LEGAL

Terms & Conditions

Effective Date: 1 March 2026 · Rack City Finance (Pty) Ltd t/a Gemma Tax Engine (CIPC Reg No: 2024/563250/07 · https://gemmatax.co.za)

1. Acceptance of These Terms

By creating an account or using Gemma Tax Engine ("the Service"), you agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree, please do not use the Service.

2. Nature of Service (SaaS & Non-Fiduciary Processor)

Rack City Finance (Pty) Ltd (CIPC Reg No: 2024/563250/07) operates Gemma Tax Engine (https://gemmatax.co.za), an automated, cloud-based Software-as-a-Service (SaaS) financial management, data parser, and tax telematics platform designed for South African individuals, freelance digital creators, and small businesses. Core Software Features include: (1) Bank Statement Ledger Ingestion (PDF/CSV normalization); (2) Automated SARS Tax Telematics (ITR12 & IRP6 modeling under the Income Tax Act No. 58 of 1962); (3) Allowable Deduction Scanning (Section 11(a), Section 11(e), Section 11F, and Section 8(1)(b) travel logbooks); and (4) GemmaAI Software Assistant. Gemma Tax Engine operates strictly as a software automation platform under Human-in-the-Loop (HITL) principles. Rack City Finance (Pty) Ltd is NOT an authorized Financial Services Provider (FSP) under the FAIS Act, does NOT provide financial advisory services, and does NOT hold, custody, or transmit customer deposits or third-party funds.

3. Payment Processing, Delivery & Refund Policy (Payfast)

What Customers Pay For: Customers pay a recurring monthly or annual software subscription fee in South African Rand (ZAR, inclusive of statutory 15% VAT) to access our online software suite (we do not sell physical goods): Salaried Tier (Individual PAYE) at R50.00 / month (or R500.00 / year); Creator Core (Sole Proprietor / Freelancer) at R150.00 / month (or R1,500.00 / year); Corporate Enterprise (PTY LTD / SME) at R450.00 / month (or R4,500.00 / year); plus specialized unbundled statutory engines. All payments are processed securely via PayFast (Pty) Ltd over 256-bit SSL/TLS encryption, and we never store raw credit card numbers or banking passwords. Digital fulfillment is instant upon payment confirmation. Under South Africa's ECTA (including Section 43 disclosures) and CPA (including Section 48/49 notices), you may cancel anytime via your account dashboard and qualify for a 100% full refund within 7 calendar days of initial payment if you have not ingested bank statements or generated automated SARS tax schedules (credited back via PayFast within 5 to 10 business days).

4. Accuracy & Final Submissions (Income Tax Act No. 58 of 1962)

While Gemma Tax Engine uses real-time statutory rules based on the South African Income Tax Act No. 58 of 1962 and VAT Act No. 89 of 1991, all outputs are computer-generated for informational and planning purposes. Taxpayers maintain final authority and sole responsibility over verifying every figure and over all statutory returns (ITR12, IRP6, ITR14) submitted directly to SARS.

5. Account Registration & Security

You must provide accurate information when registering and are responsible for keeping your login credentials confidential. Notify us immediately of any unauthorised use of your account.

6. POPIA Section 19 Data Privacy & Bank Statement Processing

User bank statement uploads, open-banking connections, and ledger transactions are processed strictly in accordance with Section 19 of the Protection of Personal Information Act (POPIA). Data is minimized, encrypted in transit (TLS) and at rest (AES-256), and utilized solely for your automated tax ledger calculations.

7. Acceptable Use

You agree not to misuse the Service, attempt to circumvent its security, reverse-engineer it, or use it to submit false or fraudulent information to any tax authority.

8. Intellectual Property

The Service, including its software, design and content, is owned by Rack City Finance (Pty) Ltd and protected by applicable intellectual property laws. Nothing in these Terms transfers ownership of the Service to you.

9. Limitation of Liability

To the maximum extent permitted by law, Rack City Finance (Pty) Ltd is not liable for any indirect, incidental or consequential loss arising from your use of the Service, including penalties, interest or losses resulting from inaccurate tax filings. The Service is provided "as is" without warranties of any kind.

10. Termination

We may suspend or terminate access to the Service for breach of these Terms or non-payment. You may cancel your subscription at any time from your account settings.

11. Governing Law

These Terms are governed by the laws of the Republic of South Africa, and any dispute will be subject to the jurisdiction of the South African courts, without prejudice to any mandatory consumer protections in other jurisdictions where the Service is used.

12. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Registered Corporate Contact Details

Entity Name: Rack City Finance (Pty) Ltd t/a Gemma Tax Engine · CIPC Registration Number: 2024/563250/07· Company Address & Registered Domicilium: 56 St Ives Road, Bellair, Queensburgh, Durban, 4096 · Contact Number: 079 432 5720 · Support Email: support@gemmatax.co.za · Website: https://gemmatax.co.za