Ledgeforge terms of service

DRAFT 0.4 for attorney review, 22 October 2026. Not published. Not in force.
Replaces the separate FinSight (myfinsight.co.za/tscs) and Loadwyse terms once approved.

Effective date: [DATE OF PUBLICATION]
Version: [VERSION]

1. About these terms

1.1 These terms are an agreement between Ledgeforge Software (Pty) Ltd (registration number 2026/774859/07), 10 Cloyne Kenmare, Kenmare, Mogale City, Gauteng, 1739 ("Ledgeforge", "we") and the company, firm, practice or person that subscribes to one or more of our products ("Customer", "you").

1.2 They cover every Ledgeforge product: Accounting, FinSight, Loadwyse, the Ledgeforge login and portal, and Ledgeforge Billing (together the "Services").

1.3 These documents form part of these terms:

• Annex A: Operator Terms (how we process the personal information you put into the Services);
• Annex B: Acceptable Use Policy;
• Annex C: Cancellation, Refund, Data Export and Deletion Terms;
• Annex D: Service Levels and Support Statement;
• the Price List shown in the Services and on our website at the time.

Our Privacy Notice, Cookie Notice, Security Statement and PAIA Manual explain how we handle information but are not contract terms.

1.4 If these documents conflict, the order of priority is: Operator Terms (on personal information only), these terms, the other annexes, the Price List.

1.5 The person who accepts these terms for a Customer confirms that they are authorised to bind it.

[ATTORNEY: Confirm the acceptance mechanism. Proposed: an owner ticks "I accept the Terms of Service and Operator Terms" when creating an organisation or adding a product in the portal; the system records the version, time and person. Users accept the Privacy Notice when accepting an invitation (already recorded as popia_consent_at). Recording terms acceptance per version is not built yet.]

[ATTORNEY: Clauses 6.3 to 6.5 are in capitals and bold to draw attention to them under CPA s49. Confirm they should also be summarised on the sign-up screen, with a tick box.]

[ATTORNEY: CPA and ECTA. Many small Customers will be juristic persons under the Consumer Protection Act threshold (annual turnover or asset value below R2 million), so the CPA may apply to them; sole proprietors are natural persons and ECTA's consumer chapter (s42 to s48, including the 7-day cooling-off right in s44) applies. Please mark which clauses must yield to the CPA (for example s14 fixed-term rules, s48 to s51 unfair and prohibited terms, s49 notice of risky clauses in plain language) and whether a "where the CPA applies" clause is enough.]

2. Your account and the people who use it

2.1 Every person signs in through the central Ledgeforge login. One login works for every product your organisation subscribes to.

2.2 Each organisation has at least one owner. Owners can invite people, give roles (owner, admin, member), switch products on or off per person, add products, and close the organisation. Only owners may make someone an owner or take money-related actions.

2.3 Staff Users must use two-factor sign-in with an authenticator app. Each person may have one active session; a new sign-in ends the older one.

2.4 You are responsible for: who you invite and what role you give them; keeping sign-in details private; removing people who should no longer have access; and everything done under your organisation's logins, unless caused by our breach of these terms.

2.5 Tell us at once at support@ledgeforge.co.za if you suspect someone has used your organisation's logins without permission.

3. The products

3.1 Accounting is bookkeeping software. It records what you enter or import. It does not give tax, accounting or legal advice, and you remain responsible for your books, VAT returns and filings.

3.2 FinSight produces automated analysis: figures, ratios and observations calculated by fixed rules from the financial information you import. The analysis is only as good as the information imported. It is not an audit, a valuation, credit advice or financial advice under the FAIS Act, and you should have a qualified person review it before relying on it for a decision.

3.3 Loadwyse helps an accounting firm plan and track its work, staff and clients. It does not replace your professional judgment or your own records of professional work.

3.4 We may improve and change the Services. If a change removes a feature that is a material part of a plan you pay for, we will give you at least [30] days' notice and you may cancel without charge for the next month.

[ATTORNEY: Confirm the FAIS and "not advice" wording for FinSight. Confirm that practices sharing FinSight analysis with their clients does not make Ledgeforge an adviser.]

4. Plans, prices and payment

4.1 Plans. The current plans and prices are in the Price List. At the date of this draft:

[Prices confirmed final by Jeffrey, 22 Oct 2026. The Price List, not these terms, should carry the numbers so a later price change follows clause 4.6; the table is here so the attorney can see the model.]

4.2 VAT. Ledgeforge is not registered for VAT and charges no VAT. All prices exclude VAT. If we register, VAT at the standard rate will be added to invoices issued from the date of registration, and we will tell you at least [30] days before.

