1. Acceptance of Terms

These Terms of Service ("Terms") are entered into between FusionSys Technologies (Pty) Ltd, a company incorporated in the Republic of South Africa, trading as Surveyz ("we", "us", "our"), and you, the user. By accessing or using the Surveyz platform ("Service", "Platform"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all users including individuals, organisations, and companies.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.

Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

2. Our Services

We specialise in building secure, robust, and scalable business solutions. Our services include maintaining and supporting legacy applications, modernising existing systems, designing and implementing APIs, systems integration, document processing solutions, and cloud-based architectures, as well as related technical consulting, implementation, and support services (“Services”).

Our approach is practical and results-driven, with a focus on performance, reliability, and long-term value. We work closely with clients to simplify complexity, automate processes, and develop systems that support growth and operational efficiency.

Service Disclaimer:

No Professional Advice. Any information, guidance, recommendations, templates, outputs, or assistance we provide (including in relation to system architecture, security, integrations, compliance, or data processing) is general in nature and does not constitute legal, financial, tax, medical, or other professional advice. You are responsible for obtaining independent professional advice where required and for ensuring that your use of the Services complies with applicable laws (including POPIA and any sector-specific regulations).

Client Responsibilities and Assumptions. You are responsible for defining your requirements, reviewing and approving deliverables, and testing outputs before deployment and use. You must provide timely access to personnel, information, systems, and environments reasonably required for us to perform the Services. We are not responsible for delays, defects, or failures caused by incomplete or inaccurate instructions, late feedback, third-party actions, or changes to your requirements.

Third-Party Products and Dependencies. The Services may depend on, integrate with, or be affected by third-party platforms, hosting providers, payment processors, APIs, software libraries, telecommunications networks, and other services not controlled by us. We do not warrant the availability, performance, security, or continued operation of any third-party service, and we are not liable for any interruption, loss, or damage caused by third-party services or changes to them.

Security and Vulnerabilities. While we apply commercially reasonable measures to build and maintain secure systems, no system can be guaranteed to be completely secure. We do not guarantee that the Services, or any deliverable, will be free from vulnerabilities, malicious code, or unauthorised access. You are responsible for implementing appropriate internal controls, access management, backups, monitoring, and security policies, and for promptly applying updates, patches, and configuration changes recommended by us.

Data, Content, and Backups. You remain responsible for the accuracy, lawfulness, and quality of any data, content, and instructions you provide, and for maintaining appropriate backups of your data unless you have expressly contracted with us in writing to provide backup or disaster recovery services.

Estimates and Forward-Looking Statements. Any timelines, delivery dates, cost estimates, performance projections, or statements about expected outcomes are good-faith estimates only and are not guarantees, unless expressly agreed in writing.

Beta and Experimental Features. Where we make beta, preview, or experimental features available, you acknowledge that such features may be incomplete, may change, and may contain errors. Use of beta or experimental features is at your own risk and may be discontinued at any time.

Limitation Where Prohibited. Nothing in this disclaimer excludes any condition, warranty, or liability that cannot lawfully be excluded or limited under applicable law.

3. Account Registration

To access the full functionality of the Platform, you must create an account. There is no cost or fee when creating an account.

When you create your account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information as necessary
• Keep your password confidential and not share access with unauthorised parties
• Notify us immediately of any unauthorised use of your account
• Be responsible for all activity that occurs under your account

You must be at least 18 years of age to create an account. Accounts created by minors require parental or guardian consent.

Warranty: By sharing your personal information with us, you warrant that the person using the Platform is you or you have the authority to act on behalf of a juristic entity. You are responsible for the information you provide, and all the actions taken on the Platform. Please see our Privacy Policy for more details on how we use and processes personal information.

Unlawful Access: Please let us know if you have reason to believe that your profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorized charges to your account.

4. Subscriptions & Billing

Trial Period

New accounts may be eligible for a 14-day free trial. No credit card is required during the trial. At the end of the trial, you must subscribe to a paid plan to continue using the Service.

