Terms of Service

1. Who these terms are between

These Terms of Service ("Terms") govern your access to and use of the KYC Pro platform, websites, applications and related services (together, the "Service"). The Service is operated by Know Your Clients (Pty) Ltd (registration number 2023/875399/07), trading as "KYC Pro" ("KYC Pro", "we", "us", "our"). "You" means the person or entity that registers for, accesses or uses the Service, including any assistants, employees or team members you authorise to use it on your behalf.

By creating an account, accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy, and any other policies referred to in them. If you do not agree, you must not use the Service. If you use the Service on behalf of a business or FSP, you confirm you are authorised to bind that entity to these Terms.

2. What KYC Pro is (and is not)

KYC Pro is a compliance, record-keeping and client-management software tool built to assist South African financial services providers and their representatives. It helps you capture client information, complete needs analyses, generate quotations and records of advice, store documents, manage tasks and communicate with your clients.

KYC Pro is not a financial services provider, a product provider, an insurer, an administrator or a compliance officer. KYC Pro does not provide financial, legal, tax, actuarial or compliance advice, and nothing generated by the Service constitutes such advice. The Service is a tool that you, the qualified professional, use to do your work — it does not replace your professional judgement, your obligations, or your responsibility for your clients.

3. Eligibility

You may only use the Service if you are a licensed Financial Services Provider (FSP) authorised under the Financial Advisory and Intermediary Services Act 37 of 2002 ("FAIS"), or a representative or employee acting under the supervision and authority of such an FSP, or another professional using the tool for a lawful purpose within its intended scope. You must be at least 18 years old and able to enter into a binding contract. You are responsible for ensuring that your use of the Service is permitted by your FSP, your compliance framework and applicable law.

4. Accounts, access and security

You must provide accurate, current and complete information when registering and keep it up to date. You are responsible for all activity that occurs under your account and under the accounts of any assistant or team member you invite or authorise.

You must keep your login credentials confidential, use the two-factor authentication we provide, and notify us immediately at info@kycpro.co.za if you suspect any unauthorised access. We are not liable for any loss arising from your failure to keep your credentials or devices secure. We may suspend or disable accounts that we reasonably believe have been compromised or are being used in breach of these Terms.

5. Subscription, billing and cancellation

KYC Pro is offered on a subscription basis at the price displayed at sign-up (currently R599.99 per month, billed monthly in South African Rand, inclusive of VAT where applicable). Payments are processed by our third-party payment provider, PayFast. By subscribing you authorise us and PayFast to charge your chosen payment method on a recurring basis.

Your subscription renews automatically at the end of each billing period until you cancel. You may cancel at any time from your account or by contacting us; cancellation takes effect at the end of the current paid billing period. Except where required by law, fees already paid are non-refundable and cancellation does not entitle you to a refund of the current period.

New accounts currently begin with a free trial period. We do not ask for card details to start a trial and we do not charge you when it ends — the trial simply expires, and your access pauses until you choose to subscribe. Free trials are offered at our discretion and the length of the trial may be changed or withdrawn for future sign-ups. We may change our prices on reasonable prior notice by email; continued use after the change takes effect constitutes acceptance. If your payment fails, we may suspend or limit your access until payment is brought up to date.

6. Your responsibilities as a professional

This is the most important part of these Terms. You, as the authorised FSP and/or representative, remain solely and fully responsible for:

• all financial advice, intermediary services and product recommendations you provide to your clients, and the suitability and appropriateness of that advice;
• the accuracy, completeness and lawfulness of everything you capture, generate, store, send or rely on using the Service;
• obtaining all necessary consents, mandates and disclosures from your clients;
• your compliance with FAIS, the Financial Intelligence Centre Act 38 of 2001 ("FICA"), the Protection of Personal Information Act 4 of 2013 ("POPIA"), the General Code of Conduct, and all other applicable laws, codes and regulatory requirements; and
• the relationship with, and any dispute involving, your clients.

Use of the Service does not transfer, reduce, discharge or diminish any of these obligations in any way. Documents the Service helps you produce (such as records of advice, needs analyses, quotations and letters) are drafts and aids that you must review, complete, verify and take ownership of before use.

