Legal & Compliance
These documents govern your use of the CapitalOS platform. Please read them carefully. By accessing or using CapitalOS, you agree to be bound by these terms.
Privacy Policy
CapitalOS (Pty) Ltd ("CapitalOS", "we", "us", or "our") is committed to protecting your personal information. This Privacy Policy explains how we collect, use, store, share, and protect the information you provide when using our platform at capitalos.co.za.
1. Who We Are
CapitalOS (Pty) Ltd is the responsible party as defined under the Protection of Personal Information Act 4 of 2013 (POPIA) for all personal information processed through our platform. We are registered in the Republic of South Africa.
2. Information We Collect
We collect and process the following categories of personal information:
| Category | Examples | Purpose |
|---|---|---|
| Identity information | Full name, job title, ID number (where required) | Account creation, verification |
| Contact information | Email address, phone number, LinkedIn profile | Communication, deal notifications |
| Business information | Company name, registration number, sector, revenue, financials | DEFLOW™ scoring, investor matching |
| Financial information | Capital ask, funding history, financial statements | Deal structuring, capital matching |
| Platform usage data | Login times, page views, match interactions | Platform improvement, security |
| Device & technical data | IP address, browser type, device identifiers | Security, fraud prevention |
3. How We Use Your Information
We process your personal information only for the purposes for which it was collected:
- To create and manage your CapitalOS account
- To calculate your DEFLOW™ capital readiness score
- To match your deal or mandate to appropriate counterparties on the platform
- To send platform notifications, deal updates, and communications
- To verify identities and prevent fraud
- To comply with our legal and regulatory obligations
- To improve and develop our platform and services
4. Sharing Your Information
We do not sell your personal information. We share information in the following limited circumstances:
- With matched investors or companies — only under the protection of our platform NDA, and only at the appropriate information tier (see NDA section in our Terms of Service)
- With service providers — third-party technology providers (including Supabase for data storage, Netlify for hosting, Cloudflare for security) who are contractually bound to protect your data
- For legal compliance — where required by South African law, court order, or regulatory authority
- With your consent — for any other purpose where you have given explicit consent
5. Data Retention
We retain your personal information for as long as is necessary to fulfil the purposes for which it was collected, or as required by law. Specifically:
- Active account data is retained for the duration of your account
- After account closure, we retain records for a minimum of 5 years for regulatory and dispute purposes
- NDA acceptance records are retained for 7 years
- You may request deletion of your personal data at any time (see your rights below)
6. Data Security
We implement appropriate technical and organisational measures to protect your personal information against unauthorised access, loss, or disclosure. These include encrypted data storage, secure authentication, role-based access controls, and regular security reviews.
7. Your Rights
Under POPIA, you have the right to:
- Request access to the personal information we hold about you
- Request correction of inaccurate personal information
- Request deletion of your personal information (subject to our legal retention obligations)
- Object to the processing of your personal information
- Withdraw consent at any time (where processing is based on consent)
- Lodge a complaint with the Information Regulator of South Africa
To exercise any of these rights, contact us at privacy@capitalos.co.za. We will respond within 30 days.
8. Cookies
We use session cookies for authentication purposes only. We do not use tracking or advertising cookies. You may disable cookies in your browser settings, but this will affect platform functionality.
Terms of Service
These Terms of Service ("Terms") govern your access to and use of the CapitalOS platform, including all features, dashboards, and communications. By creating an account or using the platform, you agree to these Terms in full.
1. Nature of the Platform
CapitalOS is a technology-enabled deal facilitation and capital structuring platform. We connect companies seeking capital with investors whose mandates match their profiles.
Important: CapitalOS is not a licensed financial services provider, investment advisor, broker, or securities dealer. Nothing on this platform constitutes financial advice, an investment recommendation, or a solicitation to invest. See our FAIS Disclaimer for full details.
2. Eligibility
To use CapitalOS you must:
- Be at least 18 years of age
- Have legal authority to act on behalf of the company or fund you represent
- Provide accurate and complete information during registration
- Not be subject to sanctions, debarment, or regulatory prohibition
3. Your Account
You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at security@capitalos.co.za if you suspect unauthorised access to your account. We are not liable for losses resulting from unauthorised use of your account where you have not notified us promptly.
4. Accuracy of Information
All information you submit to the platform — including financial data, business information, and mandate details — must be accurate, complete, and not misleading. Submitting false or misleading information is a material breach of these Terms and may result in immediate account suspension and legal action. CapitalOS does not independently verify information submitted by users; however, we reserve the right to conduct verification at our discretion.
