Terms & Conditions

Last updated: 08th November 2024

KOLE BUSINESS SOLUTION is the developer and sole owner of the digital platform Convoo, available at https://www.convoo.co.za/ (“Platform”), including all intellectual property rights (“IP”) comprised therein. This Platform enables users to distribute and broadcast digital content to their customers, clients, or intended recipients via business messaging SaaS tools and applications (“Services”).

This End User License Agreement (“Agreement” or “EULA”) is a contract between you (“End User” or “Subscriber”) and KOLE BUSINESS SOLUTION (“KOLE BUSINESS SOLUTION”, “Convoo.co.za”, “Convoo”, “we,” “us,” or “our”), having its office at [Business Address], in respect of access to and use of our proprietary platform Convoo and the Services.

Reference to Convoo includes this website, including its subdomains; the Platform; applications for mobile, tablet, and other smart devices; the Application Program Interfaces (API); the Service; any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation.

In this EULA, “you” or “End User” refers both to you as an individual and to the entity (including its employees) you represent. This EULA governs the terms of use of Convoo. By accessing or using Convoo in whole or in part, you accept and agree to be bound by this EULA with effect from the date of access or use of Convoo (“Effective Date”). If you disagree or do not accept any provision of this EULA, you should immediately cease access to and use of Convoo.

In case of a conflict between the terms of this EULA and any specific agreement executed between you and KOLE BUSINESS SOLUTION for the provision of Convoo, the terms of such specific agreement shall prevail. This EULA applies to the entire Platform, use of Service, and any email or other communication between you and KOLE BUSINESS SOLUTION regarding Convoo. If you violate this EULA, we reserve the right to cancel or block access to your account without any notice and/or liability to you.

Unless otherwise agreed in writing, the Subscription Plans as part of the Service are subject to the following terms:

3.1. Trial. You have the option to avail a free demo of Convoo for a short and non-renewable trial period. Some features may not be available during the trial. Details and conditions for the trial will be made available to you upon creating your demo account. The trial period will end automatically and will not convert into a paid Subscription unless you actively purchase one. KOLE BUSINESS SOLUTION reserves the right to (i) modify the trial offer’s terms and conditions, or (ii) cancel the offer without notice.

3.2. Subscription Plans. Prices, descriptions, or availability of Subscriptions through different plans are available at https://www.convoo.co.za/pricing/ and are subject to change without notice (“Subscription Plans”).

3.3. Subscription Term. Subscriptions allow you to access and use Convoo continuously or regularly over a specific period (“Subscription Term”). Paid Subscriptions begin when payment is received by KOLE BUSINESS SOLUTION. You will be billed in advance on a recurring basis depending on the type of Subscription plan you select.

3.4. Purchasing Process. All steps from choosing a Subscription Plan to placing the order via the Platform form part of the purchasing process.

3.5. Subscription Fee. You will be informed of applicable fees, taxes, and costs during the purchasing process before submitting an order. Displayed Subscription Plan prices (“Subscription Fee”) exclude any applicable duties, taxes, and costs. KOLE BUSINESS SOLUTION may modify the Subscription Fee with prior notice; continued use of Convoo after the fee change takes effect will constitute an agreement to pay the modified fee.

3.6. Payment. Accepted payment methods will be available during the purchasing process.

3.7. Automatic Renewal. All Subscriptions renew automatically for the same duration as the original Subscription Term using the payment method you selected at purchase.

3.8. Termination. You may terminate a paid Subscription at any time by sending a clear and unambiguous written notice to KOLE BUSINESS SOLUTION. Subscriptions cannot be terminated prematurely and will expire upon completion of the subscription term.

3.9. Excess Usage, Additional Services. If you exceed your paid Subscription limit or opt for additional Services, you will incur additional charges.

3.10. Disputed Invoice. If you dispute any part of an invoice, you must pay the undisputed portion and submit a written claim for the disputed amount within seven (7) days.

3.11. Late Payment. Failure to make timely payments entitles KOLE BUSINESS SOLUTION to suspend access to Convoo until payment is received, or levy an interest of 1.5% per month on past-due amounts.

3.12. Third-Party Fees. All fees charged by Convoo exclude charges from Third Parties for access or use of their services, which shall be your responsibility.

3.13. Refund. Paid Subscriptions are non-cancellable and non-refundable.

11.1 AI-Generated Content. When the End User uses Convoo’s AI services and features (“AI Features”), the End User may submit inputs (e.g., queries, text, data) and receives outputs generated by the AI model based on those inputs. Both inputs and outputs are considered End User Data. The End User is solely responsible for End User Data and agrees not to use the AI Features in any way that infringes, violates, or misappropriates the rights of KOLE BUSINESS SOLUTION or any third party. These outputs are intended to assist the End User and are provided as part of the platform’s services. The End User acknowledges that AI-generated content may not be entirely accurate, complete, or suitable for all purposes. Due to the nature of machine learning, the outputs may not be unique, and identical or similar outputs may be produced for other users.

11.2 Responsibility for AI-Generated Content. The End User is solely responsible for evaluating and verifying AI-generated content before relying on it or using it in any decision-making process. The End User should exercise caution and, where necessary, seek professional advice to ensure the AI-generated content is appropriate and accurate for their specific use case.