7. Product, plan and calculation data

Product information displayed in the Service — including premiums, benefits, limits, networks, plan rules, tax figures, and the outputs of any calculators or comparison tools — is sourced from insurer, scheme and provider publications and legislation, and is provided for convenience and illustration only. Providers and legislation change frequently and without notice. You must independently verify all figures and rules against the official current provider quotation, brochure, scheme table or legislation before presenting them to a client or relying on them for advice. KYC Pro accepts no liability for reliance on unverified or out-of-date product, plan, tax or calculation data.

8. Artificial intelligence (AI) features

Certain features of the Service use artificial intelligence, including third-party large language models (currently provided by Anthropic), to help you work faster — for example, the in-app help assistant, AI-assisted summaries, and drafting or suggestion tools. These features are provided as productivity and drafting aids only.

You acknowledge and agree that AI-generated output:

• may be inaccurate, incomplete, outdated, biased or unsuitable, and can produce confident-sounding statements that are wrong;
• is not financial, legal, tax or compliance advice, and is not a substitute for your professional judgement;
• must be independently reviewed, verified and corrected by you before you rely on it, act on it, store it, or present or send it to a client or any third party; and
• remains entirely your responsibility once you choose to use it — you are treated as the author of any content you send or present, whether or not it was AI-assisted.

You must not input into any AI feature any information you are not lawfully permitted to process, and you must ensure you have the necessary consents to do so. KYC Pro gives no warranty as to the accuracy, reliability, fitness or availability of any AI feature or its output, and, to the maximum extent permitted by law, accepts no liability arising from your use of, or reliance on, AI features or their output. We may change, limit or discontinue AI features at any time.

9. Acceptable use

You agree to use the Service only for lawful, legitimate purposes within its intended scope, and only with the consent of, and disclosure to, the individuals whose information you process where required. You must not:

• use the Service in breach of FAIS, FICA, POPIA, the ECT Act or any other law;
• upload or process information you have no right or consent to process;
• use the Service to send unlawful, misleading, harassing or unsolicited communications;
• attempt to gain unauthorised access to, disrupt, overload, reverse-engineer, decompile, scrape or copy the Service, its software, its data or its infrastructure;
• resell, sublicense, white-label or provide the Service to third parties except as expressly permitted;
• introduce malware or attempt to circumvent security, usage limits or authentication; or
• use the Service in any way that could damage, disable or impair it or interfere with any other user's use.

10. Your data and client data

You retain ownership of all data you enter into the Service. As between you and KYC Pro, you are the owner and, in respect of your clients' personal information, the Responsible Party under POPIA; KYC Pro acts as an Operator processing that information on your behalf and on your instructions. You are responsible for having a lawful basis (including any necessary consent) for the personal information you capture and process using the Service. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. You can export or request deletion of your data as described there.

Our undertakings as your Operator. This section, together with the Privacy Policy, is intended to be the written contract required by section 21 of POPIA. We undertake to: process your clients' personal information only with your knowledge and authorisation and only on your documented instructions, except where the law requires otherwise; treat that information as confidential and not disclose it unless required by law or permitted under these Terms; establish and maintain the security safeguards required by section 19 of POPIA, as described in section 9 of our Privacy Policy; impose equivalent obligations on any sub-operator we engage, and remain responsible to you for their performance; notify you without undue delay where we have reasonable grounds to believe your clients' personal information has been accessed or acquired by an unauthorised person, so that you can meet your own notification obligations; and, on termination and at your election, make your data available for export and thereafter delete it, save where the law requires us to retain it.

11. Third-party services

The Service relies on reputable third-party providers to function, including cloud hosting and database services, a payment processor (PayFast), an email delivery provider (Resend), an SMS delivery provider (SMSPortal), an error-monitoring provider (Sentry), and an AI provider (Anthropic). These are listed in full, with what each one receives, in section 7 of our Privacy Policy. Your use of the Service may be subject to those providers' terms. We are not responsible for the acts, omissions, availability or content of third-party services, and any links to third-party sites are provided for convenience only.

12. Intellectual property

The Service, including all software, source code, design, text, graphics, logos, templates and other materials (excluding the data you enter), is owned by KYC Pro or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose during your subscription. You may not copy, modify, distribute, sell or create derivative works from any part of the Service except as expressly permitted. Any feedback you provide may be used by us without obligation to you.