5. DEFLOW™ Scores
The DEFLOW™ capital readiness score is calculated based on information you submit to the platform. It is an indicative assessment only and:
- Does not guarantee that you will receive funding
- Is not independently verified by CapitalOS
- Does not constitute financial advice or an investment recommendation
- May change as you update your information or as our scoring methodology evolves
- Should not be relied upon as the sole basis for any business or investment decision
6. Confidentiality & NDA
The platform operates a tiered information-sharing model. By accepting our platform NDA (required before accessing Tier 2 deal information and above), you agree that:
- All deal information, company profiles, financial data, and investment terms are strictly confidential
- You will not disclose confidential information to any third party without prior written consent from CapitalOS
- The confidentiality obligation survives for 3 years from the date of NDA acceptance
- If you choose not to proceed with a deal, you will promptly destroy or return all confidential materials upon request
7. Fees (Capital Seekers)
Capital seekers are subject to the following fees, which are agreed in writing before work commences:
| Fee Type | When Payable | Amount |
|---|---|---|
| Deal Structuring Fee | Upfront, on engagement | R15,000 flat (one-off), credited against the Success Fee on close |
| Success Fee | On successful close of capital raise | Tiered on capital secured: 3% up to R25M · 2.5% to R50M · 2% to R100M · 1.5% above R100M (as per the Deal Facilitation Mandate) |
The R15,000 Deal Structuring Fee is fully credited against the Success Fee at close. All fees are exclusive of VAT. Investors access the platform free of charge during the current launch phase. Full fee terms, including the tail period and anti-circumvention provisions, are set out in the Deal Facilitation Mandate accepted on engagement.
8. Anti-Circumvention
No Direct Contact: You are strictly prohibited from contacting, engaging, or transacting with any counterparty introduced to you through CapitalOS outside of the CapitalOS platform channels. This prohibition applies during your use of the platform and for 24 months after your last activity on the platform. Circumvention is a material breach of these Terms and you will be liable for CapitalOS's full success fee and structuring fee as if the transaction had been completed through the platform, plus damages.
9. Prohibited Conduct
You may not use the CapitalOS platform to:
- Submit false, misleading, or fraudulent information
- Circumvent the platform to contact matched parties directly
- Scrape, copy, or reproduce platform data or algorithms
- Interfere with platform security or access systems
- Use the platform for money laundering, sanctions evasion, or any unlawful purpose
- Impersonate any person, company, or CapitalOS staff member
10. Intellectual Property
CapitalOS, DEFLOW™, and all related logos, marks, and platform content are the intellectual property of CapitalOS (Pty) Ltd. You may not reproduce, copy, or use our branding or platform technology without written permission. DEFLOW™ is a registered trademark of CapitalOS (Pty) Ltd.
11. Limitation of Liability
To the maximum extent permitted by South African law, CapitalOS's total liability to you for any claim arising under these Terms shall be limited to: (a) for capital seekers, the total success fees and structuring fees paid by you to CapitalOS in the 12 months preceding the claim; or (b) for investors and other users who access the platform free of charge, R10,000. CapitalOS is not liable for indirect, consequential, or special damages, including lost profits, lost investment opportunities, or deal losses.
12. Termination
We may suspend or terminate your access to the platform immediately if you breach these Terms, submit false information, or engage in conduct that may harm other platform users or CapitalOS. You may close your account at any time by contacting support@capitalos.co.za. Confidentiality obligations and anti-circumvention provisions survive termination.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa. In the event of a dispute, the parties agree to first attempt resolution through good faith negotiation for a period of 30 days. If unresolved, disputes will be referred to arbitration in Johannesburg under the Rules of the Arbitration Foundation of Southern Africa (AFSA). Nothing in this clause prevents either party from seeking urgent relief from a court of competent jurisdiction.
14. Amendments
We may update these Terms from time to time. We will notify registered users of material changes by email at least 14 days before they take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.
POPIA Compliance Statement
CapitalOS (Pty) Ltd is committed to full compliance with the Protection of Personal Information Act 4 of 2013 (POPIA) and its implementing regulations. This statement outlines our obligations as a responsible party and your rights as a data subject.
Our Role as Responsible Party
Under POPIA, CapitalOS (Pty) Ltd is the responsible party for all personal information processed through our platform. This means we determine the purpose and means of processing your personal information and are accountable for ensuring it is handled lawfully.
