Dailies Terms of Service

These Terms of Service ("Terms") govern your access to and use of Dailies, a platform operated by Masilela Creative Studio (Pty) Ltd ("Dailies", "we", "us", "our"), a private company registered in South Africa under registration number 2021/536143/07, with its registered office at Glen Austin Unit 58, 69 Glen Austin Road, Glen Austin AH, Gauteng, 1685.

By creating an account, accessing, or using Dailies, you agree to be bound by these Terms. If you are agreeing on behalf of a business or other organisation, you confirm that you have the authority to bind that organisation, and "you" refers to that organisation as well as yourself.

If you do not agree to these Terms, you may not use Dailies.

These Terms do not constitute legal advice, either to you or about your own obligations under South African law. If you require legal advice, you should consult a qualified attorney.

Dailies is a business accounting and financial management platform, providing functionality including but not limited to invoicing, billing, expense and receipt tracking, bank reconciliation, financial reporting, document management, and optional AI-assisted features, as further described on our website and within the application.

Dailies also provides an Accountant Workspace, allowing accounting professionals to connect with and provide services to client businesses using the platform, subject to permissions granted by each client business.

We may add, change, or remove features from time to time as the platform evolves. We will endeavour to communicate material changes affecting your use of the service where reasonably practicable.

You must provide accurate and complete information when creating a Dailies account, and keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must notify us promptly at the contact details below if you become aware of any unauthorised access to or use of your account.

Dailies is intended for use by businesses and individuals conducting business activity. You must be legally capable of entering into a binding agreement to use Dailies.

Organisation owners and administrators are responsible for managing the roles and permissions of other users they invite into their organisation, including staff and connected accountants.

Dailies offers a 90-day free trial period from the date an organisation is created. During the trial, you may use the service without selecting a paid plan.

The trial does not automatically convert into a paid subscription.

At the end of the trial period, continued access to paid features requires you to actively select a paid plan and complete the applicable subscription process described in Section 5 below. You will not be charged, and no payment method will be billed, simply because your trial period has ended — a paid subscription only begins once you have completed that process.

We will endeavour to notify you as your trial period approaches its end, but it remains your responsibility to select a plan in time to avoid interruption to paid features.

We may change the length or terms of future trial periods at our discretion; changes will not retroactively affect a trial already in progress.

Dailies' paid subscription plans are billed monthly, at the pricing displayed on our website or within the application at the time of subscription. Plans and pricing may change from time to time; we will provide reasonable notice of any pricing change before it applies to your existing subscription.

Subscription payments are intended to be processed by PayFast, an independent third-party payment processor. PayFast is not controlled by Dailies, and your use of PayFast's payment services will be subject to PayFast's own terms and privacy practices, in addition to these Terms.

As at the effective date of these Terms, PayFast billing integration is live and in use for paying customers.

Subscribing to a paid plan authorises Dailies to charge your selected payment method, via PayFast, on a recurring monthly basis until you cancel in accordance with Section 6 below.

You may cancel your subscription at any time from within your account settings. Cancelling prevents your subscription from renewing at the next billing date. Your access to your paid plan's features continues until the end of the billing period you have already paid for.

We do not currently offer automatic pro-rated refunds for unused time when you cancel partway through a billing period.

This Section does not exclude, limit, or override any cancellation, cooling-off, refund, or other right you may have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or any other applicable South African law that cannot lawfully be excluded or limited by agreement. Where such a statutory right applies to your specific circumstances, that right takes precedence over the position described in this Section.

Certain exclusions under section 42 of the Electronic Communications and Transactions Act — including an exclusion for services that begin with your consent before a statutory cooling-off period ends — may be relevant to how any cooling-off right applies to Dailies' immediate-access free trial. Nothing in these Terms should be read as Dailies asserting that any such exclusion definitely applies to your particular circumstances.

You agree not to use Dailies to: violate any applicable law; infringe the intellectual property or other rights of any third party; upload or transmit malicious code; attempt to gain unauthorised access to any part of Dailies, other users' accounts or organisations, or our underlying systems; interfere with or disrupt the integrity or performance of Dailies; or use the platform to store or process information you are not lawfully entitled to hold.

We may suspend or terminate access for any account we reasonably believe is being used in violation of this Section.

You retain ownership of all data, records, and content you enter into or upload to Dailies ("Your Data"), including customer and supplier records, invoices, financial records, and documents. Your Data is separate and distinct from Dailies' own software and intellectual property, described in Section 9 below.

You grant Dailies a limited licence to host, store, process, back up, and display Your Data solely as necessary for legitimate operational purposes connected with providing the service to you — including hosting, storage, backups, security, disaster recovery, troubleshooting, and the other purposes described in our Privacy Policy. This licence does not extend beyond those legitimate operational purposes.

You are responsible for the accuracy, legality, and appropriateness of Your Data, and for ensuring you have the necessary rights and permissions to enter information about third parties (such as your own customers, suppliers, or employees) into Dailies.

How Dailies processes personal information contained within Your Data — as distinct from Dailies' own processing of your account and billing information — is explained in our Privacy Policy, including the distinction between Dailies acting as a responsible party and as an operator.

Dailies, including its software, design, branding, and underlying technology, is owned by or licensed to Masilela Creative Studio (Pty) Ltd and is protected by applicable intellectual property laws. These Terms do not grant you any ownership interest in Dailies itself, and nothing in Section 8 above grants us any ownership interest in Your Data.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use Dailies for your own internal business purposes for as long as your subscription remains active.