Paid Plans

Paid subscriptions are billed in South African Rand (ZAR) on a monthly or annual basis (dependent on the plan you choose).

All prices are inclusive of applicable VAT where required by law. You can access our plans on our website.

All payments are processed via a third party payment service provider.

Renewals

Unless you cancel your subscription in accordance with these Terms before the end of your then-current billing period, your subscription will automatically renew for successive periods of the same duration (monthly or annual, as applicable).

On renewal, you authorise us (or our third-party payment service provider) to charge the applicable subscription fees and any applicable taxes (including VAT) for the renewal period using the payment method on file, unless you have updated or removed it.

If we are unable to successfully process payment for a renewal, we may (without limiting any other rights) suspend or restrict your access to the Service until payment is received.

Any cancellation to prevent renewal must be received by us before the renewal date; otherwise, the subscription will renew and the fees for the renewed period will remain payable. Price changes (if any) will apply to renewals in accordance with the “Price Changes” section.

Plan Downgrades

You may request to downgrade your subscription to a lower plan at any time through the Platform (if available) or by giving us written notice. Unless we expressly agree otherwise in writing, any downgrade will take effect at the end of your then-current billing period, and you will continue to have access to the features of your existing plan until the downgrade takes effect. Downgrades do not entitle you to any refund, credit, or pro-rata adjustment for any fees already paid for the then-current billing period, except where required by applicable South African law.

Upon a downgrade taking effect, your access to features, limits, storage, usage allowances, integrations, and support (if any) will change to those applicable to the lower plan. If, at the time the downgrade takes effect (or thereafter), your account usage, data volumes, number of users/seats, surveys, responses, storage, or other usage metrics exceed the limits of the lower plan, we may (without limiting any other rights) require you to reduce usage to within the lower plan limits within a reasonable period, restrict or suspend the relevant functionality, or require you to upgrade to an appropriate plan. You acknowledge that certain features may be disabled on downgrade and that this may affect functionality, configurations, or access to historical data views, but we will not delete your data solely due to a downgrade; data retention and deletion are handled in accordance with the “Your Data” section.

Any additional services, add-ons, usage-based charges, third-party fees, or once-off fees (if applicable) will remain payable notwithstanding a downgrade, and we may continue to charge such amounts in accordance with these Terms and the pricing applicable from time to time.

Cancellation & Refunds

You may cancel your subscription at any time by providing written notice to us (including by email, if we make an email address available for cancellations). Cancellation will take effect at the end of your then-current billing period, and you will retain access to the Service until that time. Except where required by applicable South African law, we do not provide refunds or credits for any partial billing period or any unused portion of a subscription.

Price Changes

We may change our pricing from time to time by giving you at least 30 days’ written notice (for example, by email or through the Platform). Unless you cancel your subscription before the change takes effect, continued use of the Service after the effective date constitutes acceptance of the updated pricing.

5. Acceptable Use

You agree not to use the Service to:

• Collect personal information without appropriate consent or in violation of POPIA;
• Send spam, unsolicited communications, or deceptive surveys;
• Upload or transmit malicious code, viruses, or harmful content;
• Violate any applicable local, national, or international law or regulation;
• Impersonate any person, organisation, or entity;
• Harvest or scrape data from the Platform without our written consent;
• Interfere with, disrupt, overload, or attempt to impair the normal operation of the Platform (including by using automated scripts or excessive requests) without our written consent;
• Attempt to gain unauthorised access to any part of the Platform or its systems; and
• Conduct surveys that are discriminatory, harassing, or harmful to respondents.

We may suspend, restrict, or terminate your access to the Service if we reasonably believe you have violated these provisions. Where practicable, we will provide notice and an opportunity to remedy the violation, but we may act immediately and without notice where necessary to protect the Service, other users, or third parties, or to comply with applicable law.

