TERMS AND CONDITIONS AND TERMS OF SERVICE OF AIVOR
INDIVIDUAL DEVELOPMENT ACCOUNT CC
(Registration Number: 1990/003024/23)
AIVOR Pty Ltd (Registration number 2024/781270/07) ("AIVOR," "we" or "us") provides an AI-based costing and pricing software service ("the Service") through our website and mobile app. By signing up for an account or otherwise using the Service, you (the user, "you") agree to these Terms and Conditions. Please read these terms carefully before creating an account or making a purchase. If you do not agree, you must not use the Service.
1. GEOGRAPHIC AVAILABILITY
The Service is currently available only in Republic of South Africa. By accepting these terms, you confirm that you are accessing the Service from within Republic of South Africa and are legally eligible to do so (e.g. you are 18 years or older or otherwise have the legal capacity to enter into this agreement).
We offer a 30-day trial for R1.00 to new users. The 30 days allows you to access the full functionality of the Service for 30 days at no charge. Each user (or business) is entitled to one 30-day period. After the 30-day trial for R1.00 ends, if you have not cancelled, your account will automatically transition to a paid subscription plan.
2. SUBSCRIPTION OPTIONS
We provide monthly and annual subscription plans:
2.1 Monthly Plan
Billed each month after the 30 days period, on a recurring monthly basis.
2.2 Annual Plan
Billed upfront once per year after the 30 days period, on a recurring annual basis (often at a discounted rate compared to monthly).
By entering your payment information when signing up, you agree that once your 30 days ends, AIVOR will automatically charge the applicable subscription fee (monthly or annual, depending on your choice) to your provided payment method. Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle (monthly or yearly) unless you cancel before the next renewal date. We will continue to bill your payment method for successive subscription periods until you cancel.
3. PAYMENT AND BILLING
You must provide up-to-date and accurate payment information (such as a credit or debit card) when you sign up for the Service (even during the 30 days). No charges will be made during the 30-day trial period. Billing Commencement: Your provided payment method will be charged at the end of the trial period (unless you cancel before the trial ends) and thereafter at the beginning of each subscription period.
All prices are listed in Republic of South African Rand (ZAR) and include any applicable taxes (including Value-Added Tax [VAT]) unless stated otherwise. By subscribing, you authorize AIVOR to charge your chosen payment method for the subscription fees on a recurring basis. If a payment is not successfully processed (due to expiration, insufficient funds, or otherwise), we may attempt to contact you and retry the payment. If payment remains unpaid, we reserve the right to suspend or terminate your access to the Service until billing issues are resolved.
4. CANCELLATION AND REFUND POLICY
4.1 Cancellation
You may cancel your subscription at any time. Cancellation will prevent future renewal charges. If you cancel during the 30 days, your account will not be charged and will simply deactivate after the trial period ends. If you cancel a paid subscription, you will continue to have access to the Service until the end of your current paid billing period (month or year) that you have already paid for.
4.2 No Refunds
Subscription fees (monthly or annual) are generally non-refundable. This means that if you cancel in the middle of a paid period, you will not receive a refund for the remaining days or months, but you will retain access until the period expires. We offer the 30-day trial so you can evaluate the Service before any payment is charged. In cases of billing errors or special circumstances (as required by Republic of South African law or at our discretion), please contact customer support – we will review refund requests on a case-by-case basis.
5. USE OF THE SERVICE AND USER ACCOUNTS
When you create an account, you must provide truthful, accurate information about yourself and/or your business. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use of your account.
By using AIVOR, you agree to use the Service only for legitimate, lawful purposes related to your business's costing and pricing activities. Prohibited Conduct: You must not:
Use the Service in violation of any laws or regulations.
Allow anyone else to use your account in violation of these terms.
Attempt to copy, modify, reverse engineer, or otherwise tamper with the Service or its software.
Upload or input any harmful or malicious content into the Service, or attempt to disrupt or interfere with AIVOR’s systems.
We reserve the right to suspend or terminate your access if you violate these rules or any other provision of these Terms and Conditions.
