Terms and Conditions

1. Introduction and Acceptance

Welcome to AI Companions, an AI-powered knowledge platform and service provided by Combined Intelligence ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the AI Companions platform, including the AI Board Members feature and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

AI Companions is a Software as a Service (SaaS) platform that provides:

• AI-powered virtual board members and governance advisors
• Interactive knowledge companions based on published or unpublished books, articles, papers, laws and governance frameworks
• Virtual board meeting scenarios and governance consultation tools
• Access to curated knowledge bases and expert AI systems

The Service is provided on a subscription basis with different tiers offering varying levels of access and features.

3. Legal Jurisdiction

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

5. Pricing, Currency and Payment

5.1 Base Currency

All subscription fees and prices ("Fees") are displayed in United States Dollars (USD) for reference purposes, however payments are processed in South African Rand (ZAR) calculated using current market exchange rates obtained from third-party financial data providers. The actual ZAR amount charged may vary based on the exchange rate at the time of transaction.

5.2 Exchange Rate Variability

You acknowledge and agree that:

• Exchange rates between USD and ZAR fluctuate constantly based on market conditions
• The estimated exchange rate shown in the pricing disclaimer may differ from the actual exchange rate applied at the time of transaction
• The exchange rate used to calculate the displayed estimate may be different from the exchange rate applied at the time of transaction
• We update displayed exchange rates periodically (typically hourly), but do not guarantee real-time accuracy
• The exchange rate shown in the pricing disclaimer represents the rate at the time the page was loaded and may not reflect the rate at transaction time

5.3 Transaction Processing

For South African customers, all payments are processed in ZAR through our payment gateway provider (Peach Payments). The ZAR amount charged is calculated by converting the USD base price at the current exchange rate at the time of transaction.

5.4 No Liability for Exchange Rate Differences

We are not responsible or liable for any difference between the estimated exchange rate shown in the pricing disclaimer and the actual ZAR amount charged to your account due to exchange rate fluctuations between viewing and transaction time.

5.5 Verification of Charges

The exact ZAR amount charged will be calculated by converting the USD price at the current exchange rate at the time of checkout. This amount will be displayed during the checkout process before you complete your purchase.

5.6 Subscription Tiers

We offer multiple subscription tiers, including free and paid plans. Features, limitations, and pricing for each tier are described on our pricing page.

5.7 Payment Terms

Paid subscriptions are billed in advance on an annual basis. You authorize us to charge your payment method on file for all applicable fees. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

5.8 Payment Methods

We accept payment via credit card, debit card, and other payment methods as indicated during checkout. By providing payment information, you:

• Represent that you are authorised to use the payment method provided
• Authorise us to charge the payment method for all fees incurred
• Authorise our payment processor to store your payment information for recurring billing
• Agree to promptly update your payment information if it changes or expires

5.9 Failed Payments

If a payment fails or is declined:

• We will notify you via email
• We may attempt to process payment again
• We may suspend your access to paid features until payment is received
• We may cancel your subscription if payment is not received within 14 days
• You remain responsible for all outstanding fees

5.10 Price Changes

We reserve the right to change our subscription fees at any time. Price changes will:

• Be posted on our website
• Take effect immediately for new subscriptions
• Not affect existing active subscriptions until the renewal date, unless you upgrade or modify your subscription
• Be communicated to existing subscribers at least 30 days before renewal if the price increase exceeds 10%

5.11 Promotional Codes and Discounts

Promotional codes and discounts:

• May be subject to specific terms and conditions
• Cannot be combined with other offers unless expressly stated
• Are limited to one use per customer unless otherwise specified
• May have expiration dates
• Are applied to the USD base price before conversion to ZAR
• May be revoked if obtained or used fraudulently

5.12 Value Added Tax (VAT)

Our subscription fees do not include Value Added Tax (VAT) as we are not currently registered for VAT in South Africa. You will not be charged VAT on your subscription. Should we become VAT registered in the future, we will provide 30 days' notice before applying VAT to any subscriptions.

5.13 Other Taxes

You are responsible for all applicable taxes, duties, and government charges (other than taxes based on our net income) associated with your use of our services. If we are required to collect or pay any such taxes, they will be added to your invoice.

5.14 Refund Policy

Cooling-off Period (South African Residents):

In accordance with the Consumer Protection Act 68 of 2008, South African residents have the right to cancel any purchase within 7 (seven) business days of the transaction date for a full refund in ZAR to the original payment method, provided that:

• You have not substantially used the service during this period
• You submit your cancellation request in writing to support@combinedintelligence.ai
• The request is received within the 7-day period

General Refund Policy:

For all users (including after the cooling-off period):

• Subscription fees are generally non-refundable
• We may, at our sole discretion, provide refunds on a case-by-case basis
• Refunds will be processed in ZAR to the original payment method, minus the value of any reasonable use, as determined in our sole discretion.
• We are not responsible for any exchange rate differences between the original charge and the refund if exchange rates have changed

No Refunds for Currency Fluctuations:

We do not provide refunds or credits for differences between displayed ZAR prices and actual charged amounts due to exchange rate fluctuations or payment provider conversion rates.

5.15 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial subscription periods, except as required by the Consumer Protection Act for South African residents (see Section 5.14).

6. Consumer Rights (South African Residents)

6.1 Consumer Protection Act Rights

If you are a resident of South Africa, in addition to the rights set out elsewhere in these Terms, you have the following rights under the Consumer Protection Act 68 of 2008 ("CPA"):

a) Right to Information:

• You have the right to receive information about goods or services in plain and understandable language
• You have the right to know the full price of services before purchase
• You have the right to receive these Terms and any other relevant documentation

b) Right to Fair Value:

• You have the right to receive services of good quality
• Services must be reasonably suitable for the purpose for which they are generally intended
• Services must be of good quality and in good working order

c) Right to Fair and Honest Dealing:

• We may not use unfair, unreasonable, or unjust contract terms
• We may not require you to waive your rights under the CPA
• Marketing and advertising must not be false or misleading

d) Right to Cancel:

• You have the right to cancel any subscription within 7 business days of purchase (see Section 5.14)
• Certain other cancellation rights may apply as set forth in the CPA

e) Right to Complain:

• You have the right to lodge complaints about our services
• We will investigate and respond to complaints within a reasonable time

6.2 Complaints and Disputes

Step 1 - Contact Us:

If you have a complaint, please contact us at:

• Email: support@combinedintelligence.ai
• Website: www.combinedintelligence.ai

We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days.

Step 2 - National Consumer Commission:

If you are not satisfied with our response, you may lodge a complaint with:

National Consumer Commission (NCC)

• Website: www.thencc.gov.za
• Email: complaints@thencc.gov.za
• Phone: 012 428 7000
• Address: Block C, Mentum Building, 77 Meintjies Street, Sunnyside, Pretoria, 0001

Step 3 - Consumer Tribunal:

You may also refer disputes to the National Consumer Tribunal at:

• Website: www.thenct.org.za
• Phone: 012 428 7034

6.3 Non-Waiver of Rights

Nothing in these Terms limits, restricts, or waives your rights under the Consumer Protection Act. To the extent that any provision of these Terms conflicts with the CPA, the CPA will prevail.

7. User Accounts and Registration

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorised use of your account

7.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

8. Acceptable Use and Prohibited Activities

5.1 Subscription Tiers

We offer multiple subscription tiers, including free and paid plans. Features, limitations, and pricing for each tier are described on our pricing page.

5.2 Payment Terms

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). You authorize us to charge your payment method on file for all applicable fees.

5.3 Promotional Codes

We may offer promotional codes that provide discounts or free access periods. Promotional codes are subject to specific terms and expiration dates.

5.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial subscription periods, except as required by applicable law.

8. Acceptable Use and Prohibited Activities

8.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for:

• Professional governance and business advisory purposes
• Educational and research activities
• Personal knowledge exploration and learning

8.2 Prohibited Uses

You agree NOT to use the Service to:

• Generate, distribute, or facilitate illegal content or activities
• Harass, abuse, or harm others, or promote violence or discrimination
• Spread misinformation, disinformation, or fraudulent content
• Attempt to manipulate, deceive, or exploit the AI systems
• Circumvent usage limits, technical restrictions, or access controls
• Reverse engineer, decompile, or extract the underlying AI models or algorithms
• Use automated systems (bots, scrapers) to access the Service without authorisation
• Overload, interfere with, or disrupt the Service or its infrastructure
• Impersonate others or misrepresent your affiliation with any person or entity
• Collect or harvest user data without consent
• Use the Service to compete with us or develop a competing service
• Violate any applicable laws, regulations, or third-party rights

9. AI-Generated Content Disclaimer

9.1 Nature of AI Content

You acknowledge and understand that:

• AI-generated responses are probabilistic and may be incorrect, incomplete, or misleading
• AI systems may produce biased, outdated, or contextually inappropriate content
• AI responses should not be considered professional advice (legal, financial, medical, or otherwise)
• The AI does not have access to real-time information unless specifically stated
• AI assistants may generate content that appears authoritative but is factually wrong

9.2 Verification Responsibility

You are solely responsible for:

• Verifying the accuracy of any AI-generated information before relying on it
• Exercising independent judgment in evaluating AI recommendations
• Consulting qualified professionals for matters requiring expert advice
• Ensuring compliance with applicable laws and regulations in your use of AI outputs

10. User Accountability and Liability

You expressly acknowledge that:

• We do not endorse, guarantee, or assume responsibility for any AI-generated content
• You use the Service and any AI outputs entirely at your own risk
• You are solely responsible for any consequences arising from your use of the Service
• You will not hold us liable for decisions made based on AI-generated information
• Any content you generate, publish, or share using the Service is your sole responsibility

11. Intellectual Property Rights

11.1 Our Intellectual Property

The Service, including all software, AI models, content, branding, and materials, is owned by Combined Intelligence and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

The content from the book Essential Governance, an essential guide for companies, 4th Ed. is the intellectual property of the author Ramani Naidoo and is used under licence. Unauthorised reproduction or distribution is prohibited.

