Terms of Service

Lofft / we / us / our means Lofft (Pty) Ltd and its officers, employees, and agents.

Platform means the Lofft website at lofft.co.za, any associated mobile applications, and all related services.

User / you means any person who accesses or uses the Platform, whether as a Client or a Pilot.

Client means a User who posts a job brief or engages a Pilot for drone services.

Pilot means a User who offers drone services through the Platform.

Job means a specific drone services engagement agreed between a Client and a Pilot via the Platform.

Booking means a confirmed Job where payment has been received and held by Lofft.

Service Fee means the 20% fee charged to Clients on the total job value of each Booking, covering payment protection, CAA verification, and platform operations.

Payment Holding means the holding of Client funds by Lofft until release conditions are met (Client approval or auto-release period expiry).

CAA means the Civil Aviation Authority of South Africa.

RPC means Remote Pilot Certificate issued by the CAA under Civil Aviation Regulations Part 101.

ROC means RPAS Operator Certificate, issued by the CAA to an operator authorised to conduct RPAS operations for hire or reward under Civil Aviation Regulations Part 101.

ASL means Air Services Licence, issued by the Air Service Licensing Council under the Air Services Licensing Act, 1990, required for commercial RPAS operations under Civil Aviation Regulations 101.04.1(1)(b).

PLI means Public Liability Insurance explicitly covering commercial RPAS (drone) operations, with a minimum indemnity of R1 000 000 per occurrence.

Lofft Careers means the permanent-placement feature of the Platform, through which a Client may subscribe to browse and message Pilots who have opted in to seeking permanent employment.

Employer means a Client who subscribes to Lofft Careers.

Placement Fee means the fee described in Section 3.7, payable to Lofft on the hire of a Pilot introduced through Lofft Careers.

Lofft is a marketplace that connects Clients who require drone services with Pilots who provide those services. Lofft is not a party to the underlying service agreement between a Client and a Pilot and does not employ Pilots.

Lofft does not guarantee the quality, safety, legality, or timely completion of any Job. However, Lofft takes verification seriously: we require proof of a valid CAA RPC and public liability insurance from every Pilot before their profile is made publicly visible.

Lofft Careers is a separate, opt-in feature through which Employers are introduced to Pilots seeking permanent placement. Lofft's role in Lofft Careers is limited to that introduction. Lofft is not a temporary employment service as defined in the Labour Relations Act 66 of 1995, does not become the employer of any Pilot placed through Lofft Careers, and is not a party to, and bears no responsibility for, any resulting contract of employment between an Employer and a Pilot.

All Users must be 18 years or older and legally capable of entering into binding contracts under South African law.

Lofft reserves the right to modify, suspend, or discontinue the Platform or any feature at any time with reasonable notice where practicable.

3.1 Job Postings. When posting a job, Clients must provide accurate, complete, and lawful information about the scope, location, date, and requirements of the work. Misleading or fraudulent postings will result in immediate account suspension.

3.2 No Obligation to Hire. Posting a job does not obligate a Client to hire any Pilot. A Booking is only confirmed once payment is received by Lofft.

3.3 Legal Compliance. Clients are responsible for ensuring that the requested drone activity is lawful at the specified location. This includes obtaining any necessary property access permissions, airspace authorisations, or third-party consents before the job commences. Lofft bears no liability for a Client's failure to obtain required permissions.

3.4 Site Access & Safety. Clients must provide Pilots with safe access to the job site. Clients must disclose any known hazards, restricted areas, or operational risks prior to the job.

3.5 Approval & Release. Upon satisfactory completion of a Job, Clients must approve the deliverables within the timeframe specified in the job terms (default: 5 business days). If no approval or dispute is raised within this period, the job will be automatically marked as complete and payment released to the Pilot.

3.6 Service Fee. Clients acknowledge and agree to pay a 20% service fee on the total agreed job value at the time of Booking. This fee is non-refundable except as expressly stated in Section 6.