6. DATA USAGE AND POLICY
6.1 Personal and Business Data
In order to provide the Service, AIVOR will collect and process data that you input, which may include personal information (such as your name and contact details) and business data (such as cost figures, prices, or other financial inputs you provide for calculation). By using the Service, you consent to our collection, use, and storage of this information for the purpose of operating the Service and as described here and in our Privacy Policy.
6.2 Use of Entered Data
All data you enter into the Service may be used by AIVOR in an anonymized, aggregated form for analytical, demographic, and service improvement purposes. This means we may analyse overall usage trends or average figures across many users to improve our algorithms or gain business insights, but we will not disclose any of your personal or business identifiable information to third parties without your consent. We will handle your data in compliance with applicable data protection laws, including the Republic of South African Protection of Personal Information Act (POPIA). For more details on how we protect and use your data, please refer to our Privacy Policy (available on our website/app).
6.3 Third-Party Services
We may use third-party services (such as payment processors or cloud hosting providers) as part of delivering the Service. These third parties may have access to certain personal information as necessary for their role (for example, processing your payment or storing data). We ensure that such partners are bound by appropriate data protection obligations and only use your information for the purposes of providing their services to us.
7. INTELLECTUAL PROPERTIES
All rights, title, and interest in and to the AIVOR Service (including the software, algorithms, designs, and content provided through the Service) are owned by AIVOR Pty Ltd or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the Service for your own internal business purposes, in accordance with these Terms. You do not acquire any ownership of the software or other intellectual property by using the Service.
"AIVOR" and our logos, as well as other trademarks and service marks that we use in connection with the Service, are the property of AIVOR Pty Ltd. You are not permitted to use our name or branding for any purpose (including marketing or promotions) without our prior written consent.
Any feedback, suggestions, or ideas you provide to us regarding the Service are completely voluntary, and you agree that AIVOR may use such feedback freely and without any obligation to you. This helps us improve the Service and develop new features.
8. DISCLAMERS AND LIMITATIONS OF LIABILITY
8.1 No Guarantee of Results
Our Service utilizes artificial intelligence to provide cost and pricing suggestions, but we do not guarantee that the results or recommendations will be 100% accurate, appropriate, or suitable for your specific situation. The Service is a tool to assist you, but it should not replace your own judgment or professional advice. You are responsible for all business decisions you make, including any based on information from our Service.
8.2 "As-Is" Service
The Service is provided on an "as is" and "as available" basis. While we strive to maintain a high-quality and reliable platform, AIVOR makes no warranties or representations, express or implied, about the accuracy, reliability, completeness, or timeliness of the Service. To the fullest extent permitted by law, we disclaim any implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. In plain language, this means we cannot promise the Service will meet all your expectations or that it will be error-free and uninterrupted at all times.
8.3 Limitation of Liability
To the maximum extent allowed by applicable law, AIVOR Pty Ltd (including its directors, employees, and agents) will not be liable for any indirect, special, incidental, or consequential damages arising out of or related to your use of the Service. This includes, for example, loss of profits, loss of data, business interruption, or costs incurred due to decisions you made based on information from the Service. In any event, if AIVOR is found responsible for any claim arising from the Service, our total liability to you will not exceed the amount you have paid us in subscription fees in the past twelve (12) months preceding the claim (or, if you are still in the 30 days or have not paid any fees, our liability is limited to the amount of R0). Some jurisdictions do not allow the exclusion or limitation of certain liabilities – in such cases, our liability will be limited to the fullest extent permitted by law.
8.4 Indemnification
You agree that if a third party makes a claim against AIVOR due to your actions – for example, your misuse of the Service or your violation of these Terms (including any use of the Service that infringes someone’s rights or violates the law) – then you will defend, indemnify, and hold AIVOR harmless from any such claim. This means you will be responsible for any loss or damage we suffer, including legal fees, as a result of your misuse of the Service. (In simpler terms, if your use of our Service causes harm or legal issues for anyone, you need to take responsibility for it, not AIVOR.)
