Terms of Service
1. Acceptance of these terms
These Terms of Service (“Terms”) govern your use of PopiGuard, a product of Celagenix Business Advisory (Pty) Ltd t/a Celagenix Agency (“Celagenix”, “we”, “us”, “our”). By using the free Snapshot quiz, purchasing a paid Assessment, or creating a Compliance Hub account, you agree to these Terms on behalf of yourself and, where applicable, the organisation you represent, for example a homeowners' association, body corporate, sectional title scheme, or attorneys' practice (“you”, “your organisation”). If you do not have authority to bind your organisation to these Terms, you must not proceed.
2. The PopiGuard product suite
- Free Snapshot quiz: a free, no-signup 10-question compliance quiz.
- Compliance Hub: a monthly subscription platform for ongoing compliance management (Task Manager, Policy Vault, DSR Register, Breach Register, Compliance Calendar and related modules). For some sectors, such as residential estates, the full compliance assessment is included with the subscription.
- Assessment (once-off): a paid, once-off, multi-module compliance assessment with a human-reviewed report, offered for certain sectors such as attorneys' practices. Where the assessment is included in a sector's Compliance Hub subscription, it is not sold separately for that sector.
3. Nature of the service: guidance only
PopiGuard provides tools, plain-language explanations, and template content to help your organisation manage its own compliance. PopiGuard is guidance only. It does not constitute legal advice and should not be relied upon as a legal opinion. Assessment reports, explanations, breach notification drafts, and policy templates are based on the information you provide and general legal principles. They are not a substitute for independent legal advice specific to your organisation's circumstances. Celagenix accepts no liability for decisions made on the basis of PopiGuard's output without independent legal verification.
4. Accounts
You must provide accurate information when creating an account and keep your login credentials confidential. You are responsible for activity that occurs under your account. Notify us immediately through our contact form if you suspect unauthorised access.
5. Payment and refunds
Assessment (once-off, where offered)
Where a once-off Assessment is offered, it is billed once-off at the price displayed at checkout, processed through our third-party payment provider. A full refund is available if you haven't started your assessment. Once you begin, refunds are handled case by case. Contact us through our contact form.
Compliance Hub (subscription)
Subscriptions are billed monthly in advance through our payment provider at the tier price displayed at checkout. You may cancel at any time from your account Settings; cancellation takes effect at the end of your current paid billing period, and no partial-month refund is given for the remainder of a period already paid for.
What happens to your data when you cancel
Cancelling does not delete anything immediately. Your account stays fully open for 30 days after you cancel, so you can export your records. During that period everything continues to work, and you may reverse the cancellation at any time. At any point (before or after cancelling) you can download everything we hold for your organisation from Settings: every record, your signed policy documents, and all task evidence, as a single file. This is your data and you are entitled to it. After the 30 days your account is closed and you will no longer be able to sign in; your records are retained, not destroyed, and can be restored if the closure was a mistake. Your organisation remains the responsible party under POPIA for the personal information in any export you download.
6. Your organisation's own compliance obligations
PopiGuard is a tool to help your organisation meet its own obligations under POPIA, PAIA, and any other laws that apply to it (which may include, depending on your sector, FICA, the LPC Rules, the CSOS Act, the STSMA, and, once in force, the Gated Access Code of Conduct). Your organisation remains the responsible party for personal information it collects from its own residents, clients, visitors and staff (see our Privacy Policy, Section 3(b)). You are responsible for having a valid lawful basis for that processing, for appointing your own Information Officer, and for using PopiGuard's templates and guidance appropriately for your circumstances.
7. Intellectual property
All PopiGuard content, including its policy templates, question-bank content, and platform, is the property of Celagenix Business Advisory (Pty) Ltd and is protected by copyright, trademark and other intellectual-property laws. Celagenix grants your organisation a non-exclusive, non-transferable licence to use PopiGuard's content and platform for your own organisation's internal compliance purposes for as long as your account is active. You may not resell, redistribute, or sublicense PopiGuard's content to another organisation.
8. Acceptable use
You must not: use PopiGuard for any unlawful purpose; attempt to access another organisation's data or account; attempt to circumvent access controls, rate limits or security measures; reverse-engineer or scrape the platform; or use any guidance feature to generate content for a purpose other than your own organisation's compliance.
9. Availability
We aim to keep PopiGuard available and will use reasonable efforts to do so, but we do not currently offer a guaranteed uptime service level and the platform is provided “as is.” We may perform maintenance that temporarily affects availability.
10. Limitation of liability
To the maximum extent permitted by South African law, Celagenix's total liability arising from your use of PopiGuard is limited to the fees you paid to Celagenix in the 12 months preceding the claim, and Celagenix is not liable for indirect, incidental, or consequential loss. Nothing in these Terms limits any liability that cannot be limited or excluded under applicable law.
11. Electronic transactions and your consumer rights
PopiGuard is sold and delivered electronically. Where the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the Consumer Protection Act 68 of 2008 (“CPA”) apply to your purchase, nothing in these Terms limits or excludes any right you have under that legislation. Because PopiGuard provides digital services and content that begin as soon as you access them, and because the free Snapshot quiz and 14-day trial let you evaluate the service before you pay, the automatic cooling-off right in ECTA section 44 does not apply once you have started using a paid Assessment or subscription, to the extent that section permits. Your statutory rights as a consumer are otherwise unaffected.
12. Termination
Either party may terminate a Compliance Hub subscription per Section 5. On termination, your organisation may export its own data for 30 days, after which the account closes and access ends; records are retained (not destroyed) as described in Section 5, and can be restored if the closure was a mistake.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified to Compliance Hub subscribers by email before they take effect.
14. Governing law
These Terms are governed by the law of the Republic of South Africa, and the South African courts have jurisdiction over any dispute arising from them.
15. Contact
Questions about these Terms: through our contact form. Privacy-specific queries: popi@celagenix.com.