Terms of Service
Last Updated: February 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Opus Intelligence (Pty) Ltd ("Opus Intelligence", "we", "us", or "our"), a company registered in the Republic of South Africa.
By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Definitions
In these Terms, unless the context indicates otherwise:
- "Services" means the AI solutions, voice agents, CRM systems, and related services provided by Opus Intelligence
- "Website" means the Opus Intelligence website accessible at opusintelligence.co.za
- "Content" means all text, images, data, software, and other materials on our Website or provided through our Services
- "Intellectual Property" means patents, trademarks, copyrights, trade secrets, and other proprietary rights
2. Services
Opus Intelligence provides custom AI solutions including but not limited to:
- Voice AI agents for business automation
- Customer relationship management (CRM) systems
- AI-powered customer support solutions
- Appointment booking systems
- Lead generation and sales automation
The specific scope of services will be defined in a separate service agreement or proposal between you and Opus Intelligence.
3. Client Obligations
As a client, you agree to:
- Provide accurate and complete information as required for service delivery
- Cooperate with Opus Intelligence in the performance of services
- Comply with all applicable South African laws and regulations
- Not use our services for any unlawful or fraudulent purposes
- Not attempt to reverse engineer, copy, or replicate our proprietary technology
- Pay all fees in accordance with agreed payment terms
- Obtain all necessary consents for data processing in relation to your end users
4. Intellectual Property Rights
All intellectual property rights in our Website, Services, and Content belong to Opus Intelligence or our licensors. This includes but is not limited to:
- Software, algorithms, and AI models
- Trademarks, logos, and branding
- Documentation and training materials
- Website design and content
You are granted a limited, non-exclusive, non-transferable licence to use our Services solely for your internal business purposes, subject to these Terms and any service agreement.
5. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms.
Confidential information does not include information that:
- Is or becomes publicly available through no fault of the receiving party
- Was rightfully in the receiving party's possession prior to disclosure
- Is independently developed by the receiving party
- Is required to be disclosed by law or court order
6. Data Protection
We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our Privacy Policy. By using our Services, you acknowledge and agree that:
- You have read and understood our Privacy Policy
- You are responsible for ensuring compliance with POPIA regarding your end users' data
- You will obtain all necessary consents from data subjects before sharing their information with us
7. Payment Terms
Payment terms will be specified in your service agreement or proposal. Unless otherwise agreed:
- All fees are quoted in South African Rand (ZAR) unless otherwise stated
- Invoices are payable within 14 days of issue
- Late payments may incur interest at the maximum rate permitted by the National Credit Act
- We reserve the right to suspend services for non-payment
8. Service Level and Support
We strive to provide reliable and high-quality services. Specific service levels, uptime guarantees, and support terms will be outlined in your service agreement. We reserve the right to:
- Perform scheduled maintenance with reasonable notice
- Make updates or modifications to improve our services
- Suspend services temporarily for emergency maintenance
9. Limitation of Liability
To the maximum extent permitted by South African law:
- Our total liability to you for any claims arising from these Terms or our Services shall not exceed the fees paid by you in the 12 months preceding the claim
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We shall not be liable for loss of profits, data, business opportunities, or goodwill
- We do not exclude or limit liability for fraud, gross negligence, or any liability that cannot be excluded by law
10. Indemnification
You agree to indemnify, defend, and hold harmless Opus Intelligence, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your breach of these Terms
- Your use of our Services
- Your violation of any third-party rights
- Any data you provide to us or process through our Services
11. Termination
Either party may terminate the service relationship:
- Upon 30 days written notice to the other party
- Immediately if the other party materially breaches these Terms and fails to cure within 14 days of notice
- Immediately if the other party becomes insolvent or enters liquidation
Upon termination, you must cease using our Services and pay all outstanding fees. Provisions relating to intellectual property, confidentiality, limitation of liability, and governing law survive termination.
12. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.
13. Dispute Resolution
Any dispute arising from these Terms shall be resolved as follows:
- Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiations
- Mediation: If negotiations fail, the dispute shall be referred to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA)
- Arbitration: If mediation fails, the dispute shall be finally resolved by arbitration under AFSA rules, with the arbitration taking place in South Africa
14. Consumer Protection
If you are a consumer as defined in the Consumer Protection Act 68 of 2008 (CPA), nothing in these Terms shall limit your rights under the CPA. In the event of any conflict between these Terms and the CPA, the CPA shall prevail.
15. Electronic Communications and Transactions
In accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA):
- Electronic signatures and communications are legally binding
- You consent to receive communications from us electronically
- Electronic records of transactions will be maintained as required by law
16. Amendments
We may amend these Terms from time to time. We will notify you of material changes by posting the updated Terms on our Website and updating the "Last Updated" date. Continued use of our Services after such changes constitutes acceptance of the amended Terms.
17. General Provisions
- Entire Agreement: These Terms, together with any service agreement, constitute the entire agreement between you and Opus Intelligence
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect
- Waiver: No waiver of any provision shall be deemed a waiver of any other provision
- Assignment: You may not assign your rights under these Terms without our written consent
18. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Subject to the dispute resolution provisions above, the courts of South Africa shall have exclusive jurisdiction over any legal proceedings.
19. Contact Us
If you have any questions about these Terms, please contact us: