Terms & Conditions of Service

Welcome to Nokuthula AI.

These Terms and Conditions govern your use of our website and the purchase of our AI chat agent solutions, digital marketing strategies, and related services. By engaging with our services, you agree to be bound by these terms.

1. Services Provided

Nokuthula AI provides AI-driven business solutions and digital marketing services, including but not limited to:

  • Custom AI Chat Agent development and integration.

  • Omni-channel customer engagement optimisation.

  • Digital marketing strategy and execution.

  • Website design and automated lead generation workflows.

  • Ongoing AI maintenance and performance monitoring.

2. Client Responsibilities

To ensure the successful implementation of your AI solutions, you agree to:

  • Accuracy of Information: Provide accurate and complete business data, FAQs, and brand guidelines required to train the AI.

  • Content Ownership: Ensure that all logos, text, and media provided to Nokuthula AI are owned by you or used with legal permission.

  • Testing & Feedback: Participate in the testing phase of the AI agent to ensure the conversation flows meet your business requirements.

3. Payment Terms

  • Quotes and Fees: Service fees are disclosed via a formal quote or selected via our website pricing plans.

  • Subscriptions: AI maintenance and hosting plans are billed monthly or annually in advance.

  • Late Payments: Nokuthula AI reserves the right to suspend AI agent functionality or digital services if accounts remain unpaid for more than 7 days past the due date.

4. Service Limits & Performance

  • AI Accuracy: While we use advanced LLM (Large Language Model) technology, Nokuthula AI does not guarantee that the AI will be 100% error-free or provide perfect responses at all times. The AI is a tool to assist, and human oversight is recommended for complex queries.

  • Third-Party Platforms: Our services may rely on third-party platforms (e.g., OpenAI, WhatsApp API, WordPress). We are not liable for service interruptions caused by these third-party providers.

  • Uptime: We strive for 99.9% uptime for our AI widgets but cannot guarantee uninterrupted service due to the nature of internet infrastructure.

5. Intellectual Property

  • Client Ownership: Upon full payment, the client owns the specific configurations and custom content created for their AI agent.

  • Nokuthula AI Property: We retain ownership of our proprietary code, underlying AI frameworks, and “know-how” used to build the solution.

  • Developer Credit: We reserve the right to include a small “Powered by Nokuthula AI” link in the chat widget and feature the project in our portfolio, unless a Non-Disclosure Agreement (NDA) is in place.

6. Data Privacy & Security (POPIA)

  • We are committed to protecting your data and your customers’ data in accordance with the Protection of Personal Information Act (POPIA) of South Africa.

  • The AI agent will only collect data necessary for the functions defined in your service agreement.

  • You are responsible for ensuring your website has an updated Privacy Policy that informs users about the use of AI chat agents.

7. Termination of Service

  • Either party may terminate a service agreement with 30 days’ written notice.

  • Upon termination and settlement of all outstanding invoices, Nokuthula AI will provide a handover of relevant data or access credentials as per the agreed plan.

8. Governing Law

These terms are governed by the laws of the Republic of South Africa. Any disputes will be subject to the jurisdiction of the courts in South Africa.