Terms and Conditions

1. "Agreement" means this terms and conditions of use agreement between the User and the Company;
2. "Associated Entities" means any direct and indirect shareholders (including holding companies), related subsidiaries and investee companies or entities in respect of the Company;
3. "Company" means MzMind (Pty) Ltd, registration number 2011/007772/07, a private company incorporated in accordance with the laws of the Republic of South Africa;
4. "Cybercrimes Act" means the Cybercrimes Act 19 of 2020;
5. "MzMind Account" means an account registered in the name of the User on the MzMind Platform;
6. "MzMind Platform" means the whole and entire website located on https://mzmind.co.za/;
7. "Prohibited Activities" refers to any one or all activities that are prohibited in terms of POPIA, PAIA, the Cybercrimes Act, and any other statutory or common law acts and/or omissions that may be prosecutable in the User's country of residence;
8. "PAIA" refers to the Promotion of Access to Information Act 2 of 2000;
9. "Parties" means both the Company and the User;
10. "POPIA" refers to the Protection of Personal Information Act 4 of 2013;
11. "Safe Mode" refers to the restriction of various features on the MzMind Platform;
12. "Services" means hosting the delivery of the MzMind Platform through a secure web browser, along with an artificial intelligence software which is engineered to understand, generate and translate South African languages;
13. "User" means any natural person, company, trust or legal entity that registers for a MzMind Account; and
14. "Representative" means any natural person that represents the person who registers for a MzMind Account.

1. Any person who registers for a MzMind Account shall agree to the terms and conditions set out in this Agreement. Any person that does not wish to be bound by this Agreement may not access, display, use, download and/or otherwise copy or distribute content obtained on this website.
2. The User agrees to use the MzMind Platform exclusively for authorised and legal purposes, consistent with all applicable laws, regulations, and the rights of others in South Africa and in terms of this Agreement.

As and with effect from the date of registration of the MzMind Account, the User confirms and affirms that the User has read, understood, and agrees to be bound by this Agreement until the User terminates this Agreement and deletes their MzMind Account.

1. Children under the age of 13 years old may not register to open a MzMind Account.
2. Persons between the ages of 13 and 18 may register a MzMind Account (which shall be registered on Safe Mode by the Company) and shall not use the MzMind Account to engage in any harmful activity as contemplated in this Agreement.
3. If a User is a parent and/or legal guardian and allows a child under the age of 13 years to use the MzMind Platform through the User's MzMind Account, then these terms apply to the User, and such a User is responsible for the underaged child's activity on the MzMind Platform. The Company shall take no liability for any and all harm or damage arising from the child accessing the MzMind Platform.
4. The Company reserves the right to suspend, terminate or deactivate the User's MzMind Account if, in the Company's sole discretion, the User is non-compliant with this clause. The User will have 14 days to update their account to align with the age restrictions, or the MzMind Account will be disabled.
5. Any person that enters into this Agreement for and on behalf of a company, trust or other legal entity must be duly authorised to bind the entity to this Agreement, in which case such natural person who registers the legal entity shall, for all intents and purposes, represent the legal entity.
6. This clause is subject to the laws, rules and regulations of the Republic of South Africa or the User's country of residence.

1. Subject to the terms and limitations of this Agreement, the Company hereby grants the User a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to use the MzMind Platform and access the MzMind Services for the User's use only.
2. The Company reserves all rights, title, and interest in and to the MzMind Platform and all its content not expressly granted to the User, except for rights, title, and interest in and to the content created by the User. No other licenses are granted whether by implication, estoppel, or otherwise.

