Terms of Service

1. ACCEPTANCE OF TERMS

By accessing and using THE ACCOUNTANTS (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

Books Xperts (Pty) Ltd ("we", "us", "our") operates THE ACCOUNTANTS for your lawful use. These Terms form a binding contract between you and Books Xperts (Pty) Ltd.

2. USE LICENSE

We grant you a limited, non-exclusive, non-transferable, revocable license to use THE ACCOUNTANTS in accordance with these Terms. You may:

• ✅ Access and use the Service for authorized accounting and AFS compilation purposes
• ✅ Create firm accounts and input client trial-balance data
• ✅ Generate Annual Financial Statement reports and export them for client delivery
• ✅ Download reports and exports for your records and client delivery

You may NOT:

• ❌ Reverse-engineer, decompile, or disassemble the Service
• ❌ Remove or obscure any proprietary notices
• ❌ Use the Service to develop a competing product
• ❌ Resell, license, or rent access to the Service
• ❌ Use the Service in violation of South African law (POPIA, IFRS, SARS requirements)

3. ACCEPTABLE USE POLICY

You agree to use THE ACCOUNTANTS only for lawful accounting purposes. Prohibited uses include:

• Illegal Activity — Any use that violates South African law (POPIA, IFRS Act, Companies Act, SARS Act)
• Fraud or Deception — Misrepresenting client data, entity type, or AFS classification
• Interference — Attempting to disrupt, interfere with, or gain unauthorized access to the Service
• Malware — Uploading viruses, malware, or harmful code
• Data Theft — Accessing other firms' data or attempting unauthorized access

We reserve the right to suspend or terminate your account immediately if you violate this policy.

4. INTELLECTUAL PROPERTY RIGHTS

Our Ownership:

• The Service, including all software, designs, graphics, templates, and code, is owned by Books Xperts (Pty) Ltd or our licensors
• You receive no ownership rights; only a limited license to use the Service per these Terms
• All trademarks, logos, and brand names are the property of Books Xperts (Pty) Ltd
• AFS templates and report designs are licensed content; you may export but not redistribute

Your Ownership:

• You retain ownership of data you input into THE ACCOUNTANTS (trial balances, client data, journal entries)
• You grant us a worldwide license to use your data solely to provide the Service (e.g., to store, process, back up, and display it in the platform)
• You may export your data at any time (see Data Access section below)

5. LIMITATION OF LIABILITY

EXCEPT for personal injury or death, Books Xperts (Pty) Ltd is not liable for:

• Indirect, incidental, special, or consequential damages (lost profits, lost revenue, lost clients, reputational harm)
• Direct damages arising from your use, misuse, or inability to use the Service
• Third-party claims, even if we've been advised of the possibility of such damages
• Inaccuracy, incompleteness, or unreliability of AFS reports (you remain responsible for review and attestation)

Maximum Liability Cap: Books Xperts (Pty) Ltd's total liability to you shall not exceed the greater of (a) the fees you paid in the 12 months preceding the claim, or (b) ZAR 10,000. This cap applies to all claims, whether in contract, tort, negligence, or otherwise.

6. INDEMNIFICATION

You agree to indemnify and hold harmless Books Xperts (Pty) Ltd, its officers, directors, employees, and agents from any claims, losses, damages, or costs (including legal fees) arising from:

• Your violation of these Terms or South African law
• Your use of the Service
• Your client data or content uploaded to the Service
• Third-party claims related to your use of the Service or the AFS reports you generate
• Your failure to comply with IFRS for SMEs or SARS reporting requirements

We will notify you of any such claim and allow you to control the defense (at your expense).

7. DATA PRIVACY & POPIA COMPLIANCE

Our Commitment: Books Xperts (Pty) Ltd complies with the Protection of Personal Information Act, 2013 (POPIA).

Your Data:

• We collect personal data (firm name, accountant email, client details, trial balance data) to provide the Service
• We process data only for the purposes you've authorized (operating the Service, generating AFS, sending updates)
• We do not sell or share your data with third parties (except as required by law or to provide the Service)
• You have the right to access, correct, and delete your data (see Data Access below)

Detailed Privacy Policy: See our separate Privacy Policy document for complete information.

POPIA Rights (You have the right to):

• Access your data (and your clients' data in your custody)
• Correct inaccurate data
• Delete your data (with exceptions for legal/audit records)
• Object to processing
• Request a copy of your data in machine-readable format
• Lodge a complaint with the Information Regulator (POPIA §72(5))

8. SECURITY

Books Xperts (Pty) Ltd implements industry-standard security measures:

• ✅ Encryption: Data in transit (TLS/HTTPS) and at rest (AES-256 or equivalent)
• ✅ Access controls: Role-based access; only authorised staff can view client data
• ✅ Authentication: Secure login with password encryption; optional MFA for sensitive accounts
• ✅ Audit logging: All data access is logged and monitored for suspicious activity
• ✅ Data segregation: Your firm's data is isolated from other firms' data
• ✅ Regular backups: Automated backups to prevent data loss
• ✅ Security testing: Regular penetration testing and vulnerability scanning

Your Responsibility: Keep your account password confidential and log out of shared computers. Notify us immediately of any suspected unauthorized access. Monitor your account for suspicious activity.

Security Incident Notification: If we detect a data breach affecting your personal information, we will notify you within 30 days per POPIA §22.

