Plain English Summary: FineApp is a freelance platform for creative services that connects clients with independent creatives. By using FineApp, you agree to keep all communications and payments on the platform, pay/receive fees through our system, and follow these rules. If anything here is unclear, contact us at support@fineapp.co.za.
1. Definitions
- "FineApp," "we," "us" means FineApple Pixels (Pty) Ltd, South Africa.
- "Platform" means the FineApp website/app and related services.
- "User" means any person or entity using the Platform.
- "Client" means a User who requests or purchases creative services.
- "Creative" means a User who offers creative services.
- "Commission" means the fee FineApp charges Creatives on each transaction facilitated by the Platform.
- "Service Fee" means the fee FineApp charges Clients to cover platform operational costs and payment processing.
- "Service Contract" means an agreement between a Client and a Creative formed through the Platform.
- "Personal Information" has the meaning in POPIA (South Africa's Protection of Personal Information Act).
2. Acceptance & Eligibility
In short: Using FineApp means you accept these Terms; you must be legally able to contract.
2.1 By creating an account, using, or accessing the Platform, you accept these Terms & Conditions and all policies referenced herein (including the Privacy Policy).
2.2 You must be 18+ or the age of majority in your jurisdiction and capable of entering binding contracts.
2.3 If you use the Platform on behalf of a business you represent, you are authorised to bind that business.
3. Role of FineApp (Freelance Platform)
In short: We provide the Platform; we do not employ Creatives or directly supply creative services.
3.1 FineApp is a freelance platform that enables Clients and Creatives to find each other, communicate, form Service Contracts, and process payments.
3.2 Service Contracts are between Client and Creative. FineApp is not a party to those contracts and does not supervise, direct, or control the services.
3.3 Users are solely responsible for evaluating suitability, negotiating scope, and performing their obligations.
4. Accounts & Profiles
In short: Provide accurate info; third-party authentication handles your login security.
4.1 You must provide true, accurate, and current information and keep it updated.
4.2 Account authentication and login credentials are managed through Auth0, our third-party authentication provider. You are responsible for all activity under your account.
4.3 We may verify identity and suspend/terminate accounts for false, misleading, or non compliant information.
5. Commission, Fees & Taxes
In short: We charge Creatives a commission and Clients a service fee to cover platform costs.
5.1 Commission. FineApp charges Creatives a commission on payments processed through the Platform. The applicable percentage and any minimums will be displayed in product and/or your dashboard.
5.2 Service Fee. FineApp charges Clients a service fee per transaction to cover platform operational costs and payment processing fees (approximately 3% charged by PayFast). This fee will be shown at checkout.
5.3 Payment Processing. All payments are processed through PayFast. We do not collect or store credit card details, only account numbers necessary for disbursements to Creatives.
5.4 Taxes. Users are responsible for applicable taxes on earnings or purchases. Where required by law, we may collect/withhold taxes and display tax amounts at checkout or on invoices.
6. Non Circumvention; On Platform Only (Critical)
In short: No sharing of personal contact details or taking payments off platform.
6.1 No outside contact. To protect all Users and ensure safe transactions, Creatives and Clients must not share personal contact details (e.g., email, phone number, social media handles, physical addresses, direct payment details) before an order/booking is completed and only as permitted by FineApp's messaging tools.
6.2 Payments on platform. All payments must be made through FineApp's payment system via PayFast. Creatives may not accept, and Clients may not make, any payment outside the Platform for leads or projects originating from or facilitated by FineApp.
6.3 Consequences of breach. If FineApp reasonably determines that Users circumvented the Platform, FineApp may (i) charge or recover the applicable commission and service fees FineApp would have earned; (ii) suspend or terminate the accounts involved; and (iii) restrict access to funds or features to the fullest extent permitted by law.
6.4 Optional buy out (at FineApp's discretion). On written request and subject to approval, FineApp may offer a one time opt out fee to allow a Client and Creative to work off platform; terms and fee to be supplied in writing and paid in advance. Absent such written approval, clauses 6.1–6.3 apply strictly.
7. Bookings, Delivery, Cancellations & Refunds
In short: Bookings define scope, deliverables, timelines, and payment milestones.
7.1 Bookings/Orders. A booking is formed when a Client accepts a Creative's offer (or vice versa) through the Platform. The booking page/messages serve as the written record of scope, deliverables, timelines, revisions, and price.
7.2 Delivery & acceptance. Creatives deliver according to the agreed timeline. Clients review delivered work within the indicated review period. If no action is taken within the review window specified in product, FineApp may auto complete the order for payout.
