Terms of Service

  • Effective Date: 6 Oct 2026
  • Last Updated: 6 Oct 2026
Please read Sections 12, 15 and 16 carefully. They limit our liability, place certain risks on you, and require you to indemnify us.

Welcome to Mighty Workflow!

These Terms of Service (“Terms”) constitute a binding legal agreement between you (“User,” “you,” or “your”) and Mighty Toolkit (Pty) Ltd, trading as Mighty Workflow (“Mighty Workflow,” “we,” “us,” or “our”).

These Terms govern your access to and use of our website, applications, and related services (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services.

We are committed to handling personal information in compliance with applicable data-protection laws, including the Protection of Personal Information Act, 2013 (POPIA) and, where relevant, the General Data Protection Regulation (GDPR) and the UK GDPR.

1. Who We Are

Mighty Workflow is an email-based workflow and collaboration platform that enables Subscribers and their Invited Users to organize client communications into structured workflows, track deadlines and tasks, and collect documents or information from clients.

Mighty Workflow is owned and operated by MIGHTY TOOLKIT (PTY) LTD, a company registered in South Africa under registration number 2025/685291/07. By using Mighty Workflow, you are entering into an agreement with MIGHTY TOOLKIT (PTY) LTD.

  • Company Name: MIGHTY TOOLKIT (PTY) LTD (trading as Mighty Workflow)
  • Registered Address: 2 Willow Ridge, Royal Ascot, Cape Town, Western Cape, 7441, South Africa
  • Directors: Allister Smith and Ian Rossiter
  • Contact Email: [email protected]

2. Definitions

For clarity in these Terms:

  • “Mighty Workflow,” “we,” “us,” or “our”: Mighty Toolkit (Pty) Ltd, a company incorporated in South Africa, trading as Mighty Workflow. This is the entity that provides the Services and that you contract with for their use. Paid subscriptions are sold to you by our Merchant of Record (see Section 11).
  • “Services”: Our websites, web and mobile applications, APIs, tools, features, and related services we make available now or in future.
  • “Subscriber”: The individual or legal entity that enters into these Terms by signing up for and creating a Workspace in the Services. The Subscriber is legally responsible for the Workspace, including payment of any applicable fees, control of User access and management of User roles and permissions. In Mighty Workflow, the Subscriber is assigned the role of Owner.
  • “Invited User” (also “Team Member”): Any individual the Subscriber invites into a Workspace and to whom the Subscriber grants access, roles, and permissions within the Services (e.g., employees or contractors who collaborate in creating and managing workflows). The Subscriber controls Invited Users’ roles, permissions, and access, and may change or revoke them at any time.
  • “Contact”: An external party (e.g., a client, applicant, or supplier) whom the Subscriber or its Team Members communicate with by email through the Services to request, collect, or exchange documents or information. Contacts interact with the Services solely over email and do not access the Workspace, hold a role or permissions, or create an account. Contacts are not Users and are not party to these Terms; the Subscriber remains responsible for its communications with Contacts and for establishing a lawful basis to process their personal information (see Sections 7 and 15).
  • “User,” “you,” or “your”: Collectively, the Subscriber and any Invited User. Contacts are not Users and are not party to these Terms. Context will indicate who a clause applies to; where obligations concern billing, access control, and account configuration, they apply to the Subscriber.
  • “Workspace”: The environment created by the Subscriber within the Services that contains Customer Data, Users, and associated settings.
  • “Customer Data”: Content that you, your Invited Users, or your Contacts submit to, send through, or create in the Services — including emails and attachments synced from mailboxes you connect, documents, contact details, and workflow data. It does not include usage data (see our Privacy Policy).
  • “Confidential Information”: Non-public information disclosed by one party to the other that is marked confidential or would reasonably be understood as confidential given the nature of the information and the circumstances of disclosure.
  • “Merchant of Record” (MOR): The company that resells subscriptions to the Services to Subscribers. As the seller, the Merchant of Record processes payments, issues invoices, handles refunds, and calculates, collects, and remits applicable transactional taxes. Mighty Toolkit (Pty) Ltd provides the Services themselves. For Mighty Workflow, the Merchant of Record is Polar Software Inc.

