Terms of Service

Sigmund (Pty) Ltd Version 1.1 · Effective 16 September 2026

Please read clause 13 (limitation of liability), clause 9 (your responsibilities as responsible party) and clause 15 (what happens to your data on termination) carefully. They limit our liability, place obligations on you, and govern the deletion of your data.

If you are subscribing on behalf of a company, you confirm that you are authorised to bind it.

1. Who we are

This clause is included to meet the information requirements of section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA").

2. Definitions

Applicant means a person who submits documents or information through the Platform at your invitation.

Applicant Data means personal information relating to an Applicant that is processed through the Platform.

Platform means the Sigmund software service, including the applicant upload portal, the analyst interface and any application programming interface we make available.

Pricing Page means the page published at getsigmund.co/pricing, as updated from time to time, which sets out our plans, included volumes, fees, currency, billing cycle, taxes and free tier conditions. The Pricing Page forms part of this agreement.

Sub-Operator Page means the page published at getsigmund.co/subprocessors, which lists the service providers that process Applicant Data on our behalf, as updated from time to time.

Personal information, responsible party, operator, processing and data subject have the meanings given to them in the Protection of Personal Information Act 4 of 2013 ("POPIA").

Data Processing Addendum means the addendum published at getsigmund.co/dpa, which forms part of this agreement.

3. Your account

You must give accurate registration details and keep them current. You are responsible for everything done under your account, including by your staff and anyone you give access to. Keep credentials confidential and tell us promptly at info@getsigmund.co if you believe an account has been compromised.

You may not create an account if you are under 18.

4. Free tiers and trials

We may make a free tier or trial available. What it includes, and any limit or condition attached to it, is set out on the Pricing Page.

A free tier or trial is provided as it stands, without warranty, and confers no entitlement to continued access. We may change, limit, suspend or withdraw a free tier or trial, in whole or in part, in respect of any account or all accounts, at any time and with immediate effect. We are not obliged to give reasons or advance notice.

Where we do so, access may end immediately. Export is your responsibility while your account is live, as set out in clause 15.

5. Plans, fees and payment

Our plans, fees, currency, billing cycle, included volumes, overage treatment, taxes and payment methods are set out on the Pricing Page. By subscribing you accept the terms set out there for the plan you select.

Subscriptions renew automatically for successive billing periods at the then-current price until cancelled. You may cancel at any time from your account settings, effective at the end of the current billing period.

We may change our fees, plans and included volumes by updating the Pricing Page. A change takes effect at your next renewal after it is published. If you do not accept it, cancel before your renewal date. Any reminder, notification or in-product prompt we send about renewals or price changes is a courtesy and not a condition of the change taking effect.

If payment fails, we may suspend access after a reasonable period. Suspension does not itself delete your data; clause 15 governs deletion.

6. Cooling off

If you are a natural person contracting for purposes outside your business, section 44 of ECTA gives you seven days from the day you conclude this agreement to cancel a paid subscription without reason and without penalty, and to receive a refund of amounts paid, less the direct cost of anything already supplied.

This right does not apply to juristic persons, or once a service has been fully performed with your consent.

7. Your rights under the Consumer Protection Act

Where the Consumer Protection Act 68 of 2008 applies to you, including where you are a juristic person whose asset value or annual turnover falls below the threshold set under that Act, nothing in these terms limits, waives or excludes any right you have under it. If any provision here conflicts with a right you hold under that Act, that right prevails to the extent of the conflict.

8. Licence and acceptable use

We grant you a non-exclusive, non-transferable right to use the Platform for your internal business purposes during the subscription period.

You may not:

• use the Platform for any unlawful purpose, or to collect information you have no lawful basis to collect;
• invite Applicants who have not agreed to deal with you, or use the Platform to send unsolicited communications;
• attempt to reverse engineer, decompile or extract the models or logic underlying the Platform;
• resell, sublicense or provide the Platform as a service to third parties without our written agreement;
• circumvent usage limits, rate limits or access controls, or use automated means to create multiple free accounts;
• upload malicious code, or content that infringes another person's rights;
• use the Platform to make a decision about a person based solely on automated processing, in contravention of section 71 of POPIA.

We may suspend access immediately where we reasonably believe use is unlawful, abusive, or poses a security risk to us, to other customers, or to Applicants.

9. Your responsibilities as responsible party

In relation to Applicant Data you are the responsible party and we are your operator. The decisions are yours and so are the corresponding obligations.

You warrant, on a continuing basis, that:

a) you have a lawful basis under section 11 of POPIA (or, where applicable, sections 27 to 35 for special personal information or the personal information of children) for every category of information you configure the Platform to collect;

b) you have given, or authorise us to give on your behalf, the notice required by section 18 of POPIA to every Applicant you invite;

c) any applicant-facing notice we display on your behalf accurately names you and describes your purposes, and you have reviewed it;

d) where your sector imposes further requirements, including under the Financial Intelligence Centre Act 38 of 2001, the National Credit Act 34 of 2005 or the Financial Advisory and Intermediary Services Act 37 of 2002, you comply with them;

e) you will respond to data subject requests relating to Applicant Data, with our assistance as set out in the Data Processing Addendum;

f) you will export and retain any Applicant Data you are required by law to keep, and will not rely on the Platform as your system of record.

