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Terms and Conditions

Platform Usage Agreement

MPK Development (Pty) Ltd

Registration No: 2014/091288/07

88 Herman Street, Flora Park, Polokwane, 0700, South Africa

www.opteva.co.za · info@opteva.co.za

Effective Date: 27 May 2026

1. Definitions

In these Terms and Conditions, the following terms shall have the meanings assigned to them:

  • "Agreement" means these Terms and Conditions together with any applicable Service Agreement and the Privacy Policy.
  • "Company" means the real estate agency that has subscribed to OptEva and whose administrators create user accounts.
  • "Company Administrator" means a user with company_admin role responsible for managing the Company's OptEva subscription and users.
  • "Data Subject" means any natural person to whom personal information relates.
  • "MPK Development" means MPK Development (Pty) Ltd, registration number 2014/091288/07.
  • "OptEva" or "Platform" means the enquiry management and CRM software accessible at https://opteva.co.za.
  • "POPIA" means the Protection of Personal Information Act 4 of 2013.
  • "Service" means all features and functions provided through the OptEva Platform.
  • "User" means any individual granted access to the Platform by a Company Administrator.

2. Acceptance of Terms

By accessing or using OptEva, you agree to be bound by this Agreement. If you are accessing the Platform on behalf of a Company, you represent that you have the authority to bind the Company to this Agreement. If you do not agree with these Terms, you must immediately cease using the Platform and notify your Company Administrator.

Access to OptEva is by invitation only. There is no public registration.

3. Service Description

OptEva is a Progressive Web Application (PWA) designed for South African real estate agencies. The Platform provides:

  • Enquiry and lead management (Interests)
  • Contact and party management (Parties)
  • Property listing pipeline management
  • Document storage and retrieval
  • Reminder and follow-up scheduling with optional Google Calendar sync
  • Role-based user and branch management
  • Operational dashboards and reporting

4. User Accounts and Access

4.1 Account Creation

User accounts are created exclusively by Company Administrators or Super Administrators. Users do not self-register. The Company is responsible for the accuracy of account information and for promptly notifying MPK Development or updating account details when circumstances change.

4.2 Authentication

The Platform supports two authentication methods: email and password login, and 6-digit short code login. Users are responsible for maintaining the confidentiality of their credentials. Suspected unauthorised access must be reported immediately to the Company Administrator.

4.3 Account Termination by Company

The Company Administrator may deactivate or delete user accounts at any time. MPK Development reserves the right to suspend or terminate any account found to be in breach of this Agreement.

5. User Obligations

Users agree to:

  • Use the Platform solely for legitimate real estate business purposes
  • Comply with all applicable South African laws, including POPIA, the Financial Intelligence Centre Act (FICA), and the Estate Agency Affairs Act
  • Ensure that personal information captured in the Platform has been obtained lawfully and with appropriate consent or legal basis
  • Not share login credentials with any other person
  • Not attempt to access data belonging to other companies within the multi-tenant system
  • Not reverse engineer, decompile, or attempt to extract the Platform source code
  • Not use the Platform to store unlawful content or to conduct fraudulent activities
  • Maintain appropriate data accuracy for all contact and property records

6. Company Responsibilities

The Company, through its Company Administrator, is responsible for:

  • Ensuring all Users are aware of and comply with this Agreement and the Privacy Policy
  • Managing user access rights and promptly revoking access for departed employees
  • Ensuring lawful capture of personal information of third-party contacts and data subjects in the Platform
  • Complying with POPIA as a Responsible Party in respect of personal information captured through the Platform
  • Maintaining appropriate records of processing activities as required by POPIA
  • Notifying data subjects about the processing of their personal information where required by law

7. Intellectual Property

All intellectual property rights in OptEva, including but not limited to software, design, trademarks, and documentation, are owned by or licensed to MPK Development. Users are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for the purposes contemplated by this Agreement.

Users retain ownership of data they input into the Platform. By inputting data, users grant MPK Development the right to process such data to the extent necessary to provide the Service.

8. Data and Privacy

MPK Development processes personal information as a Responsible Party in respect of user account data, and as an Operator in respect of contact and property data captured by Companies. Both parties acknowledge their respective obligations under POPIA.

For full details of data processing activities, refer to the OptEva Privacy Policy and Data Processing Agreement, both of which form part of this Agreement.

9. Service Availability and Support

MPK Development will use commercially reasonable efforts to ensure the Platform is available. However, we do not guarantee uninterrupted or error-free service. The Platform may be unavailable during scheduled maintenance or due to circumstances beyond our reasonable control, including outages at Railway, Cloudflare, or other infrastructure providers.

We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice.

10. Fees and Payment

Platform access fees are as agreed in the applicable Service Agreement between MPK Development and the Company. Failure to pay fees may result in suspension of access. All fees are quoted and payable in South African Rand (ZAR) and are subject to VAT where applicable.

11. Limitation of Liability

To the maximum extent permitted by South African law:

  • MPK Development's total liability arising from or in connection with this Agreement shall not exceed the fees paid by the Company in the 3 months preceding the event giving rise to the claim.
  • MPK Development shall not be liable for any indirect, consequential, special, or punitive damages, including loss of profit, loss of data, or business interruption.
  • MPK Development shall not be liable for the accuracy, completeness, or legality of data entered into the Platform by users.
  • Nothing in this clause limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

12. Indemnification

The Company indemnifies MPK Development against any claims, losses, damages, liabilities, and costs (including legal costs) arising from: (i) breach of this Agreement by the Company or its Users; (ii) unlawful processing of personal information by the Company; or (iii) the Company's failure to comply with applicable law.

13. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party. This obligation survives termination of this Agreement. MPK Development's confidentiality obligations regarding personal information are governed by POPIA and the Privacy Policy.

14. Termination

This Agreement and access to the Platform may be terminated:

  • By the Company with 30 days written notice to info@opteva.co.za
  • By MPK Development immediately upon material breach of this Agreement
  • By either party if the other party enters liquidation, business rescue, or insolvency proceedings

Upon termination, company data will be retained for 12 months in accordance with the Privacy Policy, after which it will be securely deleted. The Company may request a data export during the 12-month retention period.

15. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa. Parties agree to attempt good-faith mediation before initiating formal legal proceedings.

16. General Provisions

  • Entire Agreement: This Agreement, together with the Privacy Policy and Data Processing Agreement, constitutes the entire agreement between the parties.
  • Amendments: MPK Development may amend these Terms with 30 days notice to Company Administrators. Continued use constitutes acceptance.
  • Severability: If any provision is found unlawful or unenforceable, the remaining provisions remain in full force.
  • Waiver: Failure to enforce any right does not constitute a waiver of that right.
  • No Partnership: Nothing in this Agreement creates a partnership, joint venture, or employment relationship.

17. Contact

For any queries relating to these Terms:

  • MPK Development (Pty) Ltd
  • Email: info@opteva.co.za
  • Address: 88 Herman Street, Flora Park, Polokwane, 0700