Last updated: 14 September 2026 · Version: 2026-09-14 · Permanent copy of this version: staffpayai.com/terms/2026-09-14
These Terms of Service ("Terms") govern your access to and use of the StaffPay AI workforce management and payroll service (the "Service") operated byStaffPayAi (Pty) Ltd, a company registered in the Republic of South Africa ("StaffPay","we", "us"). By creating an account, ticking the "I agree" checkbox on signup, or otherwise using the Service, you (the "Customer") accept these Terms in full.
StaffPay provides cloud-based software for staff sign-in/out tracking, roster scheduling, payroll calculation, and related workforce administration. The Service is provided on a subscription basis and is intended for use by businesses operating in the Republic of South Africa.
To use the Service, you must register an account with accurate, current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use.
Your account is administered by the person who registers it (your "administrator"), who may add other users, devices and staff logins. Every person you give access to is your user: you are responsible for who they are, for what they do in the Service, and for removing their access when it should end. Where the Service supports device-level sign-in (for example a shared registry tablet), you are responsible for the physical security of that device and for pairing it only in a location you control. We treat any instruction received through a valid login as your instruction.
Use of the Service requires a paid subscription. Subscription fees are billed monthly in advance via PayFast (Pty) Ltd, our payment processor. Current pricing is displayed on the signup page and may be updated from time to time.
By subscribing, you authorise StaffPay (via PayFast) to charge your nominated payment method on a recurring monthly basis for the duration of your subscription. You will receive an upcoming charge reminder approximately 7 days before each debit.
You may cancel your subscription at any time via the in-app billing page or by contacting support. Cancellation takes effect at the end of your current billing period — you will retain access until that date.
On cancellation, your account is suspended and login is blocked. Your data is retained for 90 days after cancellation, during which time you may reactivate your subscription without data loss by contacting support.
After 90 days from suspension, your account and all associated data — including staff records, sign-ins, payslips, rosters and uploaded files — are permanently deleted and cannot be recovered. StaffPay will send you reminder emails at day 60, 80, and 89 before deletion. It is your responsibility to export any data you wish to retain before this deadline.
StaffPay works because you trust us with information about the people who work for you. This section sets out, plainly, how that trust is shared: you own the relationship with your staff and decide what goes into the Service; we own the security of the infrastructure it runs on.
6.1 Roles under POPIA. Under the Protection of Personal Information Act, 4 of 2013 ("POPIA"), you are the "responsible party" for all personal information about your staff, applicants and other individuals that you or your users upload, enter, capture or transmit into or through the Service ("Staff Data"). StaffPay is your "operator": we process Staff Data only on your behalf, only on your instructions, and only to provide the Service. This section 6, together with our Privacy Policy, is the written agreement between responsible party and operator required by section 21 of POPIA.
6.2 You accept sole and full responsibility for the Staff Data you upload. Only you know your staff, and only you can speak to them. So, before any Staff Data is uploaded, and as a condition of using the Service, you warrant and undertake that:
Obtaining and recording that consent is your organisation's responsibility, not ours. The Service has no means of verifying it and does not attempt to; StaffPay is not responsible for any Staff Data uploaded without the consent or lawful basis this section requires.
6.3 Biometric data. A face template is special personal informationunder section 26 of POPIA, which may not be processed without the data subject's consent (section 27). Face-scan sign-in is optional and off until you switch it on. Enabling it, and enrolling any staff member, is your decision as responsible party, and you alone are responsible for making sure the consent in 6.2 has been given before you do.
6.4 What we undertake as your operator. In return, StaffPay will:
6.5 The standard we hold ourselves to. We take the security of your staff's information as seriously as you do, and we apply the care that a professional operator of payroll and personal information is expected to apply. That care — the measures in 6.4, applied diligently and kept current — is the standard against which our performance is to be measured. It is a standard of conduct, not an assurance of a particular outcome: no responsibly-run system connected to the internet can promise that no unauthorised access will ever occur, and we do not. You remain responsible for the security of your own devices, networks and login credentials, and for the actions of anyone you give access to your account.
6.6 Requests from your staff. Your staff have rights under POPIA — to know what is held about them, to have it corrected, and in some cases to have it deleted or to object to its processing. Those requests belong to you as responsible party. The Service is designed so that you can answer most of them yourself, immediately: every staff profile can be viewed, corrected and removed by your administrator, and removing a staff member deletes their face template and photograph. Where a request needs something the Service does not expose, tell us and we will provide the information or take the step within a reasonable time. We will not respond to a staff member directly about your data, except where the law requires us to.
7.1 Like every professionally-run software service, StaffPay is built on specialist providers ("sub-processors") chosen for their security credentials: Amazon Web Services for hosting, storage and facial recognition; PayFast (Pty) Ltd for payments; AC PM, LLC (Postmark) for email; and Anthropic, PBC for the AI assistant. The current list is kept in our Privacy Policy. By using the Service you authorise these sub-processors, and any replacement we notify there.
7.2 We select our sub-processors with care, on the strength of their security standards and certifications, and we engage each on terms that require appropriate protection of your data. They are, nonetheless, independent companies whose systems, personnel and operations we do not control and cannot audit from the inside.
7.3 Accordingly, and to the fullest extent the law allows, StaffPay will not be liable for any loss, unauthorised access, disclosure, corruption, unavailability or unlawful processing of Staff Data that occurs within, or originates from, the systems of a sub-processor or any other third party, except where and only to the extent that it is found to have been caused by StaffPay's own failure to meet the standard in 6.4. Where such an event occurs we will tell you what we know, help you understand it, and support any claim you choose to bring against the provider concerned.