You indemnify us against any claim, fine or loss arising from a breach of this clause 9.

10. Applicant-facing notices

We display a privacy notice in the upload portal and in collection emails, naming you as the responsible party, so that the notice required by section 18 of POPIA is delivered at the point of collection. You may configure the fields marked as configurable and are responsible for their accuracy. You may not remove the notice or alter it so that it becomes inaccurate.

Where you elect to supply your own applicant notice instead, you are responsible for its content and compliance.

11. Ownership of data, output and models

Your data stays yours. You retain all rights in Applicant Data and in the configuration, rules and decision logic you create on the Platform.

Our platform stays ours. We retain all rights in the Platform, in our models and systems, and in any improvement to them.

Service data. We may use data about how the Platform performs, including volumes, error rates, latency and validation outcomes, to operate, secure, support and improve the service. This does not include the content of Applicant Data.

Model improvement. You grant us the right to use Applicant Data processed through your account to develop, train, evaluate and improve the models, systems and services we operate from time to time, on condition that the data is de-identified in accordance with the Data Processing Addendum before it enters any development, training or evaluation set, and that the resulting improvements never expose your configuration, rules or decision logic to another customer.

You may opt out by written notice to info@getsigmund.co, effective from the date we receive it. Opting out does not require us to reverse work already done on properly de-identified data, because that data is no longer personal information.

Feedback. If you send us suggestions, we may use them freely.

12. Availability, support and no professional advice

We aim for high availability but do not commit to a service level under these terms. Support is provided at info@getsigmund.co on reasonable endeavours.

The Platform produces validation results, flags and analysis to support a human decision. It does not make decisions, and it is not legal, credit, financial or compliance advice. Fraud and anomaly flags are indicative and may produce both false positives and false negatives. You remain responsible for every decision you take about an Applicant and for the human review of anything the Platform produces.

13. Limitation of liability

Nothing in this clause limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence, or for anything else that cannot lawfully be limited, including under the Consumer Protection Act 68 of 2008.

Subject to that:

• Neither party is liable for indirect or consequential loss, loss of profit, loss of business, loss of data, or loss of anticipated savings.
• Where you are on a paid plan, our total liability in any 12-month period is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
• Where you are on a free tier or trial, our total liability in aggregate is limited to R1 000. You accept this limit in exchange for access at no charge.
• We are not liable for any decision you make about an Applicant, for your failure to comply with clause 9, or for data you failed to export before it was deleted under clause 15.

14. Confidentiality

Each party will keep the other's confidential information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the recipient, was already known, or must be disclosed by law.

15. Termination, and what happens to your data

This agreement runs until terminated.

You may cancel at any time from your account settings, effective at the end of the current billing period.

We may terminate on 30 days' notice. We may terminate or suspend immediately if you materially breach these terms, if your use is unlawful or abusive, or if your use threatens the security of the Platform.

We may also end your access immediately at any time by refunding the portion of the current billing period that remains unused. You have no claim beyond that refund.

On termination:

1. Access ends. There is no grace period, and no read-only period, unless we choose to allow one.
2. Export is your responsibility, and must happen before termination. Export tools are available in the Platform throughout the life of your account. Clause 9(f) requires you to use them where the law obliges you to retain records.
3. We delete. We delete Applicant Data following termination. We are under no obligation to return, extract, compile or deliver Applicant Data to you in any form, and any assistance we choose to give is at our discretion and may be charged for.
4. Deletion extends to encrypted backups within our normal backup rotation.
5. Properly de-identified data already used for model improvement is not deleted, because it is no longer personal information and cannot be linked to you or to any Applicant.
6. Clauses 11, 13, 14 and 18 survive.

16. Changes to these terms

We may change these terms. For material changes we will publish the updated version and notify you, and the change takes effect at the start of your next billing period. If you do not accept it, cancel before that date. Continuing to use the Platform after that date means you accept the change.

We will not apply a change retrospectively to work already done.

Changes to the Pricing Page and the Sub-Operator Page are governed by clauses 5 and by the Data Processing Addendum respectively, and do not require an amendment to these terms.

17. Notices

Notices to you go to the email address on your account, or are published in the Platform. Notices to us go to info@getsigmund.co, and formal legal process to 4106 Spaces, 21 Dreyer Street, Sunclare Building, Cape Town, 7708, South Africa.

18. Governing law and disputes

This agreement is governed by the law of the Republic of South Africa, and the parties consent to the jurisdiction of the South African courts.

Before litigating, both parties will attempt in good faith to resolve the dispute by discussion. Nothing prevents either party from seeking urgent interim relief.

Where the Consumer Protection Act applies to you, you may also refer a dispute to the National Consumer Commission or an accredited ombud.

19. General

These terms, together with the Data Processing Addendum and the Pricing Page, are the whole agreement between us. If a provision is found unenforceable, the rest stands. A failure to enforce a right is not a waiver of it. You may not cede your rights without our written consent; we may cede ours to an acquirer of our business on notice to you.

Pricing Page: getsigmund.co/pricing · Data Processing Addendum: getsigmund.co/dpa · Privacy Policy: getsigmund.co/privacy