Acceptance of these terms
These Terms of Service govern access to and use of Actis Docs, a platform developed and provided by Salus Software Pty Ltd.
By accessing or using Actis Docs, users agree to be bound by these terms. If a user does not agree, that user must not access or use the platform.
Salus Software may update these terms from time to time. Continued use of the services after an update takes effect constitutes acceptance of the updated terms.
Key definitions
- Services means the features, tools, workflows, interfaces, and functionality provided through Actis Docs.
- User Content means documents, files, data, and other information uploaded, submitted, transmitted, stored, requested, or otherwise made available through the services by or on behalf of a user.
- Third-Party Services means content, products, integrations, software, or services supplied by parties other than Salus Software.
- Subscriber or Customer generally means the business or person using Actis Docs.
Use of the services
Actis Docs may be used only for lawful purposes and in accordance with these terms.
Users must not:
- violate applicable law or regulation;
- attempt to gain unauthorized access to any part of the services, systems, accounts, or data;
- interfere with the operation, stability, or security of the platform;
- misuse the services in a way that could harm Salus Software, other users, or third parties.
Accounts and user responsibilities
Where account registration is required, users are responsible for maintaining the confidentiality of their login credentials and for all activity carried out through their accounts.
Users should promptly notify Salus Software of any suspected unauthorized access, credential compromise, or account misuse.
Service availability, maintenance, and changes
The services are provided on an “as available” and “as is” basis. Salus Software uses reasonable efforts to make Actis Docs available, but does not guarantee uninterrupted operation, fault-free performance, or any minimum uptime level unless expressly agreed in a separate written service level agreement signed by an authorised representative.
Access to all or part of the services may be suspended, interrupted, limited, modified, withdrawn, or discontinued where reasonably necessary for:
- scheduled or emergency maintenance;
- system upgrades, patches, or repairs;
- security threats, abuse prevention, or vulnerability response;
- technical failures or infrastructure issues;
- compliance with law or lawful authority requests;
- business, technical, product, or operational reasons.
Salus Software will endeavour to give advance notice of scheduled maintenance where reasonably practicable, but prior notice is not guaranteed where interruption is urgent or outside reasonable control.
Specific features, workflows, integrations, limits, or functionality may be updated, replaced, removed, suspended, or discontinued at Salus Software’s discretion unless expressly agreed otherwise in writing.
User content, ownership, and licence
As between the user and Salus Software, users retain all right, title, and interest in and to their User Content.
Users grant Salus Software a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, reproduce, format, encrypt, and display User Content solely to the extent necessary to:
- provide, operate, maintain, and improve the services;
- facilitate document request, delivery, collection, review, and related workflows initiated by or on behalf of users;
- provide technical support, backup, security, fraud prevention, troubleshooting, and system administration;
- comply with applicable law, lawful authority requests, and legal obligations.
Salus Software does not acquire ownership of User Content and does not sell, lease, or commercially exploit User Content except as expressly permitted by these terms, the privacy policy, or applicable law.
Users remain solely responsible for their User Content, including its legality, quality, accuracy, integrity, reliability, appropriateness, and the existence of any rights, permissions, authorisations, consents, or lawful grounds necessary to use it through the services.
Privacy, intellectual property, and third-party services
Personal information is handled in accordance with the Actis Docs Privacy Policy. While reasonable measures are taken to protect data, Salus Software is not responsible for unauthorized access, data loss, or disclosure caused by third parties outside its reasonable control.
All platform content excluding User Content, including software, branding, logos, documentation, interface materials, and related intellectual property, is owned by Salus Software or its licensors. Users may not copy, modify, distribute, reverse engineer, or create derivative works from the platform except where expressly permitted in writing or required by law.
Salus Software is not responsible for the accuracy, legality, quality, or performance of Third-Party Services. Any dealings with such providers are solely between the user and the applicable third party.
Disclaimers
To the fullest extent permitted by law, Actis Docs and all related services are provided without warranties of any kind, whether express, implied, or statutory.
Salus Software disclaims, to the maximum extent permitted by law, all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
Without limiting the generality of the above, Salus Software does not warrant that the services will always be accurate, complete, secure, uninterrupted, available, reliable, or suitable for every use case.
Indemnity and limitation of liability
Users agree to defend, indemnify, and hold harmless Salus Software and its affiliates, officers, directors, employees, and agents from third-party claims, liabilities, damages, or expenses arising from:
- use of the services;
- breach of these terms;
- infringement of intellectual property or other rights;
- User Content;
- transactions or dealings with third-party providers.
To the fullest extent permitted by law, Salus Software’s total liability arising out of or related to the services or these terms is limited to the greater of USD 100, or the amount paid by the user for the services during the 12 months preceding the event giving rise to the claim.
Salus Software is not liable for indirect, incidental, special, punitive, or consequential damages, including loss of revenue, loss of profits, loss of goodwill, loss of data, or business interruption, except to the extent liability cannot lawfully be excluded or limited.
