Terms & Conditions
Last updated: May 2026
1. Agreement
These Terms & Conditions ("Terms") govern your use of the K.I.N.D AI Platform ("Platform"), operated by K.I.N.D AI (Pty) Ltd ("KIND", "we", "us"). By accessing the Platform or signing a Service Order Form, you agree to these Terms.
Your complete agreement set consists of: the signed Service Order Form, the Master Services Agreement (MSA), the POPIA Compliant Process document, and any applicable Exhibits (including the Chatbot SLA). The Order Form incorporates all of these by reference.
2. Services
KIND provides AI-powered business services including Lead Generation, Virtual Assistant, AI Chatbot Agent, and the FIGSY AI SDR product. The specific services, tiers, and pricing applicable to your account are set out in your Service Order Form.
3. Payment & Billing
Fees are billed monthly or annually as selected. All prices are in USD unless otherwise stated. ZAR billing applies the exchange rate at date of invoice. Payments are processed via Paystack. Subscriptions auto-renew unless cancelled at least 5 business days before the renewal date.
Trial periods, where offered, are 14 days. At trial end, a subscription must be activated to retain access.
4. Acceptable Use
You may not use the Platform to: (a) contact leads who have opted out; (b) send unsolicited commercial communications in violation of POPIA, GDPR, or CAN-SPAM; (c) reverse engineer any component of the Platform; (d) resell access without written permission.
5. Data & Privacy
KIND processes personal data as a data operator on your behalf. Our data practices are set out in the POPIA Compliant Process document and our Privacy Policy. You remain the responsible party for all leads you contact. You must ensure your use of leads complies with applicable law including POPIA, GDPR, and CAN-SPAM.
6. Intellectual Property
All Platform technology, AI models, and proprietary processes remain KIND's exclusive property. Client data remains the client's property. KIND is granted a licence to process client data solely to deliver the contracted services.
7. Limitation of Liability
To the maximum extent permitted by law, KIND's liability is limited to fees paid in the 3 months preceding any claim. KIND is not liable for indirect, consequential, or lost-profit damages.
8. Governing Law
These Terms are governed by the laws of South Africa. Disputes shall be resolved in the courts of South Africa, or by arbitration if mutually agreed. For GDPR-covered clients, EU law applies to data processing matters.
9. Contact
Questions about these Terms: legal@kind.ai