13. Availability, maintenance and changes to the Service

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation, and we do not commit to any specific uptime. The Service may be unavailable during planned maintenance (which we will try to communicate in advance where reasonable) or due to events beyond our control. We may add, change, suspend or remove features at any time, provided we do not materially reduce the core functionality you pay for without reasonable notice.

14. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service, its content, its product data or any AI output will be accurate, complete, current, uninterrupted, secure or error-free, or that it will meet your specific requirements or your regulatory obligations.

15. Limitation of liability

To the maximum extent permitted by law, KYC Pro's total aggregate liability arising from or relating to the Service, however arising (whether in contract, delict/tort, statute or otherwise), shall not exceed the total subscription fees actually paid by you to KYC Pro in the twelve (12) months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by law, KYC Pro shall not be liable for any indirect, incidental, special, punitive or consequential loss or damage of any nature — including loss of profits, loss of business or goodwill, loss of clients, loss of data, business interruption, or any regulatory fines, penalties, sanctions or complaints — whether arising in contract, delict/tort, statute or otherwise, and even if we were advised of the possibility of such loss.

Without limiting the above, KYC Pro is not liable for any loss arising from: the advice you give or fail to give; the suitability of any recommendation; your reliance on product, plan, tax or calculation data, or on AI output, that you did not independently verify; your breach of these Terms or of any law; the acts or omissions of third-party providers; or any claim brought against you by your clients or any third party.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for gross negligence, fraud, or death or personal injury caused by our negligence, or any rights you may have under the Consumer Protection Act 68 of 2008 to the extent it applies to you.

16. Indemnity

You agree to indemnify, defend and hold harmless KYC Pro, its owners, directors, employees and contractors against all claims, demands, proceedings, losses, damages, fines, penalties, costs and expenses (including reasonable legal costs) arising out of or in connection with: your use of the Service; the advice, intermediary services or products you provide or recommend; your relationships with, or any dispute or complaint involving, your clients or any third party; your reliance on unverified product data or AI output; your entry or processing of any personal information without a lawful basis or necessary consent; or your breach of these Terms or of any applicable law (including FAIS, FICA and POPIA).

17. Confidentiality

Each party may receive confidential information from the other. Each party agrees to keep the other's confidential information secure and to use it only for the purpose of performing under these Terms, except where disclosure is required by law or a regulator.

18. Suspension and termination

You may stop using the Service and cancel at any time as described above. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, use the Service unlawfully or in a way that risks harm to the Service, other users or us, or if required by law. On termination, your right to use the Service ends. You may request a full export of your data for at least 30 days after your access ends, after which we may delete it in line with our Privacy Policy and legal retention obligations. You remain responsible for your own record-keeping duties under FAIS, FICA and any other applicable law, and those periods are far longer than the export window — so you should export and retain your own copy of any records you are required to keep, rather than relying on us to hold them for you. Provisions that by their nature should survive termination (including sections 6, 7, 8, 10, 12, 14, 15, 16 and 20) will survive.

19. Changes to these Terms

We may update these Terms from time to time. Where changes are material, we will give you reasonable notice, for example by email or an in-app notice, before they take effect. Your continued use of the Service after the changes take effect constitutes acceptance. If you do not accept a change, your remedy is to stop using and cancel the Service.

20. Governing law, disputes and general

Governing law: These Terms are governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts.

Disputes: Before starting legal proceedings, the parties agree to first attempt to resolve any dispute in good faith by written notice and discussion.

Force majeure: Neither party is liable for any failure or delay caused by events beyond its reasonable control, including outages of third-party infrastructure, load-shedding, network failures, or acts of government.

Severability: If any provision is found to be unenforceable, the remaining provisions continue in full force.

Assignment: You may not assign or transfer these Terms without our consent. We may assign these Terms as part of a reorganisation, merger or sale of the business.

Entire agreement: These Terms, together with the Privacy Policy and any order or plan details, are the entire agreement between you and KYC Pro regarding the Service and supersede any prior agreement.

No waiver: Our failure to enforce any provision is not a waiver of it.

21. Contact

Questions about these Terms? Email info@kycpro.co.za or use our contact page.