3.7 Lofft Careers & Placement Fees. Where a Client subscribes to Lofft Careers, the following additional terms apply to that Client as an Employer. Employers pay a monthly subscription fee, disclosed at the time of signup, for access to the permanent-placement Pilot pool. In addition, a Placement Fee, calculated as a percentage of the hired Pilot's first-year annual salary and confirmed at the time of subscription, becomes payable to Lofft on any hire, engagement, or contracting of a Pilot introduced through Lofft Careers, whether that hire takes place on the Platform or off it, within 12 months of the Employer's first contact with that Pilot via the Platform. Employers must report any such hire to Lofft within 14 days of the hire taking effect. Failure to report a hire that Lofft becomes aware of through other means, including a Pilot's own disclosure, is a material breach of these Terms and platform circumvention under Section 8. Lofft may pursue any unpaid Placement Fee as a debt owed, in addition to any other remedy available under these Terms.

4.1 Eligibility. To offer services on Lofft, Pilots must (a) hold a valid CAA Remote Pilot Certificate (RPC) for commercial drone operations; and (b) carry PLI of not less than R1 000 000 per occurrence. Additionally, commercial drone operations for hire or reward in South Africa require coverage under a valid ROC and a valid ASL. Pilots who do not hold their own ROC or ASL must ensure that each engagement is conducted under credentials held by an appropriate party (such as an operating company or the client). Lofft may request updated proof of credentials at any time and may suspend any Pilot profile that cannot demonstrate current compliance.

4.2 Accurate Profiles. Pilots must ensure their profile information (including qualifications, equipment, location, and rates) is accurate and kept up to date. Misrepresentation of credentials is grounds for permanent removal from the Platform and may expose the Pilot to legal liability.

4.3 Independent Contractors. Pilots are independent contractors, not employees, agents, or partners of Lofft. Pilots are solely responsible for their own tax obligations, including income tax and VAT where applicable, under South African law.

4.4 CAA Compliance. Pilots must conduct all drone operations in strict compliance with the South African Civil Aviation Regulations Part 101 and any applicable NOTAM, airspace restrictions, or CAA guidance in effect at the time of the job. This includes mandatory pre-flight safety checks, maintaining required visual line of sight, and not flying in prohibited or restricted areas without the appropriate authorisation. Where an ROC or ASL is required for a specific operation, the Pilot is solely responsible for ensuring that valid coverage under both is in place before commencing work. Lofft assumes no liability for regulatory non-compliance by a Pilot.

4.5 Insurance. Holding valid PLI is a non-negotiable condition of listing and operating on Lofft. Pilots must:

• Maintain PLI with a minimum indemnity of R1 000 000 per occurrence at all times while their profile is active on the Platform.
• Ensure the policy explicitly covers commercial RPAS (drone) operations. General liability policies that exclude aviation or drone activities do not satisfy this requirement.
• Notify Lofft immediately (and in any event within 48 hours) if their PLI lapses, is cancelled, or is materially reduced below the required minimum. Lofft will suspend the Pilot's profile pending renewal of compliant cover.
• Provide updated proof of PLI upon Lofft's request within 5 business days.

Lofft does not provide, extend, or supplement any insurance coverage for Pilots or their equipment. A Pilot who conducts drone operations without valid PLI is in material breach of these Terms and may be permanently removed from the Platform. Lofft recommends that Pilots carrying out high-value or high-risk commercial work maintain PLI of R2 000 000 or more per occurrence.

4.6 Deliverables. Pilots must deliver agreed outputs (footage, images, data, reports, etc.) to the agreed specification and within the agreed timeframe. Late delivery without reasonable notice is a breach of these Terms and may result in partial or full payment forfeiture.

4.7 Featured Pilot Status. Lofft may grant Featured Pilot status to eligible Pilots at its discretion, including via paid upgrade options where available. Featured status increases a Pilot's visibility in search results and browse listings. Lofft reserves the right to revoke Featured status at any time if a Pilot no longer meets eligibility criteria or breaches these Terms.

4.8 Lofft Careers & Permanent Placement. A Pilot who opts in to Lofft Careers is indicating they are open to permanent employment with an Employer. Such Pilots are not required to hold their own ROC or ASL, provided the hiring Employer holds and maintains valid credentials covering the Pilot's operations once employed; Lofft instead requires a logbook summary and a signed incident/safety declaration for this pool. Once a Pilot enters into a contract of employment with an Employer introduced through Lofft Careers, that relationship is governed directly between the Pilot and the Employer by the Basic Conditions of Employment Act 75 of 1997, the Labour Relations Act 66 of 1995, and any other applicable South African labour law. Lofft is not a party to that employment relationship and has no obligations or liability under it.