9. CUSTOMER SUPPORT AND CONTACT INFORMATION
We are committed to supporting our users. If you encounter any issues with the Service, have questions about your subscription, or need assistance, you can contact our customer support team. Support Contact: You can reach us by email at support@aivor.com or by phone at +27 82 820 2344 or +27 83 276 4490. We aim to respond to customer inquiries in a timely manner and will do our best to resolve any problems you report with the Service.
For billing or account issues (including upgrade, downgrade, or cancellation requests), you may also reach out to us via the above contact information or use the account management features on our website/app.
10. GOVERNING LAW
These Terms and Conditions are governed by the laws of the Republic of Republic of South Africa. By agreeing to these terms, you consent that in the event of any dispute or claim arising out of or related to these Terms or your use of the Service, such dispute will be subject to the exclusive jurisdiction of the courts of Republic of South Africa. Nothing in this section limits any rights you may have under Republic of South African consumer protection laws, to the extent those laws are applicable.
11. ACKNOWLEDGEMENT AND AGREEMENT
By clicking "I Agree," "Sign Up," or a similar button (or by otherwise indicating your acceptance), you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you are signing up on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.
Please also review our Terms of Service (Full Agreement) and Privacy Policy available on our website or app for more detailed information. These documents contain additional terms and details that govern your use of the Service. Together, these Terms and Conditions, the full Terms of Service, and our Privacy Policy constitute the entire agreement between you and AIVOR regarding the Service.
12. TERMS OF SERVICE (Full Agreement)
12.1 Introduction
Welcome to AIVOR! These Terms of Service ("Terms" or "Agreement") govern your access to and use of AIVOR Pty Ltd AI-based costing and pricing software services, including our website and mobile application (collectively, "the Service"). This is a legally binding agreement between you (the individual or entity using the Service) and AIVOR Pty Ltd, a private limited company registered in Republic of South Africa with registration number 2024/781270/07 ("AIVOR," "we," "us," or "our").
By using or accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these Terms, you must not use the Service.
If you are using the Service on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms. In such a case, all references to "you" or "your" in this Agreement refer to the organization and its authorized users.
12.2 Geographic Scope
AIVOR currently offers the Service only to users located in the Republic of Republic of South Africa. We make no representation that the Service is available or appropriate in other locations. If you access or use the Service from outside Republic of South Africa, you do so on your own initiative and are responsible for compliance with any local laws.
13. ACCOUNTS AND ELIGIBILITY
To use our Service, you must create an account and provide certain information. You agree to provide accurate, current, and complete information during registration and to keep this information updated as needed. This includes providing a valid email address and any other information we require to set up your account.
13.1 Eligibility Requirements
You must be at least 18 years old (or the legal age of majority in your jurisdiction) to create an account, or you must have the involvement and consent of a parent or legal guardian. If you create an account on behalf of a company or organization, you must have the authority to do so and to bind the entity to these Terms. The Service is intended for use by small businesses and their authorized representatives within Republic of South Africa. By using the Service, you confirm that you meet these eligibility criteria.
13.2 Account Security
You are responsible for maintaining the confidentiality of your account login credentials. You must not share your username or password with unauthorized persons, and you agree to notify us immediately at the support contact information below if you suspect any unauthorized access to or use of your account. AIVOR will not be liable for any loss or damage arising from your failure to safeguard your account credentials.
14. 30 DAYS FOR R1.00
When you first register for the Service, you may engage with the web-based software system for 30 days prior to a monthly recurring amount for 12 months. The 30-day demo stage is intended to allow new users to try the Service without risk or obligation. During the 30 days, you will have access to the Service's features just as a paid subscriber would, though we reserve the right to impose certain usage limits during the trial if necessary (for example, to prevent abuse of the trial).
14.1 Eligibility
The 30-day demo stage is available to new customers for one time only. If you (or your business) have already received a 30-day period of AIVOR in the past, we reserve the right to decline to offer another trial.