Lawful Basis for Processing
We process personal information on the following lawful bases under POPIA:
| Basis | When We Rely on It |
|---|---|
| Contractual necessity | To fulfil our obligations to you as a platform user |
| Consent | For marketing communications and optional data sharing |
| Legitimate interests | For platform security, fraud prevention, and product improvement |
| Legal obligation | For record-keeping and regulatory compliance |
Your Rights Under POPIA
As a data subject, you have the following rights which we honour within 30 days of a valid request:
| Right | POPIA Section | What It Means |
|---|---|---|
| Right of access | Section 23 | Request a copy of all personal information we hold about you |
| Right to correction | Section 24 | Request that inaccurate or incomplete information be corrected |
| Right to deletion | Section 24 | Request that your personal information be deleted (subject to legal retention requirements) |
| Right to object | Section 11(3) | Object to the processing of your personal information on grounds relating to your particular situation |
| Right to withdraw consent | Section 11(2) | Withdraw consent at any time where processing is based on consent |
How to Exercise Your Rights
To submit a data subject request, contact our Information Officer:
Cross-Border Data Transfers
Some of our technology service providers are located outside South Africa (including cloud infrastructure providers). Where personal information is transferred internationally, we ensure appropriate safeguards are in place, including contractual protections equivalent to those required under POPIA.
Complaints to the Information Regulator
If you believe we have not handled your personal information in compliance with POPIA, you have the right to lodge a complaint with the Information Regulator of South Africa:
Data Breach Notification
In the event of a security compromise affecting your personal information, CapitalOS will notify you and the Information Regulator as soon as reasonably possible, and in any event within the timeframes required by POPIA. We will provide details of the nature of the breach, the information affected, and the steps taken to address it.
FAIS Disclaimer
CapitalOS is not a licensed financial services provider. CapitalOS (Pty) Ltd is a technology-enabled deal facilitation and capital structuring platform. We are not authorised to provide financial advice, investment recommendations, or intermediary services as defined under the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS Act). Nothing on this platform constitutes financial advice, a solicitation to invest, or an offer to buy or sell any financial product or security.
What CapitalOS Is
CapitalOS is a deal facilitation and capital structuring platform that provides:
- A structured intake and assessment process (the DEFLOW™ framework) to evaluate a company's capital readiness
- Technology-driven matching of companies to capital providers based on profile compatibility
- A deal management environment for tracking the progress of capital raise processes
- Structured information exchange between companies and investors under appropriate confidentiality protections
What CapitalOS Does Not Do
CapitalOS does not and cannot:
- Recommend specific investors or investment products to you
- Advise you to accept or reject any term sheet or offer
- Provide an assessment of the creditworthiness or investment merit of any deal
- Act as a broker, dealer, or intermediary for the purchase or sale of financial products
- Guarantee that your deal will attract funding or that any investment will be successful
- Provide legal or tax advice in connection with any transaction
DEFLOW™ Score Disclaimer
The DEFLOW™ capital readiness score is a proprietary assessment tool developed by CapitalOS. It is based solely on information submitted by users and has not been independently verified. A DEFLOW™ score:
- Is not a credit rating, investment recommendation, or financial advice
- Does not represent a judgment on the financial soundness or investment merit of any business
- Should not be relied upon as the basis for any investment or funding decision
- Is provided for informational and facilitation purposes only
Your Responsibility
Before making any investment or funding decision, you should:
- Conduct your own independent due diligence
- Obtain advice from a qualified and licensed financial advisor authorised under the FAIS Act
- Seek independent legal advice where appropriate
- Consider your own financial circumstances, risk tolerance, and investment objectives
Standard Platform Disclaimer: CapitalOS is a deal facilitation and capital structuring platform. DEFLOW™ scores and all platform communications are informational only and do not constitute financial advice, investment recommendations, or legal counsel. CapitalOS is not a licensed financial services provider, investment advisor, or securities dealer. Independent due diligence and qualified professional advice are required before any investment decision.
Regulatory Status
CapitalOS (Pty) Ltd is registered in the Republic of South Africa. We are not registered as a financial services provider under the FAIS Act and do not hold an FSP licence. If you require regulated financial advisory services, please consult a licensed financial advisor. A list of licensed FSPs is available from the Financial Sector Conduct Authority (FSCA) at www.fsca.co.za.