Terms of Service

Effective date: 27 February 2026 · Last updated: 5 April 2026

These Terms of Service ("Terms") govern your access to and use of the ClearComply platform ("Platform") operated by NHM Global Advisory (Pty) Ltd (Registration No. 2026/175933/07), trading as ClearComply ("we", "us", "our"), a company registered in the Republic of South Africa with its registered address at First Floor, 61 Katherine Street, Sandton, 2196.

By creating an account, accessing, or using the Platform, you ("you", "your", the "User") agree to be bound by these Terms. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Description of Service

ClearComply provides a software-as-a-service platform that helps South African businesses:

• Check their compliance status against CIPC records, including Beneficial Ownership declarations and Gazette publications.
• Track compliance obligations, deadlines, and filing requirements across multiple regulatory bodies (CIPC, SARS, Department of Employment and Labour, and others).
• Receive automated deadline reminders and compliance notifications.
• Access step-by-step remediation guides to resolve compliance issues.
• Generate compliance reports and diagnostic summaries using AI-assisted analysis.
• Access Lead Intelligence (Enterprise plan add-on): enriched contact details and compliance issue classifications for CIPC-flagged companies, sourced from public records and third-party enrichment providers, for business development purposes.

2. Important Disclaimer — Not Legal Advice

3. Account Registration

3.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Platform. By registering, you confirm that the information you provide is accurate and complete.

3.2 Account security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@clearcomply.co.za if you suspect unauthorised access to your account.

3.3 One account per company

Each company registration number may only be associated with one primary account. Additional team members may be added under the Enterprise plan.

4. Subscription Plans and Pricing

4.1 Free CIPC Check

A one-time CIPC compliance check is available at no cost and does not require an account. This provides a summary diagnostic only.

4.2 Basic plan

The Basic plan includes a 21-day free trial. During the trial, you have full access to Basic plan features. After the trial period, the Basic plan is billed at R49 per month. A valid payment method is required at signup. No charge is made during your trial period. If a payment method is on file when your trial ends, your subscription will automatically convert to a paid monthly subscription.

4.3 Paid plans

Paid plans (Basic, Pro, and Enterprise) are billed monthly in South African Rand (ZAR). Prices are inclusive of VAT where applicable. Current pricing is displayed on our Pricing page and may be updated from time to time with at least 30 days' written notice via email.

4.4 Payment processing

Payments for ClearComply subscriptions are processed by Aetherion Capital LLC (a US-registered entity) on behalf of NHM Global Advisory (Pty) Ltd, through Stripe, a PCI-DSS Level 1 certified payment provider. Your bank or credit card statement may reflect Aetherion Capital LLC or NHM/ClearComply as the merchant of record.

We do not store your credit card or bank account details on our servers. Your payment information is securely managed by Stripe to facilitate recurring billing.

4.5 Billing cycle

Subscriptions are billed on a monthly cycle. Your billing date is determined by the date your paid subscription began (or the date your trial converted to a paid plan). You will receive a payment confirmation email and a downloadable invoice for each successful charge.

4.6 Failed payments and retries

If a scheduled payment fails (due to insufficient funds, expired card, or other reasons):

• We will notify you by email within 24 hours of the failed payment.
• Your account will be placed in a "Past Due" status. You will retain access to your data but certain features may be restricted.
• We will attempt to process the payment again after 3 days and again after 7 days.
• If payment remains unsuccessful after 14 days, your account will be downgraded to limited access. You may update your payment method at any time via your billing settings to restore full access.
• No late fees or penalty charges will be applied for failed payments.

4.7 Upgrading and downgrading

You may upgrade or downgrade your plan at any time through your billing settings:

• Upgrading: When upgrading to a higher plan, the new plan takes effect immediately. You will be charged the full amount of the new plan on your next billing date. No pro-rated charges apply for the remainder of the current billing period — you effectively receive the upgraded features at no extra cost until your next billing cycle.
• Downgrading: When downgrading, your current plan features remain active until the end of the current billing period. The lower plan rate takes effect from your next billing date.