The User may not abuse, damage, harm, interfere with, or disrupt the MzMind Platform by:

1. introducing malware;
2. spamming, hacking, or bypassing our systems or protective measures;
3. jailbreaking, adversarial prompting, or prompt injection, except as part of the Company's safety and bug testing programs which shall be implemented after 14 days of prior written notice from the Company;
4. accessing or using our services or content in fraudulent or deceptive ways, such as:
   1. phishing;
   2. creating fake accounts or content, including fake reviews;
   3. misleading others into thinking that generative AI content was created by a human;
   4. providing services that appear to originate from the User (or someone else);
5. providing services that appear to originate from the Company when they do not;
6. using the MzMind Platform (including the content provided on the MzMind Platform) to violate (or attempt to violate) any other person's legal rights, in terms of the laws of South Africa including POPIA, PAIA, the Cybercrimes Act and any other criminal activity or any other action that may directly or indirectly cause damage or harm to another person;
7. reverse engineering our services or underlying technology, such as our machine learning models, to extract trade secrets or other proprietary information;
8. using automated means to access content from any of the Company's services in violation of the machine-readable instructions on the MzMind website pages (for example, robots.txt files that disallow crawling, training, or other activities);
9. using AI-generated content from our services to develop machine learning models related to AI technology;
10. the User hiding or misrepresenting any personal details that are requested by the Company in order to violate these terms; and
11. providing services and/or otherwise inciting other persons to violate these terms.

The User agrees not to engage in dangerous or illegal activities, or otherwise violate applicable law or regulations. This includes generating or distributing content that:

1. relates to child sexual abuse or exploitation;
2. facilitates violent extremism or terrorism;
3. facilitates consensual or non-consensual intimate imagery;
4. facilitates and/or encourages self-harm;
5. facilitates illegal activities or violations of law, for example, providing instructions for synthesizing or accessing illegal or regulated substances, goods, or services;
6. violates the rights of others, including privacy and intellectual property rights, for example, using personal data or biometrics without legally required consent;
7. tracks or monitors people without their consent; and
8. makes automated decisions that have a material detrimental impact on individual rights without human supervision in high-risk domains, for example, in employment, healthcare, finance, legal, housing, insurance, or social welfare.

Do not compromise the security of others or the Company's services. This includes generating or distributing content that facilitates spam, phishing, or malware; abuse of, harm to, interference with, or disruption to the Company's or others' infrastructure or services; and circumvention of abuse protections or safety filters, for example, manipulating the model to contravene our policies.

Do not engage in sexually explicit, violent, hateful, or harmful activities. This includes generating or distributing content that facilitates hatred or hate speech; harassment, bullying, intimidation, abuse, or the insulting of others; violence or the incitement of violence; and sexually explicit content, for example, content created for the purpose of pornography or sexual gratification.

Do not engage in misinformation, misrepresentation, or misleading activities. This includes frauds, scams, or other deceptive actions; impersonating an individual (living or dead) without explicit disclosure, in order to deceive; facilitating misleading claims of expertise or capability in sensitive areas, for example in health, finance, government services, or the law, in order to deceive; facilitating misleading claims related to governmental or democratic processes or harmful health practices, in order to deceive; and misrepresenting the provenance of generated content by claiming it was created solely by a human, in order to deceive.

We may make exceptions to these policies based on educational, documentary, scientific, or artistic considerations, or where harms are outweighed by substantial benefits to the public.

1. The Company has in place reasonable commercial standards of artificial intelligence software, technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a User's information.
2. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. This policy applies to all employees of the Company or public bodies that may receive such information from the Company.
3. It is expressly prohibited for any person, business or legal entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if the Company or any public body should suffer any damage or loss, civil damages will be claimed.

1. We welcome third-party websites to link to the information that is hosted on these pages.
2. It is expressly prohibited for any person, business, entity or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of the Company.

The Company may provide links to other websites only as a convenience. The inclusion of any link does not imply the Company's endorsement of such sites. Linked websites or pages are not subject to the control of the Company. The Company is not responsible or liable, directly or indirectly, in any way for the content, use, or inability to use or access any linked websites or any links contained in a linked website.