11.3 No Liability for AI-Generated Content. KOLE BUSINESS SOLUTION does not warrant the accuracy, reliability, or completeness of AI-generated content and shall not be liable for any errors, omissions, or potential harm arising from its use. The End User agrees that any reliance on AI-generated content is at their own risk.

11.4 Usage Limitations. Access to AI Features may be restricted based on the End User’s Subscription Plan, which may limit or deny usage. If the End User exceeds the usage limit associated with their Subscription Plan, they will (i) purchase additional usage or (ii) KOLE BUSINESS SOLUTION may suspend or reduce AI Feature performance. The End User agrees not to use AI-generated content for unlawful or harmful activities, including but not limited to decisions impacting individuals or groups, such as those related to employment, financial credit, housing, or legal matters.

11.5 Prohibited Activities. The End User agrees not to use the AI Features:

11.5.1 To develop, create, or support any SaaS product (including foundational models) that competes with Convoo;
11.5.2 To mislead any third party into believing that any AI-generated output was solely human-produced; and
11.5.3 In any manner that violates these terms, KOLE BUSINESS SOLUTION’s documentation, usage guidelines, or policies.

11.6 Consent to Data Processing and Sharing. The End User consents to KOLE BUSINESS SOLUTION processing and sharing End User Data (including inputs and related data) for the purpose of providing AI-generated content. This may include sharing the End User Data with third-party AI service providers that power or enhance AI Features.

11.7 AI Features Evolution. The End User acknowledges that AI Features may be updated or improved, which may result in variations in output over time. KOLE BUSINESS SOLUTION reserves the right to modify, enhance, or discontinue any AI Features without prior notice.

11.8 End User’s Acknowledgment. By using AI Features, the End User understands and agrees that:

11.8.1 AI-generated output may not always be accurate, and KOLE BUSINESS SOLUTION is not liable for any inaccuracies. The End User should not rely on AI-generated output as the sole source of truth, factual information, or a substitute for professional advice;
11.8.2 The End User is responsible for evaluating the accuracy and appropriateness of AI-generated output, including human review as necessary;
11.8.3 The End User must not use AI-generated output in ways that could have legal or significant impacts on individuals, such as decisions about credit, employment, housing, or legal matters;
11.8.4 AI Features may produce outputs that are biased, incomplete, incorrect, inappropriate, or offensive, which do not reflect KOLE BUSINESS SOLUTION’s viewpoints. References to third-party products or services do not imply endorsement or affiliation by those third parties.

13.1 Communications. All communications regarding this EULA shall be in writing and sent to:

Legal Department
KOLE BUSINESS SOLUTION
304 Rikhozi St
Meadowlands West Zone 6, Meadowlands West, 1852
Email: hello@kole.co.za

13.2 Third Party Beneficiary. The entirety of the contractual arrangement concerning Convoo is exclusively between you and KOLE BUSINESS SOLUTION. However, if Services are provided in collaboration with a third party, such third party holds the right to enforce this EULA as a third-party beneficiary.

13.3 Survival. Provisions of the Agreement intended by their nature to survive its expiration or termination will remain in effect.

13.4 Compliance with Laws. You agree to comply with all applicable laws in South Africa regarding End User Data and use of Convoo. You shall not use Convoo in or in relation to activities involving any country subject to comprehensive economic sanctions (including, without limitation, Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine), nor involving any party in violation of applicable trade control laws, or activities requiring government authorization without obtaining prior written consent from KOLE BUSINESS SOLUTION and the necessary authorization. You further agree not to use Convoo in connection with any individual, entity, or organization subject to trade sanctions or embargoes by South Africa or any applicable jurisdiction, including those listed on the U.S. OFAC Specially Designated Nationals List or similar sanctions lists.

13.5 Variation. KOLE BUSINESS SOLUTION reserves the right to change, modify, amend, update, or expand (“Variations”) the terms of this EULA with written notice to you. Continued use of Convoo after receipt of such notice will constitute your acceptance of the Variations.

13.6 Force Majeure. Except for payment obligations, neither party will be liable for delays or failures to perform due to causes beyond their reasonable control (including force majeure events).

13.7 Severability. If a court of competent jurisdiction finds any term of this EULA to be invalid, illegal, or otherwise unenforceable, such term will not affect the remaining terms of the EULA, which will be modified to the extent necessary to render them enforceable.

13.8 Subcontractors. KOLE BUSINESS SOLUTION may provide Convoo through subcontractors (including affiliates), remaining fully responsible for their performance.

Convoo Terms and Conditions

END USER LICENSE AGREEMENT (EULA)

1. END USER WARRANTIES

2. GRANT OF LICENSE

3. SUBSCRIPTION

4. END USER RIGHTS AND OBLIGATIONS

5. MEDIA CONTENT AND END USER DATA

6. KOLE BUSINESS SOLUTION WARRANTIES

7. BREACH AND NON-COMPLIANCE

8. INDEMNITY

9. LIMITATION OF LIABILITY

10. INTELLECTUAL PROPERTY RIGHTS

11. AI FEATURES

12. GOVERNING LAW AND DISPUTE RESOLUTION

13. ADDITIONAL TERMS

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