Terms of Service Agreement

1. Acceptance of Terms & Scope

These Terms of Service ("Agreement") constitute a legally binding agreement between Be Right Back Systems (Pty) Ltd and WOLFF Cloud Technologies (Pty) Ltd ("Be Right Back", "Provider", "we", "us") and the subscriber organization, administrator, or individual employee ("Customer", "You") accessing or using the Be Right Back platform, mobile applications, or desktop binaries.

By creating an organization workspace, signing into a staff portal, checking an acceptance box, or submitting payment details, you acknowledge that you have read, understood, and agree to be bound by these Terms and our incorporated Privacy Policy, Refund Policy, and Cookie Policy.

2. Workspace Provisioning & Authorized Users

Organizations are granted a non-exclusive, non-transferable, revocable license to access and use the Platform during the active subscription or trial term.

• Administrator Authority: The person who initializes a tenant workspace warrants that they possess full corporate authority to bind their entity to this Agreement.
• Credential Integrity: Users are solely responsible for safeguarding passwords, PIN codes, and session tokens. You must immediately notify Provider upon discovering any compromised credentials.
• Age Verification (18+ Requirement): Workspace administrators must be at least 18 years of age. All registered employees must be legally permitted to engage in employment under applicable national labor legislation.

3. Subscription Billing, Upgrades & Transparent Cancellation

We believe in complete pricing transparency, zero hidden charges, and zero dark patterns:

• 7-Day Risk-Free Full Access Trial: New workspaces receive 7 days of unrestricted access. No credit card is required to begin the trial. If no paid subscription is selected by day 7, the workspace transitions to read-only archival mode with zero billing attempts.
• Monthly Billing Cycles: Paid subscriptions are billed on a recurring 30-day cycle via our secure, PCI-DSS Level 1 compliant processor (Paystack).
• Instant Self-Service Cancellation: Administrators may cancel their subscription at any time with a single click inside the Admin Command Center (under Settings → Billing & Subscriptions → Cancel Subscription). We never require tedious cancellation phone calls, artificial delay periods, or guilt-tripping loops. Upon cancellation, your workspace remains fully accessible until the conclusion of your current billing period, after which no further charges will be made.

4. Statutory Employment & Data Protection Compliance

The Platform is engineered to assist organizations with South African labor and privacy statutory compliance, including the Basic Conditions of Employment Act (BCEA 75 of 1997) and the Protection of Personal Information Act (POPIA 4 of 2013).

• Customer as Responsible Party (Data Controller): The Customer organization remains the Responsible Party under POPIA. The Customer is responsible for ensuring employee consent has been lawfully obtained for the processing of HR records and medical certificates.
• Provider as Operator (Data Processor): Be Right Back acts as an Operator, processing employee data strictly in accordance with Customer instructions and statutory security requirements (POPIA Section 19).
• Submissions Integrity: Employees warrant that leave applications, medical notes, and reimbursement expense slips submitted through the system are genuine, accurate, and non-fraudulent.

5. Intellectual Property & Customer Data Ownership

• Provider Proprietary Rights: All software source code, algorithms, leave accrual recoil engines, user interface designs, logos, and documentation are the exclusive intellectual property of WOLFF Cloud Technologies and Be Right Back Systems.
• Customer Owns All Data: The Customer retains complete, unencumbered ownership of all organizational data, employee records, uploaded receipts, and leaves databases. Customer data can be exported in full RFC-4180 CSV / JSON formats at any time.

6. Service Level Commitment (99.9% Uptime)

We commit to providing a 99.9% monthly uptime target across our core leave submission and approval APIs, excluding scheduled maintenance windows announced at least 48 hours in advance.

7. Limitation of Liability & Disclaimers

To the maximum extent permitted by the Consumer Protection Act (CPA 68 of 2008) and South African law:

• The Platform is provided "as is" and "as available". While our leave engines automate statutory calculations, Be Right Back does not provide formal legal, tax, or labor advisory services. Organizations should consult certified labor practitioners for formal disputes.
• Neither party shall be liable for indirect, incidental, consequential, or punitive damages. Provider's aggregate liability under this Agreement shall not exceed the total fees paid by the Customer in the preceding 6 months.

8. Termination & Post-Termination Data Portability

Upon termination of a workspace subscription, Customer may export a comprehensive archive of all employees, requests, audit logs, and attendance records within 30 calendar days. After 30 days, non-statutory records will be queued for automated purge, while statutory records will be maintained or deleted in accordance with Section 31 of the BCEA and our Privacy Policy.

9. Governing Law & Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa. The parties agree to submit any formal unresolved dispute to the jurisdiction of the High Court of South Africa (Gauteng Local Division, Johannesburg).