Terms of Service

1.1 These Terms of Service (“Terms”) are a binding agreement between you (“Venue”, “you”, “your”) and Positack (Pty) Ltd (“PosiTack”, “we”, “us”, “our”).

1.3 These Terms cover your use of the PosiTack platform: the web back office, the point-of-sale, kitchen display, payroll, time-and-attendance, accommodation, loyalty, QR ordering and other applications, the PosiTack Server Service software that connects hardware on your premises, and our website (together the “Service”).

1.4 Our Privacy Policy, Refund and Cancellation Policy, Cookie Notice and Schedule 1 (POPIA Operator Terms) form part of these Terms. If they conflict with these Terms, these Terms apply, except that Schedule 1 applies to the processing of personal information.

1.5 Developers who use our developer portal or WordPress plugin are also bound by the Developer Terms.

1.6 Your customers (diners, guests) and your staff are not parties to these Terms. Their relationship is with you. When they use QR ordering, bookings or clock-in features, they use them as your customers or employees, on your terms and under your privacy notice.

2.1 “Business day” means any day other than a Saturday, Sunday or South African public holiday.

2.2 “CPA” means the Consumer Protection Act 68 of 2008. “CPA Consumer” means a Venue to which the CPA applies: a natural person, or a juristic person whose asset value and annual turnover are both below the threshold determined under section 6 of the CPA (R2 million at the date of these Terms). A juristic person whose asset value or annual turnover equals or exceeds that threshold is not a CPA Consumer.

2.3 “Fees” means the subscription fees and any other charges for the Service shown on our pricing page or agreed with you in writing.

2.4 “Gateway” means a third-party payment service provider through which your customers pay you (for example PayFast, Ozow, Transaction Junction, Yoco, Halo Dot, AddPay/PayCloud or Standard Bank’s PAX terminals), or through which you pay us.

2.5 “Hardware” means any device you use with the Service: tills, tablets, printers, scales, card terminals, clocking terminals, routers and the computers on which you install our software.

2.6 “POPIA” means the Protection of Personal Information Act 4 of 2013.

2.7 “Users” means you and every person you allow to use the Service under your account, including staff, managers, accountants and developers.

2.8 “Venue Data” means all information you and your Users enter into, upload to or generate in the Service, including menus, sales, stock, bookings, customer and loyalty records, payroll and HR records, clocking records and documents.

2.9 Headings are for convenience only. “Including” means “including without limitation”. Singular includes plural and vice versa.

3.1 What the Service is. PosiTack is cloud software for hospitality and retail businesses. Depending on your plan it includes:

3.2 Features vary by plan and by what you switch on. We may add, change, retire or move features between plans. We give at least 30 days’ notice before removing a feature you are paying for, unless the change is needed urgently for security or legal reasons.

3.7 Third-party services. The Service links to services we do not control: Gateways, WhatsApp (Meta), QuickBooks (Intuit), Cloudflare Workers AI and Anthropic (invoice scanning), your email server, your internet provider, Cloudflare (which protects our website) and our hosting provider. Your use of those services is governed by their terms. We are not responsible for their availability, accuracy, fees or conduct.

3.8 Hardware and on-site software. Hardware is yours to buy, configure, insure and maintain. We publish a list of supported devices; a device not on the list may not work. The PosiTack Server Service and our native apps are provided under the same “as is” terms as the rest of the Service (clause 15).

4.1 Who may sign up. You must be at least 18 years old, operate a lawful business, and have authority to bind that business to these Terms. If you sign up on behalf of a company, close corporation, trust or partnership, you confirm you are authorised to do so.

4.2 Accurate details. You must give true, current and complete details when you register and keep them up to date, including the email address we send notices to. You confirm whether you are a CPA Consumer when asked; we rely on your answer.

4.3 Security of your account. You are responsible for every action taken under your account and your Users’ logins, whether or not you authorised it, until you tell us at support@positack.co.za that a login has been compromised and we have had a reasonable time to act. Keep passwords and staff PINs private, remove Users who leave, and use the access-control (roles and permissions) features we provide.

