Terms of Service

These Terms form a binding agreement between BIGBrave and the Client. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case you refers to that entity.

These Terms incorporate by reference our Privacy Policy and any Data Processing Addendum (DPA) we make available. Where a separate written master agreement is signed between you and BIGBrave, that agreement prevails over these Terms to the extent of any conflict.

• Platform or PayKit: the white-label subscription billing software, APIs, dashboards, and related services made available by BIGBrave.
• Client: the business that configures products, plans, and billing rules on the Platform. This is you.
• Customer: an end user of the Client who holds a subscription and is billed through the Platform. A Customer is not a party to these Terms.
• Gateway: a third-party payment processor through which charges are made and funds are settled. The Platform currently supports Paystack and PayFast, and we may add or retire Gateways over time.
• Add-on: an optional item you attach to a plan. Add-ons may grant access, carry a consumable balance, raise a usage limit, or be metered and billed on the usage you report.
• Coupon: a discount you configure and apply to a subscription, an add-on purchase, or an invoice.
• Test Mode and Live Mode: the non-production and production environments of a project, respectively.
• Client Data: data you or your Customers submit to or generate on the Platform, including catalog, subscription, add-on, usage, coupon, invoice, and ledger records, and Customers’ personal information.

PayKit is billing infrastructure. It lets you configure subscription plans, plan versions, entitlements, add-ons, coupons, and billing rules, and it manages the billing lifecycle on your behalf against a Gateway that you connect. That lifecycle includes trials, monthly or annual renewals, plan changes with proration, usage metering for metered add-ons, charge retries and dunning, refunds and disputes, invoicing (including PDF tax invoices), entitlement checks and signed entitlement tokens, outbound webhooks to your own endpoints, and append-only double-entry financial record-keeping.

PayKit is not a bank, payment processor, money transmitter, or merchant of record. We do not acquire, hold, or route your funds or your Customers’ funds through our own accounts. Settlement of Customer payments happens directly between the Gateway and you under your own agreement with that Gateway. We meter platform fees from the ledger and invoice you for them (see clause 7); we never deduct them from your settlement.

The Platform is a tool that acts on your configuration and instructions. You remain responsible for your products, your pricing, your relationship with your Customers, and your compliance with the laws that apply to your business.

To use the Platform you must register a workspace and create user accounts. You are responsible for the accuracy of your registration details, for maintaining the security of your credentials and API keys, and for all activity that occurs under your workspace.

• Keep API keys, webhook secrets, and Gateway credentials confidential, and rotate them if compromised. API keys are shown once at creation and are scoped to the permissions you select, so issue the narrowest scope that does the job.
• Manage your team’s access using the roles and permissions provided, and remove access promptly when a person no longer needs it.
• Notify us without undue delay at info@bigbrave.co.za if you suspect unauthorised access.

As a Client, you agree that you will:

• use the Platform only for lawful purposes and in compliance with all applicable laws, including consumer protection, tax, anti-money-laundering, and data-protection laws;
• maintain your own agreement and privacy notice with your Customers, obtain all consents and provide all disclosures required to bill them and to have us process their personal information on your behalf, and pass on the data-subject requests you receive so we can support you in answering them;
• ensure the amounts, currencies, plans, add-ons, coupons, and billing rules you configure are accurate, and that charges are only raised against catalog plans, add-ons, and invoices you have authorised;
• report metered usage accurately and on time, and accept that charges calculated from the usage you report are your responsibility;
• keep any endpoint you register for outbound webhooks secure, and verify the signature we send on every delivery before acting on it;
• be solely responsible for determining, collecting, and remitting any taxes (such as VAT) due on your sales to your Customers;
• comply with the rules of the Gateway you connect and of the card networks, and not use the Platform for any business or activity prohibited by them or by clause 9.

You connect your own Gateway account to the Platform by supplying that Gateway’s API credentials, which we hold in a managed secret store. Your use of the Gateway is governed by your separate agreement with the Gateway provider, and you are responsible for maintaining that account in good standing. Test and live credentials are kept separate, and we refuse a credential that does not match the environment it is filed under.

When a charge is made, funds move directly between the Gateway and your Gateway account. BIGBrave does not take possession of, hold, or have any claim to those funds. We are not responsible for the Gateway’s availability, fees, holds, chargebacks, reserves, or decisions, although we provide tooling to help you record and respond to events such as disputes.

We store a Gateway authorisation token (in encrypted form) and limited card metadata needed to bill recurring charges. We do not collect, process, or store full card numbers or card security codes. The Gateway captures those. See the Privacy Policy for detail.

Test Mode is free and fully featured. For Live Mode you subscribe to a PayKit tier. A tier carries a subscription fee, billed monthly or (where the tier offers it) annually at a discount, and most tiers add a percentage rate charged on each live transaction, on top of the Gateway’s own fees. The free tier has no subscription fee and instead includes a monthly allowance of live processed volume. Current tiers, rates, and allowances are as set out on our pricing page or in your order form, and may be updated on notice under clause 18.

• Live volume on the free tier is metered against the monthly allowance. We warn you as you approach it, and new live charges are refused once it is exceeded until you upgrade or the next calendar month begins.
• Every Gateway transaction records a corresponding fee entry in the ledger. Platform fees are metered from the ledger and invoiced to you (using PayKit itself) for the applicable period.
• Fees are exclusive of VAT and other taxes, which are added where applicable.
• Invoices are payable on issue. If an invoice is still unpaid 14 days after it is issued, we may suspend your workspace under clause 17 until it is settled.
• Except where required by law, fees paid are non-refundable.

