Terms of Service

Version 2026-10-01 · Omer ERP, operated by Peluve (Pty) Ltd (registration 2021/406050/07, South Africa).

⚠ Draft, pending review by a qualified attorney. It describes what the software actually does today, but the commercial terms — liability caps, consumer-law carve-outs under the CPA and ECTA, and the governing-law clause — have not been settled and this is not legal advice.

These Terms of Service (“Terms”) govern your access to and use of the Omer ERP software-as-a-service application and related services (the “Service”), provided by Peluve (Pty) Ltd (“we”, “us”). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Omer ERP is a cloud-based inventory, manufacturing and stock-control application. We grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription, subject to these Terms. Your data is held in a workspace of your own, kept separate from every other customer's.

2. Accounts & registration

You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for keeping your credentials secure. You must be at least 18 and authorised to bind your organisation. Notify us promptly of any unauthorised use. The person who signs up accepts these Terms and the Privacy Policy for the workspace; the version accepted and the date are recorded against that account.

3. Your team, and outside people you invite

You decide who reaches your workspace. Alongside your own staff, the Service lets you invite people from outside your organisation — a contract manufacturer's or partner's staff — into a restricted portal, where they see only the areas you grant: batches to make, stock levels, order quantities and dates, and the recipes for the specific products you tick. Outside users are never shown prices, costs, margins or stock values, and cannot reach the main site at all.

That is still your data being shown to a third party, and it is your decision:

You are responsible for who you invite, for the access you grant them, and for withdrawing it when it is no longer needed.
Where what they see includes personal information — your customers' names on a delivery list, for example — you are the responsible party for that disclosure and must have a lawful basis and, where the law requires it, an agreement in place with their employer. Our Data Processing Addendum sets out how this works between us.
Outside users bind themselves to these Terms by using the Service, and you remain responsible for their use of it.

4. Subscriptions, trials & billing

Paid plans and their limits are described on our pricing page. A new workspace starts on a free trial of the stated length; it converts to a paid subscription only when you choose a plan and pay.

Card payments are taken by Paystack, our payment processor, in South African rand. You enter your card details on Paystack's own page; they never reach us. Fees are billed in advance on a recurring basis and, except where the law requires otherwise, are non-refundable. We may change prices on prior notice, effective at your next renewal.

What happens when a trial lapses or payment stops. Nothing is deleted. Once online billing is active for your workspace, an expired trial, a failed payment or a cancellation past its paid-up date blocks changes: you can still sign in, read everything and export everything, but saving is refused until billing is put right. Cancelling ends renewal — access to make changes runs to the end of the period you have already paid for.

5. Acceptable use

You agree not to: (a) use the Service unlawfully or to infringe others' rights; (b) attempt to gain unauthorised access to the Service or to another customer's workspace; (c) reverse engineer, resell or white-label the Service except as expressly permitted; (d) upload malware or overload the Service; or (e) use it to store data you are not authorised to process.

6. Your data

As between you and us, you own the data you submit (“Customer Data”). You grant us the limited right to host, process and transmit Customer Data solely to provide and support the Service. You are responsible for the accuracy and legality of Customer Data and for having the necessary rights and consents. You can download the main tables of your workspace as CSV at any time from Setup → Export; the Privacy Policy lists exactly what that download covers and what it does not, and we will extract the rest on request.

Where Customer Data contains personal information, you are the responsible party (POPIA) or controller (GDPR) and we are your operator or processor. The Data Processing Addendum forms part of these Terms and governs that processing.

7. Where the Service runs

The Service is hosted in Frankfurt, Germany, and its database is intended to sit in the same region. If you are in South Africa, your Customer Data is stored and processed outside the Republic, and section 72 of POPIA applies to that transfer. The Privacy Policy lists every provider involved, what each receives and where it sits.

8. Third-party services & integrations

The Service depends on third parties — hosting, database, email, payments and error reporting — listed in the Privacy Policy. Their availability and terms may affect the Service, and we are not liable for third-party acts or omissions beyond our reasonable control.

Some connections are yours to switch on and yours to control:

Accounting (Xero). If you connect it, we push draft sales invoices and supplier bills out to your Xero organisation. Nothing is pulled back, and everything arrives as a draft for your bookkeeper to approve. Disconnecting stops the flow; documents already sent stay in Xero.
Your own email provider. If you configure your own email credentials, outgoing mail leaves through your provider rather than ours.
Webhooks and API keys. You can have the Service post events to any address you nominate and issue keys that let your systems read your workspace. Where that data goes, and who holds the keys, is your responsibility.

9. Availability & disclaimers

We aim for high availability but do not guarantee the Service will be uninterrupted or error-free. The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. You are responsible for maintaining your own backups and exports of Customer Data.

10. Limitation of liability

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our aggregate liability arising out of or relating to the Service will not exceed the amounts you paid us for the Service in the twelve (12) months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law, including under the Consumer Protection Act 68 of 2008 where it applies.

11. Indemnity

You will indemnify and hold us harmless from claims arising out of your Customer Data, out of who you gave access to, or out of your use of the Service in breach of these Terms or applicable law.

12. Term, termination & what happens to your data

These Terms apply while you use the Service. You may cancel at any time; the right to make changes continues to the end of your paid period. We may suspend or terminate your access for material breach or non-payment.

Ending a subscription does not delete anything. Your workspace and everything in it remain stored, and remain readable and exportable, until you ask us to delete them. There is no self-service delete in the Service today: write to admin@foodchem.co.za and we will delete the workspace and its contents within 30 days, apart from billing and tax records we are required to keep. Export first — deletion cannot be undone.

13. Changes

We may update these Terms from time to time. Material changes will be notified in-app or by email and take effect on the stated date. Continued use after the effective date constitutes acceptance.

14. Governing law

These Terms are governed by the laws of South Africa, without regard to conflict-of-laws rules, and the courts of South Africa have exclusive jurisdiction, subject to any mandatory consumer protections in your country of residence.

15. Contact

Questions about these Terms: admin@foodchem.co.za.