CASEWISE TERMS & CONDITIONS

Effective Date: 5 October 2025
Last Updated: 7 December 2025

These Terms and Conditions govern your access to and use of the CaseWise platform and associated services operated by Mindwave Systems (Pty) Ltd, a private company registered with the Companies and Intellectual Property Commission (CIPC) in South Africa.

By accessing or using CaseWise, you agree to be bound by these Terms. If you do not agree, you must stop using the platform immediately.

These Terms incorporate and must be read together with the:

  • Privacy Policy

  • Refund Policy

  • Data Processing Agreement (where applicable)


1. DEFINITIONS

1.1 “CaseWise”

Refers to the CaseWise practice management software, website, support services, digital enablement services, and any related offerings provided by Mindwave Systems (Pty) Ltd.

1.2 “User”

Any individual, legal professional, employee, contractor, or law firm accessing or using CaseWise.

1.3 “Subscription”

A paid access plan granting use of CaseWise features.

1.4 “Content”

Any data, files, documents, text, client information, or materials uploaded or entered by the User.

1.5 “Responsible Party”

The User or law firm who determines the purpose and means of processing Content uploaded into CaseWise.

1.6 “Operator”

CaseWise, when processing Content on behalf of the Responsible Party.

1.7 “Platform Data”

System logs, analytics, metadata, technical information, and other operational data generated by the use of CaseWise.


2. DEFINITIONS OF SERVICES

CaseWise provides two categories of services: Platform Services and Digital Enablement Services.


2.1 PLATFORM SERVICES (CORE)

2.1.1 CaseWise CRM Software (“CRM Services”)

A cloud-based practice management system providing:

  • Client and matter management

  • Document organisation

  • Reminders and notifications

  • Workflow tools, reporting, and automation

  • Secure cloud storage

  • Optional analytics

The CRM is a software tool and does not constitute legal advice or legal services. CaseWise does not verify the legal accuracy of information entered by Users.

The CRM is hosted on third-party cloud infrastructure. Availability depends partly on external service providers.

2.1.2 Platform Hosting, Maintenance & Security

Includes:

  • Server hosting and uptime monitoring

  • System updates and patches

  • Data backups

  • Technical and organisational security safeguards

No guarantee of uninterrupted service is provided.

2.1.3 Technical Support (“Support Services”)

Includes assistance with:

  • Login issues

  • System errors

  • Feature usage

  • Configuration guidance

Support Consent:
By requesting support, the User expressly consents to CaseWise accessing account information, logs, or relevant Content solely for troubleshooting.


2.2 DIGITAL ENABLEMENT SERVICES (OPTIONAL)

2.2.1 Website Design & Development Services

Includes:

  • WordPress website creation

  • UI/UX design

  • Branding alignment

  • SEO-ready structure

  • Analytics setup

No guarantee of increased revenue, rankings, or case acquisition is provided.
The User must approve all website content before publication.

2.2.2 Digital Marketing, Branding & Growth Strategy

Provided strictly within South African Legal Practice Act and LPC advertising rules.

Includes:

  • Local SEO

  • Lead funnel setup

  • Brand identity support

  • Digital visibility improvement

  • Referral systems and relationship-building strategies

  • Graphic, video, or newsletter creation

CaseWise does not:

  • Guarantee leads, clients, rankings, or revenue

  • Provide marketing that violates legal advertising ethics

  • Act as a client referral agent for attorneys

Users are responsible for ensuring compliance with legal-advertising regulations.

2.2.3 Content Strategy Services

Includes:

  • High-level content structure

  • Informational page planning

  • General content drafting

CaseWise does not provide legal drafting or legal advice.
Users must review and approve all content.

2.2.4 AI Training & Digital Skills Training

Includes training on:

  • Safe use of AI tools

  • Drafting administrative materials

  • Identifying AI inaccuracies

  • Ethical workflows

CaseWise does not guarantee accuracy of AI outputs.
Users remain responsible for reviewing all AI-generated content.

2.2.5 Cybersecurity Awareness & Advisory

Includes:

  • Best-practice training

  • General security guidance

  • Basic assessments

Not a full cybersecurity audit or penetration test.
No guarantee against breaches is provided.

2.2.6 IT Support Services

Includes:

  • Device troubleshooting

  • Software installation guidance

  • Third-party configuration support

CaseWise is not responsible for hardware warranties, third-party software performance, or supplier delays.


