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Terms and Conditions

MyComms & MySubscribers — E2 Solutions (Pty) Ltd | Registration No. 2000/002499/07
Effective 30 April 2026 (v2026-04-30.1)

1. Definitions

In these Terms and Conditions:

  • "E2" means E2 Solutions (Pty) Ltd, a company incorporated under the laws of the Republic of South Africa (Registration No. 2000/002499/07).
  • "Services" means the MyComms platform and/or the MySubscribers platform, as applicable to the Client.
  • "MyComms" means the SaaS-based communications and survey management platform made available by E2.
  • "MySubscribers" means the SaaS-based subscriber and subscription management platform made available by E2.
  • "Client" means the organisation, entity, or individual that has subscribed to or is using the Services.
  • "User" means any individual granted access to the Services by the Client.
  • "Content" means any data, communications, surveys, messages, subscriber information, or other material uploaded, submitted, or transmitted through the Services by the Client or its Users.

2. Acceptance of Terms

By accessing or using the Services, the Client agrees to be bound by these Terms and Conditions. If the Client does not agree, they must not use the Services. These Terms apply to both MyComms and MySubscribers, whether used individually or together.

3. Services

3.1 E2 will make the Services available to the Client on a subscription basis, as agreed in the applicable order form or subscription agreement.

3.2 E2 reserves the right to modify, update, or discontinue any feature of the Services at any time with reasonable notice.

3.3 The Services are provided "as is" and "as available." E2 does not warrant that the Services will be uninterrupted, error-free, or meet the Client's specific requirements.

4. Client Obligations and Acceptable Use

4.1 The Client is solely responsible for:

  1. all Content uploaded, submitted, or transmitted through the Services;
  2. ensuring that its use of the Services complies with all applicable laws, regulations, and industry codes, including but not limited to the Protection of Personal Information Act 4 of 2013 (POPIA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and the Consumer Protection Act 68 of 2008;
  3. obtaining all necessary consents from its subscribers, recipients, and third parties prior to transmitting any communications or processing any personal information through the Services;
  4. the accuracy, legality, and appropriateness of all Content.

4.2 The Client must not use the Services to:

  1. send unsolicited communications (spam);
  2. transmit unlawful, defamatory, discriminatory, or fraudulent content;
  3. violate any third party's intellectual property, privacy, or other rights;
  4. interfere with or disrupt the integrity or performance of the Services.

4.3 E2 reserves the right to suspend or terminate access to the Services without notice if the Client is found to be in breach of this clause.

5. Limitation of Liability

5.1 To the maximum extent permitted by applicable law, E2 shall not be liable for any loss, damage, claim, or expense — whether direct, indirect, incidental, special, consequential, or punitive — arising out of or in connection with:

  1. the Client's or any User's use of, or inability to use, the Services;
  2. the Content transmitted, published, or managed through the Services;
  3. the results of any communications, surveys, or subscriber campaigns conducted via the Services;
  4. any reliance placed by the Client or any third party on information or outputs generated through the Services;
  5. any breach by the Client of applicable law, including POPIA, in connection with their use of the Services;
  6. any unauthorised access to the Client's account or data.

5.2 E2 is a platform provider only. E2 does not review, approve, or take responsibility for the Content created or distributed by the Client. The Client bears full and exclusive responsibility for how it uses the Services.

5.3 In all circumstances, E2's aggregate liability to the Client shall not exceed the total fees paid by the Client to E2 in the three (3) months preceding the event giving rise to the claim.

5.4 Nothing in these Terms limits liability for death or personal injury caused by gross negligence, or for fraud.

6. Intellectual Property

6.1 E2 retains all rights, title, and interest in and to the Services, including all underlying software, algorithms, interfaces, and branding.

6.2 The Client retains ownership of its Content. By using the Services, the Client grants E2 a limited, non-exclusive licence to process and store the Content solely for the purpose of providing the Services.

6.3 The Client must not copy, reverse-engineer, decompile, or create derivative works of the Services.

7. Data and Privacy

7.1 Both parties agree to comply with POPIA and all applicable data protection legislation.

7.2 E2 will process personal information only to the extent necessary to provide the Services. E2's Privacy Policy, available at www.e2.co.za, governs the processing of personal information by E2.

7.3 The Client acknowledges that it is a responsible party (as defined in POPIA) in respect of personal information processed through the Services, and that E2 acts as an operator on the Client's instructions.

7.4 The Client warrants that it has a lawful basis for processing all personal information transmitted through the Services.

8. Payment

8.1 Subscription fees are as agreed in the applicable order form or subscription agreement.

8.2 Fees are payable in advance unless otherwise agreed. Failure to pay may result in suspension of access.

8.3 All fees are exclusive of VAT (VAT No. 4160191997), which will be added at the prevailing rate.

9. Term and Termination

9.1 These Terms remain in force for the duration of the Client's subscription.

9.2 Either party may terminate for material breach that remains uncured for 14 (fourteen) days after written notice.

9.3 E2 may terminate or suspend the Services immediately if the Client is found to be in breach of clause 4 (Acceptable Use) or if continued provision of the Services would expose E2 to legal liability.

9.4 On termination, the Client's access to the Services will cease. E2 will retain the Client's data for 30 (thirty) days post-termination, after which it may be permanently deleted.

10. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

11. Amendments

E2 reserves the right to amend these Terms and Conditions at any time. Clients will be notified of material changes via email or in-platform notification. Continued use of the Services after notification constitutes acceptance of the amended Terms.

12. General

12.1 These Terms constitute the entire agreement between E2 and the Client regarding the Services and supersede all prior agreements or understandings.

12.2 If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.

12.3 E2's failure to enforce any right or provision does not constitute a waiver of that right.