6. Intellectual Property

The Surveyz platform, including its design, software, code, branding, and features (and all related intellectual property rights), is owned by FusionSys Technologies (Pty) Ltd t/a Surveyz and is protected by applicable intellectual property laws. As between you and us, you retain ownership of the survey content, questions, and response data you create or upload to the Service.

By using the Service, you grant Surveyz a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit, and display your content solely as necessary to provide, operate, maintain, and improve the Service and to comply with applicable law.

We do not sell your survey content, and we will not disclose it to third parties except as required to provide the Service (for example, to our hosting and infrastructure providers under confidentiality obligations), with your instructions or consent, or as required by law.

7. Your Data

You own your survey data and response data. You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, process, transmit, and display your data solely to provide, operate, maintain, secure, and support the Service, to prevent or address technical or security issues, and to comply with applicable law.

You are responsible for (and warrant that you have) all necessary rights, permissions, and consents to collect, use, and share any personal information included in your surveys and responses and to provide that information to us for processing. We act as a data processor/operator on your behalf. Our collection and use of personal information is governed by our Privacy Policy and POPIA Compliance Notice.

Upon account termination, you may export your data. We will retain your data for 30 days after termination before permanent deletion, unless a longer retention period is required by law.

Surveyz may generate, compile and use aggregated, anonymised and de-identified data derived from the Customer’s and Respondents’ use of the Services for legitimate business purposes, including analytics, reporting, security, service improvement, product development, benchmarking and statistical analysis, provided that such data does not identify, and cannot reasonably be used to identify, the Customer, any Respondent or any other individual (and includes only data that has been aggregated and de-identified such that it is not reasonably capable of re-identification). Surveyz will not attempt to re-identify any such data, or permit any third party to do so, and shall not disclose such aggregated, anonymised or de-identified data in a manner that identifies (or could reasonably be used to identify) the Customer, any Respondent, any individual, or any Personal Information.

8. Responsibilities and Warranties

Platform Warranties: by using the Platform and/or the Services, you warrant that -

• you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
• you have not made any misrepresentations and the information provided in the registration process about you, is true, accurate and complete in every aspect;
• you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms. Where you are under the age of 18 you have the consent of your parent or guardian to use the Platform/Services who understands that they will be responsible for all your actions on the Platform and any associated expenses;
• you lawfully possess and submit all information to the Company for the use of the Platform and the Services and hereby indemnify the Company against any third-party claims that may arise due to the processing of the information shared by you with the Company;
• you will not post, upload, replicate, or transmit any content through the Platform that is (or could reasonably be considered to be) unlawful, threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, misleading, or otherwise harmful, or that breaches confidentiality or privacy, or that restricts any other user from properly using the Platform or Services;
• you will not share any confidential information or sensitive personal information (including banking or payment card information) through the Platform unless strictly necessary for your lawful use of the Service and you have implemented appropriate safeguards;
• you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
• you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
• you will not use the Platform for any commercial purpose other than as expressly provided for by the Company herein;
• you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
• you will not facilitate or assist any third party to do any of the above;
• you acknowledge that you are solely responsible for your surveys, content, and data (including any personal information you collect, upload, or process through the Platform) and for ensuring that your collection and use of such information complies with applicable law (including POPIA);
• you are responsible for ensuring you have a compatible device, required software, and a stable internet connection to access and use the Platform/Services;
• you will not use the Platform to promote or facilitate unlawful activity or to circumvent the Platform’s technical or access controls (including by directing respondents to provide personal information through insecure or unauthorised channels);
• where you upload a profile picture or other content, you have all necessary rights, consents, and permissions to do so and such content will not infringe any third-party rights or violate any applicable law;
• you understand that any analytics, insights, sentiment analysis, translations, or other outputs (including AI-generated outputs, if enabled) are provided for informational purposes only, may be incomplete or inaccurate, and must be independently reviewed and validated before you rely on them or share them with others;

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing the Company to manifest all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you.

Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.

Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform/Services where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

9. Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind.

