Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and ProComply (Pty) Ltd ("ProComply", "we", "us", or "our"), a company registered in the Republic of South Africa.

By accessing or using the ProComply platform at procomply.co.za, creating an account, or clicking "I agree" during onboarding, you confirm that:

• You have read, understood, and agree to be bound by these Terms.
• You have the legal authority to enter into this agreement on behalf of yourself or the organisation you represent.
• You are at least 18 years of age.

If you do not agree to these Terms, you may not use our platform. We reserve the right to update these Terms at any time. Continued use after changes constitutes acceptance.

ProComply is a software-as-a-service (SaaS) platform designed to assist South African businesses in organising, recording, and managing their occupational health and safety (OHS) compliance activities. The platform provides tools including:

• Digital OHS checklists and inspection templates aligned with OHS Act 85 of 1993
• Site, equipment, and contractor management
• Issue and incident tracking
• Attendance and access registers via QR code
• Compliance reporting and PDF export
• Audit-ready documentation tools

We reserve the right to modify, suspend, or discontinue any feature of the platform at any time with reasonable notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

You remain solely responsible for:

• Ensuring your OHS obligations are met in accordance with all applicable South African legislation, including but not limited to the OHS Act 85 of 1993 and its regulations, the Mine Health and Safety Act, the COID Act, and all sector-specific codes of practice.
• The accuracy and completeness of all data, checklists, inspections, and records submitted to the platform.
• Employing suitably qualified and competent persons (as defined under the OHS Act) to perform inspections and verify compliance.
• Acting on any issues, non-conformances, or risks identified through the platform.
• Maintaining physical records and documentation as required by law, separate from and in addition to records maintained on ProComply.

Reports generated by ProComply are intended as management tools to support your compliance activities. They do not constitute a certification of compliance, a legal clearance, or a professional OHS audit. You should not present any ProComply output as such to regulators, clients, or any other party without appropriate professional verification.

4.1 Account Creation

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@procomply.co.za if you suspect unauthorised access.

4.2 Organisational Accounts

Where you register on behalf of a business or organisation, that organisation is the account holder and subscriber. The individual who creates the account ("Account Owner") is responsible for managing user access and ensuring that all users within the organisation comply with these Terms.

4.3 User Roles and Permissions

ProComply operates a role-based access control system. The Account Owner and administrators are responsible for assigning appropriate roles and permissions to users. ProComply is not responsible for access granted in error or for actions taken by users within their assigned permissions.

4.4 Acceptable Use

You agree not to:

• Use the platform for any unlawful purpose or in violation of any applicable law or regulation.
• Submit false, fraudulent, or misleading compliance data.
• Attempt to gain unauthorised access to any part of the platform or to other users' data.
• Reverse engineer, decompile, or attempt to extract the source code of our platform.
• Use automated tools (bots, scrapers, crawlers) to access or extract data without our written permission.
• Transmit malware, viruses, or any other harmful code.
• Interfere with or disrupt the integrity or performance of the platform or its underlying infrastructure.
• Resell, sublicense, or otherwise commercially exploit access to the platform without our express written consent.

5.1 Plans and Fees

ProComply is offered on a subscription basis across multiple plan tiers (Bronze, Silver, Gold, Platinum). Current pricing, features, and site limits for each plan are published on our pricing page and may be updated from time to time. All prices are in South African Rand (ZAR) and are exclusive of VAT unless stated otherwise.

5.2 Billing

Subscriptions are billed monthly or annually in advance, depending on the billing cycle you select. Annual subscriptions are invoiced as a single upfront payment. Payments are processed by Stripe, Inc. By subscribing, you authorise us to charge your nominated payment method on a recurring basis for the applicable subscription fee.

5.3 VAT

VAT at the applicable rate will be added to all subscription fees where ProComply is VAT-registered. A VAT invoice will be issued for each billing period.

5.4 Price Changes

We reserve the right to change subscription pricing at any time. We will provide at least 30 days' written notice of any price increase. Continued use after the effective date of a price change constitutes your agreement to the new pricing. For annual subscribers, price changes will apply at renewal.

5.5 Failed Payments

If a payment fails, we will attempt to retry the charge. If payment remains outstanding after 7 days, we reserve the right to suspend access to the platform until the outstanding amount is settled. Suspension does not relieve you of the obligation to pay amounts owed.

5.6 Refunds

Subscription fees are non-refundable except where required by applicable South African consumer protection law. If you cancel your subscription mid-cycle, you retain access until the end of the paid period; no partial refunds are issued. Refund requests under the Consumer Protection Act 68 of 2008 will be assessed on a case-by-case basis.

5.7 Upgrades and Downgrades

You may upgrade your plan at any time; the new features and pricing will take effect immediately, with any price difference prorated for the remainder of the current billing cycle. Downgrades take effect at the start of the next billing cycle. Downgrading may result in loss of access to features and/or data associated with the higher-tier plan.