14.2 R1 Charge During 30-day period
You will be charged a subscription fee of R1 during the 30-day period. However, you are required to provide a payment method at the start of the demo to ensure a seamless transition to a paid plan if you choose to continue using the Service after the 30-day period.
14.3 Transition to Paid Subscription
Unless you cancel before the end of the 14th-day period, your demo will automatically convert to a paid subscription on the day immediately after the demo period ends. At that time, we will charge your provided payment method for the subscription plan you selected at sign-up monthly or annually. If you did not select a plan, the default will be the monthly plan.
14.4 Cancellation During Trial Period
If you decide not to continue with the Service, you must cancel before the period expires (by 11:59 PM on the 14th day of the period) to avoid being charged. You can cancel via your account settings on the website/app or by contacting AIVOR support. If you cancel within the period, your account will be downgraded or deactivated once the 30-day period is over, and you will not be billed.
15. SUBSCRIPTION PLANS AND BILLING
After the 30 days, continued use of the Service requires a paid subscription. We offer the following subscription options:
15.1 Monthly Subscription
You will be billed monthly, in advance, on a rolling basis. The first payment is charged at the end of your 30 days (if you continue with the Service), and subsequent payments will be charged on the same day of each month thereafter (for example, if your paid subscription starts on the 5th of a month, subsequent charges occur on the 5th of each following month).
15.2 Annual Subscription
You will be billed once per year, in advance. The first annual payment is charged at the end of the 30 day period (if you continue with an annual plan), and subsequent renewals will be charged on the yearly anniversary of that date. Annual plans may offer a discounted rate compared to 12 months of the monthly plan.
15.3 Payment Method
You must provide a valid payment method (such as a credit card or debit card) to pay for the subscription. By providing your payment details, you represent that you are authorized to use the payment method and you authorize AIVOR (or our third-party payment processor) to charge the subscription fees to that payment method.
15.4 Auto-Renewal
Your subscription will automatically renew at the end of each billing period (monthly or yearly, depending on your plan) unless you cancel your subscription before the next renewal date. By default, you agree that we may automatically charge you for each renewal term. For annual subscriptions, we will send you a reminder notice (for example, via email) before renewing your subscription for another year. For monthly subscriptions, we may not send a monthly reminder, so please note the renewal dates.
15.5 Price Changes
AIVOR may change the subscription fees for future subscription periods. If the price of your subscription is due to change upon renewal, we will give you advance notice of the new fee (for example, by email or via a notice in the app) and the date it will become effective. If you do not agree to the price change, you must cancel your subscription before the new price takes effect. If you continue to use the Service without cancelling, the new fee will be charged to your payment method on the next billing date.
15.6 Taxes
All fees are charged in Republic of South African Rand (ZAR). Our prices include Value Added Tax (Value-Added Tax (VAT)) and any other applicable taxes unless we indicate otherwise. If for some reason a tax is not included and is applicable, you are responsible for paying such tax. We will clearly display the total charges (including any taxes) at the time of payment.
16. PAYMENTS AND INVOICING
Subscription fees are due and payable in advance of each subscription term. When your paid subscription begins (immediately after the trial period if you do not cancel), the first subscription payment will be processed. Thereafter:
For monthly plans, the charge will occur on the same calendar day each month as when your subscription started. If a month is shorter and does not have that date (e.g., 31st), the charge will occur on the last day of that month.
For annual plans, the charge will occur on the anniversary of your subscription start date each year.
16.1 Payment Processing
Payments will be processed by AIVOR or by a third-party payment processor on our behalf. We do not store your full credit card details on our own servers; storage and handling of payment information are managed by our PCI-DSS-compliant payment provider. By submitting your payment information, you agree to the payment processor's terms and authorize us to charge the applicable fees to your payment method.
16.2 Invoices and Receipts
Upon successful payment, we will provide a receipt or invoice for your records, usually by email or accessible through your account dashboard. This document will outline the amount charged and the subscription period it covers.
