Terms & Conditions of Use
Effective Date: 2025-08-01 Last Updated: 2025-07-20
These Terms and Conditions (“Terms”) govern your access to and use of the Empact Wellness mobile application and programme (“the App”), developed and operated by Empact Wellness (Pty) Ltd, a private company incorporated in accordance with the laws of the Republic of South Africa, with registration number 2024/511420/07 (“Empact”, “we”, “our”).
By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.
If you do not agree to these Terms, you must not access or use the App.
Application of These Terms
These Terms apply to all users (“User”, “you”, “your”) who access or use the App and the wellness services made available through it, including any services provided by our affiliated wellness professionals, practitioners, coaches, or counsellors (“Practitioners”).
For clarity, the Empact appointed counsellor may also be referred to as the “Empact Navigator” and the other third-party coaches, counsellors and related professionals may be referred to as “Companions” or, for escalated interactions “Case Manager(s)”.
These Terms apply in addition to any separate agreement between Empact and your employer and do not amend, limit, or override such agreements.
Purpose of the App
The App is designed to provide support the general wellbeing of employees by offering access to digital resources, assessments, and interactions with Practitioners. It is not intended for use in medical emergencies or as a substitute for professional medical diagnosis, treatment, or emergency services.
Eligibility
You must be a registered employee of an organisation enrolled in the Empact Wellness programme or a family member of such registered employee. By using the App, you warrant that you meet the eligibility criteria. If you misrepresent your eligibility, Empact shall not be held liable for any resulting harm, and we reserve the right to immediately suspend your access.
Use by Minors and Consent by a Competent Person
If you are under the age of 18, you may not access or use the App without the verifiable consent of your parent or legal guardian. Where the user is identified as a minor, Empact requires that a parent or legal guardian (a “competent person” as defined in POPIA) provides express, verifiable consent before the App may be used. The App may limit functionality or suspend access until such consent is received. Empact reserves the right to request verification of such consent at any time. If no valid consent is obtained, any personal information collected may be deleted in accordance with POPIA.
User Responsibilities
You agree to use the App in accordance with these Terms and any applicable policies communicated by Empact, provide accurate, complete, and current personal information where required, and refrain from using the App for unlawful, abusive, or inappropriate purposes.
No Emergency Services
The App does not provide crisis response or emergency intervention. If you are experiencing a medical emergency, mental health crisis, or are in immediate danger, you must contact emergency services or seek help through appropriate emergency or medical channels.
No Medical Advice
The content and support provided through the App are intended for general information purposes only. While our Practitioners (Empact Navigators, Companions and Case Managers) may be qualified professionals, the App does not provide medical care, diagnosis, or treatment, and any information provided is not a replacement for consulting a healthcare provider.
Escalation in Cases of Risk
By using this App, you expressly acknowledge and consent that where Empact or any Practitioner, in their reasonable discretion, believes there is a credible risk of self-harm, suicide, or harm to others, Empact or the Practitioner may, at their sole discretion:
- Escalate the concern to your employer, a designated representative within your organisation, or a Case Manager for further assistance or intervention;
- Take any other action deemed appropriate under the circumstances to protect your safety or the safety of others.
You understand and accept that this escalation may involve disclosure of relevant information concerning your mental or emotional state and may be made solely for the purpose of protecting life and wellbeing. All such disclosures will be made with due regard to the data subject’s dignity, and only the minimum necessary information will be shared. Empact does not guarantee intervention or outcomes in such cases and shall not be liable for any consequences of escalation or non-escalation.
AI-Powered Coach
The App includes access to an artificial intelligence wellness assistant (“AI Coach”), which is intended to provide general wellbeing prompts, reflections, and coaching support based on your interactions and usage history within the App.
The AI Coach is not a human being and does not constitute a substitute for a licensed healthcare provider, therapist, financial advisor, legal practitioner, or any other qualified professional. It does not provide clinical, medical, financial, or legal advice, and is not intended to diagnose, treat, or manage any condition. The AI Coach is not developed or operated under the authority or guidance of the Health Professions Council of South Africa (HPCSA), and no interaction with it shall be construed as a consultation with a registered healthcare professional.
You are advised not to rely on the AI Coach for emergency assistance or decision-making in situations that require professional expertise. In such cases, you must seek support from an appropriately qualified person or contact emergency services.
You acknowledge that the AI Coach operates using automated processes and that, while it is designed to assist with general information and coaching support, it may produce incomplete, imprecise, or inaccurate responses. Information provided by the AI Coach should be regarded as a starting point only and not as a definitive source of advice. Users are encouraged to independently verify any important or sensitive information before relying on it.
By using the AI Coach, you expressly consent to Empact recording, storing, and analysing your interactions with the feature for the purposes of delivering personalised support, improving the functionality of the AI Coach, and ensuring responsible usage. Use of the AI Coach is subject to the Empact Privacy Policy and applicable data protection legislation. You are advised not to share any sensitive personal information that you do not wish Empact, or its authorised third-party service providers, to access.
Your access to and use of the AI Coach constitutes your acceptance of the above terms and acknowledgement of the intended purpose and limitations of the feature. Empact disclaims any liability arising from reliance on content generated by the AI Coach.
Confidentiality and Privacy
Empact is committed to handling your personal information in accordance with applicable privacy and data protection laws, including the Protection of Personal Information Act, 2013 (POPIA).
