TERMS AND CONDITIONS OF SERVICE
1. INTRODUCTION AND DEFINITIONS
1.1 About these Terms
These Terms and Conditions ("Terms") govern your use of the sorted WhatsApp-based recordkeeping and business intelligence service ("the Service") provided by Sorted Mobi (Pty) Ltd (Registration No. 2026/268/548/07), a company incorporated under the laws of the Republic of South Africa ("sorted", "we", "us", "our").
By sending your first message to the sorted WhatsApp number or by clicking or replying "I AGREE" during onboarding, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms are entered into in compliance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Consumer Protection Act 68 of 2008 ("CPA"), and the Protection of Personal Information Act 4 of 2013 ("POPIA").
1.2 Definitions
- "Account" means your registered sorted user account, linked to your WhatsApp phone number.
- "AI Categorisation" means the automated classification of your transactions into categories using artificial intelligence.
- "Content" means any receipts, invoices, photos, messages, or other materials you send to sorted via WhatsApp.
- "Credit Readiness Features" means the optional credit readiness assessment and financial profile features that require separate, explicit consent.
- "OCR" means optical character recognition, the technology we use to extract text from photos of receipts and invoices.
- "Sorted Profile" means the financial record and business profile we build from your data, owned by you.
- "Subscription" means any paid tier of the Service, as described in clause 8.
2. ELIGIBILITY
To use the Service, you must:
- Be at least 18 years old
- Be a resident of the Republic of South Africa
- Have access to a WhatsApp account on a smartphone
- Be the owner or authorised representative of the business whose financial records you submit to sorted
- Have the legal capacity to enter into a binding agreement
By using the Service, you represent and warrant that you meet all of these requirements. If we discover that you do not meet them, we may suspend or terminate your Account.
3. DESCRIPTION OF THE SERVICE
3.1 What sorted does
sorted provides the following services via WhatsApp:
- Receipt and invoice processing using OCR technology
- Automated transaction categorisation using AI
- Financial record-keeping and summaries (daily, weekly, monthly, annual)
- Business performance insights and alerts
- Credit Readiness Features (optional, with separate consent)
3.2 What sorted is NOT
Critical disclaimer. sorted is a recordkeeping tool. sorted is NOT a registered accounting practice, tax advisor, financial advisor, or credit provider. The financial records, summaries, insights, and scores generated by sorted do not constitute professional accounting advice, tax advice, financial advice, or credit assessments as defined under the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS) or the National Credit Act 34 of 2005 (NCA). You should consult a qualified professional for accounting, tax, legal, or financial advice.
Specifically:
- We do not provide accounting services as defined under the Auditing Profession Act 26 of 2005 or the Chartered Accountancy Profession Act
- We do not provide financial advice as defined under FAIS, and are not a licensed Financial Services Provider
- We do not grant credit or make credit decisions as defined under the NCA. Our Credit Readiness Features generate an indicative score for your own information, they do not constitute a credit assessment or credit agreement
- We do not file tax returns or provide tax advice on your behalf. Any Turnover Tax or other tax information displayed is for reference only
- We do not guarantee the accuracy of OCR-extracted data or AI-generated categorisations. You are responsible for reviewing and correcting your financial records
4. AI-GENERATED CONTENT AND ACCURACY
4.1 How AI is used
sorted uses artificial intelligence to:
- Extract text from receipt and invoice images (OCR)
- Categorise transactions (e.g., "stock", "rent", "electricity")
- Generate financial summaries and insights
- Calculate credit readiness signals (if you opt in)
4.2 Limitations of AI
AI is not perfect. You acknowledge and agree that:
- OCR may misread text from damaged, faded, crumpled, or poorly photographed receipts
- AI categorisation may assign transactions to incorrect categories
- Financial summaries are generated from the data you provide and the AI's categorisation. Errors in either will flow through to the summary
- AI may occasionally produce unexpected or incorrect outputs ("hallucinations")
- We continuously improve our AI, but we cannot guarantee 100% accuracy at any time
Your responsibility: You must review the financial records sorted generates and correct any errors. You can do this by sending a WhatsApp message to dispute or edit a categorisation. sorted is a tool to assist your recordkeeping, not a replacement for your own oversight of your business finances.
4.3 No reliance
You agree not to rely solely on sorted's AI-generated outputs for:
- Tax filing or compliance
- Loan applications (unless specifically sharing your Sorted Profile with a lender through our platform with your consent)
- Legal or regulatory filings
- Any decision where an error could cause you financial loss
To the maximum extent permitted by law, sorted shall not be liable for any loss, damage, or adverse consequence arising from errors in AI-generated content, OCR extraction, or automated categorisation.