16.3 Failed Payments
If a charge is declined or fails (for example, due to an expired card or insufficient funds), we will notify you and may automatically retry the payment. Please ensure your payment information is current and accurate. If payment is not completed within a short period after the due date, AIVOR may suspend your access to the Service until the account balance is settled. You are responsible for any amounts that remain unpaid. AIVOR reserves the right to terminate your subscription if fees remain unpaid for an extended period and you do not respond to payment reminders.
17. CANCELLATION AND TERMINATION
17.1 Your Right to Cancel
You may cancel your AIVOR subscription at any time. You can cancel through your account settings on our website/app or by contacting customer support. Cancellation will stop future subscription renewals:
If you cancel a monthly subscription, you will not be billed for any subsequent months. You will retain access to the Service until the end of the current monthly billing cycle that you have already paid for.
If you cancel an annual subscription, you will not be billed for the next year. You will continue to have access until the end of the current annual term that you have paid for.
To avoid being charged for the next period, you must cancel before your next billing date. Once cancelled, we will confirm your cancellation, and no further recurring charges will be made, unless you reactivate your subscription.
17.2 Refunds
As noted above, payments are non-refundable except where required by law or at our discretion in extraordinary cases. We do not routinely provide refunds or credits for any partial subscription period or unused Service. For instance, if you cancel partway through a month or year, you will not receive a refund for the remainder of that period. We provide the 30 days to ensure the Service meets your needs before you are charged. However, if you believe a billing error has occurred or you have a special circumstance, please contact support. We will review such requests and, if the situation warrants, we may provide a refund or credit on a case-by-case basis.
17.3 Termination by AIVOR
We reserve the right to suspend or terminate your access to the service if:
You breach any of these Terms of Service or violate any applicable law or regulation in connection with your use of AIVOR.
Your payment for the subscription is overdue and remains unpaid despite notice from us.
We detect fraudulent or suspicious activity, or misuse of the Service (for example, actions that could harm other users, our systems, or violate the Acceptable Use Policy). We decide to discontinue the Service (in which case we will provide you with notice and, if you have a paid subscription, a pro-rata refund for the remaining portion of your subscription).
In most cases, if the issue is something that can be remedied, we will attempt to notify you and give you a chance to resolve the problem before terminating. However, for serious violations or legal requirements, immediate termination may be necessary.
If we terminate your account due to a breach of these Terms or misconduct, you will not be entitled to any refund of fees paid.
17.4 Effect of Termination
Upon termination or cancellation of your account, your right to use the Service will stop. We may disable or delete your account and all associated data. It is your responsibility to export or back up any important data from the Service before your account ends. We are not obligated to retain your data after termination, except as required by law. However, even after your account is deleted, some residual copies of your data might remain in our backup systems for a short period, but these will be purged in accordance with our data retention policies.
18. USER DATA AND PRIVACY
Your privacy and data security are important to us. Our practices regarding your personal information and business data are described in our Privacy Policy. By using the Service, you agree that we can collect, use, and share your information as outlined in these Terms and our Privacy Policy.
18.1 Data You Provide
In using the Service, you will provide various data, including information about your business (costs, prices, etc.) and personal details needed to create your account (name, email, etc.). You retain ownership of all the data you input into AIVOR ("User Data"). We do not claim ownership over your User Data. You are responsible for ensuring you have the rights or permissions needed to use and input any data into the Service.
By using the Service, you grant AIVOR permission (a license) to process your User Data for the purpose of providing the Service to you and any related purposes described in these Terms or our Privacy Policy. This includes, for example, displaying the data back to you in reports, running it through our algorithms to generate results, and storing it on our servers.
18.2 Use of Data for Analytics
AIVOR is continually improving its software. One way we do this is by analysing how the Service is used. You agree that AIVOR may use data entered into the Service in an aggregated and anonymized manner for analytical purposes, product improvement, and to generate industry or market insights. For instance, we might compute average costs or pricing markups across all users in a certain sector. When doing this, we will not reveal any personally identifying information or any specific business's data to other parties. Aggregated data means it’s combined with data from other users, and anonymized means we’ve removed details that identify you.