4.4 Your Users. You must make sure every User complies with these Terms. A breach by a User is a breach by you.

4.5 Platform administrators. We may access your account to provide support, investigate a breach of these Terms, fix a fault or comply with the law. Access through our admin console is logged. Schedule 1 governs how we treat personal information when we do so.

5.1 New accounts get a free trial of the length shown at sign-up (currently 30 days). During the trial you have full access to the features of the plan you selected.

5.2 No card, no charge. We do not ask for a card to start a trial and we take no payment during it.

5.3 What happens when the trial ends. We invoice you for your first subscription period. If the invoice is not paid within 48 hours after the trial ends, the account is suspended automatically. The longer grace period in clause 6.6 is for paying subscribers and does not apply to a trial, except that if you have told us under Billing that you paid by EFT and we have not yet confirmed the money, we wait up to 14 days after the trial ends before suspending. We may agree to give you more time to pay; if we do, we tell you the new date and suspension waits until then. We send reminders, but suspension does not depend on you receiving them. While suspended you can sign in only to pay, view invoices and contact support; the rest of the Service, including self-service export, stops working until payment is received. We charge a card automatically only if a card is saved on your account for automatic payment (clause 6.3).

5.4 Trial data. Data entered during the trial is kept if you subscribe. If you do not subscribe (the invoice for your first period is still unpaid), the account is cancelled automatically 10 days after the trial ends. That cancellation is termination and clause 20.6 applies: you may ask for an export until 30 days after termination, and the data is deleted or de-identified within 90 days after termination, except the records listed in clause 20.6(d).

5.5 One trial per business. We may refuse or end a trial if it is being used to avoid paying, to test our security, or for anything other than evaluating the Service for a genuine business.

6.1 Prices. Fees are shown on our pricing page in South African Rand and include VAT at the current rate. Prices shown when you subscribe apply. We may offer different prices to different regions or plans.

6.2 Billing periods. Subscriptions are billed in advance, monthly, unless you choose an annual plan. A renewal invoice is issued shortly before the current period ends.

6.3 How you pay. By the payment methods offered in your account: currently card payment through our Gateway (Yoco), or EFT to our bank account as shown on the invoice. Where a card is saved on your account for automatic payment, you authorise us and our Gateway to charge that card for each period’s Fees, any usage-based charges shown on your invoice, and any amount you owe under clause 6.6. You may switch automatic payment off at any time under Billing in your account; cancelling your subscription also switches it off.

6.4 Invoices. We issue tax invoices electronically to your billing email address and in your account. Invoices are due on the date shown on them.

6.5 Fees for extras. Some features carry additional charges shown on the pricing page or agreed with you in writing, for example additional branches or tills, WhatsApp messages sent through the Service (when this feature is available), AI invoice scanning above the included quota, and card-terminal rentals from a Gateway. Gateway transaction fees are set by the Gateway and are between you and the Gateway.

6.7 Disputed invoices. Tell accounts@positack.co.za within 14 days of the invoice date if you believe an invoice is wrong. We will correct genuine errors. You must still pay the undisputed part on time.

6.8 Price changes. We may change Fees. We will give you at least 30 days’ notice by email before an increase takes effect. The new price applies from your first billing period after the notice period. If you do not accept the increase, you may cancel before it takes effect and clause 20.2 applies. Decreases can take effect immediately.

6.9 Taxes. If you are outside South Africa and local law requires you to withhold tax or pay a local tax on our Fees, that is for your account; you must pay us the full invoiced amount.

7.1 Refunds are governed by our Refund and Cancellation Policy, which forms part of these Terms.

7.2 Cooling-off for individuals (ECT Act section 44). If you are a natural person (for example a sole proprietor), the law gives you 7 days after concluding an electronic agreement for services to cancel without reason, unless the service began, with your consent, before those 7 days ended (ECT Act section 42(2)(d)). These Terms are concluded when you create your account (clause 20.1) and the Service starts immediately. At sign-up we therefore ask you to confirm: “I want the Service, including any paid period after the trial, to start immediately. I understand that the 7-day cooling-off right under section 44 of the ECT Act therefore does not apply.” In any event, the 7 days run from sign-up and fall within the free trial, during which nothing is charged.

