Terms of Service

Last updated: 24 February 2026

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you ("Customer", "you", or "your") and Kujalia (Pty) Ltd ("Kujalia", "we", "us", or "our"), a company registered in the Republic of South Africa. By creating an account or using the Kujalia ERP platform at erp.kujalia.com (the "Service"), you agree to these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree, do not use the Service.

2. Definitions

  • "Tenant" means a company workspace you create within the Service, containing your business data.
  • "User" means any individual granted access to a Tenant by the Customer.
  • "Customer Data" means all data, files, and content that you or your Users upload, enter, or generate within the Service.
  • "Subscription" means the paid plan you select (Starter, Growth, Professional, or Enterprise) and the associated billing cycle.

3. Account Registration

To use the Service you must register for an account. You agree to provide accurate and complete information, keep your login credentials confidential, and notify us immediately if you suspect unauthorised access. You are responsible for all activity that occurs under your account and the accounts of Users you invite. We reserve the right to suspend accounts where we have reasonable grounds to believe registration information is false or misleading.

4. Free Trial

We offer a free trial on the Growth plan. During the trial you will have access to all Growth plan features. At the end of the trial, you will not be charged automatically — your access will be downgraded until you actively subscribe to a paid plan. No payment information is required to start a trial.

5. Subscriptions and Payment

5.1 Plans and pricing

Current plans and prices are published on our pricing page. All prices are quoted in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated. We reserve the right to change pricing with at least 30 days' written notice before the start of your next billing cycle.

5.2 Billing

Subscriptions are billed monthly or annually in advance, depending on the billing cycle you select. Annual subscriptions are discounted as indicated on the pricing page. Invoices are issued electronically. You authorise us to charge your selected payment method on each renewal date.

5.3 Late payment

If payment fails, we will notify you and retry the charge. If payment remains outstanding for more than 14 days, we may restrict access to the Service until the balance is settled. We reserve the right to charge interest on overdue amounts at the rate prescribed by the National Credit Act or 2% per month, whichever is lower.

5.4 Refunds

Monthly subscriptions are non-refundable. If you cancel an annual subscription within the first 14 days, you may request a full refund. After 14 days, annual subscriptions are non-refundable but you will retain access until the end of the paid period. This does not affect any rights you may have under the Consumer Protection Act, 2008.

6. Acceptable Use

You agree to use the Service only for lawful business purposes. You may not:

  • Use the Service to violate any applicable law or regulation.
  • Upload or transmit malicious code, viruses, or harmful data.
  • Attempt to gain unauthorised access to any part of the Service or its infrastructure.
  • Reverse-engineer, decompile, or disassemble the Service or its underlying software.
  • Resell, sublicence, or make the Service available to third parties except through the User invitation features provided.
  • Use the Service to store or process special personal information (as defined in POPIA Section 26) unless you have obtained the required consent and notified us in writing.
  • Interfere with the performance or availability of the Service for other customers.

We may suspend or terminate access for violation of these terms, with notice where practicable.

7. Customer Data

7.1 Ownership

You retain all rights in your Customer Data. We claim no ownership or intellectual property rights over the data you store in the Service. By using the Service, you grant us a limited licence to host, process, and display your Customer Data solely for the purpose of providing the Service.

7.2 Data portability

You may export your Customer Data in standard formats (CSV, PDF) at any time through the platform's built-in export features. Upon termination of your Subscription, we will make your data available for export for 90 days before permanent deletion.

7.3 Backups

We perform automated daily backups with point-in-time recovery. However, you are responsible for maintaining your own copies of critical business data. We are not liable for data loss resulting from your failure to export or back up data.

7.4 Data processing

We process Customer Data as an operator under POPIA, strictly on your instructions and for the purpose of delivering the Service. Full details are set out in our Privacy Policy and POPIA Compliance Notice.

8. Intellectual Property

The Service, including its software, design, documentation, logos, and trademarks, is owned by Kujalia (Pty) Ltd and is protected by South African and international intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes for the duration of your Subscription. All rights not expressly granted are reserved.

9. Service Availability

We aim to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance (for which we will provide reasonable advance notice), emergency maintenance, or circumstances beyond our control. We will use reasonable efforts to minimise downtime and to communicate service disruptions promptly.

10. Third-Party Integrations

The Service may integrate with third-party services such as payment gateways, banking APIs, e-commerce platforms, and shipping providers. Your use of third-party integrations is subject to the terms and policies of those providers. We are not responsible for the availability, accuracy, or practices of third-party services. You are responsible for ensuring that you have the necessary rights and agreements in place with those providers.

11. Compliance Features

The Service includes features designed to assist with SARS filing, B-BBEE tracking, CIPC returns, IFRS for SMEs reporting, and POPIA compliance. These features are provided as tools to support your compliance efforts. They do not constitute legal, tax, or accounting advice. You remain solely responsible for the accuracy of your filings and for compliance with all applicable laws. We recommend that you consult qualified professionals for advice specific to your circumstances.

12. Limitation of Liability

To the maximum extent permitted by South African law:

  • The Service is provided "as is" and "as available". We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the Service.
  • Our total aggregate liability for any claim arising under these Terms shall not exceed the fees you paid to us in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for fraud, gross negligence, or any liability that cannot be excluded under the Consumer Protection Act, 2008 or other applicable law.

13. Indemnification

You agree to indemnify and hold harmless Kujalia, its directors, employees, and affiliates from any claims, losses, or damages (including legal fees) arising from: (a) your breach of these Terms; (b) your violation of any law or regulation; (c) the data you upload or process through the Service; or (d) your use of third-party integrations.

14. Cancellation and Termination

14.1 Cancellation by you

You may cancel your Subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until then. After cancellation, your Customer Data will remain available for export for 90 days, after which it will be permanently deleted.

14.2 Termination by us

We may suspend or terminate your access if you materially breach these Terms and fail to remedy the breach within 14 days of written notice. We may terminate immediately without notice in cases of illegal activity, actions that threaten the security or integrity of the Service, or persistent non-payment.

14.3 Effect of termination

Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination will continue to apply, including Sections 7 (Customer Data), 8 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), and 17 (Governing Law).

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notice at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you may cancel your Subscription before the new Terms take effect.

16. General Provisions

  • Entire agreement — these Terms, together with our Privacy Policy and POPIA Compliance Notice, constitute the entire agreement between you and Kujalia regarding the Service.
  • Severability — if any provision is found to be unenforceable, the remaining provisions remain in full force and effect.
  • No waiver — our failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment — you may not assign or transfer these Terms without our written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to honour these Terms.
  • Force majeure — neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, power outages, internet disruptions, government actions, or pandemics.
  • Notices — notices to you will be sent to the email address associated with your account. Notices to us should be sent to legal@kujalia.co.za.

17. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa. Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.

18. Contact Us

For questions about these Terms: