Terms of Use

1) Introduction

This website, www.adaptiveintelligence.co.za (the “Website”), and our related software, platforms, and APIs (collectively, the “Solution”) are owned and operated by Adaptive Intelligence Technologies (PTY) Ltd (Registration No. 2017/524137/07), of Design Quarter, 128 Leslie Ave, Fourways, 2191 (“AI”, “we”, “us”, “our”).

These Terms of Use (the “Terms”), together with our Privacy Policy, govern your access to and use of the Website and the Solution, and your interactions with any services we make available from time to time (the “Services”). By accessing or using the Website, the Solution, or the Services, you agree to be bound by these Terms and our Privacy Policy.

Certain Services (for example, client-specific deployments, data processing, integrations, or paid subscriptions) may be subject to additional terms (e.g., Master Services Agreement, Order Form, Data Processing Addendum, Statements of Work). If there is a conflict, those signed or specific terms prevail for the relevant Service.

2) Eligibility & Accounts

2.1 Eligibility. You must be at least 18 years old and have the legal capacity to enter into these Terms. You are responsible for ensuring that your use complies with all laws applicable to you.

2.2 Account registration. To use parts of the Solution/Services you may need an account. You must provide accurate, current, and complete information, keep your credentials secure, and promptly update changes. You are responsible for all activity under your account.

2.3 Verification & onboarding. We may require identity, role, and/or business verification and other onboarding information (for example, for security, compliance, or contractual purposes). If you do not provide requested information, we may suspend or limit access.

2.4 Our discretion. We may refuse, suspend, or terminate an account or specific functionality at our reasonable discretion, including for breach of these Terms, risk, or security reasons.

3) Multi-Tenant Client Instances (No Data Sharing Between Clients)

For customers using our SaaS platform, each customer is provisioned a logically (and where applicable, physically) segregated client instance. We do not share data between client instances. Access is enforced through least-privilege and role-based controls. Any support access is time-bound, logged, and auditable. Additional safeguards and responsibilities are set out in the applicable Master Services Agreement and Data Processing Addendum.

4) Permitted Use & Acceptable Use

4.1 Licence. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Website, the Solution, and the content we make available to you, solely for your internal, lawful business purposes.

4.2 Prohibited conduct. You must not (and must not allow others to):

  • copy, modify, adapt, translate, create derivative works of, reverse engineer, decompile, or disassemble any part of the Solution except to the extent permitted by law;

  • access or attempt to access data not expressly authorised for you; circumvent security or authentication; penetration test without our prior written consent;

  • upload or transmit malware, malicious code, or anything that interferes with, damages, or disrupts the Website/Solution;

  • use the Solution to infringe intellectual-property, privacy, or other rights; to store or transmit unlawful content; or in breach of applicable law;

  • perform bulk extraction/scraping, or frame or mirror parts of the Website/Solution without written consent; or

  • misrepresent your identity or affiliation, or interfere with other users’ access.

We may suspend or disable access where we reasonably believe there is a breach, security risk, or harm to the Services, us, or others.

5) Your Content & Customer Data

5.1 Your content. Content, data, files, prompts, or materials you (or your organisation) submit to the Solution (“Customer Data”) remain yours or your organisation’s. You grant AI a non-exclusive licence to host, process, transmit, and display Customer Data solely to provide and support the Services and to meet legal obligations.

5.2 Responsibility. You are responsible for the accuracy, quality, and legality of Customer Data and for obtaining all necessary permissions to submit it. You must not upload content that is illegal or infringes third-party rights.

5.3 De-identified insights. We may generate de-identified/aggregated statistics from usage for service improvement, security, and analytics. We will not re-identify such data.

5.4 Back-ups. We operate reasonable back-up and business-continuity processes, but you are responsible for retaining copies of your critical data unless otherwise agreed in an order/SOW.

6) Third-Party Services & Integrations

The Solution may interoperate with third-party products (e.g., identity verification, communications, analytics, CRM, payment gateways). Your use of third-party products is subject to their terms and privacy policies. We are not responsible for third-party products and do not warrant their performance or availability. Where we act as your operator/processor in relation to these integrations, this will be governed by our DPA with you.

7) Intellectual Property

7.1 Our IP. The Website, the Solution, software, models, datasets (excluding Customer Data), documentation, UI/UX, logos, trademarks, and all related intellectual-property rights are owned by AI or our licensors. No rights are granted except as expressly stated in these Terms or an applicable contract.

7.2 Feedback. If you provide ideas, feedback, or suggestions, you grant AI a worldwide, perpetual, irrevocable, royalty-free licence to use them for any lawful purpose without restriction or attribution.