5. YOUR OBLIGATIONS
As a user of sorted, you agree to:
- Provide accurate and truthful information about yourself and your business
- Only submit receipts, invoices, and documents that relate to your own business
- Not submit documents belonging to other people or businesses without their consent
- Review and verify the financial records sorted generates for you
- Not use the Service for any unlawful purpose, including money laundering, tax evasion, or fraud
- Not attempt to reverse-engineer, copy, or interfere with sorted's technology or systems
- Keep your WhatsApp account secure and notify us immediately if you suspect unauthorised access
- Comply with WhatsApp's own Terms of Service
6. YOUR DATA AND INTELLECTUAL PROPERTY
6.1 Your Content remains yours
You retain full ownership of the receipts, invoices, photos, and other Content you submit to sorted. By submitting Content, you grant sorted a limited, non-exclusive licence to process that Content solely for the purpose of providing the Service to you.
6.2 Your Sorted Profile belongs to you
The Sorted Profile, the financial records, summaries, and insights we generate from your data, belongs to you. We will never share your Sorted Profile with any third party without your explicit, per-event consent. You can request a full export of your Sorted Profile at any time.
6.3 How we handle your personal information
Our collection, use, storage, and sharing of your personal information is governed by our Privacy Policy. The Privacy Policy forms part of these Terms. Please read it carefully.
6.4 Anonymised and aggregated data
We may use anonymised, de-identified, and aggregated data (which cannot be linked back to you) to improve our Service, conduct research, and develop new features. This data will never identify you or your business.
7. CREDIT READINESS FEATURES
7.1 Separate consent required
Credit Readiness Features are optional and require a separate, unbundled consent. You will never be enrolled in Credit Readiness Features automatically. You may opt out at any time by sending "OPT OUT CRC" on WhatsApp.
7.2 What Credit Readiness Features are
Credit Readiness Features generate an indicative credit readiness score based on behavioural signals derived from your financial records and business activity. This score is designed to help you understand your business's financial health and may, with your explicit consent, be shared with participating lenders.
7.3 What Credit Readiness Features are NOT
Credit Readiness Features:
- Do NOT constitute a credit assessment under the NCA
- Do NOT create a credit agreement between you and sorted
- Do NOT guarantee that you will receive credit from any lender
- Do NOT register information with any credit bureau (unless we obtain separate, specific consent and appropriate registration)
sorted is not a registered credit provider (Section 40 of the NCA) or credit bureau (Section 43 of the NCA). If and when we apply for such registration, we will update these Terms and seek your renewed consent.
7.4 Sharing your score
We will only share your credit readiness score with a third party (such as a lender) if:
- You have explicitly requested that we do so
- You have provided specific, per-event consent identifying the recipient
- We have informed you of what will be shared, with whom, and for what purpose
You may withdraw this consent at any time, although information already shared cannot be recalled.
7.5 Right to human review
You have the right, under POPIA Section 71, to request that a human reviews any automated scoring decision. Send "REVIEW MY SCORE" on WhatsApp and we will arrange a review within 10 business days.
8. FEES AND PAYMENT
8.1 Free and paid tiers
sorted may offer both free and paid subscription tiers. The features available under each tier, and the applicable fees, will be clearly communicated to you before you subscribe. We will never charge you without your prior explicit consent.
8.2 Pricing changes
We may change our pricing from time to time. We will give you at least 30 days' notice of any price increase via WhatsApp. If you do not agree to the new pricing, you may cancel your Subscription before the change takes effect.
8.3 Payment methods
Payment may be accepted via mobile money, EFT, debit order, PayShap, Ozow, Snatch or voucher-based payment, or any other method we make available. Transaction fees charged by payment providers are not set by sorted and may vary.
8.4 Refunds
If you cancel a paid Subscription within 7 days of subscribing for the first time, you are entitled to a full refund under the CPA's cooling-off period for electronic transactions. After this period, prepaid subscription fees are non-refundable, but you will retain access to paid features until the end of your current billing period.
8.5 No hidden fees
sorted will never charge hidden fees. All costs will be disclosed to you upfront, including any third-party transaction fees, before you confirm a payment.
9. SERVICE AVAILABILITY
9.1 Availability
We aim to make the Service available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:
- Scheduled maintenance (we will try to notify you in advance)
- Unscheduled technical issues or outages
- WhatsApp platform downtime or changes (which are outside our control)
- Third-party service provider outages (OCR, AI, payment processors)
- Force majeure events
9.2 WhatsApp dependency
sorted operates on the WhatsApp Business Platform, which is owned and operated by Meta Platforms, Inc. We do not control WhatsApp's availability, terms, features, or pricing. Changes to WhatsApp may affect how sorted operates. We are not liable for any loss or disruption caused by WhatsApp's platform.
10. LIMITATION OF LIABILITY
10.1 General limitation
To the maximum extent permitted by South African law (including the CPA), sorted's total aggregate liability to you for any claims arising from or related to the Service shall not exceed the total fees you have paid to sorted in the 12 months preceding the claim, or R500 (five hundred Rand), whichever is greater.