7.3 Cooling-off for direct-marketing sales (CPA section 16). If you are a CPA Consumer and your subscription resulted from direct marketing by us (which we do not currently do), you may cancel within 5 business days after concluding the agreement and receive a full refund within 15 business days.

7.4 Nothing in these Terms takes away a right the CPA or the ECT Act gives you that cannot be excluded by agreement.

8.1 Your business is yours. You are responsible for how you run your venue, the products and services you sell, the prices you charge, your compliance with liquor, health, tax, labour, consumer and other laws, and your relationships with your customers, staff and suppliers. The Service records what you and your Users tell it; it does not run your business for you.

8.2 Venue Data. You are responsible for the accuracy, completeness, legality and quality of Venue Data. You warrant that you have the right to enter it into the Service and that doing so breaks no law and infringes no one’s rights.

8.3 Personal information — you are the responsible party. Under POPIA you are the “responsible party” for the personal information of your staff, customers, guests and suppliers that you put into the Service; we are your “operator” and act only on your instructions (Schedule 1). You must:

8.4 Biometric clocking. Fingerprint templates are “special personal information” under POPIA. Before you enrol any employee on a biometric clocking terminal you must obtain that employee’s written, informed consent (or confirm with your own adviser that another lawful ground applies), offer a non-biometric alternative (card or PIN) to anyone who declines, and keep the consent record. We provide a template consent form for convenience; using it does not make us responsible for your compliance.

8.6 Keep your own records and exports. You must export and keep, outside the Service, every record the law requires you to keep (tax records: 5 years; employee and payroll records: at least 3 years under the Basic Conditions of Employment Act and 5 years for tax purposes; accounting records: 7 years under the Companies Act) and any record you would need if the Service were unavailable. Export tools are provided in the back office and work only while your account is active (not while it is suspended or after termination). We are not liable for records you did not export before suspension, termination or deletion under these Terms.

8.7 Hardware, internet and power. You must provide and maintain suitable Hardware, a stable internet connection and electricity. The Service needs internet to work; where an offline mode exists it is limited and you must reconnect to sync. You must keep the PC running the PosiTack Server Service switched on, updated, and free of malware, and keep your devices’ operating systems supported by their manufacturers.

8.8 Security on your side. You must keep passwords, PINs and API keys confidential, use the roles and permissions features so Users see only what they need, sign out unattended devices, and tell us promptly at support@positack.co.za if you suspect unauthorised access.

8.9 Direct marketing you send. If you use the Service to send marketing (for example email, push notifications, or WhatsApp when that feature is available) to your customers, you are the direct marketer. You must have each recipient’s prior opt-in consent as POPIA and its Regulations require (or a lawful existing-customer basis), give an opt-out in every message, honour opt-outs, register with the National Consumer Commission’s opt-out registry and screen your lists against it before sending, identify your business in every message, and keep records. We may suspend messaging features if we receive complaints or if a provider (for example Meta) suspends your account.

8.10 AI invoice scanning. When you scan a supplier invoice or till slip, the image is sent to Cloudflare (Workers AI) or Anthropic (Claude) to extract line items; either may process it outside South Africa, including in the United States. You confirm you may share those documents, you will not upload documents containing personal information beyond ordinary business invoice details, and you will check the extracted figures before using them. The extraction is an aid, not a bookkeeping service.

8.11 Compliance with law. You must use the Service only for lawful purposes and comply with all laws that apply to your business, including the CPA in your dealings with your customers (for example reasonable deposits and cancellation charges for bookings), the Liquor Act, the National Credit Act if you offer credit, and tax law.

8.12 Your customers’ orders and bookings. Orders, bookings, deposits, refunds, cancellations and complaints by your customers are between you and them. We are not a party to those transactions and you must resolve them.

