H&M Information Management Services (Pty) Ltd TERMS OF SERVICE
Last Updated: 23 March 2026
These Terms of Service (the "Terms" or the "Agreement") are a legal agreement between:
- H&M Information Management Services (Pty) Ltd (RSA Reg. No. 2023/606164/07), trading as Docwize ("Docwize", "we", "us" or "our"); and
- The customer identified in an applicable order form, proposal, online sign-up page or similar document ("Customer", "you").
This Agreement governs Customer's access to and use of Docwize's eDiscovery and automation software-as-a-service platform and related services (the "Service").
By (a) signing an order form referring to these Terms, (b) clicking "I accept", or (c) accessing or using the Service, you agree to be bound by this Agreement from the date of first such action (the "Effective Date").
If you have a separate offline agreement with Docwize that expressly governs your use of the Service, that agreement prevails in the event of conflict.
1. DEFINITIONS
Terms defined here apply throughout this Agreement:
1.1 "Affiliate" means any entity that controls, is controlled by or under common control with a party.
1.2 "Authorised User" means any individual authorised by Customer to access or use the Service under Customer's account.
1.3 "Confidential Information" means information disclosed by or on behalf of one party to the other party in connection with this Agreement that is designated as confidential or that, given the nature of the information or the circumstances of disclosure, a reasonable person would understand to be confidential. Confidential Information includes, without limitation, business plans, pricing, technical data, product roadmaps, Customer Data, and the terms of each Order Form. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was lawfully known to the receiving party before disclosure without obligation of confidentiality; (c) is lawfully received from a third party without restriction on disclosure and without breach of any obligation owed to the disclosing party; or (d) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.
1.4 "Customer Data" means all data, documents, files, metadata, structured or unstructured information, and other content uploaded to, submitted to or processed through the Service by or on behalf of Customer or its Authorised Users.
1.5 "Documentation" means Docwize's online user guides, technical documentation and service descriptions made generally available to customers.
1.6 "Feedback" means suggestions, ideas, enhancement requests or other feedback provided by Customer or its Authorised Users regarding the Service.
1.7 "Order Form" means any ordering document, proposal or online sign-up page referencing this Agreement.
1.8 "Personal Information" / "Personal Data" has the meaning given under POPIA, GDPR or other applicable data protection laws.
1.9 "Subscription" means Customer's right to access and use the Service during the Subscription Term in accordance with this Agreement.
1.10 "Subscription Term" means the initial period set out in an Order Form and any renewal periods.
1.11 "Third-Party Services" means third-party applications, platforms or integrations used with or alongside the Service.
1.12 "Usage Limits" means any quantitative or qualitative limits on Customer's use of the Service as stated in the Order Form or Documentation.
1.13 "AI Features" means automation or machine-learning-based functionality such as classification, extraction, OCR, summarisation, generative text, workflow suggestions, metadata generation and similar capabilities made available as part of the Service.
2. INCORPORATION OF POLICIES
The following documents form part of this Agreement:
(a) Docwize Privacy Policy (b) Docwize Data Processing Addendum ("DPA") (c) Cookie Notice (if applicable) (d) Any addenda or policies expressly referenced in an Order Form
In the event of conflict between these Terms and the DPA, the DPA governs with respect to Personal Data matters.
3. SCOPE OF AGREEMENT
3.1 This Agreement governs the relationship and all Order Forms executed between the parties.
3.2 If a conflict exists between these Terms and an Order Form, the Order Form prevails to the extent of the conflict.
4. ACCESS TO THE SERVICE
4.1 Subject to this Agreement and any applicable Usage Limits, Docwize grants Customer a non-exclusive, non-transferable right to access and use the Service during the Subscription Term for Customer's internal business purposes and, where Customer provides managed services or outsourced document management to its own clients, to use the Service in connection with such services. Customer may not resell, sublicense or make the Service available to third parties as a standalone product or platform.
4.2 Customer is responsible for all actions taken under its accounts, proper configuration of user permissions, and the secure use of credentials.
4.3 Docwize may release opt-in beta or preview features ("Beta Features"). Beta Features may be modified or withdrawn at any time and are provided "as is" without warranties of any kind.
4.4 Docwize may update or modify the Service from time to time. Docwize will not intentionally make changes that materially and adversely reduce the core functionality of the Service taken as a whole during a Subscription Term, except where required for legal, regulatory, operational or security reasons. For clarity, individual features may be modified, replaced or retired provided the Service as a whole continues to materially conform to the Documentation.