5.1 Payment Processing. Client payments on the Platform are made via EFT (electronic funds transfer) to Lofft's registered FNB business account. Pilot payouts are processed by Lofft via EFT. Featured Pilot subscriptions are processed by Paystack (Pty) Ltd, a licensed payment service provider. By using the Platform, you authorise Lofft to collect and disburse funds in accordance with these Terms.

5.2 Payment Holding. When a Booking is confirmed, Lofft issues the Client an invoice for the full amount (job value + 20% service fee). The Client must pay via EFT within 48 hours using the reference provided. The Pilot's share (job value) is released only after the Client approves the deliverables or after the automatic 5-day release period expires.

5.3 Payout Timing. Pilot payouts are transferred within 2–5 business days of payment release. Actual bank settlement times depend on the Pilot's bank. Lofft is not responsible for banking delays.

5.4 Currency. All transactions on the Platform are denominated in South African Rand (ZAR). International Clients are responsible for any foreign exchange conversion costs.

5.5 Taxes. Clients are responsible for any taxes levied on them in connection with their use of the Platform. Pilots are responsible for declaring and paying all taxes on income received through the Platform. Lofft may issue tax documentation as required by law.

5.6 VAT. Lofft (Pty) Ltd is not registered for value-added tax (VAT) purposes under the Value-Added Tax Act 89 of 1991. No VAT is levied on Lofft's service fees, and no VAT invoice will be issued by Lofft. Pilots and Clients who are registered VAT vendors must account for their own VAT obligations independently.

6.1 Client Cancellations. A Client may cancel a confirmed Booking subject to the following schedule:

The exact late-cancellation split is determined by Lofft at the time of cancellation based on the circumstances. The 20% service fee is non-refundable in all cancellation scenarios.

6.2 Pilot Cancellations. If a Pilot cancels a confirmed Booking, the Client will receive a full refund of the job value and service fee. Repeated Pilot cancellations (3 or more within a 12-month period) will result in account review and may lead to suspension. Lofft may, at its discretion, offer priority re-booking assistance to affected Clients.

6.3 Weather & Force Majeure. If a Job cannot proceed due to weather conditions that render the flight unsafe or unlawful (e.g., sustained winds exceeding the drone's rated limits, or a NOTAM restricting the airspace), the Client and Pilot are encouraged to reschedule at no cost to either party. If rescheduling is not possible within 30 days, the Client may request a full refund of the job value. Documentation of the weather or airspace restriction is required. Lofft's determination of what constitutes a qualifying weather event is final.

6.4 Disputes on Deliverables. If a Client is not satisfied with the deliverables, they must raise a formal dispute through the Platform within the 5-day approval window. The dispute resolution process is as follows:

• Step 1: Direct resolution. The Client must first contact the Pilot via the Platform's messaging system to describe the issue and give the Pilot a reasonable opportunity to remedy it (for example, by redelivering corrected footage or completing missing scope). Both parties are expected to engage in good faith.
• Step 2: Formal dispute. If direct resolution fails or the Pilot does not respond within 48 hours, the Client may escalate the matter by raising a formal dispute through the Platform. The Client must specify the category (quality, incomplete delivery, no-show, late delivery, or other) and provide a written description of how the deliverables differ from the original job brief.
• Step 3: Pilot response. The Pilot will be notified and given 3 business days to submit a response with supporting evidence (e.g., delivered files, communications, weather logs, or other documentation).
• Step 4: Lofft review. Lofft will review both parties' submissions against the original job brief and issue a decision within 10 business days. Lofft assesses only whether the deliverables reasonably match the scope, specifications, and requirements described in the job brief. Lofft does not make subjective judgments on artistic quality, creative direction, or stylistic preferences that were not specified in the brief.

6.4.1 Possible outcomes. Depending on the circumstances, Lofft may determine one of the following:

• No refund: The deliverables reasonably match the job brief. Payment is released to the Pilot.
• Partial refund: The deliverables partially meet the brief but are incomplete or have identifiable shortcomings against the stated requirements. Lofft determines a fair split.
• Full refund of job value: The deliverables materially fail to meet the job brief, or the Pilot did not deliver at all. The 20% service fee remains non-refundable.

