Terms of Service

1. The Agreement

These Terms constitute a legally binding agreement between you (“Customer”, “you”) and Novafy AI. “You” refers to the individual or legal entity that has created an account. By signing up for or using the Novafy AI platform, you confirm that:

• You are at least 18 years of age (or the age of legal majority in your jurisdiction).
• If registering on behalf of an organisation, you have the authority to bind that organisation.
• You have read, understood, and agree to these Terms and our Privacy Policy.

2. Service Description

Novafy AI is a software-as-a-service (SaaS) platform that enables businesses to deploy AI-powered customer support chatbots on their websites. The Service includes:

• A cloud-based dashboard for managing chatbots, knowledge bases, and conversations
• An embeddable chat widget for deployment on third-party websites
• AI-powered conversation capabilities using large language models and retrieval-augmented generation (RAG)
• Human-agent handoff tools for escalating conversations
• Analytics and reporting on conversation performance
• Optional integrations including voice AI (Vapi) and WhatsApp

We reserve the right to modify, add, or remove features at any time. We will provide reasonable notice of material changes to existing functionality.

3. Accounts & Organisations

You must create an account using Clerk authentication to access the platform. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorised access at thandoxsndlovu@gmail.com

Each account operates within a single organisation. Multiple team members may be invited to access the same organisation's dashboard. You may not share login credentials or allow multiple people to use the same account login simultaneously.

4. Subscription & Billing

4.1 Plans

Novafy AI offers the following monthly subscription plans:

4.2 Billing

• All plans are billed monthly in advance via PayPal.
• Your subscription automatically renews each month unless cancelled.
• Prices are displayed and charged in USD.
• Applicable taxes may be added in accordance with your jurisdiction.
• We do not store your payment card information — all payment processing is handled by PayPal.

4.3 Conversation Limits

Each plan includes a monthly conversation limit. A “conversation” is defined as a single continuous chat session initiated by an end-user. When your monthly limit is reached, new conversations cannot be started until the following billing period or until you upgrade your plan. Existing conversations are not interrupted.

4.4 Failed Payments

If a payment fails, your access to the Service may be suspended until payment is recovered. We will notify you by email when a payment fails. You will have a grace period of 7 days to resolve payment issues before account suspension.

5. Cancellation & Refunds

5.1 Cancellation

You may cancel your subscription at any time by managing your subscription through the Billing section of your dashboard or by contacting us at thandoxsndlovu@gmail.com.

• Cancellation takes effect at the end of the current billing period.
• You retain full access to the Service until your billing period ends.
• After cancellation, your data is retained for 90 days before deletion, during which you may request an export.

5.2 Refunds

Subscription fees are generally non-refundable. However, we will issue refunds in the following circumstances:

• You cancel within 7 days of your first payment and have not exceeded 100 conversations.
• The Service experienced significant downtime (>24 consecutive hours) during your paid period — you may request a pro-rated refund for the downtime period.
• We are legally required to issue a refund under applicable consumer protection law.

To request a refund, contact thandoxsndlovu@gmail.com within 30 days of the charge.

6. Acceptable Use

6.1 Permitted Use

You may use Novafy AI to:

• Deploy chatbots on websites you own or have authorisation to manage.
• Provide automated customer support to your users.
• Capture leads and qualify prospects through conversational AI.
• Upload your own business documents, FAQs, and product information as a knowledge base.

6.2 Prohibited Use

You must not use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Collect, process, or transmit sensitive personal data including financial account numbers, government ID numbers, health information (without appropriate safeguards), or biometric data.
• Deploy chatbots that impersonate humans without disclosing that the conversation is AI-assisted.
• Generate, distribute, or promote content that is unlawful, harmful, defamatory, obscene, or discriminatory.
• Circumvent conversation limits, resell or sublicense the Service without permission, or attempt to access other customers' data.
• Upload copyrighted content to your knowledge base without the right to do so.
• Use the Service for spam, phishing, or any deceptive communication.
• Reverse engineer, decompile, or attempt to extract source code from the platform.
• Overload, disrupt, or compromise the infrastructure of the Service.

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

7. Intellectual Property

7.1 Novafy AI Property

The Novafy AI platform, including its software, design, branding, and documentation, is owned by Novafy AI and protected by intellectual property laws. These Terms do not grant you any ownership rights in the platform. You receive a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose during your active subscription.

7.2 Your Content

You retain full ownership of all content you upload to Novafy AI, including your knowledge base documents, customisation settings, and conversation data. You grant Novafy AI a limited licence to store and process this content solely for the purpose of providing the Service to you.

You represent and warrant that you have the right to upload all content you provide and that doing so does not infringe any third-party rights.

8. Data & Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

As a business deploying Novafy AI chatbots on your website, you are responsible for:

• Informing your website visitors that a chatbot is present and may collect their data.
• Providing your own privacy policy to your end-users covering the data collected via the chatbot.
• Obtaining any necessary consents from your end-users as required by applicable law.
• Ensuring you do not instruct us to process data in a way that violates applicable law.

9. Service Availability

We aim to provide a highly available service but do not guarantee 100% uptime. Scheduled maintenance will be communicated in advance where possible. We are not liable for downtime caused by third-party infrastructure (including Convex, Clerk, Groq, or PayPal), force majeure events, or factors outside our reasonable control.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Novafy AI provides the Service “as is” and “as available” without warranties of any kind, express or implied.
• We do not warrant that AI-generated responses will be accurate, complete, or suitable for any particular purpose. You are responsible for reviewing and supervising AI-generated content before acting on it.
• Our total liability to you for any claim arising from use of the Service is limited to the total fees paid by you in the 3 months preceding the claim.
• We are not liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Nothing in these Terms limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or fraud.

11. Termination

Either party may terminate this agreement:

• You: By cancelling your subscription as described in Section 5.
• Us: Immediately and without notice if you violate these Terms, particularly the Acceptable Use provisions in Section 6.
• Us: With 30 days' written notice for any other reason.

Upon termination, your access to the Service will end. We will retain your data for 90 days during which you may request export. After 90 days, data will be permanently deleted.

12. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa. For customers located in the European Union, mandatory consumer protection provisions of your local law will continue to apply.

13. Changes to Terms

We may update these Terms from time to time. For material changes, we will notify active subscribers by email at least 14 days before the changes take effect. If you do not agree to the updated Terms, you may cancel your subscription before the effective date. Continued use of the Service after that date constitutes acceptance of the new Terms.

14. Contact

For questions about these Terms, billing disputes, or account issues:

• Email: thandoxsndlovu@gmail.com
• Website: novafy.co.za/contact
• Response time: Within 3 business days