Terms of Service
Effective 11 August 2026 · Version 1.2 · These terms incorporate the Kliksight Data Processing Agreement. Our Privacy Policy and PAIA & POPIA Manual are published alongside.
1. Who we are and what this Agreement is
1.1 These terms are an agreement between Kliksight (Pty) Ltd, registration number 2026/622670/07, a private company incorporated in the Republic of South Africa with its registered office at Stanley and Dock Road, Cape Town, Western Cape, 8001 (“Kliksight”), and the business that accepts them (“the Customer”). They govern access to and use of the Kliksight service: the measurement tag, the dashboard, reporting, and the claim-support capabilities described in clause 3 (together, “the Service”).
1.2 The Service is provided to businesses only. By accepting these terms, the person accepting warrants that they are authorised to bind the Customer, and that the Customer is contracting in the course of business.
1.3 Acceptance occurs when the Customer clicks to accept these terms, signs an order referencing them, or first uses the Service, whichever is earliest. An electronic acceptance is valid and binding in terms of the Electronic Communications and Transactions Act, 2002.
2. The Data Processing Agreement
2.1 The Kliksight Data Processing Agreement (POPIA / GDPR / UK GDPR / US) as published by Kliksight and accepted or executed by the Customer (“the DPA”) is incorporated into and forms part of this Agreement, and commences in accordance with its clause 20.1 upon commencement of this Agreement. Capitalised terms used in this Agreement and defined in the DPA bear the meanings given there.
2.2 If this Agreement and the DPA conflict, the DPA prevails in respect of the processing of personal information, and this Agreement prevails in all other respects.
3. The Service
3.1 Kliksight measures whether clicks on the Customer’s (or its clients’) online advertising are genuine. Consented arrival events are classified as valid or invalid at event level; classifications are reconciled against advertising-platform reporting and credits; and results are presented in the dashboard. Kliksight classifies events, never people or devices, and builds no advertising or marketing profile of anyone.
3.2 Certain capabilities described in this Agreement or the DPA (including claim preparation, landing-page measurement, conversion-event measurement and comparative benchmarks) come into operation only on release by Kliksight, and references to them are to be read accordingly, consistently with clause 1.4 and clause 5.5 of the DPA. Kliksight may add, improve or withdraw capabilities, provided withdrawal of a capability the Customer materially relies on entitles the Customer to terminate under clause 12.2.
3.3 Where claim preparation is in operation and the Customer directs it, Kliksight compiles Claim Packages and supports the Customer’s pursuit of invalid-activity credits from advertising platforms. The Customer acknowledges that advertising platforms adjudicate claims in their sole discretion, and that Kliksight does not promise, and cannot promise, that any claim will succeed or that any amount will be credited or recovered. Nothing in the Service is financial, legal or tax advice.
4. Accounts and acceptable use
4.1 The Customer is responsible for its users, for keeping credentials confidential, for maintaining multi-factor authentication where offered, and for all activity under its accounts. The Customer shall notify Kliksight promptly of any suspected compromise.
4.2 The Customer shall deploy the tag only in accordance with the documentation and the DPA (including the consent and notice obligations in clause 6 of the DPA), only on sites it is authorised to instrument, and not on services directed at children. The Customer shall not: attempt to re-identify any individual from Service output; probe, scan or test the vulnerability of the Service except through any process Kliksight publishes; interfere with the Service or its measurements; submit fabricated traffic or manipulated events; use the Service to build a competing product; or resell access except to its own clients in the ordinary course of providing its agency services.
4.3 Kliksight may suspend the tag for a site, or an account, where the DPA permits suspension, where clause 4.2 is breached, or where suspension is reasonably necessary to protect the Service or comply with law, and shall notify the Customer and lift the suspension when the ground falls away.
5. Fees and payment
5.1 Fees are as displayed at checkout or stated in an order. Subscriptions are sold through Paddle, Kliksight’s merchant of record: Paddle processes payment, billing and tax as an independent controller under its own terms and privacy policy, and the purchase transaction is concluded with Paddle on the checkout terms it presents. Kliksight does not receive or store payment card details.
5.2 Unless the checkout or order states otherwise, subscriptions renew automatically for successive periods equal to the initial period, and either party may cancel with effect from the end of the current period, the Customer doing so via the dashboard or the Paddle billing portal. Fees are payable in advance and, save as required by law or as stated in the Kliksight refund policy published at kliksight.com/refunds and presented at checkout, are non-refundable. Kliksight may change fees on notice, effective from the next renewal.
6. Intellectual property
6.1 Kliksight and its licensors own the Service, the tag, the software, the documentation, the Kliksight name and marks, and all intellectual property in them. Kliksight grants the Customer a non-exclusive, non-transferable licence, for the subscription term, to deploy the tag on authorised sites and to use the dashboard and outputs for the Customer’s internal business purposes and the servicing of its clients. No other rights are granted.
6.2 As between the parties, the Customer owns Customer Personal Data and the reports and Claim Packages disclosed to it. Kliksight owns de-identified and aggregate data derived in accordance with the DPA (including Evidence Records, Shared Threat Signals and, when in operation, Benchmark Data), subject always to the restrictions, thresholds and commitments in the DPA and in Kliksight’s published de-identification commitment.
