These Terms of Service (“Terms”) govern access to and use of PodSync, including our website, web application, dashboards, driver-facing tools, delivery proof tools, document tools, notifications, APIs, integrations, support services, and related services (collectively, the “Service”).
PodSync is owned and operated by PvPower (Pty) Ltd, a business operating in the Republic of South Africa (“we”, “us”, “our”).
By creating an account, accessing the Service, using the Service, clicking “I agree”, or continuing to use the Service after these Terms are made available, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms or the Privacy Policy, you must not access or use the Service.
1. Who we are
- Legal entity: PvPower (Pty) Ltd
- Service / trading name: PodSync
- Website: https://www.podsync.co.za
- Physical address: Unit C, 16 Liebenberg Street, Alrode, Alberton, South Africa
- Email: info@podsync.co.za
- Information Officer / Privacy contact: PvPower (Pty) Ltd Information Officer – info@podsync.co.za
2. Acceptance and re-acceptance
You must accept these Terms and the Privacy Policy before using the Service. Acceptance may be recorded electronically.
If we update these Terms or the Privacy Policy, we may require you to accept the updated documents before you can continue using the Service.
We may record acceptance information, including the user account, company or organisation account, document version, date and time of acceptance, IP address, browser, device, and user agent.
3. Definitions
- “Account” means a registered user, company, organisation, workspace, administrator, driver, or customer account in the Service.
- “Customer” means the person, company, organisation, or business that subscribes to, registers for, or uses the Service.
- “User” means any person who accesses or uses the Service.
- “User Content” means information, files, documents, delivery records, invoices, delivery notes, customer records, recipient details, driver details, signatures, images, message templates, communication records, and other material submitted to or generated through the Service.
- “Personal Information” has the meaning given to it under the Protection of Personal Information Act, 2013 (“POPIA”).
- “Usage Data” means technical, diagnostic, analytical, operational, and usage-related data generated through use of the Service.
- “Aggregated Data” means aggregated, anonymised, statistical, or de-identified data that does not directly identify a specific person.
- “WhatsApp Data” means Personal Information and related records processed in connection with WhatsApp Business communications, including phone numbers, WhatsApp identifiers, message templates, message content, opt-in and opt-out records, delivery status, timestamps, and communication logs.
4. Eligibility and authority
You may use the Service only if you are legally able to enter into a binding agreement.
If you use the Service on behalf of a company, organisation, or other legal entity, you confirm that you are authorised to accept these Terms on behalf of that entity.
5. Account registration and security
You may need to create an Account to access certain features. You agree to provide accurate, complete, and current information.
You are responsible for keeping login details secure and confidential. You are responsible for activity under your Account unless caused by our proven fault.
You must notify us immediately if you suspect unauthorised access, misuse, credential loss, or a security incident.
6. Permitted use
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for lawful business purposes.
You agree not to:
- use the Service for unlawful, fraudulent, misleading, harmful, or abusive purposes;
- interfere with the security, availability, performance, or integrity of the Service;
- attempt to gain unauthorised access to any Account, system, network, data, or service;
- copy, modify, reverse engineer, decompile, disassemble, or attempt to extract source code, except where allowed by law;
- upload or transmit viruses, malware, ransomware, spyware, or harmful code;
- infringe any intellectual property, privacy, data protection, consumer protection, or third-party rights;
- scrape, harvest, crawl, mine, or extract data from the Service except as expressly permitted by us;
- resell, rent, lease, sublicense, or commercially exploit access to the Service unless agreed in writing;
- submit false, misleading, unlawful, defamatory, offensive, or harmful content;
- use the Service in a way that may damage our reputation, systems, providers, users, or business.
7. Customer responsibilities
You are responsible for:
- your use of the Service;
- all User Content submitted through your Account;
- the accuracy, legality, quality, and completeness of User Content;
- obtaining all required consents, notices, and permissions from staff, drivers, customers, delivery recipients, WhatsApp recipients, and other data subjects;
- ensuring that your use of the Service complies with applicable laws;
- ensuring that your users are authorised and properly trained;
- maintaining your own records, backups, and business controls where required;
- ensuring that your devices, passwords, networks, and systems are secure.
If you submit Personal Information relating to another person, you confirm that you have a lawful basis to do so.
8. User Content
You retain ownership of your User Content, subject to the rights granted to us in these Terms.