9. TERMINATION

You May Terminate:

• You can delete your firm account at any time via Settings → Account → Delete Account
• Your data will be deleted within 30 days (except for records we must retain by law)

We May Terminate:

• If you violate these Terms or South African law
• If you engage in illegal activity, fraud, or misrepresentation of AFS data
• For non-payment (if the Service is subscription-based)
• If we discontinue the Service (with 30 days' notice)

Upon Termination:

• Your access to the Service ends immediately
• Your data is deleted per our Data Retention Policy (except legally required records)
• Sections that survive termination: Limitation of Liability, Indemnification, Governing Law

10. DISCLAIMERS

THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE."

We make no warranties, express or implied, regarding:

• Accuracy, completeness, or reliability of AFS computations (IFRS classification is your responsibility)
• Fitness for a particular purpose
• Non-infringement of third-party rights
• Absence of viruses or malware
• Uninterrupted or error-free operation

We Do Not Guarantee:

• 100% uptime (we aim for 99.9%, but outages may occur)
• Real-time data updates (data may be processed in batches)
• Specific audit outcomes or IFRS compliance without your independent review

11. AFS COMPILATION DISCLAIMER

THE ACCOUNTANTS provides tools to compile Annual Financial Statements (AFS) in compliance with IFRS for SMEs. However:

• You (the qualified accountant) remain responsible for final AFS accuracy and compliance with IFRS for SMEs standards
• We provide templates and automated calculations — you must review and attest to the final statements
• Entity type drives the engagement report — we auto-select (Pty Ltd → Independent Review, CC → Accounting Officer's Report, etc.), but you must verify suitability
• Client-specific items (management notes, contingent liabilities, related-party transactions) are your responsibility to investigate and disclose
• Our IFRS compliance verification (§2.5, §10.21, §23 checks) is a check, not a guarantee — final responsibility is yours

Disclaimer: THE ACCOUNTANTS does not constitute financial statement audit or independent review. A qualified accountant must attest to all AFS before client distribution. You, not THE ACCOUNTANTS, warrant the accuracy and compliance of published statements.

12. THIRD-PARTY SERVICES & INTEGRATIONS

THE ACCOUNTANTS may integrate with third-party services (e.g., file storage, payment processing). Your use of these integrations is subject to their terms of service. We are not responsible for:

• Third-party service outages or failures
• Third-party data breaches or security issues
• Changes to third-party terms or pricing

Sub-processors (Data Handlers): Books Xperts (Pty) Ltd uses the following sub-processors:

• Railway (US-based hosting provider)
• DigitalOcean Spaces (US-based storage)
• SendGrid (US-based email service)
• Anthropic (US-based AI provider) [if AI features used]

All sub-processors comply with POPIA §72 (lawful transfer of data outside South Africa).

13. FEES & PAYMENT

Subscription Pricing:

• Fixed price per firm with unlimited clients — add clients at no additional cost per seat
• Billing: Monthly (auto-renew) or Annual (discounted)
• Payment: Credit card via [PAYMENT PROCESSOR] or EFT

Failed Payments:

• If payment fails, we'll retry within 7 days
• If payment continues to fail, we reserve the right to suspend your account
• Late fees or interest charges are not applied; service is simply suspended

Refund Policy:

• No refunds for partial months (unless explicitly stated)
• Annual subscriptions may be refunded pro-rata within 30 days of purchase (less transaction fees)

Price Changes:

• We may change pricing with 30 days' notice
• Your current plan price is locked for the duration of your subscription term
• Price changes apply to renewal; you'll receive notice before renewal

14. GOVERNING LAW & DISPUTE RESOLUTION

Governing Law: These Terms are governed by the laws of South Africa (Western Cape), without regard to conflict of laws principles.

Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts of South Africa for any disputes arising from these Terms.

Dispute Resolution Process:

1. Informal Notice — Notify Books Xperts (Pty) Ltd via email to supports@booksxperts.co.za of the dispute
2. Good Faith Negotiation — We'll respond within 14 days and attempt to resolve
3. Escalation — If unresolved after 30 days, either party may pursue legal action in the courts of South Africa

Waiver of Class Action: You agree to pursue claims individually, not as part of a class action or collective action.

15. MODIFICATIONS TO TERMS

Books Xperts (Pty) Ltd may modify these Terms at any time. Changes are effective upon posting to THE ACCOUNTANTS or via email notification. Your continued use of the Service constitutes acceptance of updated Terms.

Material Changes (e.g., pricing, liability, AFS responsibilities) will be notified via email at least 30 days before taking effect.

16. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision is severed, and the remaining Terms continue in full force and effect.

17. CONTACT & SUPPORT

Questions about these Terms?

Contact Type	Method	Email
General Support	Email	supports@booksxperts.co.za
Legal / Compliance	Email	info@booksxperts.co.za
Data Subject Rights	Email	info@booksxperts.co.za
Billing Issues	Email	[billing@email]
Call (Office)	Phone	+27 87 012 6784
WhatsApp	Direct Message	+27 79 199 6369

Mailing Address:
Books Xperts (Pty) Ltd
[INSERT PHYSICAL ADDRESS]
Johannesburg, South Africa

Information Officer (POPIA §55):
[NAME]
Email: [IO-EMAIL]