Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and LeadTime (“LeadTime”, “we”, “our”, or “us”). By registering for, accessing, or using the LeadTime platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not use LeadTime.

2. Description of Service

LeadTime is a cloud-based notification and business management platform that enables registered business users to send automated notifications to their clients and contacts via email, SMS, and WhatsApp, and to create and send invoices to their clients. The platform is operated for businesses operating worldwide.

3. Eligibility

To use LeadTime, you must:

• Be at least 18 years of age.
• Have the legal capacity to enter into a binding contract.

4. Account Registration

You must register for an account to use LeadTime. When registering, you agree to:

• Provide your accurate email address.
• Keep your login credentials confidential and not share them with any third party.
• Notify us immediately at support@anouksolutions.com if you suspect any unauthorised access to your account.

You are solely responsible for all activity that occurs under your account. LeadTime will not be liable for any loss or damage arising from your failure to maintain the security of your account.

5. Subscription and Payment

5.1 Subscription Model

Access to LeadTime is provided on a monthly paid subscription basis. Subscription fees are billed in advance each month.

5.2 Payment Processing

Payments are processed securely via PayPal. By subscribing, you authorise LeadTime to charge your chosen payment method the applicable subscription fee on a recurring monthly basis.

5.3 Price Changes

We reserve the right to change our subscription pricing. We will provide at least 30 days’ written notice of any price change via email before the new price takes effect.

5.4 Refunds

Monthly subscription fees are non-refundable except where required by South African consumer protection law or where we have materially failed to provide the service as described.

5.5 Failed Payments

If a payment fails, we may suspend access to your account until payment is successfully processed. We will notify you by email if a payment fails.

6. Acceptable Use

You agree to use LeadTime only for lawful purposes and in a manner consistent with these Terms. You must not:

• Use the platform to send spam, unsolicited bulk messages, or any communication that violates the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) or the Consumer Protection Act, 68 of 2008 (“CPA”).
• Send notifications containing unlawful, abusive, defamatory, obscene, or otherwise objectionable content.
• Use the platform to harass, threaten, or harm any individual.
• Attempt to gain unauthorised access to any part of the platform or its underlying systems.
• Upload or transmit any malware, viruses, or other harmful code.
• Use the platform in any way that could damage, disable, or impair LeadTime’s infrastructure.
• Violate any applicable South African law or regulation.

7. Recipient Data and Messaging Compliance

As a User of LeadTime, you are responsible for ensuring that:

• You have obtained all necessary consents from the recipients of your notifications, as required by POPIA, ECTA, and the CPA.
• You honour all opt-out or unsubscribe requests from recipients promptly.
• The content of your notifications complies with all applicable laws.

LeadTime processes recipient contact information (email address or phone number) on your behalf as an operator under POPIA. You, as the responsible party, remain accountable for the lawful collection and use of such data.

8. Invoicing Feature

8.1 Description of the Invoicing Feature

LeadTime provides Users with the ability to create, store, and send invoices to their clients directly through the platform. This feature is provided as a convenience tool to assist Users in managing their billing and client communications.

8.2 Your Responsibility for Invoice Content and Accuracy

You are solely responsible for the accuracy, completeness, and lawfulness of all invoices you create through LeadTime. LeadTime does not verify, review, or validate the content of your invoices. Specifically, you are responsible for ensuring that:

• All amounts, descriptions, quantities, and dates on your invoices are accurate.
• Your invoices comply with the requirements of the Value-Added Tax Act 89 of 1991 (“VAT Act”) if you are a VAT-registered vendor, including the mandatory fields required for a valid tax invoice under section 20 of the VAT Act.
• Your invoices include all information required by applicable South African law, including your business name, address, and VAT registration number (if applicable).
• You issue invoices within 21 days of making a taxable supply, as required under the VAT Act.

LeadTime is not a tax, accounting, or VAT advisory service. Nothing in these Terms or on the platform constitutes tax or financial advice. You are solely responsible for your VAT and tax compliance obligations. We recommend that you consult a registered tax practitioner or accountant regarding your invoicing and VAT obligations.