7.3 Cancellations. Cancellations are handled through the Platform per the cancellation rules presented at checkout or in product help. Abuse of cancellations may impact account standing.
7.4 Refunds & disputes. Where enabled, FineApp may provide structured dispute assistance. Outcomes may include partial refunds, revised delivery, or other remedies. Final responsibility for the quality of work remains between Client and Creative.
8. Communications & Conduct
In short: Be professional; follow the law; use platform tools.
8.1 Use Platform messaging for all project communications. Do not post prohibited content or solicit off platform activity.
8.2 You must not upload viruses, unlawful, defamatory, infringing, hateful, harassing, or pornographic content, or violate third party terms.
8.3 We may remove content or suspend accounts for violations.
8.4 Images and media files are hosted through Cloudinary, our third-party media management service.
9. Reviews & Reputation
In short: Reviews should be fair and based on genuine transactions.
9.1 Clients may review completed orders. Reviews must be based on legitimate transactions; manipulation is prohibited.
9.2 We may remove reviews that breach these Terms or our community guidelines.
10. Intellectual Property (IP)
In short: Ownership/licence depends on what you agree in the booking.
10.1 Unless otherwise agreed in the booking or via an asset transfer clause, Creatives retain ownership of underlying IP and grant Clients a licence to use the delivered work for the stated purpose.
10.2 Where the booking states that IP transfers on full payment, Creatives assign those rights upon receipt of cleared funds.
10.3 Users warrant they have rights to materials they upload and that their use will not infringe third party rights.
11. Confidentiality
In short: Treat private information as confidential.
11.1 If a User shares confidential information, the recipient must use it only for the project and protect it with reasonable care. On request, return or destroy it unless retention is required by law.
12. Data Protection & Privacy
In short: We follow South Africa's POPIA and our Privacy Policy.
12.1 FineApp processes Personal Information as described in the Privacy Policy.
12.2 Users must also comply with POPIA and other applicable data laws in their own processing of data obtained through the Platform (e.g., Client briefs, portfolios).
12.3 Authentication is handled by Auth0, payment processing by PayFast, and media storage by Cloudinary, each operating under their respective privacy policies.
13. Fees, Payouts & Non Payment
In short: We may hold/release funds according to platform rules; non payment may lead to remedies.
13.1 Payouts are subject to clearance periods, fraud checks, chargeback risk, and compliance reviews.
13.2 If a Client fails to pay, FineApp may suspend delivery, pause projects, or apply other remedies available in law and under these Terms.
13.3 Users authorise FineApp and PayFast to debit/credit accounts to facilitate transactions, commissions, service fees, adjustments, refunds, and chargeback handling.
14. Taxes & Independent Business
In short: Creatives operate as independent businesses and handle their own taxes/benefits.
14.1 Creatives are not employees of FineApp. They are responsible for their own taxes, insurance, and compliance.
14.2 Clients are responsible for consumer facing obligations (if any) and for complying with applicable laws.
15. Prohibited Uses
In short: Don't misuse the Platform.
15.1 Prohibited activities include fraud, money laundering, illegal services, IP infringement, spam, attempts to bypass fees, scraping, reverse engineering, and actions that damage Platform integrity.
16. Suspension, Termination & Survival
In short: We may suspend/terminate for violations; some obligations continue.
16.1 We may suspend or terminate access immediately for suspected violations, risk, or legal/regulatory reasons.
16.2 Upon termination, pending obligations (including the commission on completed work and accrued fees) remain due.
16.3 Sections that by nature should survive (e.g., IP, confidentiality, data protection, fees, non circumvention, dispute resolution) survive termination.
17. Dispute Resolution
In short: Try to resolve amicably; South African law applies.
17.1 Users agree to attempt informal resolution with each other using Platform tools; FineApp may (but is not obliged to) assist.
17.2 These Terms are governed by the laws of South Africa. Users submit to the non exclusive jurisdiction of the courts of South Africa.
17.3 Nothing prevents a party from seeking urgent injunctive relief.
18. Changes to These Terms
In short: We may update Terms; we will notify you of material changes.
18.1 We may modify these Terms by posting updates on the Platform and/or notifying Users. Changes take effect upon posting or on the stated effective date. Continued use constitutes acceptance.
19. Contact Information
For any questions about these Terms & Conditions, please contact us at: support@fineapp.co.za
Last Updated: [20 September 2025]