EstateAgently
Legal

Terms of Service

Last updated: 11 July 2026

1. Agreement to Terms

By accessing and using EstateAgently (“the Platform”), you agree to be bound by these Terms of Service. EstateAgently is a multi-tenant Software-as-a-Service platform operated by EstateAgently (Pty) Ltd, a South African company. These Terms govern your use of the Platform on behalf of your real estate agency.

2. Use of the Platform

You represent and warrant that:

  • You are a principal or duly authorised representative of a South African estate agency;
  • Your use of the Platform is in compliance with the laws of South Africa, including the Property Practitioners Act, 49 of 1995, the Protection of Personal Information Act, 4 of 2013 (POPIA), and the Financial Intelligence Centre Act, 38 of 2020;
  • All information provided during registration and ongoing use is accurate and complete.

3. Your Responsibilities as an Agency

As a Platform user, you remain responsible for:

  • Ensuring all agents and staff using the Platform on your behalf hold valid Fidelity Fund Certificates (FFCs) at the time of any regulated activity;
  • Maintaining compliance with PPRA rules, FICA verification requirements, and POPIA obligations;
  • Ensuring proper CPD tracking and compliance reporting for your team;
  • Managing your agency's data, listings, and financial records in accordance with South African law.

EstateAgently provides tools to assist with these obligations, but does not assume your legal responsibilities as a property practitioner.

4. Data Isolation and Security

  • Each agency's data is stored in an isolated, encrypted tenant within the Platform.
  • No other agency can access, view, or retrieve your data.
  • EstateAgently implements row-level security at the database level to enforce this isolation.
  • You remain the controller of your data; EstateAgently acts as a processor on your behalf.

5. Acceptable Use

You may not use the Platform to:

  • Send unsolicited communications outside a POPIA-compliant consent framework;
  • Misrepresent property condition, pricing, or any material fact;
  • Bypass disclosure obligations under the Property Practitioners Act;
  • Access or retrieve data belonging to another agency;
  • Violate any applicable South African law or regulation.

6. Limitation of Liability

EstateAgently is provided “as is” without warranty of uninterrupted service. To the fullest extent permitted by law, EstateAgently (including its directors, employees, and agents) shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform, including loss of data, business interruption, or regulatory sanctions. Your total liability to EstateAgently for any claim shall not exceed the fees paid by you in the 12 months preceding the claim.

7. Suspension and Termination

EstateAgently may suspend or terminate your access at any time, without notice, if:

  • You breach these Terms or any applicable law;
  • Your account is inactive for 90+ consecutive days;
  • Your payment is overdue by more than 30 days;
  • Your agency's regulatory standing is revoked or suspended by the PPRA.

Upon termination, you may request an export of your data in a machine-readable format within 30 days. After 30 days, EstateAgently will securely delete all your data.

8. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles. Any dispute arising under or relating to these Terms shall be subject to the exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg.

9. Changes to Terms

EstateAgently may update these Terms at any time. Material changes will be notified to you via email at least 30 days before they take effect. Continued use of the Platform after such notice constitutes acceptance of the updated Terms.

10. Contact

For any questions regarding these Terms, contact: legal@estateagently.com