Terms of Service

Last Updated: 18 March 2026

These Terms of Service (“Terms”) govern the relationship between NexusAgents (“NexusAgents”, “we”, “us”, or “our”) and the person or entity registering for, accessing, or using the Service (“Customer”, “you”, or “your”). By accessing or using the Service, you agree to be bound by these Terms.

1. Statutory Disclosures

In accordance with applicable South African electronic commerce requirements, NexusAgents provides the following information:

  • Full legal name: [Insert registered company name]
  • Registration number: [Insert registration number]
  • Physical address: [Insert physical business address]
  • Website: https://nexusagents.co.za
  • Email: support@nexusagents.co.za

2. Eligibility and Authority

You may only use the Service if you have the legal capacity to enter into a binding agreement.

If you accept these Terms on behalf of a company, close corporation, partnership, non-profit, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to that entity.

3. The Service

NexusAgents provides a software-as-a-service platform that supports AI-assisted customer communication, workflow automation, lead handling, follow-up processes, support triage, analytics, and related business messaging functions.

The Service may execute automated workflows, responses, and actions based on configurations defined by you. You are solely responsible for reviewing, approving, and supervising such configurations and their outcomes.

We may modify, improve, replace, suspend, or discontinue features from time to time, provided that we act reasonably and do not do so in bad faith.

4. AI and Third-Party Model Services

The Service may use third-party artificial intelligence and infrastructure providers, including providers such as OpenAI, Anthropic, xAI, Meta, and other subprocessors or service providers selected by NexusAgents from time to time.

You acknowledge that Customer Data, including personal information, prompts, inputs, and message content, may be processed by AI systems and third-party model providers as part of generating outputs and operating the Service.

You acknowledge and agree that:

  • AI-generated outputs are probabilistic and may be inaccurate, incomplete, misleading, delayed, or inappropriate for a particular use case;
  • NexusAgents does not guarantee the factual accuracy, legal compliance, or business suitability of AI-generated content;
  • you remain solely responsible for all communications sent through your account, whether manually sent, AI-assisted, suggested, or automated; and
  • you are responsible for configuring appropriate oversight, approval flows, escalation logic, and operational safeguards for your use case.

5. Account Registration and Security

You must provide accurate, current, and complete information when registering for the Service and must keep that information updated.

You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. You must notify NexusAgents promptly of any suspected unauthorised access or security incident affecting your account.

6. Subscriptions, Fees, and Billing

Subscription fees are billed in advance on a recurring basis, monthly or annually, depending on the plan selected by you.

Unless otherwise expressly stated:

  • fees are non-refundable once billed for an active billing period;
  • all fees are exclusive of VAT and any other applicable taxes, unless stated otherwise; and
  • you are responsible for all charges incurred under your account.

If the Consumer Protection Act 68 of 2008 applies to you as a consumer, any mandatory cancellation or notice rights under that Act will apply to the extent required by law. If the CPA does not apply, cancellation will take effect at the end of the current paid billing period unless we expressly agree otherwise in writing.

If payment is overdue, we may suspend or restrict access to the Service until payment is received.

7. Customer Data and POPIA Roles

As between the parties, you retain ownership of all data, records, prompts, customer information, lead information, message content, and other materials submitted to the Service by or on behalf of the Customer (“Customer Data”).

To the extent NexusAgents processes personal information on your behalf, the parties intend that, where applicable under POPIA, you act as the responsible party and NexusAgents acts as an operator in relation to such processing.

You appoint NexusAgents to process Customer Data solely for purposes of providing, maintaining, securing, supporting, and improving the Service, complying with legal obligations, preventing abuse, and performing related operational functions.

NexusAgents processes Customer Data strictly on your instructions as configured through the Service. NexusAgents does not independently verify the legality, accuracy, or completeness of Customer Data, nor whether you have obtained the necessary consents or provided required notices.

You warrant that you have all necessary rights, permissions, notices, and lawful grounds required to collect, use, and disclose Customer Data to NexusAgents and its authorised subprocessors.

8. Subprocessors and Cross-Border Processing

You authorise NexusAgents to engage third-party subprocessors and service providers, including AI model providers, communications platforms, hosting providers, analytics providers, and infrastructure vendors, where reasonably necessary to deliver the Service.

You acknowledge that Customer Data may be processed outside the Republic of South Africa. NexusAgents will take reasonable steps to ensure that any cross-border processing is carried out on a lawful basis and with appropriate contractual, technical, or organisational safeguards, where applicable.

To the extent permitted by law, NexusAgents is not responsible for the acts or omissions of third-party subprocessors, except to the extent required by applicable law.

9. Acceptable Use and Compliance

You may not use the Service:

  • for unlawful, fraudulent, deceptive, defamatory, abusive, harassing, discriminatory, or harmful purposes;
  • to send spam or unlawful unsolicited electronic communications;
  • to generate or distribute content that promotes violence, self-harm, exploitation, or illegal conduct;
  • in a way that infringes the rights of any person or breaches any applicable law, regulation, code, or platform rule; or
  • to interfere with, disrupt, probe, or misuse the Service or any connected systems.

You are solely responsible for ensuring that your use of the Service complies with POPIA, ECTA, platform rules, and any sector-specific laws or regulations applicable to your business.

Where you use the Service for direct marketing or outbound messaging, you are responsible for ensuring that you have the necessary consent, customer relationship, lawful justification, sender identification, and opt-out functionality required by law.