We aim to keep the Service available around the clock, but we do not promise it will be uninterrupted or error-free. We may perform scheduled maintenance and will give reasonable notice where practical.
StaffPay is not liable for any failure or delay in performing, or any loss, compromise or unavailability of data, caused by events beyond our reasonable control. These include, without limitation: criminal or malicious acts of third parties (including hacking, ransomware, denial-of-service attacks and social engineering); vulnerabilities in third-party software or hardware not known to us; failures or outages of internet, telecommunications, power (including load-shedding), payment or cloud infrastructure; acts of government or regulators; strikes; fire, flood, storm or other natural events; and any act or omission of you, your users or your staff.
To the maximum extent permitted by law, StaffPay's total liability to you for all claims arising from or related to the Service, whether in contract, delict or otherwise, shall not exceed the total subscription fees you paid to StaffPay in the three (3) months preceding the event giving rise to the claim. StaffPay is not liable for any indirect, incidental, special, consequential or punitive loss, including loss of data, profits, revenue, goodwill or business opportunity, or for any penalty, interest or fine levied by SARS, the UIF, the Department of Employment and Labour, the Information Regulator or any other authority.
The Service produces calculations, files and documents from the information you enter. You are responsible for reviewing payroll results, statutory submissions and bank payment files before you rely on them — before paying staff, filing with SARS or the UIF, or issuing a payslip.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for gross negligence or wilful misconduct, and nothing in these Terms limits any right you may have under the Consumer Protection Act, 68 of 2008, where that Act applies to you.
Because the decisions in section 6 are yours to make, you agree to indemnify StaffPay, and hold us harmless, against any claim, demand, fine, penalty, loss or cost (including reasonable legal fees) brought by a staff member, the Information Regulator or any other third party, to the extent it arises from Staff Data uploaded without the consent or lawful basis required by section 6, from any other breach of section 6 or 14 by you or your users, or from your use of the Service in breach of any law.
Each of us will keep the other's confidential information confidential. For you, that means the Service's non-public features, pricing and any security information we share with you. For us, it means your business information and all Staff Data, which we will use only to provide the Service, disclose only to the sub-processors in section 7 and to our own personnel who need it, and protect with the care described in section 6.
The duty does not apply to information that is public through no fault of the receiving party, that the receiving party already lawfully held, or that must be disclosed by law, by a court, or by a regulator — in which case the receiving party will, where lawful, tell the other first and disclose only what is required.
These Terms apply from the moment you create an account and continue for as long as you hold one. Your subscription renews monthly until cancelled under section 5.
We may suspend access to your account, with notice where practical and immediately where not, if a subscription payment fails, if we reasonably believe your account is being used in breach of section 6 or section 14, if we are required to by law or a regulator, or if continued access would put the Service, our other customers or any person's data at risk. We will restore access as soon as the reason for suspension is resolved. Suspension for non-payment starts the 90-day retention period described in section 5.
We may terminate these Terms on written notice if a breach by you is not remedied within 14 days of our asking, or immediately if the breach cannot be remedied. On termination for breach the retention and deletion steps in section 5 apply from the date of termination.
Sections 6, 7, 9, 10, 11, 15 and 18, and any other provision that by its nature should survive, continue to apply after these Terms end.
We warrant that we will provide the Service with reasonable skill and care, in accordance with these Terms and the Privacy Policy, and that we hold the rights needed to make it available to you.
Beyond that, and to the fullest extent the law allows, the Service is provided on an "as is" and "as available" basis. We do not warrant that it will meet every requirement of your business, that it will be uninterrupted or free of defects, or that its outputs are correct for your particular circumstances. Payroll, tax and labour law change; the Service reflects them as at the date of each release, and it is not legal, tax or accounting advice. Where you need certainty on a point of law, take advice from a professional who knows your business.
You warrant that you are a business (not a consumer acting for personal purposes), that the person accepting these Terms is authorised to bind you, and that everything in section 6.2 is true and will stay true for as long as you use the Service.
You agree not to:
The Service, including all software, design, content, and documentation, is the property of StaffPay and is protected by copyright and other intellectual property laws. You receive a non-exclusive, non-transferable licence to use the Service for the duration of your subscription. This licence ends on cancellation.
We may update these Terms from time to time. Material changes will be communicated by email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. The current version is identified at the top of this page.
These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms or your use of the Service shall be resolved by the courts of South Africa, unless the parties agree to mediation or arbitration.
Whole agreement. These Terms, the Privacy Policy and the pricing shown at signup are the whole agreement between us about the Service. They replace any earlier discussion or proposal. Nothing said in a sales conversation, demo or support reply changes them unless it is put in writing and signed by us.
Severability. If any part of these Terms is found to be unenforceable, that part is to be read down to the minimum extent needed to make it enforceable, or removed if it cannot be, and the rest continues in full.
No waiver. If either of us does not enforce a right under these Terms, that is not a waiver of it, and the right may still be enforced later.
Assignment. You may not transfer your account or these Terms to anyone else without our written consent. We may transfer them to a successor of our business, and will tell you if we do.
Notices. We will send notices to the administrator email address on your account, and they are treated as received when sent. You may send notices to us at the address in section 19.
Relationship. We are an independent service provider. Nothing in these Terms makes us your employer, agent, partner, or a party to any employment relationship between you and your staff.
Questions about these Terms? Email support@staffpayai.com.