6.4.2 Lofft's role and limitations. Lofft acts solely as a neutral intermediary in disputes. Lofft is not a party to the service agreement between Client and Pilot, does not employ or direct Pilots, and does not supervise on-site operations. Lofft's review is limited to comparing deliverables against the written job brief. Where a job brief is vague or lacks specific requirements, any ambiguity is resolved in favour of the Pilot provided the work was completed in a professional manner. Clients are strongly encouraged to provide detailed, specific job briefs to protect their interests. Lofft's decision is final for the purposes of the Platform's payment release process. This does not limit or waive any statutory rights you may have under the Consumer Protection Act 68 of 2008, including the right to approach the National Consumer Commission or a provincial consumer court.

6.5 Cooling-Off Period (ECT Act). In terms of Section 44 of the Electronic Communications and Transactions Act 25 of 2002, a consumer who has entered into an electronic transaction may cancel it without reason or penalty within 7 days after the date of the transaction, provided that the services have not already commenced with the consumer's express consent. If a Client cancels within this 7-day period before the Pilot has commenced work, they will receive a full refund including the service fee. This right is in addition to the cancellation rights set out above.

6.6 Consumer Protection Act. Nothing in these Terms limits or waives any rights a Client or Pilot may have under the Consumer Protection Act 68 of 2008 or any other applicable South African legislation.

7.1 Lofft's Role. Lofft is a technology platform and marketplace intermediary. Lofft does not physically operate drones, direct Pilots on how to conduct flights, or supervise on-site operations. Lofft is not liable for any physical damage, personal injury, data loss, or any other harm arising from a Job.

7.2 Pilot Liability. Pilots are fully responsible for the safe and lawful operation of their drone equipment. A Pilot is solely liable for any property damage, bodily injury, death, data loss, or third-party claims arising from their operations, whether or not those operations were arranged through the Platform. The minimum R1 000 000 PLI required under Section 4.5 is the absolute floor. Lofft is not liable for any shortfall between a Pilot's insurance cover and the actual value of any claim. Lofft makes no representation that the minimum insurance requirement is sufficient for all types of commercial drone work. Pilots working in high-risk environments (urban areas, populated events, industrial sites, near critical infrastructure) are strongly advised to carry PLI of at least R2 000 000 per occurrence. Lofft is indemnified by the Pilot for any costs, claims, or losses Lofft incurs as a result of a Pilot's uninsured or under-insured operations.

7.3 Client Liability. Clients are liable for any harm caused by inaccurate job briefs, failure to obtain required permissions, or unsafe site conditions they create or fail to disclose.

7.4 Limitation of Lofft's Liability. To the maximum extent permitted by South African law, Lofft's total aggregate liability to any User for any claim arising out of or relating to these Terms or use of the Platform shall not exceed the greater of (a) the service fees paid by that User to Lofft in the 12 months preceding the claim, or (b) R5 000. Lofft is not liable for any indirect, incidental, consequential, or punitive damages.

7.5 No Warranty. The Platform is provided "as is" without any warranty of fitness for a particular purpose, uninterrupted availability, or absence of errors.

7.6 Lofft Careers. Lofft's role in Lofft Careers is limited to introducing Employers and Pilots and verifying the information described in Section 4.8. Lofft does not vet, guarantee, or take responsibility for an Employer's continued CAA compliance, workplace conditions, or compliance with South African labour law once a Pilot is hired. Lofft is not liable for any dispute, loss, or harm arising from an employment relationship formed through Lofft Careers, whether or not the hire is reported to Lofft as required by Section 3.7.

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Circumvent the Platform by arranging payment or repeat engagements with a User you met through Lofft outside of the Platform for 12 months after first contact on the Platform (platform circumvention).
• Post false, misleading, or fraudulent information.
• Harass, threaten, or abuse other Users.
• Attempt to gain unauthorised access to the Platform or other Users' accounts.
• Engage in price fixing, collusion, or anti-competitive conduct with other Pilots.
• Use the Platform to solicit Users to other platforms or services.
• Upload content that infringes any third party's intellectual property rights.

Platform circumvention (arranging off-platform payments for engagements that originated on Lofft) deprives Lofft of its service fee and is a material breach. Lofft reserves the right to pursue civil damages for proven circumvention.

9.1 Platform IP. The Lofft brand, logo, software, and all platform content (excluding user-submitted content) are the intellectual property of Lofft (Pty) Ltd. You may not copy, modify, or distribute them without written consent.