3. Who You Are

When you use our Services, you are a User. Users include Subscribers and Invited Users, as defined above. As a Subscriber you are assigned the role of Owner and take responsibility for fully controlling how your Workspace is used and who can access it, including:

  • Paying all fees for the Workspace subscription.
  • Managing changes to the Workspace subscription.
  • Managing access, roles and permissions of your Invited Users.
  • Resolving any disputes with your Invited Users regarding access to or use of the Workspace.
  • Taking full responsibility for all activity of your Invited Users within the Workspace.
  • Taking responsibility for your communications with Contacts and for the information you request from or send to them.

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. The Services are not intended for or directed to children under 18, and we do not knowingly permit them to register or use the Services.

4. Your Workspace

As the Subscriber (and Owner of your Workspace), you agree and commit to:

  • Provide true, accurate, and complete information when creating and maintaining your Workspace.
  • Keep all information up to date, including a current and valid email address.
  • Keep your login credentials secure and confidential.
  • Use a strong, unique password that is not easily guessed.
  • Notify us immediately of any unauthorised access or suspicious activity.
  • Accept full responsibility for all use of the Services and all activity within your Workspace.

5. Acceptable Use & Fair Use

You agree not to:

  • Break any laws or infringe others’ rights.
  • Upload offensive, harmful, illegal, or misleading content.
  • Introduce viruses, malware, or malicious code.
  • Access or attempt to reverse-engineer the Services without permission.
  • Resell, lease, or provide the Services to others unless expressly permitted.
  • Send spam, phishing, or fraudulent content through the Services.
  • Use the Services to send emails to Contacts you do not have permission or a lawful basis to contact, or in a manner that violates applicable anti-spam or electronic-communications laws.
  • Act abusively or disrespectfully towards our staff, other Users, or Contacts.
  • Use the Services in a way that the Sensitive Data rules below prohibit.
  • Use the Services to collect or process data in connection with illegal, fraudulent, or high-risk activities (including but not limited to gambling, adult content, weapons, or crypto-asset promotions) unless expressly permitted in writing.

Sensitive Data

The Services are built for professional-services firms. You may use them to collect and store the information that work ordinarily involves, including identity and passport documents, tax and other government reference numbers, financial records (such as payslips, bank statements, and tax documents), and proof of address. This includes information in emails and attachments synced from mailboxes you connect.

You are the responsible party (POPIA) or controller (GDPR and UK GDPR) for Customer Data, and we process it on your behalf under our Data Processing Agreement (DPA). You are responsible for having a lawful basis, and any consent or authorisation required, to process Customer Data, and for limiting access to it within your Workspace.

Special personal information and children’s personal information (POPIA), special category data (GDPR Art. 9), and criminal offence data (GDPR Art. 10) may be processed only where incidental to the services you provide your clients (for example, medical expense records or dependants’ details supporting a tax return).

You must not use the Services:

  • as a system for storing or processing payment card data (full card numbers or security codes). Card details appearing incidentally in a client document are not a breach of this clause;
  • for biometric identification or to store biometric templates. Copies of identity documents are not biometric identifiers for this purpose;
  • as a system of record for health or medical information; or
  • to process Protected Health Information under HIPAA. The Services are not designed to comply with HIPAA.

If you process data in breach of this section, you remain responsible for that data under Section 7, and your indemnity in Section 15 applies.

Fair use limits

To protect all customers, we may apply reasonable usage limits. If your usage is excessive or unreasonable, we may ask you to reduce it within 14 days. Continued breaches may result in suspension or termination.

Reasonable Use Controls

We may meter, rate-limit, or suspend parts of the Services if your use (a) degrades platform performance; (b) exceeds plan limits; (c) poses security or legal risk; or (d) appears automated scraping or abuse. We will endeavour to notify you in advance when reasonable, but we may suspend immediately if necessary to protect the Services, other customers, or comply with law.

6. How You Can Use Mighty Workflow

You may use the Services to:

  • Create, manage, and complete workflows.
  • Invite Team Members into your Workspace to collaborate on workflows.
  • Communicate with Contacts by email to request, collect, or exchange documents and information.
  • Collect, store, and process Customer Data in connection with workflows.
  • Complete workflow steps and tasks assigned to you.