6.1 Your Data

You retain full ownership of all data you submit to ProComply ("Customer Data"), including compliance records, site data, employee information, and inspection results. We do not claim any ownership rights over your Customer Data.

6.2 Licence to ProComply

By submitting Customer Data to the platform, you grant ProComply a limited, non-exclusive, worldwide licence to store, process, and display your Customer Data solely for the purpose of providing the services described in these Terms. This licence terminates when your account is closed, subject to our data retention obligations.

6.3 Anonymised Aggregate Data

We may use anonymised, aggregated, and de-identified data derived from your use of the platform to improve our services, produce industry benchmarks, and generate statistical insights. Such data will not identify you or your organisation and is not subject to the data ownership provisions above.

6.4 Data Export

You may export your Customer Data via the platform's export tools (CSV, PDF) at any time during your active subscription. After account cancellation, you may request a data export within 30 days. Thereafter, we may delete your data in accordance with our retention policy.

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

The ProComply platform, including its software, design, trademarks, logos, OHS templates, scoring methodology, and all related intellectual property, is owned by ProComply (Pty) Ltd and is protected by South African and international intellectual property law.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the platform solely for your internal business purposes in accordance with these Terms. Nothing in these Terms transfers any intellectual property rights to you.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the platform without our express written consent.

9.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The platform will be uninterrupted, error-free, or secure at all times.
• Any defects or errors will be corrected.
• The platform or its outputs will meet your specific compliance, regulatory, or business requirements.
• The OHS templates and checklists provided are complete, current, or suitable for your specific industry, operations, or regulatory context.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE SOUTH AFRICAN LAW, PROCOMPLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Regulatory fines, penalties, or enforcement action by the Department of Employment and Labour or any other authority
• Workplace injuries, accidents, or fatalities
• Loss of contracts or commercial relationships
• Any damages arising from your reliance on platform outputs as a substitute for professional OHS advice

IN NO EVENT SHALL PROCOMPLY'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain liabilities. To the extent that such laws apply, some of the above limitations may not apply to you.

9.3 Indemnification

You agree to indemnify, defend, and hold harmless ProComply, its directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any claim by a third party arising from your Customer Data or compliance activities.

The platform integrates with or relies on third-party services including Stripe (payments), Supabase (database), and Vercel (hosting). Your use of these integrated services is also subject to their respective terms of service and privacy policies. ProComply is not responsible for the practices, availability, or content of third-party services.

11.1 Termination by You

You may cancel your subscription at any time through the platform settings or by contacting us at support@procomply.co.za. Cancellation takes effect at the end of the current billing period. You remain responsible for all fees incurred prior to cancellation.

11.2 Termination or Suspension by ProComply

We reserve the right to suspend or terminate your account immediately, without notice, if:

• You materially breach these Terms and fail to remedy the breach within 7 days of written notice.
• You engage in fraudulent activity or submit knowingly false compliance data.
• Your account is used in a manner that causes harm to ProComply, other users, or third parties.
• Payment remains outstanding for more than 14 days.

11.3 Effect of Termination

On termination: (a) your licence to use the platform ends immediately; (b) you may request a data export within 30 days; (c) we will retain your data for 24 months in accordance with our data retention policy, after which it will be permanently deleted; (d) all outstanding fees become immediately payable.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation for a period of 30 days. If the dispute is not resolved by negotiation, it shall be submitted to mediation in accordance with the rules of the Arbitration Foundation of South Africa (AFSA) before any litigation is commenced.

You consent to the non-exclusive jurisdiction of the courts of the Republic of South Africa for any disputes that cannot be resolved through the above process.

To the extent that the Consumer Protection Act 68 of 2008 ("CPA") applies to these Terms, nothing in these Terms is intended to limit or exclude any rights you have under the CPA that cannot lawfully be excluded. In particular, Section 49 of the CPA requires that any terms limiting your rights be drawn to your attention and that you acknowledge them specifically. By accepting these Terms, you acknowledge that you have read and understood the limitations of liability set out in Section 9 above, and you agree to them to the maximum extent permissible under the CPA.

In terms of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), you consent to receive communications from us electronically. Your acceptance of these Terms by clicking "I agree" or by using the platform constitutes a valid and binding electronic signature for purposes of ECTA.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy and any order forms or subscription confirmations, constitute the entire agreement between you and ProComply with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 14 days' notice via email or a prominent notice on the platform. If you do not agree to the revised Terms, you must stop using the platform and cancel your subscription before the effective date. Continued use after that date constitutes acceptance of the revised Terms.

For any queries regarding these Terms:

ProComply (Pty) Ltd
Email: support@procomply.co.za
Republic of South Africa