER shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services;
• Any conduct or content of any third party on the Services;
• Any unauthorised access, use, or alteration of your transmissions or Content.

We shall not be liable for any damages of any kind resulting from use of or inability to use the services or any third-party materials. To the maximum extent permitted by law, except for breaches of confidentiality and privacy, neither party shall be liable for direct damages, costs, losses or liabilities in excess of the fees actually paid to us in connection with the Services in the six (6) months preceding the event giving rise to the claim.

These Terms are governed by the laws of the Republic of South Africa. You agree that any dispute related to these Terms shall be subject to the exclusive jurisdiction of the South African courts with competent jurisdiction, unless otherwise mutually agreed.

The English version of these Terms will govern in case of conflicts with translations.

You may not assign or transfer your rights and obligations in these Terms, in whole or in part, without consent from us. We may freely assign this Agreement. Any attempted assignment other than as permitted in this section will be null and void.

All terms contained herein which by their nature would reasonably be understood to survive termination of these Terms shall survive termination.

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the effective date. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

If you have questions about these Terms, please contact us:

UPLOADER LTD
www.uploader.africa
Email: hi@uploader.africa

The Services and all related software, logos, trademarks, and content (excluding your Content) are the intellectual property of UPLOADER and/or its licensors. These Terms do not grant you any rights to use UPLOADER’s branding, logos, or other proprietary elements.

You retain ownership of your Content. You grant us a limited license to host, process, and use your Content solely as necessary to provide the Services.

All AI models trained using your verified documents remain your exclusive property. We assert no rights to derivative works generated from your data.