10.2 Exclusion of certain damages
sorted shall not be liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Errors in OCR extraction, AI categorisation, or automated scoring
- Decisions you make based on information provided by the Service
- Actions or omissions of third-party service providers (WhatsApp, OCR providers, AI providers, payment processors)
- Unauthorised access to your Account due to your failure to secure your WhatsApp account
10.3 Consumer Protection Act rights preserved
Nothing in these Terms excludes or limits any rights you have under the CPA that cannot be excluded or limited by agreement. Where a provision of these Terms conflicts with the CPA, the CPA prevails.
11. INTELLECTUAL PROPERTY
All intellectual property in the Service, including but not limited to the sorted brand, logo, software, algorithms, scoring models, user interface design, and documentation, is owned by Sorted Mobi (Pty) Ltd and is protected under South African intellectual property law.
You may not copy, modify, distribute, reverse-engineer, decompile, or create derivative works from any part of the Service without our prior written consent.
For the avoidance of doubt, your Content and your Sorted Profile remain your property, as stated in clause 6.
12. SUSPENSION AND TERMINATION
12.1 You can cancel at any time
You may cancel your Account at any time by sending "CANCEL" on WhatsApp. Upon cancellation:
- Your access to the Service will end
- You can request a full export of your Sorted Profile before cancellation
- We will delete your personal data within 90 days, except where we are legally required to retain it (e.g., financial records retained for 5 years for tax compliance)
12.2 We may suspend or terminate your Account
We may suspend or terminate your Account if:
- You breach these Terms
- We reasonably suspect fraudulent, illegal, or abusive use
- You fail to pay any applicable fees after reasonable notice
- We are required to do so by law or regulation
We will notify you via WhatsApp before or at the time of suspension, and provide reasons for our decision. You may appeal by contacting us.
12.3 Effect of termination
Upon termination:
- All licences granted to you under these Terms will end immediately
- Any outstanding fees become immediately payable
- Clauses that by their nature should survive termination (including clauses 4, 6, 10, 11, 13, and 14) will continue to apply
13. DISPUTE RESOLUTION
13.1 Informal resolution first
If you have a dispute with sorted, please contact us first via WhatsApp or email. We will try to resolve it informally within 14 business days.
13.2 Mediation
If we cannot resolve the dispute informally, either party may refer the matter to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA) or another mutually agreed mediator. The costs of mediation will be shared equally.
13.3 Arbitration
If mediation fails, either party may refer the dispute to binding arbitration under AFSA rules. The arbitration will be conducted in Johannesburg, in English, before a single arbitrator. The arbitrator's decision will be final and binding.
13.4 Consumer rights preserved
Nothing in this clause prevents you from approaching the National Consumer Commission, the Consumer Goods and Services Ombud, the Information Regulator, or any court of competent jurisdiction to enforce your statutory rights under the CPA, POPIA, or any other applicable law.
14. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the Republic of South Africa. Subject to clause 13, any legal proceedings arising from these Terms will be brought in the courts of the Republic of South Africa, with the Gauteng Division of the High Court, Johannesburg, having jurisdiction.
15. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
In accordance with ECTA:
- You consent to receiving communications from sorted electronically via WhatsApp
- Electronic communications between you and sorted will have the same legal effect as written communications
- Your agreement to these Terms via WhatsApp (by clicking or replying "I AGREE") constitutes a valid electronic signature and acceptance
- Data messages (as defined in ECTA) sent via WhatsApp are deemed to have been received when they enter the recipient's information system
- sorted is an "electronic transaction" as contemplated in ECTA Chapter III, and you have the right to cancel within 7 days of first subscribing (cooling-off period)
16. INDEMNITY
You agree to indemnify and hold harmless sorted, its directors, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your breach of these Terms
- Your misuse of the Service
- Your submission of Content that infringes the rights of a third party
- Your reliance on AI-generated outputs without independent verification
- Any unlawful activity conducted through your Account
17. CHANGES TO THESE TERMS
We may update these Terms from time to time. When we do:
- We will notify you via WhatsApp at least 21 days before the changes take effect
- We will clearly explain what has changed
- Your continued use of the Service after the effective date constitutes acceptance of the updated Terms
- If you do not agree with the changes, you may cancel your Account before the effective date
We will never make material changes to these Terms without giving you the opportunity to review them first.
18. GENERAL PROVISIONS
18.1 Entire agreement
These Terms, together with the Privacy Policy and any supplementary terms for specific features (such as Credit Readiness Features), constitute the entire agreement between you and sorted.
18.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
18.3 No waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
18.4 Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of our business, provided we notify you.
18.5 Language
These Terms are drafted in English. If we provide translations, the English version prevails in case of any inconsistency.
18.6 Notices
Any notice to sorted may be sent via email to info@sorted.mobi. Notices to you will be sent to the WhatsApp number associated with your Account.
19. CONTACT US
If you have any questions about these Terms, please contact us:
- Company: Sorted Mobi (Pty) Ltd
- Information Officer: Sunesh Bhoola
- Email: info@sorted.mobi
- Website: sorted.mobi
By using sorted, you confirm that you have read, understood, and agree to these Terms and Conditions.