Terms of Service

Effective Date: 18 June 2026 Company: FNA Solutions (Pty) Ltd trading as Consilium 360 Location: Roodepoort, Gauteng, South Africa

1. Acceptance of Terms & Definitions

By accessing, registering for, or using the Consilium 360 platform (“the Service”, “the Platform”, or “the Software”), you (“the User”, “the Advisor”, or “the FSP”) agree to be bound by these Terms of Service. If you are accepting these terms on behalf of a company or Financial Services Provider (FSP), you warrant that you have the legal authority to bind that entity.

2. Nature of the Service

Consilium 360 provides a Software-as-a-Service (SaaS) platform encompassing Financial Needs Analysis (FNA) calculators, CRM tools, document generation, and enterprise management dashboards. As explicitly stated in our incorporated FAIS Disclaimer, the Service is a technological tool only. We do not provide financial advice.

3. Account Registration, Security, and Access

  • Eligibility: Use of the Platform is restricted to registered Financial Advisors, Wealth Managers, Paraplanners, and their authorized administrative staff.
  • Account Security: You are responsible for maintaining the strict confidentiality of your login credentials. You may not share your login details with another person (no “seat sharing”). Consilium 360 mandates Two-Factor Authentication (2FA). You must notify us immediately at security@consilium360.co.za of any suspected unauthorized access.
  • Principal Oversight: If operating under an Enterprise/FSP structure, the Key Individual or FSP Principal bears responsibility for the actions and data handling of all users operating under their organizational account.

4. Subscription, Billing, and Cancellation

  • Fees and VAT: Access is billed on a monthly or annual subscription basis according to the selected tier (Standard, Professional, Enterprise, API). All prices are in South African Rands (ZAR) and exclude Value-Added Tax (VAT) unless otherwise stated.
  • Automated Collection: Subscriptions are billed in advance. By providing payment details, you authorize our payment gateway partner (Netcash) to automatically collect fees.
  • Failed Payments: If a payment fails, Consilium 360 will grant a 7-day grace period, after which access to the Platform (including client data and calculators) will be suspended until the account is settled in full.
  • Seat Adjustments: Adding user seats will result in immediate prorated charges. Removing seats will adjust your billing on the next billing cycle.
  • Cancellations & Refunds: You may cancel your subscription at any time via your account settings. Access will remain active until the end of your current paid billing cycle. Consilium 360 does not provide pro-rata refunds for partial months or unused services.

5. Acceptable Use and Restrictions

You agree that you will NOT:

  • Reverse engineer, decompile, disassemble, or attempt to extract the source code, proprietary algorithms, or AI prompts of the Service.
  • Use the Service for any illegal purpose, including fraud, money laundering, or storing illicit content.
  • Bypass, disable, or breach any security, rate-limiting, or authentication measures.
  • Use automated scripts, bots, or scraping tools to access or extract data from the Platform.
  • Upload viruses, malware, or malicious code.

6. Intellectual Property Rights

All rights, title, and interest in and to the Platform—including its UI/UX design, mathematical algorithms, codebase, branding, AI templates, and trademarks—remain the exclusive intellectual property of FNA Solutions (Pty) Ltd. You are granted a limited, revocable, non-exclusive, non-transferable license to use the Platform for your internal business purposes. Client Data inputted by you remains your property.

7. Warranties and Service Level

  • “As Is” Basis: The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including warranties of merchantability or fitness for a particular purpose.
  • Uptime & Maintenance: We strive for a 99.9% uptime. However, we do not guarantee uninterrupted access. We reserve the right to temporarily suspend the Service for scheduled maintenance, updates, or emergency patching, ideally outside of standard South African business hours.
  • Data Backups: While we utilize enterprise cloud infrastructure to secure data, you are ultimately responsible for keeping your own records and backups of your Client Data. We are not liable for accidental data loss.

8. Limitation of Liability

To the maximum extent permitted by South African law:

  • FNA Solutions (Pty) Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption.
  • In the event of any direct claim, our total aggregate liability arising out of or relating to these Terms or your use of the Service shall be strictly capped at the total amount paid by you to Consilium 360 in the three (3) months immediately preceding the event giving rise to the claim.

9. Force Majeure

Consilium 360 shall not be held liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, load-shedding, nationwide grid collapses, telecommunications failures, internet service provider outages, cyber-attacks, or governmental actions.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute, controversy, or claim arising out of these Terms shall be resolved by arbitration in Gauteng, South Africa, in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), prior to seeking resolution in the High Court.

11. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. These Terms, along with the Privacy Policy, POPIA Statement, and FAIS Disclaimer, constitute the entire agreement between you and Consilium 360.