4.5 Suspension.
(a) Planned maintenance. Where reasonably practicable, Docwize will provide at least five (5) business days' prior notice of planned maintenance or scheduled service suspensions that are expected to materially affect availability.
(b) Immediate suspension. Docwize may suspend access to the Service without prior notice where Docwize reasonably determines that immediate action is necessary due to: (i) a security threat or vulnerability; (ii) suspected abuse or violation of this Agreement; (iii) a legal or regulatory requirement; or (iv) non-payment of fees after the applicable cure period.
(c) Scope. Where reasonably feasible, Docwize will limit any suspension to the affected Authorised Users, accounts or features rather than suspending the entire Service.
(d) Restoration. Where applicable, Docwize will restore access promptly once the issue giving rise to the suspension has been resolved.
4.6 Docwize is not a law firm and does not provide legal advice. The Service supports workflows only. Customer must consult qualified professionals for legal decisions.
4.7 Organisation Accounts and Administrators. If an account is created or accessed using an email address owned by an organisation (for example, a corporate domain), that organisation is deemed to be the owner of the account. Docwize may, at the request of the organisation, grant administrative control to verified administrators. Administrators may access, review, modify or delete Customer Data associated with accounts under their domain and manage Authorised Users' access to the Service.
5. CUSTOMER RESPONSIBILITIES
5.1 Customer is responsible for ensuring compliance with all applicable laws in all jurisdictions where it operates or processes data, including cross-border legal requirements, data protection laws, electronic signature laws and any applicable AI-specific regulations.
5.2 Customer and its Authorised Users may not:
(a) reverse engineer, decompile, disassemble, modify or create derivative works of the Service; (b) resell, sublicense or make the Service available to third parties as a standalone product or platform, except as expressly permitted under Section 4.1; (c) bypass or circumvent security controls or exceed Usage Limits; (d) upload malware or harmful content; (e) use the Service to violate any applicable law or third-party rights.
5.3 The Service is not designed or intended to comply with industry-specific regulatory frameworks such as HIPAA, GLBA, PCI DSS or similar standards unless expressly agreed in a signed Order Form or written addendum. Customer must not submit data that requires compliance with such frameworks without such prior written agreement.
5.4 Customer must promptly notify Docwize of any unauthorised access or security incident involving its accounts or Customer Data.
5.5 Customer is solely responsible for verifying the identity, authority and eligibility of signers, reviewers, recipients and other participants in any workflow, including any electronic signature workflows.
5.6 Customer is solely responsible for determining whether any document is suitable for electronic signature under applicable law and for providing any legally required disclosures to signers or participants.
6. CUSTOMER DATA AND PRIVACY
6.1 Customer retains all ownership rights in Customer Data.
6.2 Customer grants Docwize a limited right to process Customer Data solely as necessary to provide, maintain, secure and support the Service in accordance with this Agreement.
6.3 To provide the Service, Customer authorises Docwize to perform operations such as hosting, storage, secure transmission, replication, backup, scanning for malware, OCR, text extraction, classification, deduplication, search indexing, preview and thumbnail generation, document rendering, and similar technical processing.
6.4 Docwize may create aggregated or de-identified data derived from Customer Data for operational analytics, reliability monitoring, security improvement, abuse prevention and general service improvement, provided such data cannot reasonably be used to identify Customer or any individual. For the avoidance of doubt, aggregated or de-identified data may not be used to train third-party or general-purpose AI or machine-learning models.
6.5 Personal Data processed under this Agreement is governed by the DPA.
6.6 Personal Information collected by Docwize for its own account administration purposes is subject to the Privacy Policy.
6.7 Following termination or expiry, Customer Data will be available for export for thirty (30) days from the effective date of termination or expiry ("Export Period"), unless a different period is stated in the Order Form. Export will be provided in a standard, commonly used format. After the Export Period, Docwize will delete Customer Data from active systems in accordance with the DPA, subject to applicable legal retention requirements.
7. INTELLECTUAL PROPERTY
7.1 Docwize retains ownership of all rights, title and interest in the Service, software, Documentation and associated intellectual property. Nothing in this Agreement transfers ownership of any Docwize intellectual property to Customer.