7.3 Branding. You may not use our name or logos without our prior written consent.

8) Confidentiality

If you receive non-public information from us (including system diagrams, security documentation, pricing, roadmaps) you must keep it confidential and use it only as permitted under these Terms or your contract. This clause does not apply to information that is public, independently developed, or obtained lawfully from a third party without confidentiality obligations.

9) Privacy & Data Protection

Our processing of personal information is described in our Privacy Policy. Where we process personal information as an operator/processor on your behalf (e.g., within your client instance), the terms of our Data Processing Addendum apply and will govern roles, security, sub-processing, and cross-border safeguards.

10) Service Changes, Availability & Support

We may enhance or modify the Website/Solution from time to time (for example, to improve security, performance, or functionality). We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be scheduled to minimise impact where practicable. Support and service levels (if any) are as set out in your order/SOW or support plan.

11) Fees & Payment (if applicable)

Fees (if any) for paid Services will be specified in an order/SOW or on the Website. Unless stated otherwise, fees are exclusive of taxes. You must pay all amounts due, without set-off or deduction, by the due date. We may suspend Services for non-payment after reasonable notice. Interest may accrue on overdue amounts at the prevailing prime overdraft rate of a major SA bank, compounded monthly in arrears.

12) Disclaimers

  • The Website, Solution, and Services are provided on an “as is” and “as available” basis.

  • To the fullest extent permitted by law, we do not make warranties (express or implied) about merchantability, fitness for purpose, accuracy, non-infringement, or that the Services will be uninterrupted, secure, or error-free.

  • You are responsible for how you use outputs, insights, or recommendations produced by the Solution (including any AI features) and for validating results appropriate to your use case.

13) Liability

13.1 Limitation. To the maximum extent permitted by South African law, AI will not be liable for any indirect, consequential, special, punitive, or exemplary losses, or for loss of profits, revenue, goodwill, or data, arising out of or in connection with the Website, Solution, or Services.

13.2 Cap. To the extent we are liable, our aggregate liability for all claims arising in any 12-month period is limited to the fees you paid to AI for the affected Service in that period (or ZAR 10,000 if no fees were paid).

13.3 Exclusions. Nothing in these Terms limits liability for fraud or wilful misconduct, or any liability that cannot lawfully be limited.

14) Indemnity

You indemnify AI, our directors, employees, and agents against claims, losses, damages, costs, and expenses arising from: (a) your breach of these Terms or applicable law; (b) Customer Data (including alleged IP infringement or unlawful content); or (c) your misuse of the Website/Solution/Services.

15) Electronic Communications & Notices

You consent to receive notices and communications electronically (including by email to the address associated with your account, via in-product notifications, or via links to documents hosted online). Electronic communications are deemed received when sent (or, for in-product messages, when made available). Keep your contact details current.

16) Termination & Suspension

You may stop using the Website/Solution at any time. We may suspend or terminate access where: (a) you breach these Terms or applicable law; (b) non-payment (where applicable); (c) security or technical risk; or (d) we discontinue the Website/Solution (in whole or part). Upon termination, your licence ends and you must cease use. Contractual terms in your MSA/SOW (including data export/return) take precedence.

17) Changes to These Terms

We may update these Terms from time to time. The “Last updated” date will reflect the latest version. Material changes will be notified via the Website or the Solution. If you continue to use the Website/Solution after changes take effect, you accept the updated Terms.

18) Third-Party Links

The Website may contain links to third-party sites. We are not responsible for their content, availability, or practices. Use them at your own risk and review their terms and privacy policies.

19) Force Majeure

We are not responsible for any delay or failure caused by events beyond our reasonable control, including acts of God, power or internet failures, cyberattacks, war, strikes, government action, or failures of third-party services.

20) General

  • Governing law & jurisdiction. These Terms are governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of South African courts.

  • Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary; the remainder stays in effect.

  • No waiver. A failure to enforce any right is not a waiver of that right.

  • Assignment. You may not assign or transfer rights or obligations without our prior written consent. We may assign to an affiliate or in connection with a reorganisation, merger, or sale.

  • Entire agreement. These Terms (and any applicable MSA/Order/DPA) are the entire agreement between you and us regarding the Website/Solution/Services.

  • Interpretation. Headings are for convenience only and do not affect interpretation.

21) Contact

Adaptive Intelligence Technologies (PTY) Ltd
Design Quarter, 128 Leslie Ave, Fourways, 2191
Website: www.adaptiveintelligence.co.za
Email: legal@adaptiveintelligence.co.za