Terms and Conditions for ISO Assistant

ISO Assistant is operated by Mercator Projects Pty Ltd.

Registered name: Mercator Projects Pty Ltd

Registration number: 2019 / 008222 / 07

Director: Eugene van der Watt

Registered in: Republic of South Africa

Physical and legal service address: 23 Cape Point Main Rd, Castle Rock, Simon’s Town, 7975

Telephone: +27 (0)83 226 6899

Email: info@isoassistant.com

Website: https://app.isoassistant.com

In these Terms and Conditions, “we”, “us” and “our” mean Mercator Projects Pty Ltd. “You” and “your” mean the business entity that registers for, accesses, or uses ISO Assistant, together with its authorised users where applicable.

ISO Assistant is a software tool designed to help businesses manage ISO-related systems, records, workflows, and documentation.

ISO Assistant is provided as an administrative and support tool only. It is not legal advice, regulatory advice, certification advice, audit advice, consulting advice, or any other professional advice. Use of ISO Assistant does not guarantee legal compliance, regulatory compliance, certification, successful audits, or conformity with any ISO standard.

You remain solely responsible for your organisation’s compliance obligations, decisions, implementation, records, documentation, policies, procedures, and management systems.

ISO Assistant is offered to businesses only. By registering for or using ISO Assistant, you confirm that you are acting for business purposes and not as a private consumer in your personal capacity.

If you register for or use ISO Assistant on behalf of a company, close corporation, partnership, trust, or other organisation, you confirm that you have authority to bind that organisation to these Terms and Conditions.

By clicking the acceptance box, creating an account, starting a free trial, subscribing, or using ISO Assistant, you acknowledge that you have had an opportunity to read these Terms and Conditions and agree to be bound by them.

You are responsible for ensuring that each person you authorise to use ISO Assistant under your account is made aware of these Terms and Conditions and complies with them.

We may offer a 30-day free trial. During the free trial, you may use ISO Assistant subject to these Terms and Conditions.

At the end of the trial period, continued access to ISO Assistant may require payment of the applicable subscription fee unless we notify you otherwise.

We may change, withdraw, or limit a free trial offer at any time for future users.

After any free trial ends, ISO Assistant is provided on a monthly subscription basis at the pricing published by us from time to time or otherwise agreed in writing.

Subscriptions are billed monthly in advance unless we state otherwise.

You must provide accurate billing information and keep your payment details up to date.

If payment is not received on time, we may suspend or terminate your access to ISO Assistant.

You may cancel your subscription at any time. Cancellation will stop future billing from the next billing cycle unless otherwise stated at the point of purchase. Fees already paid are generally non-refundable, except where a refund is required by applicable law. The ECT Act includes cooling-off rights in certain electronic transactions, so nothing in these Terms removes any non-excludable statutory refund or cancellation right that may apply.

We may change our fees or pricing structure from time to time. Any change will apply prospectively and will not affect fees already invoiced or paid for the current billing period.

Before completing any subscription or payment transaction through the website or app, you will be given an opportunity to review the transaction details and correct input errors where technically possible.

It is your responsibility to ensure that the selected plan, billing information, and account details are correct before submitting the transaction. The ECT Act requires an opportunity to review and correct an electronic transaction before final submission, and these Terms are intended to work alongside that process.

You are responsible for maintaining the confidentiality of your usernames, passwords, and other access credentials.

You are responsible for all activity that occurs under your account or company account, whether authorised by you or not, unless caused solely by our own breach of law or these Terms.

You must notify us promptly if you become aware of unauthorised access, misuse of credentials, or any security incident affecting your account.

Where ISO Assistant is used under a company account with multiple users, the business customer is responsible for all authorised users invited to that account.

You must ensure that only properly authorised persons are given access to ISO Assistant and that access is removed when no longer required.

You are liable for the acts and omissions of your authorised users in connection with ISO Assistant.

ISO Assistant may allow you to upload, create, store, manage, and process your own records, documents, evidence, incidents, audit information, personnel-related information, and other content.

You remain fully responsible for all data and content uploaded to or created within ISO Assistant. You warrant that:

10.1 you have the right and authority to upload, use, store, and process that data and content;

10.2 the data and content are lawful;

10.3 the data and content do not infringe the rights of any third party; and

10.4 the data and content are accurate and appropriate for your intended use.

We do not verify the legality, accuracy, completeness, or suitability of your data or content. You are solely responsible for checking and validating all records, documents, outputs, workflows, and reports before relying on them.

To the extent that you upload or otherwise provide personal information through ISO Assistant, you remain responsible for ensuring that such personal information may lawfully be processed and that any required notices, permissions, authorisations, or other lawful grounds for processing are in place.

We will process personal information in accordance with our Privacy Policy and applicable law.

Where applicable, we act as an operator processing personal information on your behalf, and you authorise us to process such information for the purpose of providing and supporting ISO Assistant.

Both parties will take reasonable steps to protect personal information and maintain appropriate safeguards. POPIA includes obligations relating to operator security measures and notification where there are reasonable grounds to believe personal information has been accessed or acquired by an unauthorised person.

You may not use ISO Assistant in any unlawful, harmful, fraudulent, abusive, defamatory, infringing, or unauthorised manner.