4.8 Cancellation

You may cancel your paid subscription at any time through your account settings. Upon cancellation:

• Your paid features remain active until the end of the current billing period.
• No further charges will be made after the current billing period ends.
• Your data is retained and remains accessible. You may resubscribe at any time to regain full access.
• If you cancel during a free trial, cancellation takes effect immediately and no charges are applied.

4.9 Refunds

In accordance with the Consumer Protection Act 68 of 2008 ("CPA") and the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"):

• You may request a full refund within 7 days of your initial subscription purchase if you have not substantially used paid features during that period.
• Refund requests after 7 days will be assessed on a case-by-case basis.
• Refunds are processed via the original payment method and typically take 5–10 business days to reflect.
• To request a refund, email billing@clearcomply.co.za with your company name and the reason for your request.

4.10 Chargebacks and payment disputes

If you believe a charge is incorrect, please contact us at billing@clearcomply.co.za before initiating a chargeback with your bank. We are committed to resolving billing disputes promptly and fairly:

• We will investigate and respond to billing queries within 2 business days.
• If a charge is found to be in error, we will issue a refund within 5 business days.
• Chargebacks initiated without first contacting us may result in temporary suspension of your account pending resolution.
• All payment disputes are subject to our payment provider's dispute resolution procedures in addition to our own.

5. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable South African or international law.
• Attempt to gain unauthorised access to the Platform, other user accounts, or our systems.
• Reverse engineer, decompile, or disassemble any part of the Platform.
• Use automated scripts, bots, or scrapers to access the Platform without our written consent.
• Upload malicious code, viruses, or any content that could harm the Platform or other users.
• Resell, sublicense, or redistribute access to the Platform without our written consent.
• Use the Platform to collect personal information of other users without their consent.
• Misrepresent your identity or company information.

6. Intellectual Property

6.1 Our intellectual property

The Platform, including its design, code, features, content, trademarks, and logos, is owned by NHM Global Advisory (Pty) Ltd and is protected by South African and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Platform as described herein.

6.2 Your content

You retain ownership of all data and content you upload to the Platform ("Your Content"). By uploading content, you grant us a limited, non-exclusive licence to store, process, and display Your Content solely to provide the services described in these Terms. We will not use Your Content for any other purpose without your consent.

6.3 CIPC data

Compliance data sourced from the Companies and Intellectual Property Commission (CIPC) is publicly available government data. We do not claim ownership of CIPC data. Our value lies in the aggregation, analysis, and presentation of this data.

7. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Platform, you acknowledge that you have read and understood our Privacy Policy.

8. Service Availability and Modifications

8.1 Availability

We strive to maintain the Platform's availability but do not guarantee uninterrupted or error-free access. We may temporarily suspend the Platform for maintenance, updates, or circumstances beyond our control.

8.2 Modifications

We reserve the right to modify, update, or discontinue features of the Platform at any time. For material changes that reduce functionality of a paid plan, we will provide at least 30 days' notice and, where appropriate, offer a pro-rated refund.

9. Third-Party Data and Information Accuracy

9.1 Data provided "as is"

All data, reports, compliance checks, and information provided through the Platform are made available on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of accuracy, completeness, merchantability, or fitness for a particular purpose. Data sourced from third parties may contain errors, may be incomplete, and may be out of date.

9.2 Your responsibility to verify

You are responsible for making your own independent investigations, checks, and enquiries regarding all data and information provided through the Platform. You must verify all data with the original source (such as CIPC, SARS, or the relevant regulatory authority) before relying on it or taking action based on it. You bear full responsibility for checking and verifying any information with the relevant third-party source.

9.3 Lead Intelligence data

The Lead Intelligence add-on (available to Enterprise subscribers) provides contact details enriched from publicly available sources. Lead Intelligence data is intended for general informational and business development purposes only. Specifically:

• Contact details (email addresses, phone numbers, websites) are sourced from publicly available business directories and enrichment providers and may be inaccurate, outdated, or incomplete.
• Compliance issue classifications are derived from CIPC public records and Government Gazette publications and may not reflect the current compliance status of the company.
• You are solely responsible for verifying the accuracy of all contact details before initiating outreach.
• Your use of Lead Intelligence data must comply with POPIA, including Section 11 (lawful processing), Section 14 (direct marketing by means of unsolicited electronic communications), and Section 69 (direct marketing). You may only contact leads using Lead Intelligence data where you have a legitimate interest or have obtained the necessary consent.
• We do not guarantee the deliverability of email addresses or the accuracy of phone numbers provided through Lead Intelligence.
• ClearComply reserves the right to modify, limit, or remove Lead Intelligence data at any time without notice.

