Terms of Service

The agreement between you and FairCase when you use the Platform

Version 2026-09-15 · Supersedes version 2026-07-26 · Governing law: Republic of South Africa

1. Introduction and acceptance of terms

1.1These Terms of Service ("Terms") govern your access to and use of the FairCase website, web application, and mobile application (together, the "Platform"), operated by BDT Systems (Pty) Ltd, registration number 2013/220891/07, trading as FairCase ("FairCase", "we", "us", or "our").

1.2By creating an account, submitting any information, or using any part of the Platform, you ("you", "User") agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

1.3You must be 18 years or older, or otherwise have the legal capacity to enter into a binding agreement under South African law, to use the Platform.

1.4We may update these Terms from time to time. We will notify registered Users of material changes by email or in-app notice. Where a change is material, we may require you to accept the updated Terms before you continue to use the Platform.

1.5Each version of these Terms carries a version date. The version you accepted, and the date and time of acceptance, are recorded against your account.

2. Description of the service

2.1FairCase provides an information and case-assessment service for individuals who have been dismissed from employment in South Africa and are considering referring a dispute to the Commission for Conciliation, Mediation and Arbitration ("CCMA"), as well as related dispute types with their own statutory referral time limits.

2.2The Platform allows Users to: (a) create a profile and submit details regarding their employment and dismissal; (b) upload supporting documents; (c) receive an automated probability assessment report regarding the likelihood of success of a CCMA referral ("the Report"); and (d) track the statutory referral deadline applicable to their dispute, download calendar reminders, and record whether they have filed.

2.3The numbers in your Report. Your probability score, the classifications shown in your Report, including the probability band, any automatically unfair grounds and the Labour Court indicator, and your settlement range are produced by a fixed set of rules applied to the structured answers you gave. The same rules are applied to every User. Your written description of what happened is not an input to those rules. The same answers always produce the same score, the same classifications and the same range.

2.4The written sections of your Report. The substantive analysis, the procedural analysis and the key risks are written by an artificial intelligence language model operated by Anthropic. The model is given the results of the rules engine, which it is instructed not to change, together with the written description of what happened that you entered and a small number of facts about your job. It writes those sections itself, in its own words. It cannot change your score, your classifications, or your settlement range, and it does not recommend a course of action in your matter. If your Report is generated again, the wording of those sections may differ. The numbers will not.

2.5The section explaining what happens next in the CCMA process is not written by artificial intelligence. It is standard information that is the same for every User with the same type of dispute, with your own dates and dispute type filled in. It describes what the process requires of any applicant. It does not tell you what to do in your matter, what to argue, or what evidence to gather for your own case.

2.6If the artificial intelligence provider is unavailable, the analysis sections are assembled from fixed templates instead, and your Report says so.

2.7The Report reflects an automated assessment based solely on the information you provided. No person at FairCase reads your case, or reviews, approves or changes an individual Report, before it is delivered to you.

3. FairCase is not a law firm. No legal advice

3.1The probability scores, classifications, and settlement estimates contained in any Report are automated outputs generated from the information you provide and publicly available legal and regulatory materials. They are estimates and indicative assessments only.

3.1AThe written sections of the Report are generated by an artificial intelligence language model, as described in clause 2.4. They are general explanation of how the law and the published guidance apply to facts of the kind you described. They are not legal advice, they are not an opinion on your matter, and they must not be relied on as either. A language model can be wrong, and it can express something confidently that is incorrect. Please read those sections with that in mind, and check anything that matters to you with a qualified legal practitioner.

3.2FairCase does not guarantee, warrant, or represent that: (a) any CCMA referral will succeed; (b) any particular outcome, award, or settlement will be achieved; (c) the probability score assigned to your case is an accurate prediction of the actual outcome; or (d) the information in the Report is complete, current, or applicable to your specific circumstances.

3.3You are solely responsible for any decisions made in reliance on the Report, including the decision to file or not file a referral with the CCMA, and for meeting any statutory deadlines applicable to your matter. We encourage every User to verify all deadlines independently and to consult a qualified legal practitioner, particularly in complex matters.

3.4Any use you make of your Report is entirely your own decision and responsibility. This includes, without limitation, whether to refer a dispute, what to include in any form, application, or submission to the CCMA or any other body, whether to attach or reference the Report in any proceeding, and whether or on what terms to settle. FairCase does not recommend or endorse any particular use of the Report.