9.1 To accept card or instant-EFT payments you must open your own account with a Gateway and accept its terms. We connect the Service to the Gateway so that a sale at your till or online can be paid. We do not receive, hold or settle those funds.

9.2 What the Gateway is responsible for, and we are not: authorising or declining a payment; the time and amount of settlement into your bank account; Gateway fees, rolling reserves and holds; chargebacks, disputes and fraud losses; terminal supply, repair and firmware; compliance of the Gateway’s systems with card-scheme rules; and any outage of the Gateway.

9.3 What we are responsible for: transmitting the sale amount to the Gateway, recording the Gateway’s response in the Service, and providing reasonable support to help you reconcile. If the Gateway’s response is delayed or not received, the Service may show the sale as unpaid or pending; you must check the Gateway’s own portal before treating a payment as final or refunding a customer.

9.4 Card data. We do not store card numbers. Card details are entered on the Gateway’s terminal or hosted page. Where the Service’s payment features are within scope of the Payment Card Industry Data Security Standard, you must comply with it to the extent it applies to you (for example protecting terminals and not writing down card numbers).

9.5 Paying us. Your card payments to us are processed by our Gateway, Yoco, on its hosted payment page. Its terms apply to that payment. We are not responsible for your bank’s or the Gateway’s charges or processing times.

9.6 Chargebacks against us. If you raise a chargeback on a subscription payment without first contacting accounts@positack.co.za, we may suspend your account until the matter is resolved and recover the chargeback fee from you.

10.1 As available. We provide the Service on an “as available” basis. We work to keep it running 24 hours a day but we do not guarantee that it will be uninterrupted, error-free, or available at any particular time.

10.2 Planned maintenance. We may take the Service offline for maintenance. We will try to schedule it outside South African trading hours and to give at least 24 hours’ notice in the back office or by email, except for urgent security fixes.

10.3 Things outside our control. The Service depends on your internet, electricity (including load-shedding), your Hardware, Cloudflare, our hosting provider, Gateways and other third parties. We are not responsible for unavailability caused by any of them, or by an event under clause 19.

10.4 Your only remedy for downtime. If the Service is unavailable to your business for more than 24 consecutive hours because of a fault within our control, you may request a credit of one-thirtieth of the monthly subscription Fee for each full 24-hour period of unavailability, applied to your next invoice. If you are a CPA Consumer and have no further invoice, we pay the credit to you as a refund. Requests must reach support@positack.co.za within 30 days of the outage. Credits are capped at one month’s Fee in any 12 months. This credit is your sole remedy for unavailability, except for rights a CPA Consumer has under section 54 of the CPA that cannot be excluded.

10.5 Support. We provide support by email at support@positack.co.za and through the in-app support tools. Support is given in English during South African business hours (Monday to Friday 08:00–17:00, excluding public holidays). We aim to acknowledge requests within one business day. Support does not include training your staff, configuring your Hardware or network, bookkeeping, or fixing third-party services, unless we agree in writing (which may carry a charge).

10.6 Updates. We update the Service continuously. Web applications update automatically. You must install updates to native apps and the Server Service within a reasonable time; we may stop supporting versions older than 6 months.

10.7 Beta features. Features marked beta, preview or experimental may change or be withdrawn without notice and are excluded from clause 10.4.

11.1 You own Venue Data. As between you and us, you own all Venue Data.

11.2 Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display and process Venue Data only as needed to provide, secure, support and improve the Service, to comply with law, and as Schedule 1 allows.

11.3 Aggregated statistics. We may create and use statistics that are aggregated and de-identified so that neither you nor any person can be identified from them (for example average order values across all venues). We do not sell Venue Data and we do not use personal information in Venue Data to train artificial-intelligence models.

11.4 Personal information. Schedule 1 (POPIA Operator Terms) governs personal information in Venue Data. Our Privacy Policy explains how we handle personal information for which we are the responsible party.