9.4 No deduction for inaccuracy

You may not withhold, deduct, or offset any payment due to ClearComply on the basis that data or information provided through the Platform was incomplete, inaccurate, or incorrect. Your sole remedy for inaccurate data is to report the inaccuracy through the Platform and to verify the information independently.

10. Limitation of Liability

To the maximum extent permitted by South African law:

• No liability for compliance outcomes: We are not responsible for any penalties, fines, losses, damages, or costs arising from your reliance on information provided by the Platform, missed compliance deadlines, or incorrect or incomplete data. The Platform is an aid — ultimate responsibility for compliance rests with you.
• Data accuracy: While we strive to provide accurate and up-to-date information, we source data from third-party government databases and commercial enrichment providers that may contain errors, delays, or omissions. We do not warrant the accuracy, completeness, or timeliness of CIPC, Government Gazette, or any other third-party data.
• Third-party data: We accept no liability or responsibility for data or information obtained from third-party suppliers. All such data is provided for general informational purposes only and should not be relied upon as the basis for business decisions without independent verification.
• Lead Intelligence: We shall not be liable for any loss, damage, or cost arising from inaccurate contact details, failed outreach attempts, or any action taken based on Lead Intelligence data.
• Indirect damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill.
• Maximum liability: Our total aggregate liability for any claims arising from or relating to your use of the Platform shall not exceed the total fees paid by you to us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability for fraud, gross negligence, or any liability that cannot be excluded under South African law, including the CPA where applicable.

11. Indemnification

You agree to indemnify, defend, and hold harmless NHM Global Advisory (Pty) Ltd, its directors, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform in violation of these Terms.
• Your violation of any applicable law or third-party rights.
• Any content you upload to the Platform.

12. Termination

12.1 By you

You may close your account at any time by contacting us at support@clearcomply.co.za or through your account settings.

12.2 By us

We may suspend or terminate your account if you breach these Terms, engage in fraudulent activity, or if required by law. Where possible, we will provide notice before termination and an opportunity to export your data.

12.3 Effect of termination

Upon termination, your right to access the Platform ceases immediately. We will retain your data for the period specified in our Privacy Policy, after which it will be securely deleted.

13. Dispute Resolution

13.1 Informal resolution

Before initiating any formal proceedings, you agree to contact us at legal@clearcomply.co.za and attempt to resolve the dispute informally for at least 30 days.

13.2 Mediation

If informal resolution fails, either party may refer the dispute to mediation administered by the Arbitration Foundation of Southern Africa (AFSA) before pursuing litigation.

13.3 Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any legal proceedings shall be brought exclusively in the courts of the Gauteng Division of the High Court, Johannesburg.

14. Consumer Protection

If you qualify as a "consumer" under the Consumer Protection Act 68 of 2008, nothing in these Terms is intended to limit or exclude any rights you may have under the CPA, including the right to fair and honest dealing, the right to fair value and quality, and the right to accountability from suppliers.

15. Electronic Communications (ECTA)

In accordance with the Electronic Communications and Transactions Act 25 of 2002, you consent to receiving electronic communications from us (including emails, in-app notifications, and platform messages) and agree that such communications satisfy any legal requirement for written communication.

16. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy and any plan-specific terms, constitute the entire agreement between you and us.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights to a successor entity in the event of a merger, acquisition, or sale of assets.
• Force majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, power outages, internet disruptions, government actions, or pandemics.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may close your account before they take effect.

18. Contact Us

For questions about these Terms, contact us at:

• Email: legal@clearcomply.co.za
• General support: support@clearcomply.co.za
• Post: NHM Global Advisory (Pty) Ltd, First Floor, 61 Katherine Street, Sandton, 2196