1. The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
2. It is the sole responsibility of the User to satisfy themselves, prior to accessing the information provided on the MzMind Platform, that the MzMind Platform and the content provided will meet the User's individual requirements and/or be compatible with the User's hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the Company. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
3. The Company and its Associated Entities expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. The MzMind Platform is provided on an 'as is' and 'as available' basis.
4. The Company and Associated Entities make no representations or warranties, implied or otherwise, that the content and technology available from this site are free from errors or omissions, that the service will be 100% uninterrupted and error-free, or will meet any particular criteria of performance or quality, or that the MzMind Account will be accessible or available at any particular time or location, uninterrupted or secure. Users are encouraged to report any possible errors, malfunctions or offensive material via the 'Talk to our team' link.
5. The use (and downloading) of any content obtained on or through the MzMind Platform is at the User's own risk. The User assumes full responsibility and risk of loss resulting from the use of the content from the MzMind Platform. The Company, its legal entities, or employees will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever relating to the use of this information. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
6. The Company shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
7. Certain links in the web server lead to resources maintained by third parties over whom the Company has no control. The Company makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.
8. The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions Act, 2002 are hereby excluded from applying to any electronic communications and data messages that a User sends to the Company via this website. Any communication or data message that a User sends to the Company will be regarded as having been received by the Company when receipt is acknowledged in writing. If the User does not receive a response within a reasonable period of time, the User should follow it up with the Company. The Company shall not be liable for any failure to respond.
9. If a User requires any information from the Company regarding its services or the content of the MzMind Platform, click on the 'Talk to our team' link.

1. All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, programs, publications, products, processes, or ideas described in this website may be the subject of other rights, including other intellectual property rights, which are the property of or licensed (whether registered or not) to the Company, or a legal entity, and as such are protected from infringement by South African legislation and international treaties and conventions.
2. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this website are expressly reserved. Nothing in this Agreement shall be construed as the Company ceding, assigning or in any other manner transferring the licences or other Intellectual Property to the User.

The Company reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions of use from time to time. Changes to these terms and conditions of use will take effect upon such changes being posted to the MzMind Platform. It is the User's obligation to periodically check these terms and conditions of use at this website for changes or updates. The User's continued use of the MzMind Platform following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.

1. The Company retains copyright in the website and all current and future content that is displayed on the website, which is not owned by third parties. In terms of a limited license granted for general use, the Company grants the User, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the website for the User's personal, non-commercial and informational purposes only.
2. The Company grants the User permission to copy and distribute the information from the website provided that it notifies the webmaster of such use and provided that the source of the information is acknowledged by reference to the source. The website and content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial purpose without the express, prior written consent of the Company.

1. It is a term and condition of the use of this site that the User expressly agrees that the use of the site is entirely at the User's risk. The website and all content on the website is provided on an 'as is' basis and the Company makes no representations or warranties of any kind, whether express or implied, as to the accuracy of the contents on the website. The Company does not warrant that the functions provided by the site will be uninterrupted or error-free, or that the site or the server is free from viruses or other harmful components.
2. The Company, its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the User, which arises directly or indirectly upon reliance on the website and/or its content.
3. The Company, its agents or suppliers shall not be responsible for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred by the User related to the use of, or the inability to access or use, the content or the website or any functionality of the website or of any linked website, even where the Company is expressly advised thereof.
4. The User hereby indemnifies the Company, its owners, directors, employees, officials, agents, suppliers or representatives and keeps them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from the User's utilisation of this website.

1. The privacy statement applies to the Company and any legal entity which controls, verifies or makes use of information that may be collected via this site.
2. A User may visit this site without providing any personal information. A User, however, agrees to the use of such data in accordance with this privacy statement. Please note that the MzMind Platform may contain links to other sites which are not governed by this privacy statement.
3. If a User has any questions or concerns regarding this privacy statement or the User's privacy while using this website, click the 'Talk to our team' link.

1. The Company may use cookies (small text files stored in a User's browser) or web beacons (electronic images that allow this website to count users who have accessed a particular page and to access certain cookies) to ensure that the website is well managed and to facilitate improvement of the site. The Company or its service-provider(s) may use cookies to collect aggregate data. The Company may use such devices from time to time to track information on its systems and identify categories of Users by items such as IP addresses, domains, browser types and pages visited. The web administrator uses the information to analyse the number of Users of different areas of the site and to ensure that this site is serving as a useful and effective information source.
2. Neither cookies nor web beacons collect personal information such as the User's name or e-mail address. A User may reject cookies, as most browsers permit individuals to decline cookies. Under certain circumstances, Users may be denied access to some parts of this website if their browsers are set to decline cookies.