Children’s personal information (for example, dependants’ details on a tax return) may be processed only where incidental to the services you provide your clients, and only where you have a lawful basis and any consent or authorisation required, as set out under Sensitive Data in Section 5. Children under 18 may not use the Services themselves (see Section 3).

AI Features

Some features use AI to suggest to-dos, summarise workflows, and draft replies. AI output can be wrong or incomplete: review it before relying on it or sending it. You are responsible for what you send and for the advice you give your clients. Neither we nor our AI provider (listed on our Sub-processors page) use Customer Data to train AI models. If you connect your own AI assistant, its provider’s terms govern the data it accesses.

7. Your Content & Responsibility

  • Ownership: You retain ownership of all Customer Data.
  • Licence: You grant us a limited, worldwide, non-exclusive licence to host, copy, transmit, process, and display Customer Data solely to provide, secure, and support the Services for you, as set out in the DPA. We may use usage data — how the Services are used, such as feature use, counts, timings, and errors, but never the content of Customer Data — to operate and improve the Services, and share it only in aggregated, anonymised form. We never sell Customer Data, use it for advertising, or use it to train AI models.

  • Controller Responsibilities: As between you and us, you act as the Data Controller for Customer Data, and we act as your Data Processor. You are solely responsible for:

    • Establishing a lawful basis for collection and processing
    • Providing required notices and obtaining valid consent from Data Subjects
    • Obtaining any client consents your professional or regulatory rules require before you put client information into the Services — for example, US tax preparers’ obligations under IRC §7216
    • Ensuring the accuracy, quality, legality, and reliability of Customer Data
    • Configuring the Services (roles and permissions) to meet your compliance needs
    • Responding to Data Subject rights requests and other legal obligations (we will assist as described in the DPA)
  • Responsibility: You are responsible for Customer Data, for the actions of your Invited Users, and for your communications with Contacts through the Services. If Customer Data or your use of the Services breaches these Terms or applicable law, you agree to indemnify us under Section 15.

When you collect data from Contacts, you are the Data Controller and we act as the Data Processor. The Data Processing Agreement (DPA) forms part of these Terms.

8. Confidentiality

While using the Services, you may share Confidential Information with us, and you may become aware of Confidential Information about us. Both parties agree to:

  • Take all reasonable steps to protect the other party’s Confidential Information from unauthorised access, use, or disclosure.
  • Only use or disclose Confidential Information as necessary to perform obligations under these Terms, or as required by law, regulation, or valid legal process.
  • Limit access to Confidential Information to employees, contractors, or service providers who need it to perform obligations under these Terms and who are bound by confidentiality obligations no less protective than those in these Terms.

Confidential Information does not include information that is public, already known to the receiving party, independently developed without reference to the disclosing party’s information, or lawfully obtained from a third party without restriction.

9. Intellectual Property & Our Rights

We (Mighty Toolkit (Pty) Ltd, trading as Mighty Workflow) own Mighty Workflow, including all intellectual property rights in the Services, platform, design, code, trademarks, and all content we provide through the Services, excluding Customer Data.

You may not copy, reproduce, distribute, resell, or create derivative works from any part of the Services or our content unless expressly permitted in writing. You may not reverse-engineer, decompile, or attempt to extract the source code of the Services.

We may update, improve, or modify the Services at any time. Where possible, we’ll let you know about major updates.

10. Security

We use reasonable technical, physical, and administrative safeguards to protect Customer Data, described in Section 8 of our DPA. However, no system is 100% secure.

To help protect the Services and Customer Data, we may also:

  • Require you to enable certain security features (e.g., multi-factor authentication).
  • Require you to protect your own login details and use strong passwords.
  • Restrict the types of sensitive information that may be stored in the Services (see Sensitive Data in Section 5).

Shared Responsibility

Security is a shared responsibility. You must:

  • Require your Users to turn on two-factor authentication.
  • Manage role-based access.
  • Keep your own copies of any Customer Data you are required to retain (exports are available on request — see Section 14).
  • Promptly remove access for departing Users.

