Terms of Use
Please read these terms carefully before using the NebOS platform. By accessing or using NebOS you agree to be bound by these terms, which are governed by South African law including the Electronic Communications and Transactions Act, 25 of 2002 (ECTA) and the Consumer Protection Act, 68 of 2008 (CPA), where applicable.
1. Acceptance of terms
By registering for, accessing, or using NebOS you confirm that you have read, understood, and agree to these Terms of Use and our Privacy Policy. If you do not agree, do not use the platform. If you are accepting these terms on behalf of an organisation (a "Tenant"), you confirm that you have the authority to bind that organisation.
2. Electronic contracting
In accordance with the Electronic Communications and Transactions Act, 25 of 2002 (ECTA), you agree that electronic acceptance of these terms, electronic signatures, and electronically generated records and notices (including policy documents, certificates, and invoices generated by the platform) are valid and enforceable to the same extent as physical documents and signatures.
3. Platform access and licence
NebOS grants you a limited, non-exclusive, non-transferable licence to access and use the platform for your internal business purposes for the duration of your subscription. You may not resell, sublicence, white-label, or otherwise make the platform available to third parties without our prior written permission.
4. Account responsibilities
You are responsible for maintaining the confidentiality of your credentials, for all activities that occur under your account, and for ensuring that all users on your tenant comply with these terms and with applicable data protection law (POPIA) in respect of the personal information they process using the platform.
5. Acceptable use
You may not use the platform to: violate any law or regulation; infringe intellectual property or other rights; transmit malware or unsolicited communications; attempt unauthorised access to any system, account, or data, including data belonging to other tenants; reverse-engineer the platform; or engage in any activity that disrupts, degrades, or damages the platform or its infrastructure.
6. Regulatory compliance
You remain solely responsible for ensuring that your use of the platform — including how you sell, administer, and report on insurance and funeral policies — complies with the Financial Advisory and Intermediary Services Act, 37 of 2002 (FAIS), the Financial Sector Regulation Act, the Financial Intelligence Centre Act, 38 of 2001 (FICA), the Long-Term Insurance Act, 52 of 1998, POPIA, and all other applicable legislation and FSCA conduct standards. NebOS tools (including reporting, compliance, and audit features) are provided as an aid and do not constitute legal, financial, tax, or regulatory advice, and are not a substitute for your own professional compliance judgement and licensing.
7. Data processing
Where NebOS processes personal information on your behalf as an Operator under POPIA, we will do so only in accordance with your instructions (as configured via the platform) and our Privacy Policy, and will implement appropriate security safeguards under POPIA section 19. You remain the Responsible Party for personal information relating to your clients, members, and policyholders.
8. Subscription and payment
Access to paid features requires an active subscription. Fees are billed in advance in South African Rand (ZAR) and are exclusive of VAT unless stated otherwise. Failure to pay outstanding fees within the agreed terms may result in suspension of access until payment is received. Refunds are not provided for partial billing periods, save as required by the Consumer Protection Act where applicable.
9. Intellectual property
All intellectual property in the platform — including software, source code, design, trademarks, and documentation — belongs to NebOS or its licensors. Your data (including client, policy, and claims records you input or generate) remains yours, and we claim no ownership over it beyond what is necessary to provide the service.
10. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with these terms, and to use it only for the purposes of the agreement, except where disclosure is required by law or regulation.
11. Suspension and termination
We may suspend or terminate your access if you materially breach these terms, fail to pay outstanding fees, or if required to do so by law or by a regulator. You may terminate your subscription in accordance with your subscription agreement. On termination, you remain responsible for fees incurred up to the termination date, and we will provide a reasonable opportunity to export your data, subject to any applicable retention obligations.
12. Limitation of liability
To the maximum extent permitted by law, NebOS shall not be liable for any indirect, incidental, special, or consequential losses, including loss of profits, revenue, data, or goodwill, arising from your use of the platform. Our total aggregate liability for any claim arising from or relating to these terms shall not exceed the total fees you paid to us in the three months preceding the event giving rise to the claim. Nothing in these terms limits liability that cannot lawfully be limited, including liability for gross negligence or wilful misconduct.
13. Indemnity
You agree to indemnify and hold NebOS harmless from any claims, losses, or damages arising from your breach of these terms, your violation of applicable law (including FAIS, FICA, or POPIA), or your misuse of the platform, including any claims brought by your clients, members, or employees.
14. Force majeure
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including loadshedding, telecommunications or internet outages, natural disasters, pandemics, or actions of government or regulatory authorities.
15. Dispute resolution
The parties shall first attempt to resolve any dispute arising from these terms through good-faith negotiation. If unresolved within 30 days, either party may refer the dispute to mediation or arbitration in Johannesburg, South Africa, under the rules of the Arbitration Foundation of Southern Africa (AFSA), before resorting to litigation.
16. Governing law
These terms are governed by the laws of the Republic of South Africa. Subject to clause 15, any disputes shall be subject to the exclusive jurisdiction of the South African courts.
17. Changes
We may update these terms from time to time to reflect changes in law, regulation, or our services. Material changes will be communicated via the platform with at least 30 days' notice. Continued use after such notice constitutes acceptance of the updated terms.
Contact
Questions about these terms? Contact us at:
legal@nebos.co.za