Terms of Service

1. Contracting party and scope

FlexiMetaDoc (Pty) Ltd is a South African private company, registration number 2025/073742/07 (CIPC enterprise number K2025073742). These terms govern the services you order from us and your authorised use of the platform. Legal enquiries: hardus.vandyk@fleximetadoc.com. Support: support@fleximetadoc.com.

The order or subscription confirmation must identify the customer, services, fees, currency, taxes, billing period, delivery or activation date, renewal terms and any implementation work. A quotation or roadmap is not a promise that a feature is available. Only surveys are offered as the free product; AI processing, workflow automation and implementation services require an expressly agreed paid scope.

Mandatory law takes priority. A signed agreement takes priority over these terms only to the extent it expressly changes the relevant provision. The Data Processing Agreement governs customer personal information processed on instructions; the Acceptable Use Policy also forms part of these terms. The Privacy Policy explains our separate processing and does not constitute blanket consent.

2. Authority, accounts and permitted use

• You must be legally capable of contracting. An individual accepting on behalf of an organisation must have authority to bind it. Public survey respondents do not become paying subscribers merely by answering a survey.
• Keep credentials confidential, manage user permissions and notify us of suspected account compromise. You remain responsible for lawful instructions and authorised users within your control; this does not excuse our own breach or negligence.
• Use the service within the agreed scope and limits. Do not compromise security, infringe rights, falsify audit evidence or use it unlawfully. Restrictions do not override mandatory statutory rights or applicable open-source licences.

3. Orders, payments and renewal

• Before committing to a paid order you must be able to review the description, full payable amount, taxes and unavoidable charges, correct errors and withdraw. We do not charge for additional paid services without authorisation. Keep your order confirmation, invoices and a copy of the accepted terms; request another copy through support.
• A recurring charge requires the billing frequency, renewal amount or calculation method and cancellation process to be disclosed and accepted. A free account alone does not authorise paid renewal. A new price applies prospectively after notice and any acceptance required by law or the agreement.
• Unless your order provides a lawful alternative, you may stop a monthly subscription renewing by notifying support before the next renewal. We will confirm the cancellation and final service date. Account deletion and subscription cancellation are separate actions; asking to cancel by email is sufficient without first deleting your account.
• For a fixed-term consumer agreement to which CPA section 14 applies, you may cancel on 20 business days’ recorded notice, subject only to a reasonable lawful cancellation charge. We give the required expiry notice 40–80 business days before expiry. At expiry the agreement continues month to month unless you end it or expressly agree a new fixed term. Section 14 does not apply to transactions between juristic persons.
• Taxes will be identified in the order and invoice where applicable. Nothing here permits an undisclosed mandatory charge or a tax-inclusive consumer price to be increased after acceptance. Disputed amounts should be raised with billing promptly; lawful payment and dispute rights remain available.

4. Cancellation, refunds and statutory remedies

The Refunds and Cancellation Policy explains the applicable process and forms part of these terms. There is no blanket “no refunds” rule.

• If ECTA section 44 applies to your electronic service purchase, you may cancel without reason or penalty within seven days after conclusion and receive the required refund within 30 days. Statutory exceptions include services that began with your consent during that period. A login, general acceptance of terms or pre-ticked box alone is not an express request for early performance.
• Where the CPA direct-marketing cooling-off right applies, its five-business-day period and statutory refund rules are preserved. The CPA right does not duplicate a transaction to which ECTA section 44 applies.
• If a service fails the quality standard required by CPA section 54, applicable correction or reasonable refund remedies remain available. Other rights for defective goods or software, misleading supply, non-delivery and prepaid credit remain intact where the law applies.

5. Customer content, intellectual property and confidentiality

You retain your existing rights in your documents, survey content, data and other materials. Other people’s rights remain theirs. You authorise us to access, store, reproduce, transmit and process your content only as needed to provide and secure the agreed service, comply with law and carry out your lawful instructions. This does not transfer ownership of your data to us.

Our platform, reusable tools and pre-existing intellectual property remain ours or our licensors’. Rights to bespoke deliverables must be stated in the implementation order. Neither payment nor use transfers ownership of the underlying platform. No exclusive ownership or non-infringement guarantee is implied for AI output.

Each party must protect the other’s non-public information using reasonable care and limit disclosure to people who need it and are bound by confidentiality, or as required by law. This obligation does not cover information lawfully public, already known without restriction, independently developed or lawfully received from another source. Where lawful, give notice of compelled disclosure.

6. AI, document processing and consequential decisions

OCR, extraction and AI output may be incomplete, inaccurate or misleading. Check output against the source and use appropriate human review before payments, regulatory submissions, contractual commitments or other consequential decisions. We do not provide legal, medical, accounting or regulatory advice, certification or a guarantee of compliance merely by supplying the platform.

Customers must assess the lawful basis, accuracy, permissions and safeguards for each workflow. Solely automated decisions with legal or substantial effects require compliance with POPIA section 71 and any other applicable law. Our own contractual and statutory responsibilities remain in place; this clause is not a waiver of them.

7. Personal information and third parties

Where you determine why and how customer personal information is processed, you are ordinarily the responsible party and we act as operator. Our operator terms specify instructions, safeguards, confidentiality, assistance and incident notification. We remain responsible for the duties that apply to our own processing.