18.3 Protection of Personal Information
AIVOR will treat your personal information (and any personal information about others that may be contained in your business data) in accordance with Republic of South Africa's Protection of Personal Information Act (POPIA) and our Privacy Policy. We implement reasonable and appropriate security measures to safeguard your data from unauthorized access or disclosure. However, no method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee absolute security.
We will not sell your personal information to third parties. We will not share your information with third parties except (a) as needed to provide the Service (for example, using a cloud hosting provider to store data or a payment processor to handle billing), (b) as required by law or legal process, or (c) with your consent.
If you have questions about how we handle data or wish to exercise any rights you might have (such as accessing or deleting your personal information), please refer to our Privacy Policy or contact us using the information provided in the Contact section of these Terms.
19. LICENCE AND INTELLECTULA PROPERTY RIGHTS
19.1 License to Use the Service
Subject to your compliance with these Terms and payment of any applicable fees, AIVOR grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business purposes. This license allows you to use our web application and mobile app, and to input and retrieve your business data through the Service. You agree not to use the Service for any purpose other than as intended and permitted by AIVOR.
19.2 AIVOR’s Intellectual Property
All content, software, technology, and materials included in the Service or provided by AIVOR (collectively, "AIVOR Materials") are owned by AIVOR Pty Ltd or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. This includes (but is not limited to) the software code, algorithms, design elements, logos, text, graphics, and compilations of data used in the Service.
You agree not to copy, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise use any AIVOR Materials except as necessary for your use of the Service in compliance with these Terms. You also agree not to remove or alter any copyright notices or other proprietary markings in the Service.
"AIVOR" and all associated logos and product names are trademarks of AIVOR Pty Ltd. You are not granted any right or license to use any trademarks of AIVOR without our express written consent, except as needed to identify the Service you are using.
19.3 User Content and Feedback
Aside from the business data you input for your own use, if you choose to provide feedback, suggestions, or other communications to AIVOR about the Service ("Feedback"), you grant AIVOR a worldwide, perpetual, irrevocable, sublicensable, and royalty-free license to use and incorporate your Feedback in our products and services. This means, for example, if you suggest a new feature or improvement, we can use your idea without compensating you. We will not publicly attribute feedback or testimonials to you without your consent.
20. ACCEPTABLE USE POLICY
By using the Service, you agree to this Acceptable Use Policy and you are responsible for use of AIVOR by you and anyone accessing the Service via your account. You must use the Service in a lawful manner and with respect for the rights of others. Specifically, you agree NOT to:
20.1 Break the Law
Use the Service to violate any law or regulation, or to promote any illegal activities.
20.2 Violate Rights of Others
Upload or input any information or material into the Service that infringes any third party’s rights (such as another person’s confidential information, copyright, or personal data without permission). You also will not use the Service to defame, harass, or abuse anyone.
20.3 Harm Security
Attempt to probe, scan, or test the vulnerability of the Service or any related system or network, or breach any security or authentication measures. You will not transmit any worms, viruses, or any code of a destructive nature.
20.4 Disrupt the Service
Interfere with or disrupt the Service or servers or networks connected to the Service. This includes not engaging in denial-of-service attacks, not artificially overloading the Service, and not using any automated systems (like bots, scrapers, or scripts) to excessively call the Service in a way that could impair its performance for other users.
20.5 Misuse Accounts
Share your account with multiple users or persons not authorized by us, or use another user’s account without permission. Each user should have their own account credentials.
20.6 Reverse Engineer or Misappropriate
Attempt to reverse engineer, decipher, decompile, or disassemble any of the software used to provide the Service, or attempt to derive the source code or underlying ideas from the Service, except to the extent that such activity is expressly permitted by applicable law despite this limitation. Also, you must not use the Service to develop a competing product or service or copy features or user interfaces of the Service.