6.3 The Customer grants Kliksight a royalty-free licence to host and process Customer content and configuration solely to provide the Service. Feedback may be used without restriction or attribution.
7. Claim Outcome Intelligence Licence
7.1 This clause is the licence contemplated by clause 4B.4 of the DPA. The Customer grants Kliksight a non-exclusive, perpetual, irrevocable, royalty-free licence to derive Claim Outcome Intelligence, strictly as defined and bounded by clause 4B.2 of the DPA, from Claim Packages compiled for the Customer, such derivation occurring only while the source Claim Package is retained under Annex 4 of the DPA, and to retain and use the derived intelligence, which contains no personal information and is severable from its source, for the purposes stated in clause 4B.
7.2 Intelligence derived before termination survives termination. This clause does not enlarge clause 4B of the DPA, and any conflict resolves in favour of the DPA.
8. Confidentiality
8.1 Each party shall keep the other’s confidential information confidential, use it only for this Agreement, and protect it with at least reasonable care, disclosing it only to personnel and advisers who need it and are bound to confidentiality. Compelled disclosure is permitted on prompt notice where lawful. This clause does not restrict Kliksight’s use of de-identified and aggregate data as permitted by clause 6.2 and the DPA, and survives termination for five years.
9. Service levels and support
9.1 Kliksight provides the Service with reasonable skill and care and uses commercially reasonable efforts to keep it available, but does not warrant uninterrupted or error-free operation. Planned maintenance will be scheduled, where practicable, outside peak periods and on notice for material interruptions. Support is provided by e-mail during South African business hours.
9.2 Measurement depends on factors outside Kliksight’s control, including browser behaviour, consent states, network conditions and advertising-platform systems and policies. Figures in the dashboard are measurements and estimates produced by the methods described in the DPA’s annexes, not guarantees.
10. Warranties and disclaimers
10.1 Each party warrants that it is duly incorporated and authorised to enter into this Agreement. The Customer warrants the matters stated in the DPA, including its authority in respect of each Property and its consent-mechanism obligations.
10.2 Except as expressly stated in this Agreement or the DPA, the Service is provided “as is” and all other warranties, conditions and representations, express or implied, are excluded to the maximum extent permitted by law. Kliksight gives no warranty as to the outcome of any advertising-platform claim, credit or dispute.
10.3 If the Consumer Protection Act, 2008 applies to the Customer notwithstanding clause 1.2, nothing in this Agreement excludes or limits any right or remedy which that Act confers and does not permit to be excluded or limited, and this Agreement is to be read subject to it.
11. Liability
11.1 Neither party is liable for indirect, special or consequential loss, loss of profits, revenue, goodwill or anticipated savings, or loss or corruption of data (save as provided in the DPA), however arising, even if advised of the possibility.
11.2 Each party’s total aggregate liability under or in connection with this Agreement in any twelve-month period is limited to the fees paid or payable by the Customer for the Service in that period. This limit does not apply to liability which cannot lawfully be limited, to the Customer’s payment obligations, to either party’s indemnity obligations under the DPA, or to a party’s breach of clause 8 or misappropriation of the other’s intellectual property, and any separate cap and carve-outs in the DPA govern the matters they address.
12. Term, termination and effects
12.1 This Agreement commences on acceptance and continues while a subscription is active. Either party may terminate for material breach unremedied within 14 days of written notice, or immediately on the other’s insolvency or cessation of business.
12.2 The Customer may additionally terminate on written notice, with a pro-rata refund of prepaid fees for the unexpired period, if Kliksight withdraws a capability on which the Customer materially relies (clause 3.2) or makes a variation under clause 14.2 that materially disadvantages it.
12.3 On termination the licences in clauses 6.1 and 6.3 end, the Customer removes the tag from its sites, and the data consequences are as provided in the DPA (including clause 15 removal, retention and erasure, and clause 4B and clause 7 survival as stated there). Clauses which by their nature survive, survive.
13. Assignment
13.1 The Customer may not assign, cede, delegate or transfer this Agreement without Kliksight’s prior written consent. Kliksight may assign, cede or novate this Agreement together with the DPA, in whole, to an acquirer of Kliksight (Pty) Ltd, of all or substantially all of its assets, or of the Kliksight business or product line, or to an affiliate, on written notice and on the assignee’s written assumption of Kliksight’s obligations, consistently with clause 21.4 of the DPA.
14. General
14.1 Notices are given as provided in clause 21 of the DPA, using the addresses on the order or account. This Agreement and the DPA (with its annexes and any executed order) are the whole agreement and supersede prior discussions. No waiver is implied from any failure or delay in enforcement. If a provision is unenforceable it is severed to the minimum extent and the rest stands.
14.2 Kliksight may vary these terms on at least 30 days’ notice; continued use after the effective date is acceptance, and material variations engage clause 12.2. Variation of the DPA is governed by the DPA.
14.3 This Agreement is governed by the law of the Republic of South Africa, and the parties submit to the jurisdiction of the Western Cape Division of the High Court, Cape Town, without prejudice to the forum provisions applicable to the Standard Contractual Clauses under the DPA.