11.5 Export. While your account is active you can export Venue Data from the back office in commonly used formats (for example CSV, PDF). If you need a full export we cannot provide through self-service tools, ask support@positack.co.za; we may charge a reasonable fee for work beyond one business day. Self-service export is not available while your account is suspended or after termination; clause 20.6(c) then applies.

11.6 Deletion. After termination clause 20.6 applies. While you subscribe, you may delete records yourself where the Service allows; some records (for example completed sales and payroll runs) cannot be deleted because you are required by law to keep them, but you can close your account.

11.8 Legal requests. We may disclose Venue Data if required by law, a court order or a regulator, and will tell you unless the law forbids it.

12.1 The Service, its software, designs, documentation, trade marks and content (excluding Venue Data) are owned by or licensed to PosiTack and are protected by South African and international law. Nothing in these Terms transfers any of it to you.

12.2 Your licence. For as long as you subscribe and comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own business at the branches covered by your plan.

12.3 Restrictions. You may not copy, modify, adapt, translate, reverse engineer, decompile or create derivative works of the Service; sublicense, rent, resell or provide it to a third party; remove any proprietary notice; use our trade marks without written permission; or use the Service to build a competing product.

12.4 Open-source components. The WordPress plugin is licensed under the GNU GPL version 2 or later. Other open-source components are subject to their own licences, listed in the software.

12.5 Feedback. If you give us ideas or suggestions we may use them without payment or restriction.

13.1 You must not use the Service to:

13.2 We may suspend or restrict access immediately, without prior notice, if we reasonably believe there is a breach of this clause, a security risk, or a legal requirement, and will tell you as soon as we reasonably can.

14.1 Each party must keep the other’s non-public information confidential, use it only for these Terms, and protect it with reasonable care. This does not apply to information that is public through no fault of the recipient, already lawfully known to it, independently developed, or that the law requires it to disclose (in which case it tells the other party if allowed).

14.2 Our confidentiality duties for personal information are in Schedule 1. This clause survives for 3 years after termination; for personal information, for as long as we hold it.

15.4 CPA Consumers. If you are a CPA Consumer, you have the right under section 54 of the CPA to service performed in a manner and quality that persons are generally entitled to expect, and to a remedy (to have the defect remedied or a reasonable portion of the price refunded) where that standard is not met. Nothing in clause 15 removes that right; clause 10.4 sets out how we give effect to it for unavailability.

19.1 Neither party is liable for failing to perform (other than a payment obligation) to the extent the failure is caused by an event beyond its reasonable control, including: electricity supply failures and load-shedding; failure of internet, telecommunications, Cloudflare, hosting or data-centre providers; Gateway or bank outages; cyber-attacks or malicious acts of third parties that occur despite reasonable security measures; fire, flood, storm, pandemic, epidemic or public-health orders; strike or labour action (other than by the affected party’s own staff); riot, civil unrest, war or terrorism; acts of government, court orders or changes in law; and failure of a supplier caused by any of these.

19.2 The affected party must tell the other as soon as practicable, take reasonable steps to limit the effect, and resume performance as soon as it can. If an event prevents the Service from working for more than 30 consecutive days, either party may terminate on written notice and we will refund unused prepaid Fees for the period after termination.

20.1 Term. These Terms start when you create an account and continue until your account is terminated under this clause. Monthly subscriptions renew monthly until cancelled. An annual plan does not renew for another fixed term; when it ends it continues month to month unless you choose a new annual plan.

20.2 Cancellation by you. You may cancel at any time in your account settings or by email to accounts@positack.co.za. Cancellation takes effect at the end of the billing period already paid for; you keep access until then and no further Fees are charged. No refund is made for the unused part of a paid period, except as the Refund and Cancellation Policy or the law requires. For an annual plan the Refund and Cancellation Policy sets out what applies, including the rights of CPA Consumers who are natural persons under section 14 of the CPA.