You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, process, reproduce, display, transmit, adapt, format, analyse, and use User Content as reasonably necessary to:
- provide, operate, maintain, secure, and support the Service;
- process delivery records, delivery notes, proof-of-delivery records, documents, notifications, signatures, images, reports, and related workflows;
- integrate with accounting, communication, hosting, analytics, payment, and support providers;
- troubleshoot, monitor, protect, and improve the Service;
- comply with legal obligations;
- create Aggregated Data as described in these Terms and our Privacy Policy.
9. Usage Data and analytics
We may collect Usage Data, including log data, device information, browser information, IP address, session data, feature usage, interaction data, performance data, error reports, notification activity, integration activity, and activity patterns.
We may use Usage Data to:
- operate, maintain, secure, and support the Service;
- monitor performance, reliability, and availability;
- prevent fraud, misuse, abuse, and security incidents;
- understand how users interact with the Service;
- improve existing products, services, features, and workflows;
- develop new products, services, features, tools, reports, and analytics;
- conduct internal business analysis, forecasting, reporting, and research;
- create Aggregated Data.
10. Aggregated, anonymised, and de-identified data
We may create Aggregated Data from User Content, Usage Data, Personal Information, delivery activity, document activity, notification activity, integration activity, and other information processed through the Service.
To the fullest extent permitted by applicable law, we may use, retain, disclose, licence, sell, assign, transfer, commercialise, and otherwise exploit Aggregated Data for any lawful business purpose, including analytics, benchmarking, research, reporting, artificial intelligence development, product development, commercial insights, market analysis, industry reports, forecasting, and data products.
We will take reasonable steps designed to prevent Aggregated Data from being used to directly identify a specific person.
We do not use Aggregated Data in a way that is intended to directly identify a specific person, disclose the content of a specific person’s private messages, or sell directly identifiable WhatsApp contact details or WhatsApp message content.
11. Personal Information and POPIA
Our processing of Personal Information is governed by our Privacy Policy, which forms part of these Terms.
For users in South Africa, we process Personal Information in accordance with POPIA where applicable.
Where consent is required by law, we will seek consent. Where applicable law allows processing on another lawful basis, we may process Personal Information on that basis, including where processing is necessary to perform a contract, comply with legal obligations, protect legitimate interests, prevent fraud, maintain security, or operate our business.
12. WhatsApp Business communications
The Service may allow Customers to send and receive WhatsApp messages using the WhatsApp Business Platform, Meta services, approved WhatsApp Business Solution Providers, and related communication providers.
WhatsApp messaging may be used for delivery updates, service messages, account-related messages, customer support, transactional communications, and marketing communications where permitted by law and platform rules.
Customers are responsible for ensuring that WhatsApp recipients have provided all required opt-ins, consents, notices, and permissions before messages are sent, and for ensuring that messages comply with applicable laws and WhatsApp/Meta rules.
You must not use the Service to send spam, unlawful messages, prohibited content, misleading messages, or messages that violate WhatsApp Business Terms, WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, Meta Platform Terms, or any applicable Meta or WhatsApp rules.
We do not sell directly identifiable WhatsApp message content, WhatsApp contact details, opt-in records, opt-out records, or WhatsApp identifiers.
13. Third-party services and integrations
The Service may integrate with third-party platforms and providers, including accounting platforms such as Sage, Xero, and QuickBooks; communication providers such as Meta/WhatsApp, email providers, and SMS providers; hosting providers; PayFast and other payment processors; analytics tools; support tools; and other APIs selected or authorised by you.
We are not responsible for third-party services, their availability, security, pricing, accuracy, content, data handling, or business practices.
Your use of third-party services may be subject to separate terms and privacy policies.
14. Notifications and communications
The Service may allow Customers to send or receive emails, SMS messages, WhatsApp messages, push notifications, system alerts, and other communications.
Customers are responsible for ensuring that all recipients have provided any consent required by law and that messages comply with applicable laws, platform rules, anti-spam requirements, and communication provider policies.
We may suspend or restrict communication features if we believe they are being misused or may expose us, our providers, users, or third parties to risk.
15. Fees, billing, and subscriptions
Certain parts of the Service may be free, paid, subscription-based, usage-based, credit-based, or subject to separate commercial terms.
If fees apply, you agree to pay all applicable charges, taxes, usage fees, subscription fees, message credits, storage fees, add-on fees, and other amounts in accordance with the pricing and payment terms presented to you.
Payments may be processed through PayFast or other authorised payment processors. Payment processors may process payment information in accordance with their own terms and privacy policies.
Unless otherwise stated, fees are non-refundable except where required by law.
16. Trials, beta features, and previews
We may offer free trials, beta features, early access features, test environments, or preview functionality.