If you engage in any of the prohibited activities above or otherwise violate these Terms, AIVOR may suspend or terminate your account, and you may be subject to legal action. We may also cooperate with law enforcement and other authorities in investigating any violations of law.
We value fair and reasonable use of our Service. If your usage is significantly excessive or abusive (for example, if it threatens the stability or security of our services), we reserve the right to take appropriate measures, such as throttling your usage or discussing alternative solutions with you.
21. SERVICE AVAILABILITY AND MODIFICATIONS
AIVOR aims to provide a reliable and accessible Service, but no system is perfect and uptime cannot be guaranteed. There may be times when the Service is unavailable due to technical problems, maintenance, or factors outside our control.
21.1 Maintenance and Updates
We may from time to time perform maintenance or deploy updates to the Service. We strive to schedule maintenance during off-peak hours to minimize disruption. Whenever reasonably possible, we will provide advance notice (for example, via an announcement on our website or an email) for any scheduled downtime or significant updates.
21.2 Beta Features
Occasionally, AIVOR might offer preview or beta features as part of the Service. These features are experimental and provided on an as-is basis for evaluation. We may modify or discontinue beta features at any time. Your use of beta features is voluntary, and you understand that they might be less reliable or change in ways that regular features do not.
21.3 Modifications to Service
We reserve the right to modify the Service (for example, by adding or removing features) or discontinue the Service (in whole or in part) at any time. If we discontinue the Service or any significant feature, we will try to give you advance notice to allow you to export your data or adjust your usage. If we discontinue the Service entirely, and you have time remaining on a paid subscription, we will provide an appropriate refund for the unused portion of your subscription.
22. DISCLAIMERS AND WARRANTY
22.1 Use at Your Own Risk
You understand that you use the Service at your own discretion and risk. AIVOR uses advanced algorithms and aims to provide helpful costing and pricing information, but the accuracy and applicability of the results depend on many factors, including the data you provide. You should not rely solely on the Service for critical decisions.
22.2 No Warranties
To the fullest extent permitted by law, AIVOR disclaims all warranties of any kind, whether express, implied, or statutory, regarding the Service. This includes, but is not limited to:
Implied warranties of merchantability (that the Service meets the standard of quality for use) and fitness for a particular purpose (that the Service is suitable for your specific needs).
Any warranty that the Service will be uninterrupted, timely, secure, or error-free.
Any warranty that the information (including any results, suggestions, or calculations) obtained from the Service will be accurate or reliable.
We provide the Service "as is" and "as available". No advice or information, whether oral or written, obtained by you from AIVOR or through the Service shall create any warranty not expressly stated in these Terms.
22.3 Not Financial Advice
The Service is not intended to replace professional financial, accounting, or consulting advice. The suggestions and outputs provided by the AI are based on the inputs and assumptions you provide. Circumstances vary widely between businesses, and what works for one may not work for another. Always consider seeking advice from qualified professionals for complex decisions. AIVOR is not responsible for any decisions you make based on the Service's output.
Certain jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, any required warranties will apply to the minimum extent required by law.
23. LIMITATION OF LIABILITY
23.1 No Indirect Damages
To the maximum extent permitted by law, in no event will AIVOR Pty Ltd, its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Service. This includes any loss of profits or revenue, loss of business opportunity, loss of data, or business interruption, even if we have been advised of the possibility of such damages.
23.2 Cap on Liability
To the extent permitted by law, AIVOR's total cumulative liability to you for any direct damages or losses arising from any claim related to the Service or these Terms will not exceed the total amount of fees you have paid to AIVOR for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. If no fees were paid (for example, if you are in the trial period or using a free service), AIVOR’s total liability will be zero in such cases. This limitation applies collectively to AIVOR, its subsidiaries, affiliates, and their officers, employees, and agents.
23.3 Exceptions
We do not exclude or limit our liability to you where it would be illegal to do so. For example, nothing in these Terms seeks to limit liability for death or personal injury resulting from our negligence, or for our fraudulent misrepresentation. Additionally, if Republic of South African consumer protection law applies to you, you may have certain rights that cannot be excluded or limited, and nothing in these Terms is intended to override those rights if applicable.