Please note that your personal data, including sensitive wellness information and usage history, may be made accessible to third-party service providers (including Empact Navigators, Companions and Case Managers) within the Empact Wellness programme, only for the purpose of supporting your wellbeing journey in a manner that complies with POPIA.
Please review our Privacy Policy for more information on how your personal information is collected, stored, processed, and shared. The Privacy Policy also explains your rights under POPIA, including your right to access and correct your personal information, object to certain processing, and request deletion of your data. It further outlines our data retention practices and how long personal information is kept.
You consent that Empact may, where lawful and necessary for the proper provision, personalisation, or improvement of wellness services, collect, verify, or supplement your personal and health-related information by obtaining or cross-referencing data from any legitimate and authorised source.
Such data collection and cross-referencing may be used to confirm your identity, validate programme participation, enhance the accuracy of your wellness profile, or improve service delivery and research insights.
All such activities will be conducted in full compliance with the Protection of Personal Information Act, 2013 (POPIA), and any other applicable data-protection laws. Empact will only process data that is reasonably required for legitimate wellness or operational purposes and will ensure that all personal and health data obtained from third parties, providers, or software systems is handled with strict confidentiality, using appropriate technical and organisational safeguards to protect your privacy and dignity.
The App may use technical tools, such as cookies or analytics services, to collect aggregated usage data for performance monitoring and service improvement.
Consent to Communication and Profile Access
By using the App, you expressly consent to being contacted by Empact and its authorised service providers or third-party partners who are part of the Empact Wellness programme. Contact may be made via phone, email, WhatsApp, SMS, in-app messaging, or any other method provided through the App.
You further acknowledge and agree that Empact and these third parties may access, process, and use the full scope of your profile data for the purpose of providing, supporting, improving, or managing wellness services. This includes, but is not limited to:
- your declared interests and preferences,
- mood and emotional ratings,
- health-related notes entered by Empact or Practitioners,
- your chat history within the App,
- all prior activity and interactions within the App,
- and your name and contact details.
Such processing and sharing will always occur in accordance with our Privacy Policy and applicable data protection legislation, including POPIA.
Empact may share anonymised, aggregated wellness reports with your employer for programme insights. These reports do not identify you personally.
In rare cases where there is a real and immediate risk of self-harm or harm to others, limited personal information may be shared with a designated person in your organisation - only to help ensure your safety. This will be done responsibly and in line with POPIA.
Indemnity
You agree to indemnify, defend, and hold harmless Empact, its directors, employees, agents, and Practitioners from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your breach of these Terms, misuse of the App, or any unlawful, negligent, or inappropriate use of the App or its features.
Limitation of Liability
You agree that your use of the App is at your own risk. To the fullest extent permitted by South African law, Empact, its directors, employees, contractors, licensors, and Practitioners shall not be liable for any loss or damage, whether direct or indirect, arising from or in connection with your use of the App, including but not limited to:
- personal injury or death not caused by Empact’s gross negligence;
- emotional distress or mental harm;
- loss of data or profits;
- any reliance on content or interactions via the App.
Nothing in these Terms limits liability for gross negligence, wilful misconduct, or any liability that cannot legally be excluded.
No Warranties
The App is provided on an “as is” and “as available” basis. Empact makes no warranties or representations, express or implied, regarding the availability, quality, accuracy, or reliability of the App or the services accessed through it. Empact does not guarantee that the App will be uninterrupted or error-free. Empact does not endorse or take responsibility for any third-party services or content accessed via the App. We do not guarantee that the App or any advice provided by Practitioners will meet your specific expectations or result in any particular outcome.
Intellectual Property
All content, logos, trademarks, software, and materials displayed on or accessible through the App are the property of Empact or its licensors. You are granted a limited, non-transferable, non-exclusive licence to use the App for personal wellness purposes only. You may not copy, modify, distribute, sell, or exploit any part of the App without prior written consent. Any unauthorised use, reproduction, or distribution of the App content may result in civil or criminal penalties under applicable South African and international law.
Force Majeure
Empact shall not be liable for any failure to perform or delay in performing any obligation under these Terms due to events beyond its reasonable control, including but not limited to acts of God, internet outages, strikes, pandemic, acts of war, or government restrictions.
Termination
Empact reserves the right to suspend or terminate your access to the App at any time, with or without notice, including where you breach these Terms; your employer withdraws your access; the programme is discontinued or modified. You may also terminate your use of the App at any time by contacting us. Upon termination, you may request deletion of your personal information in accordance with our Privacy Policy and applicable laws. Empact reserves the right to refuse continued access to the App if misuse or abuse is detected, including but not limited to sharing offensive content or impersonation.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa. If any provision of these Terms is held to be invalid, the remaining provisions shall remain in full force and effect.
Changes to These Terms
Empact reserves the right to modify these Terms at any time. The updated version will be made available within the App or via email. By continuing to use the App after any changes, you accept and agree to the modified Terms.
Survival
Clauses relating to limitation of liability, indemnity, intellectual property, privacy, and any other provisions that by their nature should survive termination, shall survive termination of your use of the App.
Contact
For any queries, requests, or concerns regarding these Terms, please contact: c.schutte@empactwellness.co.za
Acknowledgement and Acceptance
By clicking “I Accept” or by accessing and using the App, you acknowledge that you have read, understood, and agreed to be bound by these Terms, including the disclaimers and limitations of liability, and that you have consented to the potential escalation of concerns related to self-harm.