Terms of Service

1. Acceptance of Terms

By registering for an account, accessing, or using the OptiDep platform ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you ("User", "you") and OptiDep ("we", "us", "our").

2. Definitions

• "Platform" refers to the OptiDep web application and all associated services.
• "Client" refers to a creditor organization using the platform to manage debt collections.
• "Debtor" refers to an individual or entity with an outstanding debt being managed through the platform.
• "User" refers to any individual who accesses the platform, including clients, agents, and debtors.

3. Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts to use this Service. Clients must be registered businesses or authorized representatives with the legal right to appoint debt collection agents. Debt collection activities must comply with the Debt Collectors Act 114 of 1998 and the National Credit Act 34 of 2005.

4. Account Registration

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately of any unauthorized use or security breach.
• Each account is tied to a specific organization; sharing accounts across organizations is prohibited.
• We reserve the right to suspend or terminate accounts that violate these Terms.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of South African law
• Upload debtor information without a legitimate basis for collection
• Harass, threaten, or intimidate debtors through the platform
• Attempt to access data or accounts you are not authorized to access
• Reverse engineer, decompile, or disassemble any part of the platform
• Use automated tools to scrape or extract data from the platform
• Introduce viruses, malware, or harmful code to the platform
• Misrepresent your identity or affiliation with any person or organization

6. Debt Collection Compliance

Clients using the platform for debt collection must hold a valid debt collector's registration with the Council for Debt Collectors where required by law. All collection activities conducted through the platform must comply with the Debt Collectors Act, the National Credit Act, POPIA, and FICA. Clients are responsible for the accuracy of debtor information uploaded to the platform and for ensuring they have the legal right to collect on the debts listed.

7. Subscription and Fees

• The Service is offered on a subscription basis with plans detailed on our pricing page.
• Fees are billed monthly or annually in South African Rand (ZAR) unless otherwise stated.
• Annual subscriptions receive a discount as indicated on the pricing page.
• Payment is processed through our integrated payment gateways (Ozow, PayFast, Yoco).
• Subscription renewals are automatic unless cancelled before the renewal date.
• Fees are non-refundable except as required by law.
• We reserve the right to change pricing with 30 days' notice to existing subscribers.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Clients retain ownership of debtor data uploaded to the platform. We process data as a service provider on behalf of clients and in accordance with POPIA. We are not responsible for the legality of data uploaded by clients.

9. Intellectual Property

The platform, including its design, software, features, and content, is owned by OptiDep and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the platform for your business operations during your subscription. You may not copy, modify, distribute, or create derivative works from the platform without our written consent.

10. Disclaimers

• The Service is provided "as is" and "as available" without warranties of any kind.
• We do not guarantee specific collection results or recovery rates.
• AI-powered features are assistive tools and should not replace professional judgment.
• We are not liable for decisions made based on analytics or AI recommendations.
• Payment gateway integrations are subject to the terms of respective providers.

11. Limitation of Liability

To the maximum extent permitted by law, OptiDep shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability for any claim shall not exceed the amount paid by you in the three months preceding the claim. We are not liable for loss of data, business interruption, or failure to collect debts.

12. Indemnification

You agree to indemnify and hold harmless OptiDep, its officers, directors, and employees from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party rights.

13. Termination

Either party may terminate this agreement at any time. Upon termination, your access to the platform will be suspended. You may export your data for 30 days after termination, after which it may be permanently deleted. We may terminate or suspend accounts immediately for violations of these Terms or applicable law.

14. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be resolved in the courts of South Africa, with jurisdiction in the province where OptiDep is registered. The parties agree to attempt mediation before pursuing litigation.

15. Changes to Terms

We may modify these Terms at any time. We will notify users of material changes via email or platform notification at least 30 days before they take effect. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms of Service, please contact us: