Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Voting App platform and services (the "Service") provided by the operator of votingapp.co.za ("we", "us", or "our"). By creating an account, logging in, or using the Service you agree to these Terms.

1. The Service

The Service is a digital platform that enables Body Corporates and Homeowners Associations to run governance meetings (AGM, SGM and similar), manage invitations, proxies, attendance authentication (OTP), live voting sessions, weighted voting by participation quota, quorum tracking, results, audit trails, and related features such as Excel import and an AI document assistant.

2. Important disclaimer — Legal compliance remains your responsibility

The Service is a facilitation and record-keeping tool only. We have designed the platform to support processes that comply with the Sectional Titles Schemes Management Act 8 of 2011, the Prescribed Management Rules, the Community Schemes Ombud Service Act, the Protection of Personal Information Act 4 of 2013 (POPIA), the Electronic Communications and Transactions Act 25 of 2002, and typical scheme rules or MOI requirements. However, it is the sole and exclusive responsibility of the trustees, body corporate, Homeowners Association management, or other authorised persons to ensure that every meeting, notice period, agenda, quorum, proxy appointment, voting process, resolution, and record-keeping step fully complies with all applicable law and the specific rules of the scheme.

We do not provide legal advice. Use of the Service does not guarantee that any meeting or resolution will be legally valid or enforceable. You must independently verify compliance. We strongly recommend that trustees obtain appropriate legal or professional advice for their specific scheme before relying on any meeting outcome.

3. Eligibility and accounts

• You must be authorised by the relevant scheme to use the Service in a management or trustee capacity.
• Attendee access (for owners and proxies) is provided via one-time passwords for specific meetings only.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You must provide accurate and complete information when setting up schemes, importing data, or creating meetings.

4. Your responsibilities

You agree to:

• Use the Service only for lawful purposes and in accordance with these Terms and all applicable South African law.
• Ensure that all notices, agendas, proxy forms, and meeting procedures meet the legal requirements of the scheme.
• Obtain all necessary consents from owners and data subjects before uploading their personal information.
• Not upload or process any information that infringes third-party rights or is unlawful.
• Promptly notify us of any suspected security breach or unauthorised use.

5. Prohibited conduct

You must not:

• Use the Service to conduct meetings or processes that you know (or should know) do not comply with applicable law.
• Attempt to access data belonging to another scheme.
• Interfere with the security, integrity, or performance of the Service.
• Reverse-engineer, decompile, or create derivative works of the platform except as permitted by law.

6. Intellectual property

All rights, title, and interest in the Service, including software, design, content, and trademarks, remain with us or our licensors. You receive only a limited, non-exclusive, non-transferable licence to use the Service for your authorised scheme(s) during the term of your subscription or access.

7. Data protection and POPIA

Your use of the Service is also governed by our Privacy Policy (linked above). By using the Service you confirm that you have the necessary authority and consents to upload and process personal information through the platform. We process such information as an operator on your behalf in accordance with POPIA. You remain the Responsible Party for that information.

8. Limitation of liability and indemnity

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied (including fitness for a particular purpose or non-infringement).
• We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or business opportunity arising from your use of (or inability to use) the Service, or from any meeting, resolution, or decision taken using the Service.
• You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your failure to comply with applicable law, or any dispute arising from a meeting or resolution conducted with the assistance of the Service.

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or for fraud, where such exclusion is prohibited by law.

9. Electronic communications and signatures

You consent to receive communications electronically. Any digital signatures, declarations, or consents captured through the proxy wizard or attendance flows are intended to have the same legal effect as handwritten signatures to the extent permitted by the Electronic Communications and Transactions Act.

10. Fees and payment

Certain features of the Service — in particular running and certifying a governance meeting — require payment. We offer once-off Meeting Passes and recurring subscriptions; the applicable fees are shown at checkout and are processed by our third-party payment provider, PayFast. By making a payment you also agree to the payment provider's terms. Subscriptions renew automatically until cancelled. Cancellations, refunds, and any cooling-off rights are governed by our Refund & Cancellation Policy, which forms part of these Terms. Fees are quoted exclusive of VAT unless stated otherwise; VAT is added where applicable and a tax invoice is issued. We may change our fees on reasonable notice; changes do not affect a meeting or billing period already paid for.

11. Termination

We may suspend or terminate your access to the Service at any time if you breach these Terms, fail to pay any applicable fees, or if required by law. Upon termination, your right to use the Service ends immediately. Provisions that by their nature should survive (including disclaimers, limitations of liability, indemnity, and data protection) will continue in effect.

12. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa (Gauteng Division, Johannesburg, unless another division is required by law).

13. General

• These Terms, together with the Privacy Policy and any written agreement between us, constitute the entire agreement between you and us.
• If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force.
• We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the updated Terms.
• No failure or delay in enforcing any right under these Terms constitutes a waiver.

14. Contact

For any questions about these Terms, please email support@votingapp.co.za.