20.3 Termination by us for cause. We may suspend or terminate the Service on written notice if you: fail to pay and remain unpaid 30 days after suspension under clause 6.6; materially breach these Terms and do not fix the breach within 10 business days of written notice (or immediately if the breach cannot be fixed or involves clause 13); become insolvent, are placed under business rescue or liquidation, or stop trading; or use the Service in a way that exposes us to legal liability or harms other venues.

20.4 Termination by us for convenience. We may terminate on at least 30 days’ written notice for any reason, in which case we refund the unused part of any prepaid Fees for the period after termination.

20.5 Ending the Service. If we stop offering the Service altogether we will give at least 90 days’ notice and refund unused prepaid Fees.

20.7 Survival. Clauses 6 (amounts owed), 8.5, 8.6, 11, 12, 14, 15, 16, 17, 18, 20.6, 21 and 23, and Schedule 1 clause 10, survive termination.

21.1 South African law governs these Terms and every dispute connected with them, regardless of where you are.

21.2 Talk to us first. Before starting proceedings, write to legal@positack.co.za describing the dispute. We will respond within 10 business days and both parties will try in good faith to resolve it within 30 days.

21.3 Mediation (optional). If the dispute is not resolved, either party may propose mediation by a mediator agreed between us; costs shared equally. Neither party is obliged to mediate.

21.4 Courts. If the dispute is not resolved, either party may bring it before the courts of South Africa. Each party consents under section 45 of the Magistrates’ Courts Act 32 of 1944 to the jurisdiction of the Magistrates’ Court for the district of East London for any claim arising from these Terms, even if the amount would otherwise exceed that court’s jurisdiction, without limiting either party’s right to approach the High Court of South Africa, Eastern Cape Division.

21.5 CPA Consumers keep every right to approach the National Consumer Commission, the Consumer Goods and Services Ombud, the National Consumer Tribunal or a court under the CPA. Nothing in this clause limits those rights.

21.6 Urgent relief. Either party may approach a court at any time for urgent or interim relief, including to protect intellectual property or confidential information.

21.7 Language. These Terms and all notices are in English.

22.1 We may change these Terms. For material changes (including any change to clauses 6, 8, 9, 10, 16, 17, 18, 20 or 21, or to Schedule 1) we will email you and show a notice in the back office at least 30 days before the change takes effect, and we will ask you to accept the new version when you next sign in. If you do not accept, you may cancel under clause 20.2 before the effective date, and the old version applies until then. Continuing to use the Service after the effective date is acceptance.

22.2 Non-material changes (for example clarifications, contact details, added features) take effect when published, with the date updated at the top of the page.

22.3 Every version is dated and archived. Ask legal@positack.co.za for the version you accepted.

23.1 Entire agreement. These Terms, with the documents in clause 1.4 and your plan details at sign-up, are the entire agreement between us about the Service and replace all earlier discussions. Nobody is authorised to vary them or make promises on our behalf except in writing signed by our director.

23.2 Assignment. You may not transfer these Terms or your account without our written consent (not unreasonably withheld for a sale of your business). We may transfer them to a buyer of our business or a company in our group on notice to you.

23.3 Severability. If any part of these Terms is unenforceable it is to be read down to the extent needed to make it enforceable, or severed, and the rest remains in force.

23.4 No waiver. A delay or failure to enforce a right is not a waiver of it.

23.5 Relationship. We are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship, and we do not act as your agent for any payment or filing.

23.6 No third-party beneficiaries. Only you and we may enforce these Terms, except that our director, employees and contractors may rely on clauses 16 and 17.

23.7 Notices. Notices to you go to the email address on your account and are treated as received on the next business day after sending. Notices to us go to legal@positack.co.za (with a copy by post to our physical address for formal legal notices) and are treated as received on the next business day after they are sent to that address. Our physical address in clause 1.2 is our address for service of legal process.

23.8 Electronic contracting. These Terms are concluded electronically. Your electronic acceptance is a valid signature under the ECT Act.

23.9 Marketing. We do not send you marketing unless you have opted in. Service messages (invoices, outage notices, security and legal notices) are not marketing and you cannot opt out of them while you have an account.