11. Payment & Billing (if applicable)

If you are on a paid subscription:

  • Pricing & Terms: You agree to the pricing, billing frequency, and payment terms presented at checkout or in your order form. Subscriptions auto-renew at the end of each billing cycle unless cancelled in accordance with these Terms.
  • Refunds: Fees are generally non-refundable. Refunds are handled by our Merchant of Record, which may grant one under its Buyer Terms, and refunds will always be given where required by law.
  • Payment Failure: If payment fails or is late, we may suspend or restrict access to the Services until payment is made. Continued non-payment may result in termination under Section 14.
  • Taxes: All subscription fees exclude applicable transactional taxes (such as VAT, GST, or sales tax), unless otherwise specified. Applicable taxes are added at checkout and shown on your invoice. As the seller, our Merchant of Record calculates, collects, and remits these taxes. You are responsible for any other taxes, duties, or charges (including withholding tax) that may apply under your local laws.
  • Disputes: If you dispute any charge, you must notify us or our Merchant of Record within 30 days of the charge. You must pay undisputed amounts when due.

Chargebacks

If you initiate a chargeback without first providing us a reasonable opportunity to resolve the issue, we may suspend your account, recover associated fees and costs, and treat the chargeback as a material breach of these Terms.

Price Changes

We may change subscription fees from time to time. We will provide advance notice of any increase, and the new rates will apply from the start of your next billing cycle unless you cancel before renewal.

Payment Processing

All payments for subscriptions and services are processed securely by our Merchant of Record. The Merchant of Record is the legal seller of the Services provided through Mighty Workflow and is responsible for payment processing, billing, and the collection and remittance of applicable transactional taxes.

Your payment details are collected and processed exclusively by the Merchant of Record. We do not collect or store your credit or debit card information. Your purchase from the Merchant of Record is subject to its Buyer Terms and Privacy Policy; your use of the Services remains subject to these Terms.

You will see the Merchant of Record’s name (Polar) on your billing statement. For billing-related queries, you may contact the Merchant of Record directly or reach out to us and we will assist in resolving the matter.

12. Availability & Maintenance

  • Availability: We aim to provide the Services 24/7. From time to time, we may need to perform maintenance, upgrades, or deal with unforeseen issues, which may result in downtime. We try to minimise such downtime and, where practicable, will provide advance notice of planned maintenance. We are not liable for any loss, damage, or expense arising from temporary unavailability of the Services (see Section 16 – Limitation of Liability).
  • Access issues: You understand that the Services may occasionally be unavailable due to factors outside our reasonable control (such as internet outages, third-party service failures, or network congestion).
  • Compensation: We do not guarantee uninterrupted availability. At our discretion, we may provide service credits or refunds in cases of prolonged, system-wide downtime, but we are not obliged to do so.
  • Support: We provide online resources and support to help resolve issues. If you cannot resolve a problem through our help resources, you may contact us directly.
  • Modifications: We regularly release updates, improvements, and enhancements to the Services, and may occasionally discontinue features. Where practical, we will provide advance notice (e.g., by email, in-app notices, or blog posts).
  • Free plan and early access: If you use the Services without paying, or use a feature we label early access or beta, it is provided as is and may change or be withdrawn at any time. We may use any feedback you give us without obligation to you.

13. Hosting & Cross-Border Data Transfers

Customer Data is hosted in the European Union (EU). Our Sub-processors page lists where each provider processes it, and Section 6 of the DPA explains how international transfers are protected.

14. Termination & Data

  • By You: You may cancel your paid subscription at any time. Cancellation is effective at the end of the current billing period unless otherwise agreed in writing, after which your Workspace moves to the Free plan and nothing is deleted. You may also ask us to close your Workspace at any time. Subscription fees already paid are non-refundable, except as set out under Refunds in Section 11.
  • By Us: We may suspend or terminate your account if:
    • You commit a breach of these Terms and fail to remedy it within 14 days of notice;
    • You commit a serious breach that cannot be remedied;
    • You fail to make payment when due:
      • If payment is not received within 7 days of the due date, we may suspend your access; and
      • If payment is not received within 14 days of the due date, we may terminate your subscription.
    • Your use of the Services poses a security or legal risk, or materially degrades performance, for others.
  • Content Removal: We may remove or disable any Customer Data or content that, in our reasonable judgment, violates these Terms, applicable law, or third-party rights.
  • Data Retention, Export & Deletion: “Termination” here, and in the DPA and Privacy Policy, means your Workspace is closed — at your request or by us under these Terms. Moving to the Free plan is not termination.
    • Exports: At any time, and for 60 days after termination, the Subscriber may request an export of its Customer Data by emailing [email protected]. We will provide it within 30 days of your request, as a ZIP file of structured data together with the original files.
    • Retention after termination: We will retain Customer Data for 60 days after termination so that you can request an export or reactivate your Workspace.
    • Deletion: We will permanently delete Customer Data within 30 days after that 60-day period ends (so no later than 90 days after termination), unless a longer period is required by law. You may ask us to delete it sooner.
    • Backups: Deleted Customer Data may remain in encrypted backups for up to 30 days.
    • You remain responsible for requesting an export of any Customer Data you need before it is deleted.

