Terms and Conditions – SmartCapture.online

Effective Date: October 2, 2025
Last Updated: October 2, 2025

Welcome to SmartCapture.online - a lead capture and automation platform ("the Service") developed and operated by Fusion Automation Solution (Pty) Ltd ("FAS", "we", "us", "our"), a company registered in the Republic of South Africa (Reg. No: 2025/359822/07).

By accessing or using SmartCapture.online, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, please do not use the Service.

1. Definitions

  • "User" / "You" – any individual or entity accessing or using SmartCapture.online.
  • "Service" – the SmartCapture.online website, platform, and related tools.
  • "Content" – any data, information, images, documents, or other material uploaded or processed through the Service.

2. Eligibility

To use this Service, you must be:

  • At least 18 years old.
  • Legally capable of entering into binding contracts in your country.
  • Using the Service for lawful business or personal purposes.

3. Account Registration

  • Users may need to register for an account to access certain features.
  • You must provide accurate, complete, and current information.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You agree to notify us immediately of any unauthorised use.

4. Use of the Service

You agree to use SmartCapture.online only for lawful purposes and not to:

  • Upload illegal, defamatory, or harmful content.
  • Attempt to hack, disrupt, or reverse-engineer the platform.
  • Use the Service for spam, fraud, or unauthorised data harvesting.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

5. Data Privacy and Compliance

We are committed to complying with POPIA (South Africa), GDPR (EU), and other relevant data protection laws.

  • By using the Service, you consent to our processing of data as described in our Privacy Policy.
  • You are solely responsible for ensuring you have lawful rights to upload and process any data you provide.

6. Fees and Payments

  • SmartCapture.online may offer free and paid plans.
  • Paid subscriptions will be billed in advance on a recurring basis unless cancelled.
  • Prices are subject to change with prior notice.

7. Intellectual Property

  • All content, trademarks, and technology used in SmartCapture.online are owned by Fusion Automation Solution (Pty) Ltd.
  • You are granted a limited, non-transferable license to use the Service for its intended purpose.
  • You may not copy, distribute, or modify any part of the platform without prior written consent.

8. User Content

  • You retain ownership of any content you upload.
  • By uploading, you grant us a license to store, process, and display the content solely for providing the Service.
  • You are responsible for ensuring that your content does not violate any third-party rights or laws.

9. International Use

  • SmartCapture.online is accessible worldwide.
  • Users outside South Africa are responsible for ensuring their use complies with local laws.
  • We make no representation that the Service is appropriate or available in all jurisdictions.

10. Limitation of Liability

  • The Service is provided "as is" and "as available" without warranties of any kind.
  • We do not guarantee uninterrupted, error-free, or secure operation.
  • To the maximum extent permitted by law, FAS shall not be liable for any indirect, incidental, or consequential damages.

11. Indemnification

You agree to indemnify and hold harmless Fusion Automation Solution (Pty) Ltd from any claims, damages, or expenses arising from:

  • Your use of the Service
  • Your breach of these Terms
  • Any content you submit or process through the platform

12. Termination

We may suspend or terminate your account at any time, without notice, if we believe you have violated these Terms or any applicable laws.

13. Changes to Terms

We may update these Terms from time to time. Updates will be posted on this page, and continued use of the Service constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by and construed under the laws of the Republic of South Africa. International users agree to submit to the jurisdiction of South African courts for any disputes.

15. Contact Information

If you have questions about these Terms, please contact us at:
📧 info@smartcapture.online
📍 Fusion Automation Solution (Pty) Ltd, Port Elizabeth, South Africa.