Terms of Use
Acalytica Social Proof
Last updated: 28 May 2026
Plain-language summary (not a substitute for the full terms): Acalytica Social Proof provides software that lets you display social proof notifications, counters, reviews, and lead-collection widgets on your website. By using the Service you agree to these Terms, to use it lawfully, to be responsible for the data you collect through it, and to pay any fees that apply to your plan. We provide the Service "as is" and limit our liability as set out below. South African law governs this agreement.
1. About these Terms
1.1 These Terms of Use ("Terms") form a binding agreement between you ("you", "your", or the "Customer") and Acalytica ("Acalytica", "we", "us", or "our"), the provider of the Acalytica Social Proof platform available at https://social-proof.acalytica.com and related domains (the "Service").
1.2 By registering for, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Service.
1.3 If you use the Service on behalf of a company or other legal entity, you warrant that you have authority to bind that entity, and "you" refers to that entity.
2. Definitions
2.1 "Account" means the registered account through which you access the Service.
2.2 "Content" means any data, text, images, widgets, notifications, or other material you create, upload, configure, or display through the Service.
2.3 "End User" means a visitor to a website on which you have deployed the Service.
2.4 "POPIA" means the Protection of Personal Information Act 4 of 2013 of South Africa.
2.5 "Personal Information" has the meaning given to it in POPIA.
2.6 "Subscription" means the plan (free or paid) under which you access the Service.
3. Eligibility and accounts
3.1 You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service.
3.2 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify us promptly of any unauthorised use.
3.3 You agree to provide accurate, current, and complete information during registration and to keep it updated.
4. The Service
4.1 The Service allows you to install a tracking pixel or script on your website, create and customise widgets (including informational popups, conversion notifications, live visitor counters, reviews, coupons, countdowns, email and lead collectors, and custom widgets), and display them to your End Users.
4.2 We may modify, enhance, suspend, or discontinue any feature of the Service at any time. Where a change materially reduces functionality of a paid plan, we will use reasonable efforts to give you advance notice.
4.3 The Service may integrate with third-party services (for example, Slack, Discord, Telegram, Microsoft Teams, email providers, webhooks, and payment processors). Your use of those services is governed by their own terms, and we are not responsible for them.
5. Acceptable use
5.1 You agree not to use the Service to:
(a) display false, misleading, fabricated, or deceptive social proof (for example, fake purchase or visitor notifications that do not reflect genuine events) in a manner that misleads consumers or breaches consumer-protection law, including the Consumer Protection Act 68 of 2008;
(b) violate any applicable law, regulation, or third-party right;
(c) collect, process, or display Personal Information without a lawful basis or required consent;
(d) transmit malware, engage in unauthorised access, or interfere with the integrity or performance of the Service;
(e) infringe intellectual property rights or publish unlawful, defamatory, harassing, or obscene content;
(f) resell, sublicense, or white-label the Service except as expressly permitted by your plan; or
(g) circumvent usage limits, rate limits, or access controls.
5.2 You are solely responsible for the Content you display and for ensuring it is accurate and lawful. Genuine social proof requires that displayed events correspond to real underlying activity.
5.3 We may suspend or terminate Accounts that we reasonably believe breach this section, with or without notice depending on the severity.
6. Your data and POPIA responsibilities
6.1 When you use the Service to collect or display information about your End Users, you act as the "responsible party" under POPIA in respect of that Personal Information, and Acalytica acts as an "operator" processing it on your behalf and on your instructions.
6.2 As the responsible party, you are responsible for:
(a) having a lawful basis to collect and process End User Personal Information;
(b) providing your End Users with any required notices and obtaining any required consents (including for cookies and tracking, consistent with applicable law);
(c) responding to End User requests to access, correct, or delete their Personal Information; and
(d) maintaining your own privacy policy on your website.
6.3 As an operator, Acalytica will process End User Personal Information only for the purpose of providing the Service, will apply reasonable technical and organisational security measures, and will notify you without undue delay if we become aware of a security compromise affecting your data, as further described in the Privacy Policy.
6.4 You grant us a non-exclusive licence to host, process, transmit, and display your Content solely to operate and improve the Service.
7. Fees and payment
7.1 The Service is offered on free and paid plans. Plan features and limits are described on our pricing page and may change over time.
7.2 Paid Subscriptions are billed in advance on the billing cycle you select (for example, monthly or annually) through our third-party payment processor. By providing payment details you authorise us to charge the applicable fees.
7.3 Unless required by law or expressly stated otherwise, fees are non-refundable. You may cancel at any time; cancellation takes effect at the end of the current billing period.
7.4 We may change our fees on reasonable prior notice. Continued use after a fee change takes effect constitutes acceptance.
7.5 You are responsible for any taxes associated with your use of the Service, other than taxes based on our net income.
8. Intellectual property
8.1 The Service, including its software, design, trademarks, and documentation, is owned by Acalytica or its licensors and is protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you.
8.2 You retain ownership of your Content. You are responsible for ensuring you have the rights to use and display it.
8.3 If you submit feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without obligation to you.
9. Service availability
9.1 We strive to keep the Service available but do not guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance, updates, or events beyond our control.
9.2 Any availability commitments for specific paid plans, if offered, will be set out separately.
10. Disclaimers
10.1 To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 We do not warrant that the Service will increase your conversions, sales, or other business outcomes. Any performance figures or examples are illustrative only.
10.3 Nothing in these Terms excludes liability that cannot lawfully be excluded, including certain rights you may have under the Consumer Protection Act 68 of 2008.
11. Limitation of liability
11.1 To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.
11.2 To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service in any twelve-month period is limited to the greater of (a) the fees you paid us for the Service in that period, or (b) ZAR 1,000.
11.3 These limitations apply regardless of the legal theory on which a claim is based and even if a remedy fails of its essential purpose.
12. Indemnity
You agree to indemnify and hold harmless Acalytica and its officers, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your Content, your use of the Service, or your breach of these Terms or of applicable law, including POPIA obligations for which you are responsible.
13. Suspension and termination
13.1 You may terminate your Account at any time by cancelling through the Service.
13.2 We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, or if required by law.
13.3 On termination, your right to use the Service ends. We may delete your Content after a reasonable period, subject to any retention periods described in the Privacy Policy or required by law.
14. Changes to these Terms
14.1 We may update these Terms from time to time. We will post the updated version with a revised "Last updated" date and, for material changes, take reasonable steps to notify you.
14.2 Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
15. Governing law and disputes
15.1 These Terms are governed by the laws of the Republic of South Africa.
15.2 The parties submit to the non-exclusive jurisdiction of the South African courts. Before commencing litigation, the parties will attempt in good faith to resolve any dispute through negotiation.
16. General
16.1 If any provision is found unenforceable, the remaining provisions remain in effect.
16.2 Our failure to enforce a provision is not a waiver of it.
16.3 You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
16.4 These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.
17. Contact
Questions about these Terms can be sent to:
Acalytica Email: legal@acalytica.com Website: https://social-proof.acalytica.com
This document is a template provided for convenience and does not constitute legal advice. You should have it reviewed by a qualified South African attorney before relying on it.