RegDesk — Terms of Service

Terms of Service

Effective date: 1 April 2025

1. Parties and Acceptance

These Terms of Service ("Terms") constitute a binding agreement between Be Relevant (Pty) Ltd, the operator of the RegDesk platform ("we", "us", "our"), and the entity or individual accessing or using the platform ("you", "Client"). By creating an account, accepting an invitation, or otherwise accessing RegDesk, you confirm that you have read, understood, and agree to be bound by these Terms.

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

2. Description of Service

RegDesk is a compliance management platform designed for Financial Services Providers (FSPs) and compliance agencies operating under the Financial Advisory and Intermediary Services Act (FAIS) and related South African financial services legislation. The platform provides tools for document management, regulatory calendar tracking, due diligence workflow management, compliance reporting, and related operational functions.

We reserve the right to modify, suspend, or discontinue any feature or aspect of the service at any time with reasonable notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. Accounts and Access

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you become aware of any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a security risk to the platform or other users.

4. Subscription and Payment

Access to RegDesk is provided on a subscription basis. Subscription fees, billing cycles, and payment terms are set out in your service agreement or onboarding documentation. All fees are quoted and payable in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated.

Failure to pay fees when due may result in suspension of access. We will provide reasonable notice before suspending access for non-payment. Invoices are issued manually and payment is due within the period stated on the invoice.

5. Acceptable Use

You agree not to:

  • Use the platform for any unlawful purpose or in violation of any applicable law or regulation;
  • Upload or transmit content that is false, misleading, defamatory, or infringes any third-party rights;
  • Attempt to gain unauthorised access to any part of the platform or its underlying systems;
  • Reverse-engineer, decompile, or otherwise attempt to extract the source code of the platform;
  • Use the platform to store or process sensitive personal information beyond what is necessary for compliance management purposes;
  • Resell, sublicense, or otherwise commercialise access to the platform without our prior written consent.

6. Data and Privacy

Your use of the platform is also governed by our Privacy Policy and, where applicable, our Data Processing Agreement (DPA). We process personal information in accordance with the Protection of Personal Information Act (POPIA) and applicable data protection legislation. By using the platform, you consent to such processing as described in our Privacy Policy.

You retain ownership of all data you upload to the platform. We do not claim any intellectual property rights over your data. You grant us a limited, non-exclusive licence to store, process, and display your data solely for the purpose of providing the service.

7. Intellectual Property

All intellectual property rights in the RegDesk platform, including its software, design, trademarks, and documentation, are owned by or licensed to Be Relevant (Pty) Ltd. Nothing in these Terms transfers any intellectual property rights to you.

8. Disclaimer of Warranties

The platform is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or free of harmful components.

RegDesk is a workflow and document management tool. It does not constitute legal, regulatory, or compliance advice. You remain solely responsible for ensuring your compliance with applicable laws and regulations.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Be Relevant (Pty) Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the platform, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you to us in the three months preceding the event giving rise to the claim.

10. Termination

Either party may terminate the service agreement on written notice as set out in the applicable service agreement. Upon termination, your access to the platform will be suspended. We will retain your data for a period of 30 days following termination, after which it may be permanently deleted. You may request an export of your data before termination.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of South Africa. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa. The parties agree to attempt to resolve any dispute in good faith before initiating formal legal proceedings.

12. Amendments

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice within the platform. Your continued use of the platform after the effective date of any updated Terms constitutes your acceptance of the changes.

13. Contact

For questions about these Terms, please contact us at [email protected].