11.2 User-Generated Content

You retain ownership of content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display such content solely for providing and improving the Service.

11.3 AI-Generated Output

Subject to these Terms and your subscription tier, you may use AI-generated outputs for your personal or business purposes. However, we make no representations regarding the ownership or intellectual property status of AI-generated content.

12. Privacy, Data Protection and Electronic Communications

12.1 Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

12.2 Protection of Personal Information Act (POPIA) Compliance

We comply with the Protection of Personal Information Act 4 of 2013 ("POPIA") and other applicable data protection laws. We are committed to protecting your personal information and respecting your privacy rights.

12.3 Information We Collect

We collect and process the following categories of personal information:

• Account Information: Name, email address, mobile number, password (encrypted)
• Payment Information: Payment card details (processed through our PCI-DSS compliant payment provider)
• Usage Information: Conversations with AI assistants, queries, generated content, and interaction history
• Technical Information: IP address (for country detection and security), browser type, device information, cookies
• Communication Records: Support tickets, emails, and other communications with us

12.4 How We Use Your Information

We process your personal information for the following purposes:

• Service Provision: To provide, maintain, and improve the Service
• Account Management: To create and manage your account
• Payment Processing: To process subscriptions and payments
• Communication: To send service-related notifications, updates, and support responses
• Personalization: To customize your experience and provide relevant content
• Analytics: To understand how users interact with the Service and improve functionality
• Security: To detect, prevent, and respond to fraud, abuse, and security threats
• Legal Compliance: To comply with legal obligations and enforce our Terms

12.5 IP Address and Location Detection

We use your IP address to detect your country of residence for the following purposes:

• Displaying prices in your local currency (ZAR for South African users)
• Ensuring compliance with regional consumer protection laws
• Preventing fraud and unauthorized access

This processing is:

• Necessary for the performance of our contract with you
• Conducted through a third-party geolocation service provider (ipapi.co)
• Not used to track or profile your browsing behavior outside our Service
• Not stored permanently on our servers beyond session requirements

12.6 AI Conversation Logging

Your conversations with AI assistants may be logged and processed for:

• Quality assurance and service improvement
• Training and refining AI models
• Troubleshooting technical issues
• Ensuring compliance with our Acceptable Use Policy

We implement appropriate safeguards to protect the confidentiality of your conversations.

12.7 Data Security

We implement appropriate technical and organizational measures to protect your personal information, including:

• Encryption of data in transit (SSL/TLS) and at rest
• Secure authentication and access controls
• Regular security assessments and updates
• Restricted access to personal information on a need-to-know basis
• PCI-DSS compliant payment processing through third-party providers

However, you acknowledge that no electronic transmission or storage is 100% secure, and you use our Service at your own risk.

12.8 Data Sharing and Third Parties

We do not sell your personal information. We may share your information with:

• Service Providers: Payment processors, hosting providers, email services, and analytics tools that help us operate the Service
• AI Model Providers: Third-party AI services (e.g., OpenAI, Anthropic) to process your queries - see their privacy policies for details
• Legal Authorities: When required by law, court order, or to protect our rights
• Business Transfers: In connection with a merger, acquisition, or sale of assets

All third-party service providers are required to protect your information and use it only for the purposes we specify.

12.9 International Data Transfers

Your information may be transferred to and processed in countries outside South Africa, including the United States, where our servers and service providers are located. We ensure appropriate safeguards are in place for such transfers in compliance with POPIA.

12.10 Data Retention

We retain your personal information for as long as:

• Your account remains active
• Necessary to provide the Service
• Required to comply with legal obligations (typically 5-7 years for financial records)
• Needed to resolve disputes and enforce our Terms

After your account is deleted, we will delete or anonymize your personal information, except where retention is required by law.