7.2 Customer may not remove or alter any proprietary notices in the Service or Documentation.
7.3 Customer hereby grants to Docwize a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable licence to use, reproduce, modify, incorporate and otherwise exploit Feedback for any purpose, including to improve, develop and commercialise the Service and Docwize's other products and services, without obligation or compensation to Customer.
8. FEES AND PAYMENT
8.1 Fees are set out in the Order Form and are non-refundable except as expressly stated in this Agreement or the Order Form.
8.2 Invoices are payable within the timeframe specified in the Order Form. If no payment period is specified, invoices are payable within thirty (30) days from the date of invoice.
8.3 All fees are exclusive of applicable taxes (including VAT), duties and levies, which are Customer's responsibility unless Customer provides a valid exemption certificate.
8.4 If Customer fails to pay undisputed fees when due and does not cure such failure within fifteen (15) days after written notice, Docwize may suspend access to the Service in accordance with Section 4.5.
8.5 Docwize may revise fees for any renewal Subscription Term by providing written notice at least sixty (60) days before the start of the renewal term, or such longer period as specified in the Order Form.
9. CONFIDENTIALITY
9.1 Obligations. Each party (the "Receiving Party") must: (a) hold the other party's (the "Disclosing Party's") Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party except as permitted under this Section; and (c) use Confidential Information only to exercise its rights or perform its obligations under this Agreement.
9.2 Standard of care. The Receiving Party must protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, and in any event no less than reasonable care.
9.3 Permitted disclosures. The Receiving Party may disclose Confidential Information to its employees, officers, directors, professional advisers and contractors who (a) have a need to know for purposes of this Agreement; and (b) are bound by confidentiality obligations no less protective than this Section. The Receiving Party remains responsible for any disclosure by such persons.
9.4 Compelled disclosure. If the Receiving Party is compelled by law, regulation, court order or governmental authority to disclose Confidential Information, it must: (a) to the extent legally permitted, provide the Disclosing Party with prompt written notice so that the Disclosing Party may seek a protective order or other remedy; and (b) disclose only the minimum amount of Confidential Information necessary to comply.
9.5 Return or destruction. Upon termination or expiry of this Agreement, or upon the Disclosing Party's written request, the Receiving Party must promptly return or destroy all Confidential Information in its possession or control, except to the extent retention is: (a) required by applicable law, regulation or professional standards; (b) necessary to comply with the data retention and deletion obligations in the DPA; or (c) contained in automated backup, archival or logging systems from which selective deletion is not reasonably practicable. All retained Confidential Information remains subject to the obligations of this Section for the duration of the retention.
9.6 Survival. The obligations in this Section survive termination or expiry of this Agreement for a period of three (3) years, except that obligations relating to trade secrets survive for as long as the information qualifies as a trade secret under applicable law.
10. AUTOMATION AND AI FEATURES
10.1 The Service includes automation, analytics and AI-driven features that may classify, extract, summarise, analyse, generate or transform content.
10.2 AI outputs are probabilistic, may be incorrect or incomplete, and are intended only as assistive suggestions.
10.3 AI outputs do not constitute professional, legal or business advice. Customer must validate all outputs before relying on them.
10.4 No training of third-party or general-purpose models. No Customer Data may be used to train third-party models or general-purpose AI or machine-learning models. AI sub-processors engaged by Docwize may process Customer Data only to the extent necessary to provide the AI-enabled functionality requested by Customer or activated by Customer's use of the applicable functionality. Docwize may use aggregated or de-identified data for analytics, reliability, security, abuse prevention and general service improvement, but not for training third-party or general-purpose AI or machine-learning models.
10.5 Customer must ensure that individuals interacting with content that has been generated or materially modified using AI Features are informed of that fact where required by applicable law, and must ensure any required labelling or disclosures are implemented.
10.6 Customer must apply meaningful human oversight to AI-assisted workflows and must not rely solely on automated results for decisions that may materially affect individuals.
10.7 Docwize may use third-party AI models as part of the Service. Information about such models, including their general capabilities and any vendor-disclosed limitations, is available through the Documentation and the Sub-Processors page. Customer is responsible for reviewing such information and using AI Features in accordance with this Agreement and applicable law.
10.8 If Customer uses AI Features in a manner that causes a solution or workflow built with the Service to fall within any legally defined "high-risk" category or similar regulatory classification, Customer is solely responsible for complying with all obligations that apply to such use. Docwize does not assume those obligations on Customer's behalf.