4.3 Who counts for Loadwyse. Every staff member counts, including planning-only staff who do not sign in. Adding a staff member above the number paid for raises the count at once, and the whole current month is billed on the new count. Lowering the count takes effect from the next month. Above 15 staff, we agree a price with you in writing.

4.4 Card first. Paid plans need a card registered with PayFast before they start. Free plans need no card. Adding a card charges nothing.

4.5 When you pay. Billing runs in arrears per calendar month. At the end of each month we issue an invoice for that month, due on issue, and PayFast charges your card automatically. A subscription's first month is billed in full; there is no part-month pricing. We do not offer annual plans at present.

4.6 Price changes. We may change prices on at least [30] days' written notice. The new price applies from the first full month after the notice period. You may cancel before then.

4.7 Trials. Loadwyse has no free trial. Any trial we offer for another product will be shown in the Services with its length.

[ATTORNEY: Confirm "invoices due on issue, charged automatically at month end" is clearly enough explained for a consumer under CPA s49 and ECTA s43.]

5. If a payment fails

5.1 If a card payment fails, you keep full access and see a warning, and we will email the billing contact. You can replace the card and use "Pay now".

5.2 If the invoice is still unpaid 14 days after it was issued, your products become read-only: you can see and export your information but cannot add or change it.

5.3 A failed payment never locks you out of your own information. We do not cancel or delete anything automatically because of non-payment. If an account stays suspended for more than [30] days, a person at Ledgeforge will contact you and decide the next step with you, which may include cancelling the subscription on [14] days' written notice.

5.4 Amounts that remain unpaid stay due. [ATTORNEY: interest on overdue amounts; National Credit Act exclusion; collection costs.]

6. Your data

6.1 You own your data. Everything you put into the Services remains yours. We use it only to provide the Services to you, as set out in the Operator Terms.

6.2 Export. An owner can download a full export of each product at any time while subscribed, including while read-only, and for 90 days after cancelling (Annex C).

6.3 IMPORTANT: AUTOMATIC DELETION 90 DAYS AFTER A SUBSCRIPTION ENDS. When a product's subscription ends (because you cancel, close your organisation, or we end it under these terms), the owner may download that product's data for 90 days after its last day of access. Downloads stay available until the end of the 90th day (24:00 UTC). Straight after that, everything your organisation put into that product is permanently and automatically deleted, including your accounting records, ledger, users, uploaded files and settings. No further request is needed and deleted data cannot be recovered. Ledgeforge keeps only its own invoices to you, payments received from you, the audit log and its notice records (clause 15.3). If you cancel only one product while you keep others, only the cancelled product's data is deleted, straight after that product's 90th day ends; subscribing to it again by the end of that day stops the deletion; your organisation, its users and your other products carry on unchanged. Annex C sets out the details.

6.4 IMPORTANT: KEEPING YOUR RECORDS IS YOUR SOLE RESPONSIBILITY. You are responsible for keeping the records the law requires your business to keep, for as long as the law requires. The Services help, but do not replace, that duty, and Ledgeforge does not keep your records for you after deletion day. It is your sole responsibility to download everything you need within the 90 days. Ledgeforge is not liable for any loss, penalty or cost caused by records not downloaded in time.

6.5 IMPORTANT: KEEP YOUR CONTACT DETAILS UP TO DATE. You must keep every owner's email address and your billing contact correct, current and monitored in the Services. We send invoices, payment warnings, notices under these terms and deletion warnings (30 days and 7 days before deletion) to the addresses in the system. Ledgeforge is not responsible if any of these do not reach you because an address was wrong, no longer exists or was not monitored, and not receiving a warning does not stop or delay deletion.

6.6 Your responsibilities under POPIA. You are the responsible party for the personal information in your data. You must have a lawful basis to put it into the Services and must keep it accurate.

6.7 Aggregated statistics. We may use counts and performance measurements of how the Services are used (for example the number of invoices created per day) to run and improve them. These never identify you, your clients or any person. [ATTORNEY: confirm this is acceptable in light of the Operator Terms' "instructions only" rule.]

7. Acceptable use

You and your Users must follow the Acceptable Use Policy (Annex B). We may suspend a User or the Customer's access in the circumstances set out there.

8. Our intellectual property

8.1 We own the Services, the software, the designs, the "Ledgeforge", "FinSight" and "Loadwyse" names and logos, and the automated analysis rules. You receive a non-exclusive, non-transferable right to use the Services for your own business while your subscription lasts.

8.2 If you send us suggestions or feedback, we may use them freely without paying you.

9. Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for these terms, except where the law requires disclosure. This lasts for [3] years after the agreement ends, and for as long as the law requires for personal information.