These features may be incomplete, unstable, changed, restricted, or discontinued at any time.
17. Intellectual property
We and our licensors own all rights, title, and interest in and to the Service, including software, workflows, designs, interfaces, dashboards, document templates, databases, code, models, algorithms, processes, documentation, trademarks, trade names, branding, and know-how.
Except for the limited right to use the Service under these Terms, no rights are transferred to you.
18. Feedback
If you provide suggestions, ideas, improvements, bug reports, comments, feature requests, or other feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable licence to use, modify, commercialise, and incorporate that feedback into our products, services, and business without restriction or compensation to you.
19. Confidentiality
If we provide non-public information to you, including pricing, technical information, roadmap information, business information, credentials, private documentation, or unreleased features, you must keep that information confidential.
20. Service availability
We aim to provide a reliable Service, but we do not guarantee that the Service will always be available, uninterrupted, secure, error-free, or compatible with your systems.
21. Security
We use reasonable technical and organisational measures designed to protect the Service and Personal Information.
No system is completely secure. You are responsible for maintaining the security of your Account, devices, networks, users, and credentials.
22. Account deletion and data requests
Users may request account and data deletion at https://www.podsync.co.za/delete-account or by emailing info@podsync.co.za.
We delete or anonymise Personal Information within a reasonable period after a valid deletion request, unless we need to retain it for legal, tax, accounting, security, fraud-prevention, dispute, backup, platform compliance, or other lawful purposes.
Users may request export of their Personal Information or company data by emailing info@podsync.co.za. Export availability may depend on the user’s role, permissions, legal requirements, and technical feasibility.
23. Backups and data loss
We may maintain backups for operational, security, disaster recovery, and legal purposes. Unless expressly agreed in writing, we do not guarantee that any specific User Content can always be restored.
24. Disclaimers
The Service is provided “as is” and “as available”.
To the fullest extent permitted by law, we disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including warranties of accuracy, reliability, availability, merchantability, fitness for a particular purpose, non-infringement, and suitability for your intended use.
25. Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, business, goodwill, data, opportunity, anticipated savings, or reputation.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will be limited to the greater of:
- the amount you paid to us for the Service in the three months before the event giving rise to the claim; or
- ZAR 1,000.
Nothing in these Terms limits liability that cannot legally be limited.
26. Indemnity
You agree to indemnify and hold us harmless from and against claims, losses, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising from:
- your use of the Service;
- your User Content;
- your breach of these Terms;
- your violation of applicable law;
- your infringement of third-party rights;
- your failure to obtain required consents, notices, permissions, or authorisations;
- messages or communications sent through your Account;
- your use of third-party integrations.
27. Suspension and termination
We may suspend or terminate your access to the Service if:
- you breach these Terms;
- you fail to pay applicable fees;
- your use creates risk for us, our users, providers, systems, or third parties;
- we suspect fraud, abuse, unlawful activity, security risk, or misuse;
- required by law, regulation, court order, regulator, or authority;
- we discontinue the Service or any material part of it.
28. Changes to these Terms
We may update these Terms from time to time.
If changes are material, or if we decide that re-acceptance is required, we may require you to accept the updated Terms and/or Privacy Policy before you can continue using the Service.
Your continued use of the Service after updated Terms become effective means you accept the updated Terms, unless we require express re-acceptance.
29. Electronic communications and acceptance
You agree that these Terms, notices, disclosures, invoices, service notices, and other communications may be provided electronically.
Clicking “I agree”, creating an Account, submitting information, or continuing to use the Service may constitute electronic acceptance.
30. Consumer Protection Act
If you are a consumer under the South African Consumer Protection Act, 2008, nothing in these Terms excludes, limits, or restricts any rights you may have under that Act to the extent such exclusion, limitation, or restriction is not permitted by law.
31. Governing law
These Terms are governed by the laws of the Republic of South Africa.
32. Disputes
Before starting formal proceedings, you agree to first contact us and attempt to resolve the dispute informally.
Subject to applicable law, disputes arising from or relating to these Terms or the Service will be dealt with by the courts of South Africa, unless we agree to another dispute resolution process in writing.
33. Assignment
You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer, assign, subcontract, or delegate our rights and obligations as part of a merger, acquisition, sale of assets, restructuring, financing, corporate transaction, or by operation of law.
34. General
These Terms, together with the Privacy Policy and any additional terms presented to you, form the entire agreement between you and us regarding the Service.
If any provision is found to be invalid or unenforceable, the remaining provisions will remain in effect.
35. Contact
For questions about these Terms, contact us at: info@podsync.co.za.