3.5The Platform calculates statutory referral time limits from the dates you provide, and may offer reminder emails and calendar downloads as a convenience. These calculations, reminders, and downloads are provided on a best-effort basis only. They may be affected by information you entered, email deliverability, or technical factors outside our control, and they do not replace your own obligation under clause 3.3 to verify and meet every deadline applicable to your matter.

3.6Because this clause matters, we do not rely on your acceptance of these Terms alone. Before you pay for a Report you must separately confirm that you understand that the Report is automated, general information, that it is not legal advice, and that FairCase is not a law firm and has not reviewed your specific case. A short version of this disclaimer also appears on the Report itself.

4. Eligibility, accounts, and accuracy of information

4.1To use the Platform you must register for an account and provide accurate, current, and complete information, including your full name, South African identity number, contact details, and details relating to your employment and dismissal.

4.2You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

4.3You warrant that all information you submit to the Platform, including details regarding your employer, your dismissal, and any uploaded documents, is true, accurate, and not misleading to the best of your knowledge. FairCase relies entirely on the accuracy of User-submitted information to generate the Report, and the accuracy of the Report is directly dependent on the accuracy and completeness of what you provide.

4.4You must not submit any information relating to another person without that person’s knowledge and consent, save for information relating to your employer or its representatives that is reasonably necessary to describe the circumstances of your dismissal.

4.5Sign-in to the Platform is passwordless: your email address is your account identity and one-time codes are sent to it. You are responsible for keeping access to that mailbox secure, and you may enable optional two-factor authentication in your account settings. Temporary or disposable email addresses may not be used to register, because loss of the mailbox means loss of access to your account and any Report you have purchased.

4.6Your South African identity number is fixed to your account once your first assessment begins, and each account is for one natural person. Assessments may only be run in respect of your own dismissal or dispute.

5. Fees and payment

5.1Certain features of the Platform, including generation of the full Report, require payment of a once-off fee as displayed on the Platform at the time of purchase ("the Report Fee").

5.2All fees are quoted in South African Rand and are inclusive of value-added tax (VAT) where applicable, unless otherwise stated.

5.3Payments are processed by a third-party payment gateway. FairCase does not store your full payment card or banking details. Your use of the payment gateway is subject to that provider’s own terms and privacy policy.

5.4Once a Report has been successfully generated and made available to you, the Report Fee is non-refundable, save where a refund is required by South African consumer protection law, or where clause 5.7 applies, or where FairCase determines that the Report could not be generated because of a fault on our side.

5.5If you believe a Report contains a material error attributable to a fault in the Platform, as opposed to inaccurate information you submitted, you may contact FairCase support within 14 days of receiving the Report to request a review.

5.6Immediate delivery and cooling-off. Generating your Report is a service, not the sale of a ready-made digital product. By completing payment, you expressly request that FairCase begin generating and delivering your Report immediately, and you consent to this happening before the end of any statutory cooling-off period that might otherwise apply. Because the service begins with your express consent before that period ends, the statutory right to cancel for any reason within seven days does not apply once payment is complete, in accordance with section 42(2) of the Electronic Communications and Transactions Act 25 of 2002. This does not affect your rights under clause 5.7 if a technical failure on our part prevents your Report from being generated or delivered.

5.7If a technical failure on our side prevents your Report from being generated or made available after successful payment, we will regenerate the Report or refund the Report Fee.

6. Aggregated employer insights

6.1FairCase maintains aggregated statistics derived from case information submitted by Users through the Platform ("the Employer Database"), which may include the number and general nature of disputes assessed against a given employer.

6.2By submitting a case through the Platform and providing the relevant consent, you agree that anonymised, aggregated data derived from your submission may be included in the Employer Database. No individually identifiable information about you is included in any displayed statistic, the free-text description of your circumstances is never included, and aggregated statistics are displayed only where at least three consenting cases exist for the employer concerned. The full anonymisation standard is set out in our Privacy Policy.

6.3Information in the Employer Database is derived solely from User submissions to the Platform and has not been independently verified by FairCase. It does not necessarily reflect the totality of CCMA referrals against any given employer, and must not be treated as a complete or verified record. Aggregated statistics are displayed only within the Platform.