9.2 Job Deliverables. Unless otherwise agreed in writing between the Client and Pilot, the Client owns all intellectual property rights in the final deliverables produced under a Job upon full payment being released to the Pilot. The Pilot retains no ongoing rights to use Client-specific deliverables for commercial purposes without the Client's consent.

9.3 Pilot Portfolio. Pilots may display job deliverables in their Lofft portfolio for promotional purposes unless the Client has expressly restricted this in the job brief. Clients who require confidentiality of footage or imagery must specify this before the Booking is confirmed.

9.4 User Content. By submitting reviews, profile content, or other material to the Platform, you grant Lofft a non-exclusive, royalty-free, perpetual licence to display and use that content in connection with operating and promoting the Platform.

10.1 Marketplace Role. Lofft is a marketplace that facilitates connections between Clients and Pilots. Lofft is not a party to the service agreement between Client and Pilot. The contractual relationship for the drone work itself exists directly between the Client and Pilot. Lofft's role is limited to: (a) verifying Pilot credentials before they go live on the Platform; (b) collecting and holding Client payments until release conditions are met; and (c) providing a dispute resolution mechanism as described in these Terms. Lofft does not employ Pilots, direct how they perform their work, or guarantee any specific outcome.

10.2 Good Faith. Users are expected to resolve disputes directly and in good faith in the first instance. Lofft encourages direct communication via the Platform's messaging system before escalating to a formal dispute.

10.3 Lofft Resolution Centre. Where Users cannot resolve a dispute directly, either party may escalate it through the Platform's formal dispute process (see Section 6.4). Lofft will review the job brief, deliverables, communications, and evidence submitted by both parties and issue a binding decision within 10 business days.

10.4 Scope of Review. Lofft's review is strictly limited to whether the deliverables match the written job brief. Lofft does not assess subjective quality, artistic merit, or creative preferences unless these were explicitly specified in the brief. Both parties are bound by what was agreed in the job posting. This approach ensures fairness: Clients are protected when work objectively fails to meet the brief, and Pilots are protected from unreasonable or retrospective expectations that were never part of the original agreement.

10.5 Repeat Disputes. Users who repeatedly raise disputes that are found to be without merit may have their account flagged for review. Similarly, Pilots who receive multiple upheld disputes may face suspension or removal from the Platform.

10.6 Governing Law. These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute that cannot be resolved through Lofft's resolution process shall be subject to the jurisdiction of the South African courts, specifically the courts of the Western Cape High Court, Cape Town.

10.7 Consumer Commission. Nothing in these Terms prevents a User from approaching the National Consumer Commission, a provincial consumer court, or an industry ombud for relief under the Consumer Protection Act 68 of 2008.

10.8 Informal Resolution. Before initiating any formal legal proceedings, Users agree to contact Lofft at support@lofft.co.za and give Lofft a reasonable opportunity (not less than 30 days) to resolve the matter informally. Nothing in this clause limits any statutory rights under the Consumer Protection Act 68 of 2008.

Lofft may suspend or terminate your account at any time if you breach these Terms, engage in fraudulent activity, or if Lofft determines that your continued use poses a risk to other Users or the Platform.

You may close your account at any time by contacting Lofft at support@lofft.co.za. Outstanding payment obligations survive account closure. If you are a Pilot with pending payouts, these will be processed to your registered bank account within 14 business days of closure.

Upon termination, Lofft may retain certain data as required by applicable law or legitimate business interests, in accordance with the Privacy Policy.

12.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Lofft with respect to the Platform and supersede all prior agreements.

12.2 Severability. If any provision is found unenforceable, the remaining provisions continue in full force.

12.3 Waiver. Failure to enforce any right under these Terms does not constitute a waiver of that right.

12.4 Changes. Lofft may update these Terms from time to time. We will notify registered Users by email and post the updated Terms on the Platform. Continued use after the effective date constitutes acceptance of the updated Terms.

12.5 Domicilium. Lofft chooses the following address as its domicilium citandi et executandi for the service of all legal notices and documents:

Lofft (Pty) Ltd
The Avenues, Devine Street
Paarl, 7646
Western Cape, South Africa

12.6 Contact. General and legal enquiries may be sent to support@lofft.co.za.

12.7 Not a Credit Provider. Lofft is not a credit provider as defined in the National Credit Act 34 of 2005. Lofft's payment holding mechanism is not a credit arrangement; Client funds are held on behalf of the Client until release conditions are met and are not loaned, advanced, or deferred as credit.