Test Mode is provided for integration and evaluation. It may use simulated data and does not move real money. Live Mode processes real charges against your connected Gateway. You are responsible for verifying your integration in Test Mode before enabling Live Mode, and for the correctness of the configuration you promote to Live Mode.

Switching a project to Live Mode requires our approval. Before we grant it, the project must pass automated readiness checks, and you must give us the business verification information we reasonably request (for example, company registration details, the identity of directors or beneficial owners, and confirmation of the Gateway account you will settle into). We may decline, delay, or reverse go-live approval where verification is incomplete, where the business falls outside what we or a Gateway can support, or where the law requires it.

You must not, and must not permit anyone to:

• use the Platform to test, validate, or store stolen or unauthorised payment credentials (card testing), or to facilitate fraud, money laundering, or sanctions evasion;
• sell goods or services that are illegal or prohibited by the Gateway or card networks;
• submit charges that do not correspond to a genuine sale to a Customer, or raise amounts other than against authorised catalog plans, add-ons, and invoices;
• misreport metered usage, or split, route, or otherwise structure activity across workspaces or projects to avoid a tier’s live volume allowance or its per-transaction rate;
• probe, scan, overload, reverse-engineer, or interfere with the Platform, its security, or its multi-tenant isolation, or attempt to access data belonging to another Client or its Customers;
• resell, sublicense, or provide the Platform to third parties except as expressly permitted.

BIGBrave and its licensors own all rights in the Platform, including its software, design, and documentation. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right to access and use the Platform for your internal business purposes during the term.

You retain all rights in your Client Data. You grant us a licence to host, process, and transmit Client Data as necessary to provide the Platform and as described in the Privacy Policy. You also grant us the right to use aggregated and de-identified data (which does not identify you or any Customer) to operate, secure, and improve the Platform.

Where we process personal information of your Customers, we do so on your behalf and on your documented instructions: you are the responsible party (controller) and we act as your operator (processor), as those terms are used under the Protection of Personal Information Act, 2013 (POPIA) and, where applicable, the GDPR. Our processing is governed by the Privacy Policy and any DPA. For personal information of your own account users, we act as responsible party. You are responsible for having a lawful basis and the necessary notices and consents for the data you route through the Platform.

The Platform gives you tooling to act on a Customer’s erasure request: on your instruction we pseudonymize that Customer’s personal information in place while retaining the underlying financial trail, which we are required to keep and which is append-only by design. Deciding whether an erasure request is valid remains yours.

Each party may receive non-public information of the other. Each party will use the other’s confidential information only to perform under these Terms and will protect it with reasonable care, except where disclosure is required by law. This does not apply to information that is or becomes public through no fault of the receiving party, or that is independently developed.

We aim to keep the Platform available and performant but do not guarantee uninterrupted operation, and we do not offer a contractual uptime commitment unless one is separately agreed in writing. We may modify, add, or remove features, and may perform maintenance. We will use reasonable efforts to give advance notice of material adverse changes to production functionality. Beta or preview features are provided “as is” and may change or be withdrawn.

Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Platform is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be error-free or that it will meet your specific requirements. Nothing in these Terms excludes any rights you have that cannot lawfully be excluded, including under the Consumer Protection Act, 2008 where it applies.

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to these Terms will not exceed the total platform fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim.

We are not liable for losses arising from the Gateway, the card networks, your Customers, your configuration, your failure to secure your credentials, or matters outside our reasonable control. These limitations do not apply to liability that cannot be limited by law.

You will indemnify and hold BIGBrave harmless from claims, damages, and costs (including reasonable legal fees) arising from your use of the Platform in breach of these Terms, your products or sales to Customers, your content or configuration, your tax obligations, or your breach of applicable law or of your obligations to your Customers.

You may stop using the Platform and close your workspace at any time. We may suspend or terminate access if you materially breach these Terms (including non-payment under clause 7 or a breach of clause 9), if required by law or by a Gateway or card network, or to protect the Platform, its users, or third parties from harm.

On termination, your right to use the Platform ends. For a limited period after termination we will make Client Data available for export, including a catalog export you can run yourself from the dashboard, after which we may delete or de-identify it in accordance with the Privacy Policy, subject to records we are required to retain by law (including financial and ledger records).

We may update these Terms from time to time. If a change is material, we will give reasonable notice (for example, by email or in the dashboard) before it takes effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg. Before litigating, the parties will attempt in good faith to resolve any dispute through discussion between senior representatives, and neither party will start proceedings until 15 business days after written notice of the dispute, except to seek urgent interim relief.

• Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of assets.
• Entire agreement. These Terms, the Privacy Policy, and any DPA or order form are the entire agreement between the parties on this subject.
• Severability. If any provision is unenforceable, the rest remains in effect.
• Waiver. A failure to enforce a provision is not a waiver of it.
• Notices. We may give notice by email or through the dashboard; you may give notice to info@bigbrave.co.za or to our registered address.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

BIGBrave (Pty) Ltd, Building A, 68 on Hobart, 68 Hobart Road, Bryanston, South Africa. For questions about these Terms, contact info@bigbrave.co.za.