To the maximum extent permitted by law, Surveyz shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, or data, arising out of or relating to these Terms or your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, we are not liable for any loss or damage arising from:

• any third-party services or integrations,
• unauthorised access to or alteration of your transmissions or data,
• interruption or unavailability of the Service, or
• any bugs, viruses, or the like transmitted through the Service, except to the extent caused by our gross negligence or wilful misconduct.

Nothing in these Terms limits or excludes liability to the extent it cannot be limited or excluded under applicable law, including liability for fraud, intentional misrepresentation, or wilful misconduct.

10. Indemnity

You indemnify and hold Surveyz harmless, its founders, contractors, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or transactions concluded through the Platform in any way.

You agree to indemnify, defend, and hold Survyez, its founders, contractors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your use of the Platform/Services or the breach of these Terms.

This clause will survive termination of these Terms, regardless of the reason for the termination.

11. Termination

Either party may terminate this agreement at any time.

In addition to our other rights in these Terms, we may restrict, suspend (including by making your profile/account inactive), and/or terminate your access to the Platform/Service if you breach these Terms, engage in fraudulent activity, if required by law, or for any other reason discretion.

However, we may act immediately and without notice where necessary to protect the Service, other users, or third parties, or to comply with the applicable law.

Any suspension or inactivation is not a deletion of your profile/account, and any reactivation (if any) requires administrative action by us in our sole discretion.

If you wish to terminate your agreement with us, you may do so by ending your subscription and/or ceasing use of the Platform. Termination will not affect any rights or obligations that accrued prior to termination or any provisions which by their nature are intended to survive termination.

Upon termination, your right to use the Service ceases, and we will disable your account; profile deletion and data handling will be addressed in accordance with the “Your Data” section (including any export and retention period).

12. Changes to Terms

We may update these Terms from time to time. We will notify registered users of material changes via email at least 14 days before they take effect. Continued use of the Service after the effective date of changes constitutes acceptance.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

14. Force Majeure

Surveyz shall not be liable for any delay or failure to perform any obligation under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemic or pandemic, load shedding or electricity supply failures beyond those managed by our hosting provider's infrastructure, civil unrest, labour disputes, acts of government or competent authority, internet infrastructure failures, denial-of-service attacks that exceed the capacity of our mitigation measures, or cyberattacks not attributable to our negligence.

We will notify you of a force majeure event as soon as practicable and will take commercially reasonable steps to mitigate its effect and restore the Service. If a force majeure event continues for more than 30 consecutive days, either party may terminate this agreement on written notice without penalty.

15. Service Availability

The Service is provided on a commercially reasonable “best efforts” basis. We do not guarantee any specific level of uptime, availability, performance, or response times, and we make no service-level commitments in these Terms.

The Service may be temporarily unavailable due to scheduled maintenance, updates, emergency maintenance, or circumstances beyond our reasonable control. Where reasonably practicable, we will endeavour to schedule disruptive maintenance outside peak hours and provide advance notice via email or the Platform status channel.

We are not liable for any loss or damage arising from any interruption, delay, or temporary unavailability of the Service, except to the extent such interruption, delay, or unavailability results directly from our gross negligence or wilful misconduct.

16. AI-Powered Features

The Service includes optional AI-powered features, including survey insight generation, sentiment analysis, and automated (machine) translation of surveys into other languages. Where enabled by you, these features are powered by third-party large language model providers (currently Anthropic, PBC) and may require us to transmit survey content and/or response data (which may include personal information) to those providers for processing in order to generate outputs.

You are responsible for ensuring you have all necessary rights, permissions, and consents (and, where applicable, a lawful basis under POPIA) to submit such data for AI processing, and you should not include special personal information (or other sensitive data) unless strictly necessary and you have obtained appropriate consent and implemented suitable safeguards. By enabling AI features, you acknowledge and agree that:

• AI outputs are generated probabilistically and may be incomplete, inaccurate, biased, or inconsistent — they must not be relied upon as professional, legal, medical, financial, or other regulated advice;
• Survey response data transmitted to AI services is processed in accordance with our Data Processing Addendum and the applicable third-party provider's terms;
• AI features are provided "as is" without any warranty of accuracy, reliability, or fitness for a particular purpose; and
• You are solely responsible for verifying any AI-generated output before acting on it or sharing it with others.

