Terms of Service

1. Service Description

Aisend provides AI-powered business services including, but not limited to: AI workflow automation, autonomous AI agents, AI voice agents for business phone systems, AI sales intelligence and coaching (AI Sales Co-Pilot), conversational AI assistants (Zara AI), and generative engine optimisation (ORBIT GEO).

These services are delivered as Software-as-a-Service (SaaS) through our platform, accessible via web applications, APIs, and telephony integrations.

2. Acceptance of Terms

By accessing or using any Aisend service, website, or product, you agree to be bound by these Terms of Service. If you are using our services on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms.

If you do not agree to these terms, you must not use our services.

3. Account Registration

• You must provide accurate, complete, and current information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorised access to your account.

4. Acceptable Use

You agree NOT to use Aisend services to:

• Engage in any illegal, fraudulent, or harmful activity.
• Impersonate any person or entity, or misrepresent your affiliation with any party.
• Transmit malware, viruses, or any other harmful code.
• Attempt to gain unauthorised access to our systems or other users' accounts.
• Use AI-generated voice for deception, fraud, or impersonation of real individuals without consent.
• Harvest, scrape, or collect personal data of third parties without lawful basis.
• Abuse, overload, or interfere with the operation of our services.
• Violate any applicable local, national, or international law or regulation.

Violation of these terms may result in immediate suspension or termination of your account without refund.

5. AI Services — Limitation of Outputs

Important:

• AI-generated outputs — including prospect profiles, sales coaching recommendations, performance scores, call transcriptions, voice interactions, and analytical insights — are advisory in nature and not guaranteed for accuracy, completeness, or fitness for any particular purpose.
• AI outputs should not be relied upon as the sole basis for business, legal, financial, or medical decisions.
• While we strive for high accuracy, AI systems may produce errors, hallucinations, or incomplete information. Users are responsible for verifying AI-generated outputs before acting upon them.
• Voice AI interactions are powered by automated systems. Callers may be informed that they are interacting with an AI agent where required by applicable law.

6. Subscription and Billing

6.1 Subscription Plans

Services are offered on a monthly subscription basis. Pricing, features, and usage limits are defined by the selected plan tier. Current pricing is displayed on our product pages and may be updated with 30 days' notice.

6.2 Payment

• Subscription fees are billed monthly in advance in South African Rand (ZAR).
• Payment is due on the billing date. Failure to pay may result in service suspension.
• All prices are exclusive of VAT unless otherwise stated.

6.3 Refund Policy

• Subscription fees are non-refundable once the billing period has commenced.
• If you cancel mid-cycle, your access continues until the end of the current billing period.
• Pilot programme fees are non-refundable but are credited toward your first full subscription month.

6.4 Cancellation

• You may cancel your subscription at any time through your account settings or by contacting us.
• Cancellation takes effect at the end of the current billing period.
• Upon cancellation, your data will be retained for 30 days, after which it will be deleted unless otherwise required by law.

7. Data Usage and Responsibility

• You are responsible for ensuring that any data you provide to Aisend — including CRM data, contact lists, and call recordings — has been collected lawfully and that you have the necessary consents and authorisations to process it.
• Aisend processes your data solely to deliver the services you have subscribed to. We do not sell, rent, or share your data with third parties for marketing purposes.
• For details on how we handle personal information, please refer to our Privacy Policy.

8. Intellectual Property

• All Aisend software, designs, brands, content, and technology are the intellectual property of Aisend.
• You retain ownership of your data. You grant Aisend a limited licence to process your data solely for service delivery purposes.
• AI-generated outputs (profiles, insights, scores) created using your data are owned by you, subject to our licence to use anonymised, aggregated data for service improvement.

9. Service Availability

We strive for high availability but do not guarantee uninterrupted service. Planned maintenance will be communicated in advance. We are not liable for downtime caused by factors outside our control, including internet outages, third-party service failures, or force majeure events.

10. Limitation of Liability

To the maximum extent permitted by law:

• Aisend shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of our services, including but not limited to: loss of revenue, loss of business opportunities, loss of data, or reliance on AI-generated outputs.
• Our total aggregate liability for any claim arising from these terms shall not exceed the total fees paid by you to Aisend in the 12 months preceding the claim.
• Aisend is not liable for errors, inaccuracies, or omissions in AI-generated outputs, including but not limited to: incorrect transcriptions, inaccurate prospect profiles, misidentified signals, or incorrect scoring.

11. Indemnification

You agree to indemnify, defend, and hold harmless Aisend and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from: (a) your use of our services; (b) your violation of these terms; (c) your violation of any third-party rights; or (d) your unlawful use of data processed through our platform.

12. Termination

• We may suspend or terminate your access if you violate these terms.
• We may discontinue any service with 90 days' notice.
• Upon termination, your right to use the services ceases immediately.
• Provisions relating to intellectual property, liability, indemnification, and governing law survive termination.

13. Modifications to Terms

We may modify these terms at any time. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Continued use of our services after changes take effect constitutes acceptance of the modified terms.

14. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

15. Contact

For questions about these Terms of Service:

• Email: legal@aisend.co.za
• Website: aisend.co.za/contact