Dispute resolution, governing law, and urgent relief
If a dispute, claim, or disagreement arises out of or in connection with these terms, the services, or the relationship between the parties, the parties must first attempt to resolve the matter privately and in good faith through informal negotiations.
Either party may give written notice of the dispute. The parties will then use reasonable efforts to resolve it through direct discussions within 15 business days, or such longer period as may be agreed in writing.
If the dispute is not resolved informally, it must be referred to confidential arbitration in the Republic of South Africa, in English, before one arbitrator, in accordance with South African arbitration law and, where applicable, the rules of the Arbitration Foundation of Southern Africa or any successor body.
The seat of arbitration is Pretoria, Gauteng, South Africa, unless Salus Software designates another location in South Africa in the arbitration notice or the parties agree otherwise in writing.
Negotiations, mediation proceedings, arbitration proceedings, submissions, evidence, exchanged documents, and awards are confidential except where disclosure is required by law, necessary for professional advice subject to confidentiality, needed to enforce or challenge an award, or otherwise agreed in writing.
Disputes must be brought only in the parties’ individual capacities and not as part of any class, representative, or consolidated action to the fullest extent permitted by law.
Nothing in these terms prevents either party from approaching a court of competent jurisdiction in South Africa for urgent, interim, interlocutory, or injunctive relief, including relief needed to protect confidential information, intellectual property, data, systems, or security interests pending the outcome of arbitration.
These terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles.
Termination and effect of termination
Salus Software may suspend or terminate access to the services immediately if a user breaches these terms. Users may stop using the services and close their accounts at any time, subject to any applicable notice periods, subscription terms, or payment obligations.
Upon termination, all rights granted under these terms immediately cease.
Subject to applicable law, legal hold requirements, dispute preservation, security needs, and these terms, User Content and associated personal information will be deleted or irreversibly anonymized within a commercially reasonable period after account deletion or termination.
Certain information may be retained for legal compliance, security, fraud prevention, dispute resolution, business records, or anticipated legal claims. Once information has been deleted in accordance with the applicable retention process, Salus Software has no obligation to restore or recover it except where required by law.
Regional variations and mandatory rights
Some jurisdictions give consumers non-excludable statutory rights. Where those rights apply, they override conflicting provisions of these terms to the extent required by law.
This may include, depending on the region, rights relating to withdrawal periods, consumer guarantees, remedies for major failures, or other mandatory protections under legislation such as South African consumer law, Australian Consumer Law, the EU Consumer Rights framework, or similar laws.
Refund policy
This refund policy forms part of the Actis Docs terms and governs payments, subscriptions, and related fees for the service.
Nature of the service
Actis Docs is a subscription-based software-as-a-service platform for document request workflows, temporary document handling, and secure intermediary processing between subscribers and their clients. Access is provided immediately upon subscription activation and the service is considered a consumed digital service once activated and/or used.
Pricing and renewal
Subscription fees and other pricing may be changed by Salus Software on reasonable notice before the next billing cycle. Subscriptions are billed in advance on a recurring basis unless cancelled before renewal. Charges incurred on renewal are generally non-refundable.
General no-refund position
To the fullest extent permitted by law, subscription fees are non-refundable. No refunds, credits, or partial reimbursements are provided for unused subscription time, partial billing periods, non-use, user error, failure to retrieve documents in time, or similar circumstances.
Data expiry and document retention
Actis Docs operates with a limited retention window. Documents not downloaded, approved, or rejected within the applicable retention period may be permanently deleted and may need to be re-submitted. No refund or compensation is provided for expired or deleted documents, missed deadlines, or failure to manage documents within the retention period.
Service interruptions
Except where required by law or in limited circumstances determined by Salus Software, refunds are not issued for temporary outages, maintenance, third-party provider interruptions, connectivity issues, or force majeure events.
Exceptional cases
Refunds may be considered only in limited circumstances such as verified duplicate payments, billing errors caused by Salus Software, or where a refund is required by mandatory law. Any such refund does not waive the general policy.
Chargebacks and disputes
Users are encouraged to contact Salus Software before initiating a chargeback. Salus Software reserves the right to suspend or terminate accounts, recover outstanding fees, and contest chargebacks with supporting evidence where appropriate.
Miscellaneous
The parties are independent contractors. Nothing in these terms creates a partnership, agency, joint venture, employment relationship, or fiduciary relationship.
If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in full force to the extent permitted by law.
These terms, together with any applicable subscription plan, order, service schedule, refund policy, or related legal terms, form the entire agreement between the user and Salus Software regarding Actis Docs unless otherwise expressly agreed in writing.
Contact information
Questions or concerns relating to these terms may be directed to:
Salus Software (Pty) Ltd
Hartbeespoort, North West Province, South Africa
Email: legal@salus-software.com