Personal information is used only for limited purposes, such as to create a personal profile to customise responses to further requests or enquiries and to improve the website. When a User chooses to register online for a Company-hosted event, the Company will use the information the User submits to respond to the User. In addition, the web administrator may, when necessary, use a User's information for various site-related tasks. The Company will ensure that any marketing activities comply with applicable law and that it has implemented procedures to obtain the necessary consent before sending the User e-mail containing information about the Company's services.

1. Although the Company may provide Users' information to service-providers that handle information on its behalf, it will usually not share the information with third parties or other public entities for secondary or unrelated purposes unless otherwise disclosed at the point of collection of such data.
2. Personal information may be transmitted internationally through the Company or to third parties for the purposes identified above. This will not include transfer to countries without data protection rules similar to those in effect in the User's country of residence. By providing information to the Company through this website, the User is consenting to such transfers.
3. Where appropriate, personal information may be disclosed to law enforcement, regulatory or other government agencies, or third parties where necessary or desirable to comply with legal or regulatory obligations or requests, or for the purposes identified above.

If personal information has been submitted to this website, Users who wish to review their personal information may do so by requesting such a review through the 'Talk to our team' link. Users will then be able to access their user profile, correct and update their details, or unsubscribe at any time. Users who have any problem accessing their profiles, or would like to request a copy of their personal information, should contact the web administrator using the 'Talk to our team' link. In all cases the Company will treat requests to access information or change information in accordance with applicable legal requirements.

The definition of the terms 'Process' and 'Personal Information' as set out in POPIA shall apply to this clause. The Company may Process Personal Information of the User, and the User accordingly consents to the Processing of the Personal Information. The Company further undertakes, in terms of POPIA, to:

1. maintain reasonable security measures similar to those considered to be best practice in its industry;
2. implement additional security measures as may be required by agreement between the Parties from time to time;
3. Process Personal Information only with the knowledge and authorisation of the User;
4. ensure that where the User's Personal Information is being transferred to a third party outside the Republic of South Africa, such third party enters into a written agreement that provides an adequate level of protection substantially similar to that of POPIA;
5. notify the other Party immediately upon becoming aware of an actual or suspected security breach;
6. indemnify the User against any loss, damages, claims, penalties, fines and/or any other cost (including legal fees) that the User may suffer due to the Company's failure to comply with POPIA and/or the provisions of this clause.

In the event that the Company is required to disclose Confidential Information pursuant to a requirement or request by operation of law, regulation or court order, it will, to the extent that it is legally entitled to do so, take such steps to limit the disclosure to the minimum extent required to satisfy such requirement and to the extent that it lawfully and reasonably can.

If the User ('Defaulting Party') commits any breach in terms of clauses 3, 6 and 7 and fails to remedy such breach within 10 business days ('Notice Period') of written notice requiring the breach to be remedied, then the Party giving the notice ('Aggrieved Party') will be entitled, at its option, to claim immediate specific performance of all or any of the Defaulting Party's obligations under this Agreement, with or without claiming damages; or to cancel this Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the Defaulting Party, and the cancellation shall take effect on the giving of the notice.

No Party shall be entitled to cancel this Agreement unless the breach is a material breach. A breach will be deemed to be a material breach if it is capable of being remedied, but is not so remedied within the Notice Period; or it is incapable of being remedied and payment in money will compensate for such breach but such payment is not made within the Notice Period.

The Parties agree that any costs awarded will be recoverable on an attorney-and-own-client scale unless the court specifically determines that such scale shall not apply, in which event the costs will be recoverable in accordance with the High Court tariff, determined on an attorney-and-client scale. The Aggrieved Party's remedies in terms of this clause are without prejudice to any other remedies to which the Aggrieved Party may be entitled in law.