12.11 Your Privacy Rights Under POPIA

As a South African resident, you have the following rights regarding your personal information:

• Right of Access: Request access to your personal information we hold
• Right to Correction: Request correction of inaccurate or incomplete information
• Right to Deletion: Request deletion of your personal information (subject to legal retention requirements)
• Right to Object: Object to processing of your personal information for certain purposes
• Right to Restriction: Request restriction of processing in certain circumstances
• Right to Data Portability: Request your data in a structured, commonly used format
• Right to Lodge a Complaint: Submit a complaint to the Information Regulator

12.12 Exercising Your Privacy Rights

To exercise any of your privacy rights, contact us at:

• Email: privacy@combinedintelligence.ai
• Subject Line: "POPIA Data Subject Request"

We will respond to your request within 30 days. We may request additional information to verify your identity before processing your request.

12.13 Information Regulator Contact

If you have concerns about how we handle your personal information, you may lodge a complaint with the Information Regulator:

• Website: www.justice.gov.za/inforeg/
• Email: inforeg@justice.gov.za
• Phone: 012 406 4818
• Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

12.14 Electronic Communications

By using our Service, you consent to:

• Receive communications from us electronically (email, in-app notifications)
• Electronic delivery of notices, agreements, and disclosures
• Electronic storage of transaction records
• Electronic signatures having the same legal effect as handwritten signatures

12.15 Transaction Records

We will provide you with:

• Electronic confirmation of each transaction
• Electronic receipts or invoices
• Access to view your transaction history in your account dashboard
• Records showing the date, time, amount (USD and ZAR if applicable), and exchange rate used

12.16 Cookies and Tracking Technologies

We use cookies and similar technologies to:

• Maintain your logged-in session
• Remember your preferences
• Analyze usage patterns and improve the Service
• Detect and prevent fraud

You can control cookie settings through your browser, but disabling cookies may limit your ability to use certain features of the Service.

12.17 Children's Privacy

Our Service is not intended for children under 18 years of age. We do not knowingly collect personal information from children. If you believe we have collected information from a child, please contact us immediately.

12.18 Marketing Communications

With your consent, we may send you marketing communications about our services, updates, and special offers. You can opt out of marketing emails at any time by:

• Clicking the "unsubscribe" link in any marketing email
• Updating your communication preferences in your account settings
• Contacting us at support@combinedintelligence.ai

Please note that you cannot opt out of essential service-related communications (e.g., account notifications, billing statements, security alerts).

13. Disclaimers and Limitations of Liability

13.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that the Service will be:

• Uninterrupted, timely, secure, or error-free
• Free from viruses, malware, or other harmful components
• Accurate, reliable, or complete in all respects
• Available at all times or in all geographic locations

13.2 Limitation of Liability

To the maximum extent permitted by law, Combined Intelligence, its directors, employees, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Errors, inaccuracies, or omissions in AI-generated content
• Decisions or actions taken based on information from the Service
• Unauthorised access to or use of our servers or your personal information
• Service interruptions, failures, or technical issues

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Combined Intelligence and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Content you submit, post, or transmit through the Service
• Decisions or actions you take based on AI-generated content

15. Termination and Suspension

15.1 Termination by You

You may terminate your account at any time by cancelling your subscription through your account settings or by contacting us.

15.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Prolonged inactivity
• At our sole discretion for operational or business reasons

15.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• We may delete your account data subject to our data retention policies
• You remain liable for all outstanding fees and obligations
• Sections of these Terms that by their nature should survive termination will remain in effect

16. Modifications to Terms and Service

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website with a new "Last Updated" date
• Sending email notification to registered users
• Displaying a prominent notice on the Service

Your continued use of the Service after such modifications constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use of the Service.

We may also modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

17. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources. We do not endorse and are not responsible for:

• The availability, content, or practices of third-party sites
• Products or services offered by third parties
• Any harm or damages arising from your use of third-party services

Your interactions with third parties are solely between you and the third party.

18. Dispute Resolution

18.1 Negotiation

In the event of any dispute arising from these Terms or the Service, the parties agree to first attempt to resolve the matter through good-faith negotiation.

18.2 Arbitration

If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), with proceedings held in South Africa.

18.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action.

19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Combined Intelligence regarding the Service.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

19.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or infrastructure failures.

19.6 Export Compliance

You agree to comply with all applicable export control and sanctions laws in your use of the Service.

20. Contact Information and Company Details

For questions about these Terms or the Service, please contact us:

• Company Name: Combined Intelligence (Pty) Ltd
• Website: www.combinedintelligence.ai
• Email (General): support@combinedintelligence.ai
• Email (Privacy): privacy@combinedintelligence.ai
• Email (Complaints): support@combinedintelligence.ai

Note: VAT Registration - We are currently not registered for VAT as our turnover is below the mandatory registration threshold.

21. Acceptance of Terms

By clicking "I Agree," completing the signup process, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including all provisions relating to:

• Currency conversion and pricing (Section 5)
• Consumer Protection Act rights (Section 6)
• Privacy and data protection (Section 12)
• AI-generated content disclaimers (Section 9)