These Terms of Service ("Terms") form a binding agreement between you and [FICAVault legal entity name] (registration number [Registration number]), a company incorporated in the Republic of South Africa with its registered address at [Registered address] ("FICAVault", "we", "us"). By creating an account, uploading documents, or otherwise using the FICAVault platform (the "Service"), you agree to these Terms.
1. What FICAVault is
FICAVault is a compliance-passport platform that lets individuals, businesses and accountable institutions store, keep current, and share FICA/KYC documents. FICAVault is not itself an accountable institution under the Financial Intelligence Centre Act, 38 of 2001 ("FIC Act"), and does not perform customer due diligence on behalf of any institution. Accountable institutions remain solely responsible for their own FICA obligations.
2. Eligibility and accounts
- You must be 18 years or older, or a duly authorised representative of a legal entity.
- You must provide accurate registration details and keep them current.
- You are responsible for the confidentiality of your credentials, OTPs and share links.
- We may suspend or close accounts that we reasonably believe are fraudulent, dormant or in breach of these Terms.
3. Plans, billing and free tier
Every account is free to create. Paid features are charged in South African Rand as published on our pricing page. Business and Institution plans are billed monthly per entity or per linked-client bracket. Fees are non-refundable except where required by law. We may change pricing on 30 days' notice; continued use after the change means you accept it.
4. Your content and consent-based sharing
You retain ownership of everything you upload ("Your Content"). You grant FICAVault a limited, non-exclusive licence to host, process, encrypt, back up and transmit Your Content strictly for the purpose of providing the Service to you.
Sharing with accountable institutions or other third parties only happens when you approve it — typically through an OTP-verified consent step or a signed, time-limited share link. Every approval is logged. You are responsible for ensuring you have the lawful authority to share any document that relates to another person or entity.
5. Acceptable use
You must comply with our Acceptable Use Policy. In particular, you may not upload forged, unlawfully obtained or misleading documents, use the Service to facilitate money laundering, terrorist financing or fraud, or attempt to interfere with the security or integrity of the platform.
6. Privacy and POPIA
Our handling of personal information is described in the Privacy Policy and POPIA Notice. Business and Institution customers who upload personal information of third parties (e.g. clients) are separately bound by our Data Processing Addendum, under which FICAVault acts as operator.
7. Availability
We aim for high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance, and we may temporarily suspend the Service to protect its integrity or security.
8. Disclaimers
The Service is provided "as is". FICAVault does not give legal, financial, tax or compliance advice. Institutions must still form their own view on whether documents shared via FICAVault meet their regulatory obligations.
9. Limitation of liability
To the maximum extent permitted by law, FICAVault's total aggregate liability arising out of or in connection with the Service is limited to the fees you paid to FICAVault in the 12 months preceding the event giving rise to the claim. FICAVault is not liable for indirect, special, incidental or consequential loss, or for loss of profit, revenue, goodwill or data.
10. Indemnity
You indemnify FICAVault against any third-party claims arising from Your Content, your breach of these Terms, or your unlawful use of the Service.
11. Suspension and termination
Either party may terminate on 30 days' notice. We may suspend or terminate immediately for material breach, non-payment, or where we are legally required to do so. On termination, you may export your documents for 30 days, after which they will be deleted in line with our retention practices.
12. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified by email or in-app at least 14 days before they take effect.
13. Governing law and disputes
These Terms are governed by the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the High Court of South Africa, [Gauteng Local Division]. Before litigating, the parties will attempt to resolve disputes in good faith within 30 days of written notice.
14. Contact
Questions about these Terms: legal@ficavault.app.