1. Notwithstanding any remedies and/or claims available to the Company in terms of clause 22, the Company reserves the right to terminate and cancel this Agreement (and terminate the User's MzMind Account) as a result of a breach of clauses 3, 6 and/or 7.
2. The Company reserves the right to suspend the User's MzMind Account pending any suspicion of a breach of clauses 3, 6 and/or 7.
3. The User reserves the right to terminate this Agreement at any time.

1. Subject to the other alternative dispute resolution mechanisms stipulated in this Agreement and any prior written agreement between the Parties, any dispute arising between the Parties in connection with this Agreement shall be decided by arbitration in the manner set out in this clause.
2. The arbitrator shall be appointed by the Parties and, failing agreement thereon within 10 business days of any Party requesting such agreement, shall be nominated by the Arbitration Foundation of Southern Africa ('AFSA') out of the nominees of the Parties. Should AFSA not be in existence at the time, the nomination shall be made by the Chairman for the time being of the Johannesburg Bar Council.
3. The arbitration shall be held at Sandton, Gauteng, and in camera on the basis that such proceedings will be strictly private and confidential.
4. The arbitration shall be held in accordance with the Rules of AFSA, or if AFSA shall not be in existence, in accordance with the formalities and procedures settled by the arbitrator, which shall be in an informal and summary manner, and it shall not be necessary to observe or carry out either the usual formalities or procedures or the strict rules of evidence, and otherwise subject as aforesaid to the Arbitration Act, 1965.
5. The arbitrator shall be entitled to investigate or cause to be investigated any matter, fact or thing which he considers necessary or desirable in connection with any matter referred to him for decision; to decide the matters submitted to him according to what he considers just and equitable in all the circumstances, having regard to the purpose of this Agreement; and to make such award, including an award for specific performance, an interdict, damages or a penalty or the costs of arbitration or otherwise, as he in his discretion may deem fit and appropriate.
6. The arbitration shall be held as expeditiously as possible after it is demanded, with a view to it being completed within 60 days after it has been so demanded.
7. No provision of this clause shall preclude any Party from obtaining urgent preliminary injunctive relief from a court of competent jurisdiction pending the final decision or award of the arbitrator.
8. This clause is severable from the remainder of this Agreement and shall therefore remain in effect even if this Agreement is terminated.
9. Subject to the above, the Court having jurisdiction to enforce any award made under this clause shall be the High Court of South Africa, Gauteng Local Division (Johannesburg) and all appeal courts therefrom.

The Parties choose as their domicilia citandi et executandi their respective addresses set out in this clause for all purposes arising out of or in connection with this Agreement, at which addresses all processes and notices arising out of or in connection with this Agreement, its breach or termination may validly be served upon or delivered to the Parties.

For purposes of this Agreement the Company's address shall be: 52 Old Kilcullen Road, Bryanston, Gauteng, 2121, South Africa; email: sales@mzmind.co.za; for the attention of: the Company; or at such other address in the Republic of South Africa of which the Party concerned may notify the others in writing, provided that no street address mentioned in this sub-clause shall be changed to a post office box or poste restante.

Any notice given in terms of this Agreement shall be in writing and shall, if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery; and if transmitted by email, be deemed to have been received by the addressee on the day following the date of dispatch, unless the contrary is proved.

Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by one of the Parties from another, including by way of facsimile transmission, shall be adequate written notice or communication to such Party.

1. Unless stated otherwise, this Agreement shall in all respects (including its existence, validity, interpretation, implementation, termination and enforcement) be governed by the law of South Africa.
2. The Parties hereby consent and submit to the exclusive jurisdiction of the South Gauteng High Court of the Republic of South Africa in any dispute arising from or in connection with this Agreement.

Nothing contained herein creates or is intended to create a contract or agreement between the Company and any User visiting the website.

The Company recognises the importance of protecting children's privacy in the interactive online world, and therefore strict compliance with the provisions in respect of age restrictions must be adhered to.

These terms and conditions of use constitute the entire professional or other relationship between the Company and the user of this website. Any failure by the Company to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision. If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.