Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the takat.ai website and the AI Pilot product suite — including BrokerPilot, GrowthPilot, TablePilot, and PitchPilot — operated by Takat (Pty) Ltd, registration 2015/294016/07, a company incorporated under the laws of the Republic of South Africa ("Takat", "we", "us", or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" and "your" refer to that entity.

• "Services" — the takat.ai website, APIs, AI Pilot products, dashboards, and any related software or support that we provide.
• "User" — the natural person who accesses or uses the Services, whether on their own behalf or on behalf of a Client.
• "Client" — the legal entity that has contracted with Takat for use of the Services, typically via an order form or statement of work.
• "Content" — any data, text, messages, files, prompts, configurations, or other materials submitted to, generated by, or processed through the Services.
• "Account" — the credentials and configuration associated with a User's or Client's access to the Services.

• You must be at least 18 years old to use the Services.
• If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.
• You are responsible for safeguarding your Account credentials and for all activity that occurs under your Account. You must notify us promptly of any unauthorised access or suspected breach.

You agree not to, and not to permit any third party to:

• Reverse engineer, decompile, disassemble, or attempt to derive source code or underlying models from the Services.
• Scrape, mass-download, or otherwise harvest data from the Services beyond what is expressly permitted by your plan or order form, or abuse any rate limits we apply.
• Use the Services for any unlawful, fraudulent, deceptive, harassing, harmful, or abusive purpose, or in violation of any applicable law or regulation.
• Use the Services or any Content generated through them to train, fine-tune, or otherwise develop a competing AI product, model, or service.
• Interfere with or disrupt the integrity or performance of the Services, including by transmitting malware or attempting to gain unauthorised access.

We may investigate suspected breaches of this clause and suspend or terminate access as described in clause 13.

• Fees, billing periods, and currency are as set out in the applicable plan, order form, or statement of work agreed between Takat and the Client.
• Unless stated otherwise, all fees are exclusive of value-added tax and similar taxes, which are payable by the Client at the prevailing rate.
• Late payments accrue interest from the due date at the South African prime lending rate plus 2% per annum, calculated daily and compounded monthly, until paid in full.
• Subscriptions renew automatically for successive terms of equal length unless either party gives written notice of non-renewal at least 30 days before the end of the then-current term.

All right, title, and interest in and to the Services — including the software, interfaces, models, prompts, designs, documentation, and any improvements or derivatives thereof — are and remain the exclusive property of Takat and its licensors.

As between the parties, the Client retains all right, title, and interest in and to Client Content. The Client grants Takat a non-exclusive, worldwide, royalty-free licence to host, process, and transmit Client Content solely as necessary to provide and support the Services.

Subject to these Terms and timely payment of fees, Takat grants the Client a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services during the subscription term solely for its internal business purposes.

Each party may receive non-public information from the other that is identified as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party agrees to (a) use the other's Confidential Information only as necessary to perform its obligations or exercise its rights under these Terms, and (b) protect such information with at least the same degree of care it uses for its own confidential information of like kind, and in any case no less than a reasonable standard of care.

Confidential Information does not include information that is or becomes publicly known through no fault of the receiving party, is independently developed without reference to the disclosing party's information, or is rightfully received from a third party without obligation of confidentiality.

Personal information processed in connection with the Services is handled in accordance with our Privacy Policy. We comply with the South African Protection of Personal Information Act (POPIA) and, where applicable, the EU General Data Protection Regulation (GDPR) and other data protection laws of the jurisdictions in which we operate.

End-users may request deletion of personal data processed via Meta platforms through our User Data Deletion page.

The Services integrate with third-party platforms — including but not limited to Meta (Facebook, Instagram, and WhatsApp Business API), Anthropic, OpenAI, Google, Resend, and Vercel. Your use of those third-party services is governed by their own terms and policies. Takat is not responsible for the availability, behaviour, or content of any third-party service, and changes by a third-party provider may affect functionality of the Services.

The Services are provided "as is" and "as available". To the maximum extent permitted by applicable law, Takat disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, secure, or that defects will be corrected. Outputs produced by AI models, including any text, summaries, recommendations, classifications, or other generated content, may contain errors, omissions, or inaccuracies. You are responsible for reviewing and validating AI outputs before relying on them, and must not use them as a substitute for professional advice where such advice is appropriate.

To the maximum extent permitted by applicable law, Takat's aggregate liability arising out of or relating to these Terms or the Services — whether in contract, tort (including negligence), strict liability, or any other theory — is capped at the total fees paid by the Client to Takat for the Services in the twelve (12) months preceding the event giving rise to the claim.

In no event will Takat be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless Takat and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your misuse of the Services, (b) your breach of these Terms, (c) Content you submit to the Services, or (d) your violation of any applicable law or third-party rights.

• These Terms remain in effect for as long as you use the Services or have an active subscription, whichever is longer.
• Either party may terminate for material breach by the other if such breach is not cured within 30 days of written notice.
• Takat may suspend access to the Services immediately and without notice if it reasonably believes that (i) fees are overdue, (ii) the User or Client is in breach of the Acceptable Use clause, or (iii) continued provision presents a security or legal risk.
• Clauses that by their nature should survive termination — including Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, and Governing Law — survive termination.

We may update these Terms from time to time. Material changes will be notified by email to the Account's primary contact, by in-product banner, or by another reasonable means at least 30 days before they take effect. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of the Services after the effective date of a change constitutes acceptance of the updated Terms.

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

The parties submit to the exclusive jurisdiction of the courts of Johannesburg, South Africa, for the resolution of any dispute arising out of or in connection with these Terms or the Services, save that mandatory consumer-protection law of the User's place of residence may grant additional rights and venues that override this clause.