AI features are optional and are used only when you actively choose to run them on a specific survey; they are never applied automatically, and their availability depends on your subscription plan, and you are responsible for managing your account permissions and access controls to ensure only authorised users can use AI features.

17. Consumer Cooling-Off Rights (ECT Act §44)

If you are a consumer (as defined in the Consumer Protection Act 68 of 2008) and you concluded this agreement electronically with us in our capacity as a supplier, you have the right under section 44 of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") to cancel this agreement without reason and without penalty within seven (7) business days of the date on which you first accessed the Service under a paid subscription.

To exercise this cooling-off right, you must notify us in writing at [email protected] within the seven (7) business day period. If you validly cancel under this right, we will refund amounts you have paid for the subscription within 30 days after receiving your cancellation notice, less any amounts reasonably attributable to Services already provided or accessed prior to cancellation (to the extent permitted by applicable law).

This cooling-off right does not apply where:

• you have expressly agreed to the Services being supplied before the end of the cooling-off period and acknowledged that your cooling-off right will be lost; or
• section 44 of the ECT Act does not apply to this agreement for any other reason. Nothing in this clause limits any other cancellation or refund rights you may have under the Consumer Protection Act or other applicable law.

18. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or the Service, the parties agree to the following process:

1. Informal resolution: The party raising the dispute must first notify the other in writing at [email protected] with a clear description of the dispute and the relief sought. The parties will attempt to resolve the dispute in good faith within 30 calendar days of that notice.
2. Mediation: If the dispute is not resolved informally within 30 days, either party may refer it to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA). The costs of mediation shall be shared equally unless the mediator determines otherwise. Mediation is non-binding.
3. Litigation: If mediation fails or either party declines mediation, either party may pursue their legal remedies in the courts of the Republic of South Africa.

Nothing in this clause prevents either party from seeking urgent interdict or other emergency relief from a court of competent jurisdiction to protect its intellectual property, confidential information, or to prevent irreparable harm pending resolution of the underlying dispute.

19. General

These Terms (together with any policies or documents expressly incorporated by reference, including the Privacy Policy, POPIA Compliance Notice, and any Data Processing Addendum (if applicable)) constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, proposals, or communications (whether oral or written) relating to the Service.

Severability. If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

No Waiver. Any failure or delay by either party to exercise any right, power, or remedy under these Terms does not constitute a waiver of that right, power, or remedy. A waiver is only effective if given in writing and signed by the party granting the waiver.

Assignment. You may not cede, delegate, transfer, or assign any of your rights or obligations under these Terms without our prior written consent. We may cede, transfer, delegate, or assign our rights and obligations under these Terms (in whole or in part) to an affiliate or in connection with a merger, acquisition, corporate restructuring, or sale of assets, provided that this does not materially reduce your rights under these Terms.

Notices. Any notice required or permitted under these Terms must be given in writing. We may give you notice by email to the address associated with your account, through the Platform, or by posting a notice on the Platform. You may give us notice by email to [email protected] (or such other address as we may specify from time to time). Notices will be deemed received:

• if sent by email, when sent (unless the sender receives an automated delivery failure notice); and
• if provided through the Platform, when posted.

Interpretation. Headings are for convenience only and do not affect interpretation. References to “including” (and similar terms) mean “including without limitation”. References to “business days” are business days in the Republic of South Africa. Any reference to a law includes that law as amended, re-enacted, or replaced from time to time.

Third-Party Rights. Except as expressly stated in these Terms, no provision of these Terms is intended to confer any rights or benefits on any third party.

Survival. Any provision of these Terms which by its nature is intended to survive termination (including provisions relating to intellectual property, confidentiality (if applicable), limitation of liability, indemnities, dispute resolution, and governing law) will survive termination of these Terms.