9.1 AI-Specific Acceptable Use

Without limiting the general Acceptable Use provisions above, you agree that you will not use the Service, including any AI functionality, to:

  • Regulated Advice: generate or present AI outputs as professional medical, legal, financial, or other regulated advice without appropriate human review, qualifications, and legal compliance;
  • Deceptive Identities: impersonate any person, organisation, or authority, or create deceptive or misleading identities, including deepfakes or synthetic personas, in a manner that is unlawful or misleading;
  • High-Risk Decision-Making: perform fully automated decision-making that produces legal effects or similarly significant impacts on individuals (including credit decisions, employment screening, or eligibility determinations) where such use is unlawful or not properly supervised;
  • Circumvention: attempt to bypass, probe, reverse-engineer, or circumvent any safeguards, filters, or limitations of the Service or underlying AI systems;
  • Harmful or Illegal Content: generate, distribute, or promote content that facilitates or encourages unlawful activity, violence, self-harm, exploitation, or other harmful conduct;
  • Spam, Abuse, or Scams: engage in phishing, fraud, deceptive marketing, or large-scale unsolicited communications in violation of applicable law or third-party platform rules (including Meta/WhatsApp policies).

You remain solely responsible for all outputs, communications, automations, and actions generated or executed through your use of the Service, whether initiated manually or through AI-driven workflows.

Violation of this section constitutes a material breach of these Terms and may result in immediate suspension or termination of your access to the Service without refund, in addition to any other rights or remedies available to NexusAgents.

10. Third-Party Platforms

Your use of third-party channels and integrations, including WhatsApp and Meta-related services, is subject to the terms, policies, approvals, usage rules, and technical limitations of those third parties.

NexusAgents is not responsible for any downtime, suspension, delivery failure, message rejection, template rejection, account limitation, or other action taken by a third-party platform.

Any suspension, block, restriction, or enforcement action imposed by a third-party platform as a result of your conduct, your content, your data, or your messaging practices is your responsibility.

11. Intellectual Property

NexusAgents and its licensors own all right, title, and interest in and to the Service, including the platform interface, software, orchestration logic, documentation, branding, workflows, designs, and related intellectual property rights.

Subject to these Terms and your payment of applicable fees, NexusAgents grants you a limited, non-exclusive, non-transferable, revocable right to use the Service during the applicable subscription term.

NexusAgents may use anonymised and aggregated usage data for analytics, service improvement, security monitoring, capacity planning, and product development, provided that such data does not identify you or any data subject personally.

12. Confidentiality

Each party must keep confidential any non-public business, technical, commercial, or personal information disclosed by the other party in connection with the Service, and may use such information only as necessary to perform under these Terms or exercise rights granted by them.

This clause does not apply to information that is lawfully public, already known without restriction, independently developed, or lawfully obtained from a third party without breach of confidence.

13. Suspension and Termination

You may cancel your subscription at any time through the dashboard or by contacting support. Unless otherwise required by law, cancellation takes effect at the end of the current paid billing period.

We may suspend, restrict, or terminate your access immediately if:

  • you breach these Terms;
  • you fail to pay fees when due;
  • your use creates legal, security, reputational, or operational risk;
  • a third-party provider requires restriction or suspension; or
  • we reasonably suspect fraud, abuse, or unauthorised use.

Upon termination, your right to use the Service ends immediately. NexusAgents may retain, delete, or anonymise Customer Data in accordance with its retention practices, legal obligations, and operational requirements, including backup and archival processes.

14. Warranties Disclaimer

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by South African law, NexusAgents disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, or uninterrupted performance.

Without limiting the above, NexusAgents does not warrant that:

  • the Service will be uninterrupted, error-free, or secure at all times;
  • AI outputs will be accurate, complete, or appropriate;
  • messages will always be delivered or accepted by third-party platforms; or
  • the Service will meet your specific commercial objectives or compliance requirements.

15. Limitation of Liability

To the fullest extent permitted by law, NexusAgents will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, business opportunity, goodwill, anticipated savings, or data.

To the fullest extent permitted by law, NexusAgents’ total aggregate liability arising out of or in connection with these Terms or the Service will not exceed the total fees actually paid by you to NexusAgents during the 6 (six) months preceding the event giving rise to the claim.

This limitation applies whether the claim arises in contract, delict, statute, or otherwise, and includes claims arising from AI output errors, hallucinations, automation outcomes, or third-party service outages.

16. Indemnity

You indemnify and hold harmless NexusAgents, its affiliates, officers, employees, contractors, and licensors against any claims, losses, liabilities, penalties, fines, damages, costs, or expenses, including reasonable legal costs, arising from or relating to:

  • your Customer Data;
  • your breach of these Terms;
  • your breach of POPIA, ECTA, or any other applicable law;
  • your breach of third-party platform rules, including Meta or WhatsApp rules; or
  • communications, campaigns, prompts, workflows, or outputs generated or sent through your account.

17. Dispute Resolution and Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Subject to the clause below, the parties consent to the jurisdiction of the High Court of South Africa in relation to any dispute arising out of or in connection with these Terms or the Service.

Either party may, by written notice to the other, elect to refer a dispute to confidential arbitration administered in South Africa under the applicable AFSA commercial arbitration rules then in force. Nothing in this clause prevents either party from approaching a competent court for urgent interim relief.

18. Changes to These Terms

We may amend these Terms from time to time. Where changes are material, we will give at least 30 days’ notice by email, dashboard notice, or platform notification. Continued use of the Service after the effective date of the revised Terms constitutes acceptance of the updated Terms.

19. General

These Terms constitute the entire agreement between the parties regarding the Service and supersede prior discussions or understandings on the same subject matter.

If any provision is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

No waiver of any right is effective unless in writing, and no failure or delay in exercising a right operates as a waiver.

You may not cede, assign, or transfer these Terms without our prior written consent. NexusAgents may assign or transfer these Terms as part of a merger, sale, restructure, or transfer of business or assets.

The following clauses survive termination to the extent applicable by their nature: fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, dispute resolution, and general provisions.