11. PROHIBITED AI PRACTICES
Customer must not use the Service, including AI Features, to:
(a) develop, deploy or assist in AI systems that manipulate individuals in ways that materially impair their ability to make free and informed decisions; (b) exploit vulnerabilities of individuals related to their age, disability or socio-economic situation; (c) perform or enable social scoring or ranking of individuals; (d) predict criminal behaviour based solely on profiling or sensitive characteristics; (e) scrape or build facial recognition databases from images at scale; (f) perform biometric categorisation of individuals based on sensitive attributes; (g) perform emotion recognition in employment, education or similar contexts; (h) perform real-time remote biometric identification of individuals in publicly accessible spaces; (i) engage in any other AI use that is prohibited by applicable law.
Docwize does not provide or support such uses and may suspend or terminate access where it reasonably suspects such use.
12. WARRANTIES AND DISCLAIMERS
12.1 Each party warrants that it has the authority to enter into this Agreement.
12.2 Customer warrants that it has lawful rights to submit Customer Data and that such data does not violate any applicable law or third-party rights.
12.3 Docwize warrants that during the Subscription Term the Service will materially conform to the Documentation.
12.4 Warranty remedy. If Customer notifies Docwize in writing of a material failure of the Service to conform to the Documentation, Docwize will use commercially reasonable efforts to correct the non-conformance within a reasonable time. If Docwize is unable to correct the non-conformance within sixty (60) days of receipt of Customer's written notice, Customer may, as its sole and exclusive remedy for such non-conformance, terminate the affected Subscription and receive a pro-rata refund of any prepaid fees for the unused portion of the Subscription Term.
12.5 Except for the express warranties in this Section, the Service is provided "as is" and Docwize disclaims all implied warranties to the fullest extent permitted by applicable law, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13. INDEMNITIES
13.1 Customer indemnity. Customer will indemnify, defend and hold harmless Docwize and its officers, directors, employees and agents against any third-party claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from: (a) Customer Data; (b) Customer's or its Authorised Users' misuse of the Service; or (c) Customer's breach of Section 5 (Customer Responsibilities).
13.2 Docwize indemnity. Docwize will indemnify, defend and hold harmless Customer and its officers, directors, employees and agents against any third-party claims alleging that Customer's authorised use of the Service in accordance with this Agreement infringes a third party's intellectual property rights. Docwize has no obligation under this Section to the extent a claim arises from: (a) Customer Data; (b) combination of the Service with products, services, data or technology not provided by Docwize; (c) modifications to the Service made by or on behalf of Customer; (d) use of the Service outside the scope of this Agreement or the Documentation; or (e) Customer's continued use of a version of the Service after Docwize has notified Customer of an infringement concern and provided a non-infringing alternative or workaround.
13.3 Mitigation. If the Service becomes the subject of an infringement claim or Docwize reasonably believes it may, Docwize may at its option and expense: (a) procure the right for Customer to continue using the Service; (b) modify or replace the affected component to make it non-infringing; or (c) if neither (a) nor (b) is commercially practicable, terminate the affected Subscription and refund any prepaid fees for the unused portion of the Subscription Term.
13.4 Indemnity procedures. The party seeking indemnification (the "Indemnified Party") must: (a) give the indemnifying party prompt written notice of the claim (provided that failure to give prompt notice will only reduce the indemnifying party's obligations to the extent it is materially prejudiced by the delay); (b) grant the indemnifying party sole control of the defence and settlement of the claim; and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party may not settle any claim in a manner that imposes obligations on, or admits fault on behalf of, the Indemnified Party without the Indemnified Party's prior written consent, which must not be unreasonably withheld.
14. LIMITATION OF LIABILITY
14.1 Exclusion of indirect damages. To the maximum extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or business opportunity, arising out of or relating to this Agreement, regardless of the theory of liability.
14.2 General cap. Subject to Sections 14.3 and 14.4, each party's total aggregate liability arising out of or relating to this Agreement will not exceed the total fees paid or payable by Customer to Docwize in the twelve (12) months immediately preceding the event giving rise to the claim (the "General Cap").
14.3 Enhanced cap. Each party's total aggregate liability for claims arising from (a) its confidentiality obligations under Section 9; or (b) its indemnification obligations under Section 13, will not exceed two times (2x) the total fees paid or payable by Customer to Docwize in the twelve (12) months immediately preceding the event giving rise to the claim.