You acknowledge that the fees paid (if any) for the Service reflect the allocation of risk set forth in this agreement and that AIVOR would not be able to provide the Service on an economically feasible basis without these limitations.
24. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AIVOR Pty Ltd and its affiliates, and each of their respective officers, directors, employees, and agents (the "AIVOR Parties"), from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to:
Your use or misuse of the Service;
Your violation of any term of these Terms or any policy referenced herein;
Your violation of any law or regulation or the rights of any third party in connection with your use of the Service.
This indemnification obligation includes, for example, situations where a third party sues AIVOR because of something you did. If you use AIVOR’s Service to do something illegal or infringe on someone’s rights and AIVOR is sued as a result, you would be responsible for the costs and damages.
AIVOR reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate with AIVOR in defending such matter. This indemnity obligation will survive the termination or expiration of your account and these Terms.
25. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any disputes arising out of or relating to these Terms or the Service will be governed by the laws of the Republic of Republic of South Africa, without giving effect to any conflict of law principles.
25.1 Jurisdiction
Both you and AIVOR agree that all legal claims or disputes (unless otherwise agreed in writing by the parties) will be brought exclusively in the courts of Republic of South Africa. You and AIVOR consent to venue and personal jurisdiction in such courts. If you are considered a consumer under Republic of South African law, you might be entitled to bring disputes in a forum nearer to your residence; this provision does not override any such rights.
25.2 Good Faith Resolution
Before filing a lawsuit or initiating other legal proceedings, you and AIVOR agree to first try to resolve the dispute informally in good faith. You can start by contacting us with your dispute (using the contact information below) and we will attempt to address your concerns. If we are unable to resolve the issue informally, then either party may pursue formal legal action.
25.3 Invalid Provisions
If any provision of these Terms is held to be unlawful, void, or unenforceable by a court, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. The remaining Terms will remain in effect.
26. CHANGES TO THESE TERMS
AIVOR may update or modify these Terms of Service from time to time. If we make material changes, we will notify users by posting the updated Terms on our website (and/or within the app) and by updating the "Last Updated" date at the top. In certain cases, we may also send out additional notice (such as an email notification or a prominent notice within the Service) to inform you of significant changes.
It is important that you review any updated Terms when we notify you, because if you continue to use the Service after the changes become effective, you are indicating that you accept and agree to be bound by the revised Terms. If you do not agree to the updated Terms, you should stop using the Service and cancel any subscription as necessary.
27. ENTIRE AGREEMENT
These Terms of Service, together with the shorter Terms and Conditions you agreed to at sign-up and any other legal notices or policies we incorporate by reference (such as our Privacy Policy), constitute the entire agreement between you and AIVOR regarding the Service. They supersede all prior understandings or agreements (whether oral or written) regarding the same subject matter.
27.1 No Waiver
If AIVOR fails to enforce any right or provision of these Terms, it will not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of AIVOR.
27.2 Assignment
You may not assign or transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law.
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between you and AIVOR. Neither party has the authority to bind the other or incur obligations on the other’s behalf without prior written consent.
28. CONTACT AND CUSTOMER SUPPORT
If you have any questions, concerns, or feedback about these Terms or the Service, please feel free to contact us. We are here to help and we value our users' input.
Customer Support Email: support@aivor.com (for general inquiries or support issues) Customer Support Phone: +27 82 820 2344 or +27 83 276 4490 (during business hours, if available) Business Address: AIVOR Pty Ltd, 190 Circular Drive, Lorraine, 6070, Republic of South Africa
We will do our best to respond to support inquiries promptly (typically within 1-2 business days). For urgent issues (such as problems accessing your account or billing errors), please indicate the urgency when you contact us, and we will prioritize helping you.
Thank you for choosing AIVOR to assist with your business’s costing and pricing needs. By using our Service, you agree to these Terms of Service, and we are committed to providing you with a valuable tool to help your small business succeed.