You may not:

12.1 use the platform in breach of any applicable law or regulation;

12.2 upload content that you do not have the right to upload or use;

12.3 interfere with, disrupt, damage, probe, or misuse the platform or related systems;

12.4 attempt to gain unauthorised access to any account, data, system, or network;

12.5 reverse engineer, decompile, copy, resell, sublicense, exploit, or misuse any part of ISO Assistant except to the extent allowed by law; or

12.6 use the platform to transmit malware, spam, or harmful code.

All intellectual property rights in ISO Assistant, including its software, structure, layout, workflows, templates, branding, graphics, text, features, and functionality, belong to Mercator Projects Pty Ltd or its licensors.

Subject to these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use ISO Assistant for your internal business purposes during an active trial or subscription.

No ownership of ISO Assistant or any related intellectual property is transferred to you.

We may update, maintain, modify, suspend, restrict, or discontinue any part of ISO Assistant at any time.

We do not guarantee that ISO Assistant will always be available, uninterrupted, secure, error-free, or free from bugs.

Access may be affected by maintenance, updates, outages, internet failures, hosting failures, third-party service interruptions, technical faults, or other causes beyond our reasonable control.

Your attention is specifically drawn to this clause 15 and to clauses 16, 17, and 18 below, because they limit our risk, exclude certain liability, require you to take certain responsibilities, and may affect your rights. South African consumer law places emphasis on plain language and on drawing attention to risk-limiting terms, so these clauses should also be made reasonably conspicuous in your signup flow.

ISO Assistant is a support tool. It does not replace professional judgment, internal controls, legal review, certification preparation, or audit preparation. You should not rely on ISO Assistant as your sole means of achieving or proving compliance.

ISO Assistant is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we make no warranties, representations, or guarantees, whether express or implied, regarding ISO Assistant, including implied warranties of availability, merchantability, fitness for a particular purpose, accuracy, reliability, compatibility, or non-infringement.

We do not warrant that ISO Assistant will meet your requirements, be uninterrupted, be free of bugs, or result in compliance with any law, regulation, contract, customer requirement, certification scheme, audit requirement, or ISO standard.

To the fullest extent permitted by law, Mercator Projects Pty Ltd will not be liable for any indirect, incidental, consequential, special, punitive, or economic loss arising from or related to ISO Assistant or your use of it. This includes loss of profits, revenue, business, goodwill, opportunity, anticipated savings, data, or business interruption.

Without limiting the above, we will not be liable for loss or damage arising from:

17.1 your reliance on ISO Assistant or any output generated, stored, or managed by it;

17.2 errors, omissions, bugs, downtime, interruptions, delays, or unavailability;

17.3 loss of data, corruption of data, or failure to maintain backups;

17.4 acts or omissions of third-party providers, including hosting, infrastructure, email, payment, or connectivity providers;

17.5 unauthorised access resulting from your failure to secure your credentials; or

17.6 your failure to verify, review, or independently assess information or outputs.

To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or in connection with ISO Assistant or these Terms will not exceed the total subscription fees actually paid by you to us during the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited under South African law. Terms for South African users should not attempt to override non-excludable statutory rights or excuse liability where the law does not permit that.

You agree to indemnify and hold harmless Mercator Projects Pty Ltd, its director, employees, contractors, and affiliates against claims, losses, damages, liabilities, costs, and expenses arising from or related to:

18.1 your use of ISO Assistant;

18.2 your data or content;

18.3 your breach of these Terms and Conditions;

18.4 your violation of any law or third-party rights; or

18.5 the acts or omissions of authorised users under your account.

This indemnity applies only to the extent permitted by law.

You may stop using ISO Assistant and cancel your subscription at any time.

We may suspend, restrict, or terminate your access immediately if:

19.1 you fail to pay fees when due;

19.2 you breach these Terms and Conditions;

19.3 we reasonably believe your use of the platform is unlawful, abusive, harmful, or creates risk for us, the platform, or other users; or

19.4 we decide to discontinue ISO Assistant or any part of it.

Suspension or termination does not affect any rights or obligations that arose before suspension or termination, including payment obligations accrued up to that date.

You agree that electronic records kept by us relating to your acceptance of these Terms, account creation, billing, payments, and use of ISO Assistant will be admissible as evidence of those matters, subject to applicable law.

You should keep your own copy of these Terms and Conditions for future reference.

Our collection and use of personal information are dealt with separately in our Privacy Policy, which forms part of the broader legal framework governing your use of ISO Assistant.

We may update these Terms and Conditions from time to time.

The updated version will take effect from the date it is published on the website or app, or from a later effective date stated in the updated version.

By continuing to use ISO Assistant after the updated Terms take effect, you agree to the revised Terms.

These Terms and Conditions are governed by the laws of the Republic of South Africa.

Any dispute arising from or in connection with these Terms and Conditions or your use of ISO Assistant will be subject to the jurisdiction of the South African courts, unless applicable law requires otherwise.

If you have any questions about these Terms and Conditions, please contact:

Mercator Projects Pty Ltd

23 Cape Point Main Rd

Castle Rock

Simon’s Town

7975

South Africa

Telephone: +27 (0)83 226 6899

Email: info@isoassistant.com