15. Indemnity

Your Indemnity

Except to the extent caused by Mighty Workflow’s breach of these Terms, you shall defend, indemnify, and hold harmless Mighty Workflow, its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your or your Invited Users’ use of the Services in violation of law or these Terms;
  • Your communications with Contacts, or the information you request from or send to them through the Services;
  • Customer Data (including alleged IP infringement, defamation, privacy or data-protection violations, or other unlawful content);
  • Your failure to provide required notices/consents or to establish a lawful basis for processing Customer Data.

Exclusions

We have no obligation for any claims arising from: (i) Customer Data; (ii) your specifications, modifications, or configurations; (iii) combinations with non-Mighty products, services, or data; or (iv) use of unsupported or outdated versions of the Services.

Survival

This Section 15 survives termination of these Terms.

16. Limitation of Liability

Mighty Workflow’s liability to you in connection with the Services or these Terms, whether in contract, tort (including negligence), or otherwise, is limited as follows:

  • As Is: The Services are provided “as is” and “as available.” We do not guarantee they will be error-free, uninterrupted, or meet every need.
  • Disclaimer: TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • No Indirect or Certain Direct Damages: We are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, revenue, goodwill, reputation, anticipated savings, customers, capital, or compliance with legal, tax, or accounting obligations, even if advised of the possibility.
  • Cap on Liability: Our total aggregate liability to you in any circumstances is limited to the greater of (a) the fees paid for the Services (to us or our Merchant of Record) in the 12 months immediately preceding the event giving rise to the liability, and (b) US$100.
  • Exclusions: These limits do not apply to liability that cannot be excluded under law, including fraud, wilful misconduct, gross negligence, or death/personal injury caused by negligence.
  • Data Loss: You are responsible for keeping your own copies of Customer Data you need (exports are available on request). Our liability for any loss or corruption of Customer Data is limited to taking reasonable steps to attempt recovery from our available backups. We are not liable for loss of data caused by your misconfiguration, compromised credentials, integrations, or third-party systems.

17. Privacy

We respect your privacy. Our Privacy Policy explains what data we collect, how we use it, and your rights.

18. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, strikes, internet outages, or government actions.

19. Notices

Notices to us must be sent to [email protected] (or another email we specify). Notices to you will be sent to the primary email linked to your account.

20. Governing Law & Venue

  • Informal Resolution: If a dispute arises, both parties will first attempt to resolve it informally and in good faith.
  • South African Law: These Terms are governed by the laws of South Africa. The High Court of South Africa (Western Cape Division, Cape Town) has exclusive jurisdiction over any dispute, wherever you are located.
  • Class Actions: To the extent permitted by law, disputes must be brought on an individual basis and not as part of a class, consolidated, or representative action.
  • Disputes With Others: You are solely responsible for resolving disputes between you and any other Subscriber, Invited User, or Contact.

21. Changes to These Terms

We may update these Terms from time to time. Material changes will not apply retrospectively. Where practical, we will give at least 30 days’ prior notice (by email or in-app).

If you do not agree to changes, you may terminate before they take effect. Continued use of the Services means you accept the updated Terms.

22. Entire Agreement

These Terms and our Data Processing Agreement form the entire agreement between you and us regarding the Services.

23. Contact Us

If you have any questions about these Terms, please contact us:

📧 [email protected]

🏢 2 Willow Ridge, Royal Ascot, Cape Town, Western Cape, 7441, South Africa