8.3 Client Data Used in Invoices

When creating invoices, you will enter personal information belonging to your clients, including their name, email address, and physical or postal address. You confirm that:

• You have a lawful basis under POPIA to collect and process your clients’ personal information.
• You are authorised to provide your clients’ personal information to LeadTime for the purpose of generating invoices.
• You will not enter personal information that you are not authorised to process.

LeadTime processes your clients’ personal information as an operator on your behalf under POPIA. You remain the responsible party in respect of your clients’ data and are accountable for its lawful collection, use, and protection.

8.4 Storage of Invoices

All invoices created through LeadTime are stored on LeadTime’s servers. You may access, view, and download your invoices through your account for as long as your account remains active. Upon termination of your account, your invoice records will be retained by LeadTime for a minimum of 5 (five) years in accordance with SARS record-keeping requirements under the Tax Administration Act 28 of 2011. You are responsible for downloading and maintaining your own copies of your invoices for compliance with any applicable record-keeping obligations, including the 7 (seven) year retention period required under the Companies Act 71 of 2008 where applicable.

8.5 VAT Compliance Disclaimer

LeadTime’s invoicing feature does not automatically calculate VAT or determine your VAT liability. Any VAT amounts shown on invoices are based solely on the information you enter. LeadTime does not submit invoice data to SARS on your behalf and does not guarantee that invoices generated through the platform will satisfy all SARS requirements in all circumstances. You are responsible for your own VAT registration, calculation, reporting, and payment obligations.

8.6 No Financial or Accounting Advice

The invoicing feature is a document generation and sending tool only. LeadTime is not a registered tax practitioner, accountant, or financial services provider. Nothing in the invoicing feature or these Terms constitutes financial, accounting, tax, or legal advice. You are solely responsible for your own financial and legal compliance.

9. Intellectual Property

All content, features, and functionality of the LeadTime platform, including but not limited to software, design, trademarks, and logos, are the exclusive property of Anouk Solutions (Pty) Ltd and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use LeadTime’s intellectual property except as strictly necessary to use the platform as intended.

10. Suspension and Termination

10.1 Termination 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 platform until that date.

10.2 Termination by LeadTime

We may suspend or terminate your account with immediate effect if:

• You breach any provision of these Terms.
• Your account is used to send unlawful or abusive messages.
• Payment is not received after reasonable notice.
• We are required to do so by law or regulatory authority.

Where possible, we will provide notice before suspension or termination.

10.3 Effect of Termination

Upon termination, your right to access the platform ceases immediately. Your invoice records will be retained in accordance with Clause 8.4. We will delete all other account data in accordance with our data retention policy as described in our Privacy Policy.

11. Disclaimers and Limitation of Liability

To the maximum extent permitted by South African law:

• The LeadTime platform is provided “as is” and “as available” without warranties of any kind, whether express or implied.
• We do not warrant that the platform will be uninterrupted, error-free, or completely secure.
• We are not liable for the content of notifications or invoices sent by Users through the platform.
• We are not liable for any errors in invoice amounts, VAT calculations, or client details entered by Users.
• We will not be liable for any indirect, incidental, special, or consequential damages arising out of your use of or inability to use the platform.
• Where any error arises from a defect, bug, or malfunction in the LeadTime platform itself, our liability for such error is limited as set out in this Section 11, including the liability cap below.
• Our total liability to you for any claim arising out of or related to these Terms shall not exceed the total subscription fees paid by you in the three months preceding the event giving rise to the claim.

12. Indemnity

You agree to indemnify and hold harmless LeadTime, its directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including legal costs) arising from your use of the platform, breach of these Terms, violation of any applicable law, or any invoice you create or send through the platform including any VAT non-compliance or inaccurate invoice content.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the South African courts.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by email at least 14 days before the changes take effect. Continued use of the platform after the effective date of the revised Terms constitutes your acceptance of those Terms.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

16. Contact Us

If you have any questions about these Terms, please contact us at: