Terms of Service

1. Agreement to These Terms

By creating an Onfinga seller account, purchasing an Onfinga product, or otherwise expressly accepting these Terms, you agree to these Terms.

If you use Onfinga on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not use the service.

Nothing in these Terms excludes, restricts or waives any right, remedy, protection or applicable law that cannot lawfully be excluded, restricted or waived.

2. What Onfinga Does

Onfinga provides Order Confirmation Before Payment.

A seller creates an order, the buyer confirms the order with Onfinga, and payment then continues through the seller’s existing payment method.

Onfinga records the confirmation and makes an Order Confirmation Record available to the seller.

Onfinga is not:

• a payment gateway;
• a payment processor for the seller’s customer payment;
• a bank or financial services provider;
• a holder of buyer card details; or
• the seller of the goods or services described in an order.

The underlying sale remains between the seller and the buyer.

Onfinga does not determine whether an order should be accepted, fulfilled, cancelled or refunded.

Onfinga does not determine whether the seller has received cleared payment. The seller remains responsible for verifying payment through its own payment provider or financial institution before fulfilling an order where payment is required before fulfilment.

Onfinga does not guarantee that a buyer will pay, provide card-network liability shift, determine whether an underlying transaction is legally enforceable, or require any payment provider, card network, bank, marketplace, court or other third party to accept an Order Confirmation Record.

3. Seller Accounts and Responsibilities

You are responsible for:

• providing accurate order information;
• using Onfinga only for lawful sales and legitimate business purposes;
• keeping access to your Onfinga account secure;
• maintaining control of any passkeys, devices or other authentication methods associated with your account;
• maintaining a valid payment destination where buyers should continue after confirmation;
• ensuring that prices, quantities, item descriptions and other information supplied to buyers are accurate;
• fulfilling your obligations to buyers after confirmation;
• complying with applicable consumer, ecommerce, privacy, tax and data protection laws; and
• notifying us promptly if you believe your account has been compromised.

You may not use Onfinga to create false, misleading, fraudulent or deceptive order confirmations.

You remain responsible for the goods or services you sell and for your relationship with your buyers.

Nothing in this section transfers Onfinga’s own legal obligations to you where applicable law places those obligations on Onfinga.

4. Buyer Confirmation

An Onfinga confirmation records the order information presented through Onfinga and a successful confirmation event before payment.

A confirmation is not:

• proof that payment was made;
• a guarantee that payment will succeed;
• a guarantee against chargebacks, disputes or fraud;
• a guarantee that a buyer or seller will fulfil the underlying order;
• conclusive proof of the real-world identity of the person completing the confirmation;
• proof that the person completing the confirmation has authority to bind another person or legal entity; or
• a legal determination of the outcome or enforceability of any dispute or transaction.

Authentication or confirmation through Onfinga does not by itself establish a person’s legal identity, legal capacity or authority to act for another person or entity.

Onfinga does not make decisions on behalf of payment providers, card networks, banks, marketplaces, courts, regulators or other third parties.

5. Order Confirmation Records

When a buyer successfully completes the applicable confirmation process, Onfinga creates an Order Confirmation Record from information processed through Onfinga in connection with that confirmation event.

The seller may access records associated with their account and may download seller-facing records in PDF format where available.

Onfinga may maintain additional technical representations, integrity data and system records internally for security, operation, verification, auditing and lawful business purposes. These internal formats are not necessarily seller-facing product features.

An Order Confirmation Record may be used for legitimate business purposes, including recordkeeping, customer support and dispute review.

Onfinga does not represent or warrant that an Order Confirmation Record:

• constitutes conclusive proof of identity or authority;
• proves contract formation or legal enforceability;
• constitutes payment authorization;
• proves that payment occurred;
• will be admissible in any particular court, tribunal or proceeding; or
• will be accepted or given any particular evidentiary weight by a marketplace, payment provider, card network, bank, court, regulator or other third party.

You may not knowingly:

• alter an Onfinga-generated record and present the altered version as an original Onfinga record;
• falsify or fabricate confirmation data;
• misrepresent the meaning of a record; or
• interfere with the integrity mechanisms used to create or store records.

You may reproduce and use seller-facing Order Confirmation Records for legitimate business purposes consistent with these Terms.

Onfinga retains ownership of its platform, record format, software and related intellectual property. Nothing in these Terms transfers ownership of the Onfinga platform or technology to you.

6. Paid Order Confirmation Packages

Paid Onfinga packages provide a fixed number of eligible Order Confirmations for the price and validity period displayed before purchase.

Current package offerings may include fixed quantities such as 25, 50 or 100 Order Confirmations. Current prices are displayed before purchase.

Unless a particular offer expressly states otherwise, paid Order Confirmations are valid for 30 days from the date of purchase.

Unused paid Order Confirmations:

• expire at the end of the applicable 30-day validity period;
• do not roll over into a later package;
• do not convert into cash;
• do not convert into monetary account credit; and
• do not automatically convert into a future package.

Order Confirmations are units of use of the Onfinga service. They are not money, stored monetary value or a payment method.

Unless Onfinga expressly permits otherwise, Order Confirmations are not transferable between seller accounts.

The package quantity, price, validity period and material purchase terms will be displayed before purchase.

New seller accounts currently receive 1 free Order Confirmation. This free Order Confirmation does not expire while the relevant seller account remains entitled to use Onfinga in accordance with these Terms. It has no cash value and is not transferable unless Onfinga expressly permits otherwise.

Nothing in this section limits any refund, cancellation or other right that applies under mandatory law.

7. When an Order Confirmation Is Used

An Order Confirmation is reserved when the seller creates a confirmation request and is consumed only when the buyer successfully completes the Onfinga confirmation process and the corresponding Order Confirmation Record is created.

If the confirmation is revoked, expires, is abandoned or is not successfully completed, the reserved Order Confirmation is released and becomes available again.

Onfinga may take reasonable measures to prevent abuse, automated misuse, duplicate consumption or manipulation of confirmation allowances.

8. Purchasing Through Paddle

Onfinga products purchased through Paddle are sold through Paddle as authorised reseller and Merchant of Record for the applicable purchase transaction.

Paddle handles the applicable checkout transaction, payment collection, billing documentation, transaction-related taxes and refunds or chargebacks in accordance with Paddle’s applicable terms and its contractual arrangement with Onfinga.

Onfinga remains responsible for providing the Onfinga service, seller account functionality, Order Confirmation functionality, Order Confirmation Records, and Onfinga product and technical support.

The Paddle transaction for purchasing Onfinga is separate from any underlying transaction between you and your buyer.

The price, package size, validity period and other material purchase terms will be displayed before purchase.

Unless expressly identified as recurring before purchase, an Onfinga package is a one-time purchase and does not automatically renew.

You must not make payment directly to Onfinga for an order being sold through Paddle unless Onfinga and Paddle expressly provide a different approved purchasing method.

If a Paddle transaction is refunded, cancelled, reversed or charged back, Onfinga may adjust access to the corresponding unused package or remaining Order Confirmations to the extent reasonably related to the transaction and permitted by applicable law.

9. Refunds and Consumer Rights

Refund and cancellation requests relating to an Onfinga package purchased through Paddle are handled through Paddle’s applicable Buyer Terms, refund process and buyer-support channels.

Onfinga may provide information to or cooperate with Paddle in connection with a refund request.

Where a refund is approved for a Paddle purchase, it will ordinarily be processed through Paddle.

Nothing in these Terms restricts any refund, cancellation, statutory remedy or other right that cannot lawfully be excluded under applicable law.

Where applicable law provides stronger rights than these Terms, those rights apply.

10. Data and Privacy

Onfinga processes personal information in connection with providing, operating and securing the service, maintaining seller accounts and Order Confirmation Records, and complying with applicable law, as further described in our Privacy Policy.

Onfinga does not collect or store buyer full card numbers, CVV/CVC codes or banking credentials as part of the Order Confirmation Before Payment service.

Onfinga stores WebAuthn public credential information and authentication metadata needed to verify passkey confirmations. Onfinga does not receive or store biometric templates, biometric images, device PINs or passkey private keys.

You are responsible for ensuring that any personal information you provide to Onfinga has been collected and supplied lawfully. This does not limit Onfinga’s own obligations under applicable privacy or data-protection law.

11. Service Availability, Maintenance and Discontinuation

We aim to provide a reliable service but do not guarantee uninterrupted or error-free availability.

We may modify, maintain, suspend or discontinue parts of the service where reasonably necessary for security, legal compliance, maintenance, product development or operational reasons.

We will take reasonable steps to avoid materially reducing access to purchased services without appropriate notice or remedy where required by law.

If Onfinga permanently discontinues the service for reasons unrelated to your breach or misconduct while you have unexpired paid Order Confirmations, Onfinga will provide an appropriate remedy for the affected unused paid confirmations.

Depending on the circumstances and applicable law, that remedy may include continued access during a reasonable wind-down period, extension of the validity period, replacement service, or a refund or credit processed through the applicable Merchant of Record.

12. Acceptable Use

You must not use Onfinga to:

• facilitate illegal, fraudulent or deceptive activity;
• create false confirmations;
• impersonate another seller or buyer;
• manipulate, fabricate or suppress confirmation information;
• attempt to bypass account security;
• probe or attack the service without authorization;
• introduce malicious software;
• interfere with other users’ access;
• access another seller’s records without authorization; or
• use the service in a way that violates applicable law.

We may restrict or suspend access where we reasonably believe an account is being used in violation of these Terms.

We may also prohibit use of Onfinga for categories of goods, services or activities that are unlawful, prohibited by applicable payment or Merchant-of-Record requirements, or otherwise create material legal, fraud or security risk.

13. Intellectual Property

Onfinga and its licensors retain all rights, title and interest in the platform, software, interfaces, designs, documentation, record structures, branding and related technology.

Except as expressly permitted by law, you may not copy, reverse engineer, decompile, circumvent, resell or create derivative works from Onfinga’s proprietary technology.

You retain any rights you hold in the order information that you lawfully provide to Onfinga.

Your use of the service grants Onfinga the rights reasonably necessary to process that information, create, store and provide Order Confirmation Records, operate and secure the service, prevent fraud and misuse, maintain appropriate business and security records, and comply with applicable law.

Those rights continue for as long as reasonably necessary for the purposes described above, subject to the Privacy Policy and applicable law.

14. Suspension and Termination

You may stop using Onfinga at any time and may request account closure by contacting us.

Onfinga may suspend or terminate an account where reasonably necessary, including where:

• you materially breach these Terms;
• fraudulent or unlawful activity is suspected;
• a payment is reversed, disputed or fraudulent;
• continued access creates a material security risk;
• we are required to do so by law or a competent authority; or
• continued provision of the service is no longer reasonably possible.

Where reasonably practicable, we will give notice before terminating an account.

Advance notice may not be provided where immediate suspension or termination is reasonably necessary because of fraud, unlawful activity, material security risk, legal requirements or circumstances where advance notice could increase risk.

Where access is suspended or terminated because of your material breach, fraud, unlawful activity, abuse, payment reversal or material security risk, unused paid Order Confirmations may be suspended or forfeited to the extent reasonably related to the circumstances and permitted by applicable law.

Where Onfinga terminates your account or permanently ceases providing the service for reasons unrelated to your breach or misconduct, Onfinga will provide an appropriate remedy for affected unexpired paid Order Confirmations.

Free Order Confirmations may cease to be available when an account is lawfully terminated.

Where reasonably practicable and legally permissible, a seller whose account is being closed will be given a reasonable opportunity to download existing seller-facing Order Confirmation Records before access ends.

Access may be restricted immediately where necessary for security, fraud prevention, privacy protection or legal compliance.

Termination does not automatically delete records that Onfinga is permitted or required to retain for legitimate business, security, legal, regulatory or dispute-related purposes.

Retention and deletion of personal information are governed by our Privacy Policy and applicable law.

15. Third-Party Services, Platforms and Networks

Onfinga may interact with third-party services, including payment destinations selected by sellers and services supplied by Paddle.

