Terms of Service
Last Updated: May 1st, 2025
1. Acceptance of Terms
By using NQONQI MEDIA PTY LTD's RAG-based knowledge management service and chat widget platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.
2. Description of Service
2.1 Core Features
Our Service provides:
- Document and knowledge base upload capabilities
- Website scraping and crawling functionality
- Retrieval-Augmented Generation (RAG) technology
- Contextual retrieval via embeddable chat widget
- Analytics for data insights and decision-making support
2.2 Service Availability
- We strive for 99.9% uptime but do not guarantee uninterrupted service
- Maintenance windows will be announced in advance when possible
- Emergency maintenance may occur without prior notice
3. Account Registration and Management
3.1 Registration Requirements
- You must provide accurate and complete information
- You must be at least 18 years old or have legal authority to enter contracts
- One account per person/organization
- You are responsible for maintaining account security
3.2 Domain Ownership and Verification
- You must own or have explicit authorization to use any domain you add to the Service
- You are required to verify domain ownership through our verification process
- You may only integrate our chat widget on domains you own or are authorized to use
- You represent and warrant that you have legal rights to all domains added to your account
- Attempted addition of domains you do not own or lack authorization to use constitutes a violation of these Terms
3.3 Account Termination
- Either party may terminate the account with 30 days' written notice
- We may suspend or terminate accounts for Terms violations immediately
- You may delete your account and data at any time through your account settings
- Upon termination, access to the Service will cease immediately
4. Acceptable Use Policy
4.1 Permitted Uses
- Upload and query publicly accessible documents or information
- Integrate the chat widget on your authorized domains
- Use the Service for legitimate business purposes
4.2 Prohibited Uses
You may not:
- Upload confidential, proprietary, or copyrighted material without authorization
- Use the Service for illegal activities or content
- Attempt to reverse engineer, hack, or compromise the Service
- Share account credentials or allow unauthorized access
- Upload malicious code, viruses, or harmful content
- Use the Service to generate spam or unsolicited communications
- Violate any applicable laws or regulations
- Impersonate others or provide false information
- Use automated scripts to abuse the Service
- Add domains you do not own or lack authorization to use
- Attempt to bypass domain verification processes
- Use the Service on domains without proper ownership verification
- Integrate the chat widget on unauthorized domains
5. Pricing and Payment
5.1 Fee Structure
- Setup/onboarding fee (one-time)
- Monthly subscription fee (includes bundled conversation credits)
- Pay-per-use conversation charges for usage beyond bundled credits
- Document upload costs (per document or per MB)
- Analytics service subscription fee
5.2 Subscription and Conversation Credits
- Monthly subscriptions include a predetermined number of conversation credits
- Bundled conversation credits do not carry over to subsequent months
- Unused credits expire at the end of each subscription period
- Conversations beyond your monthly bundle are charged at standard per-conversation rates
- Overage charges are applied automatically when bundle credits are depleted
5.3 Payment Terms
- Monthly subscription fees are billed in advance
- Overage charges are billed monthly in arrears
- Payment due within 30 days of invoice date
- All fees are non-refundable unless stated otherwise
- Continued use after bundle depletion results in immediate per-conversation charges
5.4 Price Changes
- We reserve the right to modify pricing with 30 days' notice
- Current pricing is available on our website or upon request
6. Intellectual Property Rights
6.1 Your Content
- You retain ownership of documents and content you upload
- You grant us a license to process and store your content solely to provide the Service
- You represent that you have rights to all uploaded content
- We claim no ownership over your content or knowledge base
6.2 Our Intellectual Property
- The Service, software, algorithms, and platform remain our property
- You receive a limited, non-exclusive license to use the Service
- You may not copy, modify, or distribute our software or technology
- All improvements and modifications to our Service remain our property
6.3 Domain Rights and Responsibilities
- You represent that you own or have authorization for all domains in your account
- You are solely responsible for any intellectual property claims related to your domains
- We do not verify domain ownership beyond our technical verification process
- Any trademark or brand disputes related to domains are your responsibility
- You must remove our widget if domain ownership changes or authorization is revoked
7. Data and Privacy
7.1 Data Ownership
- You retain ownership of your data and documents
- Processed vector data remains tied to your account
- Anonymous chat conversations are aggregated for analytics only
7.2 Data Use Limitations
- We do not use your data for AI training or model improvement
- Data is processed solely to provide the Service
- Analytics are aggregated and anonymized
8. Limitation of Liability
8.1 Service Limitations
- The Service is provided "as is" without warranties
- We do not guarantee accuracy of AI-generated responses
- You are responsible for verifying information obtained through the Service
8.2 Liability Limits
- Our liability is limited to the amount paid by you in the 12 months preceding the claim
- We are not liable for indirect, consequential, or punitive damages
- This limitation applies to the fullest extent permitted by law
9. Indemnification
You agree to indemnify and hold us harmless from claims arising from:
- Your use of the Service
- Your uploaded content or data
- Your violation of these Terms
- Your violation of any third-party rights
- Claims related to unauthorized domain use or domain ownership disputes
- Any damages resulting from your failure to properly verify domain ownership
10. Dispute Resolution
10.1 Governing Law
These Terms are governed by South African law.
10.2 Dispute Process
- First, attempt to resolve disputes through direct negotiation
- If unsuccessful, disputes may be resolved through binding arbitration under the Arbitration Foundation of Southern Africa (AFSA) rules
- Arbitration will be conducted in English in Johannesburg, South Africa
- Court proceedings are reserved for injunctive relief or enforcement of arbitration awards
11. Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, or technical failures of third-party services.
12. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
13. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
14. Modifications
14.1 Terms Updates
- We may modify these Terms at any time
- Material changes will be notified 30 days in advance
- Continued use after changes constitutes acceptance
14.2 Service Changes
- We may modify, suspend, or discontinue features with notice
- Core functionality changes will be communicated in advance
15. Contact Information
For questions about these Terms, contact us at:
- Email: legal@agnosai.com
- Address: B1871 White City, Nyanga, 7750 (South Africa)
16. Effective Date
These Terms are effective as of March 1st, 2025 and remain in effect until terminated in accordance with these Terms.
*These Terms of Service are governed by South African law and designed to protect both parties while ensuring fair use of our RAG-based knowledge management platform.*