7. Acceptable use

7.1You agree not to:

• Submit false, fraudulent, or materially misleading information to the Platform
• Use the Platform to submit a claim or dispute on behalf of another person without proper authorisation
• Attempt to gain unauthorised access to any part of the Platform, other Users’ accounts, or FairCase’s systems
• Use any automated means, such as bots or scrapers, to access or extract data from the Platform without our prior written consent
• Use the Platform for any unlawful purpose or in a manner that infringes the rights of any third party, including your employer
• Reproduce, resell, or commercially exploit any Report or Platform content without our prior written consent

8. Intellectual property

8.1All content, design, software, trademarks, and other intellectual property comprising the Platform, including the structure, scoring methodology, and report templates, are owned by or licensed to FairCase and are protected by South African and international intellectual property law.

8.2You retain ownership of the personal information and documents you submit. By submitting such information, you grant FairCase a licence to use it solely for the purposes of generating your Report, operating the Platform, improving the Platform and our scoring methodology using de-identified or aggregated data, and, where you have consented, contributing anonymised data to the Employer Database.

8.3The Report generated for you is provided for your personal use in connection with your CCMA matter. You may share it with a legal adviser, the CCMA, or your employer in connection with your dispute, but may not otherwise distribute, publish, or commercially exploit it without our consent.

9. Limitation of liability

9.1To the maximum extent permitted by South African law, FairCase, its directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential loss or damage arising from or in connection with: (a) your use of or inability to use the Platform; (b) any decision made by you in reliance on a Report; (c) any inaccuracy in a Report arising from inaccurate or incomplete information submitted by you; (d) any missed statutory deadline, including the 30-day CCMA referral period, that results from information you provided being incomplete or inaccurate, or from your own action or inaction, whether or not a reminder was sent or received; or (e) the actions or services of any third-party provider, including the payment gateway provider.

9.2Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded under South African law, including liability for gross negligence, wilful misconduct, or fraud.

9.3FairCase’s total aggregate liability to you arising out of or in connection with these Terms or your use of the Platform, other than liability that cannot lawfully be excluded or limited under South African law, shall not exceed the greater of (a) the total amount of fees paid by you to FairCase in the twelve (12) months preceding the event giving rise to the claim, or (b) R50 000 (fifty thousand Rand).

10. Disclaimers regarding third-party services

10.1The Platform integrates with third-party service providers, including payment processors, email delivery services, hosting providers, bot-protection services, and an artificial intelligence text generation provider. FairCase is not responsible for the performance, availability, or security practices of these third parties, save to the extent required by applicable law. The providers we use, and where they process information, are listed in our Privacy Policy.

11. Termination and closing your account

11.1You may close your account at any time. The Platform provides self-service tools in account settings to download a copy of your data and to permanently delete your account, including your cases, documents, and Reports. Deletion is permanent. Closure of your account does not entitle you to a refund of any fees already paid for Reports already generated, and we may retain limited records where the law requires, as set out in our Privacy Policy.

11.2FairCase may suspend or terminate your account if we reasonably believe you have breached these Terms, submitted fraudulent information, or used the Platform unlawfully.

11.3Provisions of these Terms which by their nature should survive termination, including limitation of liability, intellectual property, and dispute resolution, shall survive termination of your account.

12. Governing law and dispute resolution

12.1These Terms are governed by the laws of the Republic of South Africa.

12.2In the event of a dispute arising from these Terms or your use of the Platform, you agree to first attempt to resolve the matter informally by contacting FairCase support.

12.3If a dispute cannot be resolved informally within 30 days, either party may refer the matter to the courts of the Republic of South Africa having jurisdiction, without prejudice to any right you may have to refer a consumer complaint to the National Consumer Commission or other applicable regulatory body.

12.4Nothing in this clause 12 requires you to complete, or delays your ability to complete, any statutory referral to the CCMA or any other body within the time limits that apply to your matter. Your own deadlines always take priority over this dispute resolution process.

13. General provisions

13.1If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.2These Terms, together with our Privacy Policy, constitute the entire agreement between you and FairCase regarding your use of the Platform.

13.3FairCase’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

13.4You may not assign or transfer your rights under these Terms without our prior written consent. FairCase may assign these Terms in connection with a merger, acquisition, or sale of assets.

14. Contact and required information

14.1If you have questions about these Terms, please contact us at help@faircase.co.za. For complaints regarding the processing of your personal information specifically, contact The Information Officer, FairCase, at infoOfficer@faircase.co.za. Further contact details are in our Privacy Policy.

14.2Information required by section 43 of the Electronic Communications and Transactions Act 25 of 2002:

End of Terms of Service, version 2026-09-15.