Dailies offers certain AI-assisted features today, and plans to introduce further AI-assisted features over time, as described on our website and in our Privacy Policy. Where an AI feature is currently available, it is provided using Anthropic's Claude API, an independent third-party AI provider. This Section describes features actually available today; it should not be read as committing every future AI feature to Anthropic or any particular provider.

AI-generated suggestions and outputs are provided for your convenience only and may contain errors or inaccuracies. You remain responsible for reviewing, verifying, and approving any AI-generated content before it affects your financial records. We do not guarantee the accuracy of any AI-generated output.

Dailies integrates with independent third-party services, including Google Drive, PayFast, Supabase, Vercel, Anthropic, and Resend, as described in our Privacy Policy. Not every listed integration is enabled for every customer today; this section describes the integrations the platform is built to support. These providers are not controlled by Dailies, and your use of any such integration is also subject to that provider's own terms of service. We are not responsible for the availability, accuracy, security practices, or performance of third-party services we do not operate.

We aim to keep Dailies available and performing reliably, but we do not currently offer a formal service level agreement or uptime guarantee. Dailies is provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding Dailies, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not represent or warrant that Dailies is free of errors, that it is uninterrupted, or that it meets any particular certification or compliance standard not expressly stated in these Terms or our Privacy Policy. This disclaimer is not intended to exclude any mandatory consumer protection that cannot lawfully be excluded, and is not intended to contradict any specific representation made elsewhere about a particular feature's actual current availability or functionality.

Dailies is a tool to help you manage your business's financial records. It is not a substitute for professional accounting, tax, or legal advice, and you remain responsible for the accuracy and compliance of your own financial and tax affairs.

To the fullest extent permitted by law, Masilela Creative Studio (Pty) Ltd will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising out of or related to your use of Dailies.

To the fullest extent permitted by law, our total aggregate liability to you for any claim arising out of or related to these Terms or Dailies will not exceed the total amount you paid to us for the service in the three months preceding the event giving rise to the claim.

Nothing in this Section is intended to exclude or limit any liability that cannot lawfully be excluded or limited under applicable South African law.

Neither party will be liable for any failure or delay in performing its obligations under these Terms where that failure or delay results from an event genuinely outside that party's reasonable control — including major internet or network failures, cloud infrastructure or hosting provider outages, natural disasters, government action, civil unrest, or strikes — to the extent that event genuinely prevents or materially affects that party's ability to perform the relevant obligation.

This Section applies only where the relevant event genuinely prevents or materially affects performance. It is not a general excuse for routine service issues, and does not excuse obligations that are unaffected by the relevant event.

Nothing in this Section removes any right or remedy that applicable law does not permit to be excluded by agreement.

You agree to indemnify and hold Masilela Creative Studio (Pty) Ltd harmless against any claims, losses, liabilities, and expenses (including reasonable legal costs) arising from your breach of these Terms, your violation of any law, or Your Data infringing the rights of any third party.

The Consumer Protection Act 68 of 2008 ("CPA") may apply to your use of Dailies. Whether and how the CPA applies to a particular user or transaction depends on the CPA's own statutory definitions and the specific circumstances involved, and is not automatic simply because a user is a natural person or a business. Where you use Dailies as a juristic person (a company, close corporation, or similar entity), one relevant factor is the threshold set under section 5(2)(b) of the CPA — currently R2 million in asset value or annual turnover, as set by government Gazette notice — though this threshold is one factor among the CPA's broader statutory requirements, not the sole determinant of whether the CPA applies to your circumstances.

Where the CPA applies to you, nothing in these Terms is intended to exclude or limit any right you have under the CPA that cannot lawfully be excluded or limited by agreement.

We may suspend or terminate your access to Dailies if you breach these Terms, if required by law, or if we reasonably believe your account poses a security risk to Dailies or other users.

You may close your account at any time. On termination or closure of your account, your right to access Dailies ends; data retention and deletion following termination are governed by our Privacy Policy.

Sections of these Terms which by their nature should survive termination (including Sections 8, 9, 13, 14, and 15) will continue to apply after your account is closed.

Before closing your account, you may export available business and financial data using Dailies' available export functionality, subject to the capabilities and limitations of those features at the time. We do not currently guarantee a particular export format, timeframe, or permanent availability of any export feature, and we encourage you to export any data you wish to retain before closing your account.

Detailed rules on data retention and deletion following account closure are set out in our Privacy Policy.

We may assign or transfer these Terms, and our rights and obligations under them, in whole or in part, in connection with a merger, acquisition, sale of substantially all of our assets, corporate restructuring, or similar transaction, without requiring your consent.

You may not assign or transfer your rights or obligations under these Terms without our prior consent, except where the transfer arises from a legitimate restructuring, merger, or sale of your own business, in which case we will not unreasonably withhold that consent.

Nothing in this Section affects any right that applicable law does not permit to be excluded or limited by agreement.

We may update these Terms as Dailies evolves or our legal obligations change. The "last updated" date above reflects the most recent revision. Material changes will be communicated by email or an in-app notice where reasonably practicable. Your continued use of Dailies after a change takes effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Republic of South Africa. Subject to any right you may have to bring proceedings in another forum under applicable consumer protection law, you agree that the courts of South Africa will have jurisdiction over any dispute arising from these Terms or your use of Dailies.

We encourage you to contact us directly in the first instance to attempt to resolve any dispute informally before pursuing formal proceedings.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Masilela Creative Studio (Pty) Ltd regarding your use of Dailies.

privacy@mcstudio.co.za

Masilela Creative Studio (Pty) Ltd — Registration number: 2021/536143/07

Glen Austin Unit 58, 69 Glen Austin Road, Glen Austin AH, Gauteng, 1685