3. USER ACCOUNT REQUIREMENTS

3.1 Users must register an account to access CaseWise.
3.2 Users must provide accurate information during registration.
3.3 Users are responsible for protecting their credentials.
3.4 CaseWise may suspend or terminate accounts for:

  • Non-payment

  • Breach of these Terms

  • Fraudulent, unethical, or suspicious activity


4. ACCEPTABLE USE

Users agree not to:

  • Use CaseWise for unlawful activity

  • Upload confidential client data without lawful grounds or client consent

  • Upload malware or harmful code

  • Interfere with platform operation

  • Attempt to bypass security controls

  • Use bots or scrapers without permission

  • Violate POPIA, the Legal Practice Act, or the LPC Code of Conduct

CaseWise may monitor usage for compliance and security.


5. SUBSCRIPTIONS, BILLING & PAYMENT

5.1 Subscription fees are billed in advance.
5.2 Continued use requires timely payment.
5.3 Refunds are governed exclusively by the Refund Policy.
5.4 CaseWise may adjust pricing with reasonable notice.


6. DATA PRIVACY & SECURITY

6.1 Users retain full ownership of Content.
6.2 Users may export their Content at any time subject to policy terms.
6.3 CaseWise processes Content solely to operate the platform.
6.4 Users must ensure all uploaded Content complies with POPIA.
6.5 CaseWise implements security safeguards but cannot guarantee absolute security.
6.6 Users must secure their devices, networks, and passwords.


7. INTELLECTUAL PROPERTY

7.1 All software, branding, designs, workflows, and materials belong exclusively to Mindwave Systems (Pty) Ltd.
7.2 Users receive a non-exclusive, limited licence to use CaseWise internally.
7.3 Users may not reverse-engineer, distribute, or reproduce CaseWise materials without written consent.
7.4 Feedback submitted by Users may be used by CaseWise without obligation.


8. SERVICE AVAILABILITY

8.1 While CaseWise targets high availability, uninterrupted service is not guaranteed.
8.2 CaseWise is not liable for disruptions caused by:

  • Hosting providers

  • ISP failures

  • Network outages

  • Cyberattacks

  • Third-party tools or integrations

8.3 Scheduled maintenance will be communicated when possible.


9. TERMINATION

9.1 Users may terminate subscriptions via their dashboard.
9.2 CaseWise may terminate or suspend accounts for violations, non-payment, or misuse.
9.3 Upon termination, Content may be retained for up to two years for legal and security reasons.
9.4 CaseWise is not liable for loss of access after termination.


10. DISCLAIMER OF WARRANTIES

10.1 CaseWise is provided “as-is” and “as-available.”
10.2 CaseWise does not guarantee:

  • Error-free operation

  • Continuous uptime

  • Compatibility with all devices

  • Accuracy of AI outputs

  • Any business, financial, or legal outcome

10.3 CaseWise does not provide legal advice or legal services.


11. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

  • CaseWise is not liable for indirect, consequential, incidental, punitive, or special damages.

  • CaseWise is not liable for loss of profits, revenue, business, goodwill, or data.

  • CaseWise is not liable for legal consequences from incorrect data entry or User actions.

  • CaseWise’s total liability is capped at the amount paid by the User in the three months preceding any claim.


12. INDEMNITY

Users indemnify and hold harmless Mindwave Systems (Pty) Ltd from claims arising from:

  • Misuse of CaseWise

  • Uploading unlawful or unauthorized Content

  • Breach of POPIA or professional rules

  • Violations of advertising regulations

  • Third-party integrations

  • User negligence


13. MODIFICATIONS TO TERMS

CaseWise may update these Terms periodically.
Continued use after updates constitutes acceptance.


14. GOVERNING LAW & DISPUTE RESOLUTION

14.1 These Terms are governed by the laws of the Republic of South Africa.
14.2 Disputes must follow this hierarchy:

  1. Written internal complaint

  2. Mediation

  3. Arbitration

  4. High Court of South Africa (if necessary)

14.3 POPIA-related complaints may be escalated to the Information Regulator.


15. MARKETING COMMUNICATIONS

Users may receive system updates, training notices, and marketing messages.
Users may opt out of non-essential marketing.

Essential communications (billing, security alerts) cannot be opted out of.


16. CONTACT DETAILS

Mindwave Systems (Pty) Ltd
Email: info@casewise.co.za
Website: https://casewise.co.za/contact