10. Warranties

10.1 We will provide the Services with reasonable skill and care, and substantially as described.

10.2 Apart from that, and to the extent the law allows, the Services are provided "as is". We do not promise that they will be uninterrupted or error-free, or that automated analysis will be correct for your purposes.

[ATTORNEY: CPA s54 (quality of services) and s56 cannot be excluded for consumers. Please mark the carve-out.]

11. Limits on our liability

11.1 Nothing in these terms limits liability for fraud, gross negligence, wilful misconduct, or anything else that cannot lawfully be limited.

11.2 We are not liable for indirect or consequential loss, loss of profit or loss of business opportunity, [ATTORNEY: confirm wording valid in South African law].

11.3 Our total liability to you in any 12-month period for all claims together is limited to [THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM / R AMOUNT, WHICHEVER IS HIGHER].

11.4 We are not liable for loss caused by: information you entered or imported; a decision based on automated analysis without review; your failure to keep backups of exports you needed; a User's misuse of their login; or events outside our reasonable control (clause 15.2).

11.5 [Separate cap for data protection breaches caused by us: ATTORNEY to advise. Consider whether to carry cyber or professional indemnity insurance and align the cap with it.]

[ATTORNEY: The old FinSight terms had no cap and said "use entirely at your own risk" alongside "reasonable care". Please replace with a cap you consider enforceable, including against consumers under CPA s48 and s51.]

12. Your indemnity

You will compensate us for third-party claims arising from information you put into the Services without a lawful basis, or from your breach of the Acceptable Use Policy. [ATTORNEY: confirm whether an indemnity from a CPA consumer is enforceable.]

13. Term, cancellation and closing

13.1 Subscriptions are month to month and continue until cancelled. There is no minimum term.

13.2 You may cancel any product at any time in the Services. A paid product you cancel keeps working until the end of the month already being billed; that month is billed. Changing FinSight to the Free plan is a plan change, not a cancellation.

13.3 Cancellation, the 90-day export window, closing an organisation, automatic deletion after the 90th day (clause 6.3) and refunds are dealt with in Annex C. Before you cancel, the Services show you the deletion date and ask you to confirm that you understand it.

13.4 We may end these terms or a subscription: on [60] days' written notice for any reason (for example if we withdraw a product), in which case Annex C's export window applies; or at once by written notice if you materially breach these terms and do not remedy the breach within [14] days of our notice, or if the breach cannot be remedied.

14. Suspension

We may suspend access, wholly or for one User, without notice where reasonably necessary: to stop a security threat or attack; if a User breaches the Acceptable Use Policy in a way that harms the Services, other Customers or third parties; or if the law or a regulator requires it. We will restore access as soon as the reason has gone and tell you why we suspended it, unless the law prevents us.

15. General

15.1 Changes to these terms. We will give at least [30] days' notice by email to owners and in the Services before a change that is not in your favour takes effect. If you do not accept it, you may cancel before it takes effect. Continued use after that date counts as acceptance.

15.2 Events outside our control. Neither of us is liable for failure caused by events beyond reasonable control, including load-shedding beyond our hosting provider's protections, failure of internet networks, or failure of PayFast or AWS not caused by us. [ATTORNEY: confirm load-shedding wording.]

15.3 Notices. We send notices to the owners' email addresses and the billing contact as they are in the Services (see clause 6.5). Notice records: for every email carrying a legal, payment or account notice (including invitations, invoices, payment reminders, suspension notices, cancellation confirmations and deletion warnings) we keep a record of the address it was sent to, the time, a copy or fingerprint of its content, the email provider's message ID and the sending and delivery result. You agree that we may rely on these records as proof that a notice was sent, when, and to which address, unless you show otherwise. We keep them for 5 years, including after your data has been deleted. [ATTORNEY: confirm wording on evidential weight (ECTA s15 admissibility of data messages) and the 5-year period.] You send notices to [LEGAL EMAIL] or to our address in clause 1.1. Email is written notice (ECTA s12 and s13).

15.4 Assignment. You may not transfer these terms without our written consent. We may transfer them to a buyer of the business or a related company on notice to you.

15.5 Whole agreement. These terms and their annexes are the whole agreement about the Services.

15.6 Governing law. South African law applies. [ATTORNEY: jurisdiction, magistrates' court consent under s45 of the Magistrates' Courts Act, and whether to add mediation first.]

15.7 Company information (ECTA s43). Full name: Ledgeforge Software (Pty) Ltd. Legal status: private company. Registration number: 2026/774859/07. Address: as in clause 1.1. Director: Jeffrey Nash (sole director). Email: [EMAIL]. Telephone: 083 550 0535. VAT: not registered. Information Officer and PAIA manual: see our website.