Not ready to publish. Company registration details, the physical address and the Information Officer are still unfilled. ECTA § 43(1) requires them, and a policy that names no responsible party is unenforceable and misleading. Fill in src/lib/legal/entity.ts before launch.

Draft pending legal review. These documents were drafted against POPIA, ECTA, the CPA and PAIA, but not by an admitted attorney. Enc0ded processes identity documents and special personal information, where the consequences of a defective notice fall on the data subject. Have them reviewed before they are relied on.

Terms of service

Version 1.0 · Last updated 22 August 2026

This is the agreement between you and Enc0ded. It also carries the disclosures that section 43 of the Electronic Communications and Transactions Act 25 of 2002 requires an online supplier to publish, and it is subject to the Consumer Protection Act 68 of 2008.

1 Who you are contracting with

Legal name
[TO BE COMPLETED BEFORE LAUNCH]
Trading as
Enc0ded
Registration number
[TO BE COMPLETED BEFORE LAUNCH]
VAT number
[TO BE COMPLETED BEFORE LAUNCH]
Directors / members
[TO BE COMPLETED BEFORE LAUNCH]
Physical address
[TO BE COMPLETED BEFORE LAUNCH]
Postal address
[TO BE COMPLETED BEFORE LAUNCH]
Email
[TO BE COMPLETED BEFORE LAUNCH]
Telephone
[TO BE COMPLETED BEFORE LAUNCH]
Website
https://www.enc0ded.com

These details are published because ECTA § 43(1) requires them. If any of them is wrong or out of date, tell us and we will correct it.

2 What the service does

Enc0ded provides:

  • A document vault. Store identity documents and release them to a named recipient through an expiring link that requires a one-time code.
  • Access requests. Institutions can ask for a specific document; you approve or refuse each request.
  • A security score. An indicative measure of your exposure, based on answers you give.
  • Breach monitoring. Addresses you nominate are checked against known breach data, and you are alerted to matches.
  • A POPIA data map. Track who holds your information and issue erasure requests. Where an organisation has a privacy address on file we send the request for you; where it does not, we prepare the letter for you to send. We do not act as your attorney, and we cannot compel anyone to comply.
  • Digital Legacy. Store credentials encrypted under a master password we never receive, releasable to a nominee after a cooling-off period.

3 What it does not do

Stated plainly, because the gap between what a security product implies and what it does is where people are hurt:

  • It does not prevent identity theft. It reduces how widely your documents circulate and tells you when something is exposed.
  • It does not monitor “the dark web” in real time. It checks nominated addresses against known, published breach datasets. An exposure that has not been published anywhere will not appear.
  • It is not legal advice. The POPIA tools help you exercise rights you already have; whether to escalate to the Information Regulator is your decision.
  • It is not a substitute for an executor, and Digital Legacy is not part of formal estate administration.
  • The security score is indicative. Its weightings are not actuarially validated and it should not be relied on as a professional assessment.

4 Your account

You must be 18 or older. You are responsible for keeping your password and your Digital Legacy master password safe, and for everything done through your account.

We cannot recover your Digital Legacy master password. It never reaches us. If you lose it, the credentials encrypted under it are unrecoverable by anyone, including us. That is the design, and it is the trade-off you accept in exchange for us being unable to read them.

Tell us immediately if you think someone else has access to your account.

5 Fees, and what happens when you stop paying

PlanPriceIncludes
FreeFreeKnow where you stand
GuardianR79.00 / monthFull identity monitoring and the vault
FortressR149.00 / monthWhole-household protection

Prices include VAT where we are registered for it. Payment is monthly in advance through PayFast; your card details go to them and never reach us.

Cancel at any time. There is no minimum term and no cancellation fee. Your paid features continue until the end of the period you have already paid for. We do not refund part-months, save where the Consumer Protection Act requires it.

Your data survives non-payment. If a payment fails or you cancel, your account reverts to Free and paid features lock — but nothing is deleted. Your documents remain downloadable. We will not hold your identity documents hostage against a failed debit order.

If you pay for a family plan, cancelling ends cover for everyone on it. They keep their own accounts and their own data, and revert to Free.

6 Your right to cancel a fresh purchase

ECTA § 44 gives a consumer seven days to cancel an electronic transaction without reason or penalty. We apply it: tell us within seven days of your first payment and we will refund it in full.

The Consumer Protection Act also applies to this agreement. Nothing here limits a right the CPA gives you, and where any clause conflicts with it, the CPA prevails.

7 Acceptable use

You may not use Enc0ded to:

  • Store or share documents belonging to someone else without their consent.
  • Impersonate anyone, or create an account in another person's name.
  • Store material that is unlawful to possess.
  • Attempt to access another customer's data, or to circumvent access controls.

We may suspend an account for a breach of this clause. Where we do, we will tell you why, and you keep the right to export your data.

Security researchers: we would rather hear from you than not. Report a vulnerability to [TO BE COMPLETED]and we will not pursue you for good-faith research that does not access another person's data or degrade the service.

8 Availability

We aim to keep Enc0ded available at all times, but we do not promise uninterrupted service. Planned maintenance will be announced where we can. Your documents are stored with a provider that replicates them; you should still keep your own copies of anything you cannot replace.

9 Liability

Nothing in this agreement excludes liability for death or personal injury caused by our negligence, for fraud, or for anything the Consumer Protection Act does not permit us to exclude.

Subject to that, our total liability to you in any twelve-month period is limited to the fees you paid us in that period. We are not liable for indirect or consequential loss, or for loss arising from your disclosure of a share link or password to someone else.

We are not liable for what a recipient does with a document after you have chosen to share it with them. A share link is a decision you make.

10 Your information

How we handle personal information is set out in the privacy policy, which forms part of this agreement.

11 Changes to these terms

We will give you at least 20 business days' notice of a material change, by email. If you do not accept it, you may cancel before it takes effect and we will refund any unused period.

12 Disputes

Please raise a complaint with us first at [TO BE COMPLETED]. If we cannot resolve it, you may refer the matter to the National Consumer Commission or another accredited ombud under the Consumer Protection Act, or to a South African court. This agreement is governed by South African law.