Onfinga is not affiliated with, endorsed by, sponsored by, or part of any marketplace, social-media platform, card network, payment provider, bank or financial institution unless expressly stated.

Use of Onfinga or an Order Confirmation Record does not modify the terms, rules, evidence requirements, chargeback procedures or dispute processes of Facebook, Facebook Marketplace, Instagram, TikTok, Paddle, any payment provider, any card network, any bank or any other third party.

A third party may accept, reject or assign its own evidentiary weight to an Order Confirmation Record in accordance with its own rules and applicable law.

Onfinga is not responsible for the availability, operation, policies or decisions of third-party services outside Onfinga’s reasonable control.

Your use of a third-party service may also be governed by that provider’s terms.

16. Warranties

To the maximum extent permitted by applicable law, Onfinga is provided on an “as is” and “as available” basis.

We do not warrant that:

• the service will always be uninterrupted or error-free;
• an Order Confirmation Record will determine the outcome of a dispute;
• use of Onfinga will prevent chargebacks, fraud or buyer complaints;
• a buyer will make payment after confirming an order;
• a third party will accept or give any particular weight to an Onfinga record;
• successful authentication or confirmation establishes a person’s legal identity;
• successful authentication or confirmation establishes a person’s legal capacity or authority to bind another person or entity; or
• an underlying transaction constitutes an enforceable contract.

Nothing in this section excludes any warranty, right or remedy that cannot lawfully be excluded.

17. Limitation of Liability

To the maximum extent permitted by applicable law, Onfinga will not be liable for indirect, incidental, special, exemplary, punitive or consequential losses arising from or relating to the service, including loss of profits, revenue, goodwill, anticipated savings or business opportunity, except to the extent that such exclusion is prohibited by applicable law.

Onfinga is not responsible for losses caused by:

• the underlying goods or services sold by a seller;
• a seller’s failure to fulfil an order;
• a buyer’s conduct;
• unsuccessful or reversed payment;
• payment-provider, marketplace, bank, card-network or financial-institution decisions;
• inaccurate information supplied by a seller;
• unauthorized account use caused by a seller’s failure to protect account access; or
• third-party systems outside Onfinga’s reasonable control.

Any limitation of liability in these Terms applies only to the extent permitted by applicable law.

Nothing in these Terms excludes, restricts or limits liability, rights or remedies to the extent that they cannot lawfully be excluded, restricted or limited, including liability arising from fraud, wilful misconduct or any other conduct for which applicable law prohibits contractual limitation.

18. Governing Law and Disputes

These Terms and the contractual relationship between you and Onfinga are governed by the laws of the Republic of South Africa, without regard to conflict-of-laws rules, except to the extent that applicable mandatory law requires otherwise.

Nothing in these Terms deprives you of any mandatory right, remedy or protection under the law of the country, state or other jurisdiction in which you reside or are established where that right, remedy or protection cannot lawfully be excluded or restricted by agreement.

The courts of the Republic of South Africa have non-exclusive jurisdiction over disputes arising from or relating to these Terms or the Onfinga service.

This does not prevent either party from bringing or defending proceedings in another court or forum where applicable mandatory law gives that court or forum jurisdiction or gives a party a non-waivable right to bring proceedings there.

Nothing in this section prevents either party from seeking urgent or interim relief from a court of competent jurisdiction.

19. Changes to These Terms

We may update these Terms from time to time.

The version applicable to a particular package purchase will be the version accepted or otherwise applicable when that purchase was completed, except where a later change is required by law or is expressly accepted by you.

If we make a material change affecting existing contractual rights or obligations, we will provide reasonable notice.

Where required by applicable law or reasonably necessary to form an enforceable agreement to a material change, we will obtain affirmative acceptance.

Updated Terms may apply prospectively to future use or future purchases after appropriate notice.

An update will not retrospectively remove or reduce rights attaching to a completed purchase where doing so would be unlawful.

20. Contact

Questions about these Terms or the Onfinga service may be sent to:

Online Fingerprint Authentication (Pty) Ltd
Registration number: 2024/227769/07
Business address: 9 Knokke Avenue, Table View, Cape Town, 7441, South Africa
Email: admin@onfinga.net