Terms of Service

1. Acceptance of Terms

By accessing or using any Indaba product or service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service. We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any modifications.

2. Account Terms

To use the Service, you must create an account and provide accurate, complete registration information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised use of your account
• Ensuring your account information is accurate and up to date

You must be at least 18 years old to create an account. Accounts registered by automated methods are not permitted. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Subscriptions & Billing

Indaba offers subscription-based access to its products. By subscribing, you agree to the following:

• Billing cycle: Subscriptions are billed monthly or annually in advance, in South African Rand (ZAR), unless otherwise agreed.
• Free trial: New accounts receive a 14-day free trial. No credit card is required during the trial. At the end of the trial, you must select a paid plan to continue using the Service.
• Price changes: We may adjust pricing with 30 days' written notice. Changes take effect at the start of your next billing cycle.
• Refunds: Annual subscriptions may be refunded on a pro-rata basis within the first 30 days. Monthly subscriptions are non-refundable.
• Taxes: All prices exclude VAT (15%) unless stated otherwise. You are responsible for any applicable taxes in your jurisdiction.
• Seat-based billing: Certain plans are billed per seat. Adding seats mid-cycle is billed on a pro-rata basis.

4. Intellectual Property

The Service, including all content, features, and functionality (software, text, graphics, logos, and design), is owned by Indaba (Pty) Ltd and is protected by South African and international intellectual property laws.

• Our IP: You may not copy, modify, distribute, or reverse-engineer any part of the Service without prior written consent.
• Your data: You retain all rights to data you upload to the Service. By uploading data, you grant Indaba a limited licence to process it solely for the purpose of providing the Service.
• AI-generated content: Outputs generated by our AI features (strategies, analyses, reports) are provided for informational purposes. You may use AI outputs in your business operations, but Indaba makes no warranty of accuracy.
• Feedback: Any feedback, suggestions, or ideas you provide may be used by Indaba without obligation or compensation to you.

5. Data Protection (POPIA)

Indaba processes personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA) and, where applicable, the EU General Data Protection Regulation (GDPR).

• We act as an "operator" (processor) of your data as defined under POPIA Section 1.
• Personal information is processed only for the purposes of providing the Service and as described in our Privacy Policy.
• We implement appropriate technical and organisational measures to protect your data.
• You may exercise your rights under POPIA Section 11 (right to access, correction, and deletion) by contacting our Information Officer.
• Data is stored in South African data centres by default. Enterprise customers may specify alternative regions.

6. Limitations of Liability

To the maximum extent permitted by South African law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Indaba shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid to Indaba in the 12 months preceding the claim.
• We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components. Uptime commitments are governed by our SLA.

7. Termination

Either party may terminate this agreement as follows:

• By you: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.
• By Indaba: We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or engage in activities that harm the Service or other users.
• Data export: Upon termination, you have 30 days to export your data. After this period, we may delete your data in accordance with our retention policy.
• Survival: Sections relating to intellectual property, limitations of liability, and governing law survive termination.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Gauteng, South Africa, seated in Johannesburg.

Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of not less than 30 days.