14.4 Uncapped obligations. The limitations in Sections 14.1, 14.2 and 14.3 do not apply to: (a) Customer's payment obligations under Section 8; or (b) liability that cannot be limited or excluded under applicable law.
15. TERM AND TERMINATION
15.1 This Agreement remains in effect for as long as Customer has an active Subscription.
15.2 Unless otherwise specified in the Order Form, each Subscription Term will automatically renew for successive periods equal in length to the initial Subscription Term. Either party may give written notice of non-renewal at least thirty (30) days before the end of the then-current Subscription Term, or such longer period as specified in the Order Form.
15.3 Either party may terminate this Agreement (or any affected Order Form) for material breach if the breach remains uncured thirty (30) days after written notice specifying the breach.
15.4 Upon termination or expiry, Customer's access to the Service ceases and all outstanding fees remain payable.
15.5 Customer Data will be available for export during the Export Period described in Section 6.7.
16. ELECTRONIC COMMUNICATIONS AND SIGNATURES
16.1 Customer consents to receiving electronic communications and notices from Docwize.
16.2 Electronic acceptance, click-wrap acceptance and electronic signatures constitute binding agreement and have the same legal effect as handwritten signatures to the fullest extent permitted by applicable law.
Customer is responsible for determining whether electronic signatures are valid and enforceable for its particular documents and jurisdictions.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa.
17.2 The parties must attempt to resolve disputes in good faith through negotiation before commencing formal proceedings.
17.3 The courts of the Republic of South Africa have exclusive jurisdiction, subject to either party's right to seek urgent or interim relief in any court of competent jurisdiction.
18. THIRD-PARTY SERVICES
Customer's use of Third-Party Services is subject to the terms of those providers. Docwize is not responsible for the acts or omissions of third-party providers, or for their services, content, security or availability. Integrations are provided "as is" and may be modified or discontinued.
19. TEMPLATES AND FORMS
Any templates, sample forms, workflows or configuration examples made available in the Service are for informational purposes only and do not constitute legal, professional or business advice. Docwize does not warrant that such materials are suitable for any particular purpose or jurisdiction. Customer is solely responsible for reviewing such materials and obtaining its own legal advice where required. Docwize is not a party to any agreements created or executed using the Service.
20. GENERAL
20.1 Force majeure. Neither party is liable for delays or failures in performance caused by events beyond its reasonable control, provided the affected party gives prompt notice and uses reasonable efforts to mitigate.
20.2 Independent contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship.
20.3 Notices. Notices must be in writing and delivered to the addresses specified in the Order Form (or, for operational notices, to Customer's designated account email address). Notices are deemed received when delivered in person, one (1) business day after sending by nationally recognised overnight courier, or upon confirmed transmission by email.
20.4 Assignment. Customer may not assign this Agreement without Docwize's prior written consent. Docwize may assign this Agreement to an Affiliate or in connection with a merger, acquisition or sale of all or substantially all of its assets. Any purported assignment in violation of this Section is void.
20.5 Entire agreement. This Agreement (including all Order Forms, the DPA and incorporated policies) constitutes the entire agreement between the parties concerning the Service and supersedes all prior or contemporaneous agreements, proposals, representations and understandings relating to the same subject matter.
20.6 Waiver. No failure or delay in exercising any right under this Agreement operates as a waiver of that right. Any waiver must be in writing and signed by the waiving party. A waiver of any right on one occasion does not constitute a waiver of that right on any other occasion.
20.7 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
20.8 No third-party beneficiaries. This Agreement is for the sole benefit of the parties and their permitted successors and assigns. Nothing in this Agreement confers any rights on any third party.
20.9 Amendments. (a) Where Customer has entered into a signed Order Form or separately negotiated agreement with Docwize, this Agreement may only be amended by a written instrument signed by both parties, unless the Order Form or negotiated agreement expressly provides otherwise. (b) Where Customer's Subscription is based on online self-serve sign-up without a signed Order Form, Docwize may amend these Terms by publishing updated Terms and providing Customer with at least thirty (30) days' prior notice (by email or in-product notification). Customer's continued use of the Service after the effective date of the updated Terms constitutes acceptance. If Customer does not agree to the updated Terms, Customer may terminate the affected Subscription before the effective date of the changes.