A customer-selected external integration may have separate terms. We will identify relevant processing providers, locations and restrictions for the agreed service. Outsourcing does not automatically excuse our performance, security or statutory duties. No South Africa-only hosting, certification or specific recovery guarantee is implied unless expressly included in the service agreement and supported by the deployment.

8. Service delivery and support

The Service Level Agreement page explains how agreed service commitments work. Specific uptime percentages, response times, support hours, maintenance allowances and credits apply only if your order expressly includes them. A response target is not a resolution guarantee.

Preview and development features must be identified before use. Do not use them for production records unless expressly agreed with suitable safeguards. We will use reasonable care and skill to provide the agreed services. No promise of uninterrupted or error-free operation removes mandatory quality obligations.

9. Important limitation of liability

This section limits the damages you may recover. Read it before accepting. The exceptions in section 9.4 take priority over every limitation or exclusion in these documents.

9.1 Most recent payment cap. Subject to section 9.4, our total aggregate liability arising out of or relating to the affected service, whether in contract, delict (including ordinary negligence) or otherwise, is limited to the full amount of the most recent successful payment we received for that service before you first notify us of the claim (the “Last Payment”). Related claims arising from the same event or series of events share this single cap.

9.2 What counts as the Last Payment. The Last Payment is the gross amount you paid for the affected service in the latest completed payment transaction before you first notify us of the claim, as shown on the paid invoice or receipt, including VAT and less any amount refunded or reversed. It is not a total of fees paid over the preceding twelve months and is not divided by the term covered. A successful annual or other prepayment for the affected service counts in full. If a single transaction paid for more than one service, only the amount shown for the affected service on the invoice counts. Unpaid invoices, failed payments, free promotional credit and amounts paid directly to an independent provider do not count. If you have made no payment for the affected service, section 9.1 imposes no monetary cap. We will use contemporaneous payment and invoice records; missing records do not prove that the Last Payment was zero.

9.3 Excluded losses. Subject to section 9.4 and only where lawful and fair, neither party is liable to the other for indirect or consequential loss. Describing a loss as lost profit, lost data or interruption does not by itself make it indirect. Nothing excludes the cost of a statutory remedy where that remedy cannot lawfully be excluded.

9.4 Matters not limited. No cap, exclusion, disclaimer, credit-only remedy or suspension provision limits liability for fraud, fraudulent misrepresentation, wilful misconduct, gross negligence, death or personal injury where limitation is unlawful, or any liability, refund, remedy or right that applicable law does not permit to be limited. This includes applicable CPA and ECTA protections and non-waivable POPIA rights. Regulators and non-contracting data subjects are not bound by this contractual cap. Where the CPA applies, an unfair limitation remains unenforceable despite a checkbox or this savings clause.

10. Suspension, termination and return of data

We may restrict access proportionately where reasonably necessary to address unlawful use, an immediate security risk, a legal obligation or material breach. Where lawful and practicable, we will explain the reason, give an opportunity to remedy it and review disputed suspensions. For termination of a fixed-term consumer agreement covered by CPA section 14, the required 20-business-day breach notice and opportunity to remedy apply. Emergency protection does not create an unrestricted right to cancel.

You can end the service through the agreed cancellation process or any applicable statutory right. On termination, we will cooperate with return or export and deletion of customer content under the processing agreement and agreed retention schedule. Legal retention, legal holds and protected backup cycles may delay complete erasure; retained information remains restricted and protected. We will explain relevant limits. Confidentiality, ownership, accrued lawful payment obligations and provisions intended to survive continue to apply.

11. South African law, complaints and notices

South African law governs these terms. Courts with competent jurisdiction in South Africa may hear disputes, without removing mandatory rights to a regulator, competent ombud, tribunal or court. You are not required to accept private arbitration or surrender statutory remedies.

Contact hardus.vandyk@fleximetadoc.com with your account or order reference and requested resolution. Personal-information complaints may be made directly to the Information Regulator. Consumer complaints may be taken to the National Consumer Commission or an applicable ombud. Internal discussions do not stop a statutory time limit or prevent urgent relief.

We send service notices to your nominated account contact. Please keep it current. Electronic records and notices are recognised to the extent permitted by ECTA; no term overrides mandatory service requirements. If a provision is unlawful, it is ineffective to that extent and the rest remains subject to law.

12. Versions and changes

This version applies to a new contract when accepted. Existing agreements and accrued claims are not retrospectively replaced. Material changes require advance notice stating the proposed effective date and any acceptance or cancellation choice required by law or the agreement. Merely posting this page does not reduce an existing customer’s remedies or prove acceptance.

The version and document hash shown at acceptance are retained with the acceptance record. You may request the relevant previous version through hardus.vandyk@fleximetadoc.com. The January 2026 archived documents remain available through the legal centre.

13. Incorporated contract documents

Acceptance of this edition includes the Acceptable Use Policy, Refunds and Cancellation Policy and, where we process customer personal information as operator, the Data Processing Agreement, each edition 2026-11-02. Their immutable copies and content hashes identify the contract documents recorded with acceptance. These are prospective terms; an existing signed processing agreement is changed only through its valid change procedure.

• Acceptable use: exact accepted edition
• Refunds and cancellation: exact accepted edition
• Data processing: exact accepted edition

The Privacy Policy, Cookies notice and PAIA manual are information and rights notices. Their publication or acknowledgement does not give marketing or optional analytics consent. An SLA's numerical commitments require the accepted order or signed schedule described on that page.