Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Woosh.ai website located at https://woosh.ai (the "Website") and any consulting, implementation, AI systems, agents, workflows, dashboards, or related services provided by Woosh.ai (collectively, the "Services").

By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or Services.

These Terms are intended to comply with the laws of the Republic of South Africa, including the Protection of Personal Information Act, 2013 ("POPIA").

1. Who We Are

Woosh.ai ("Woosh", "we", "us", or "our") is an AI systems studio that designs, builds and operates custom AI solutions and agents for businesses and agencies.

If you have any questions about these Terms, you can contact us at: Email: hello@woosh.ai

2. Eligibility and Business Use

The Services are intended primarily for business and professional use. By using the Services, you confirm that you are at least 18 years old and are acting on behalf of a business or in your professional capacity, with authority to bind that business to these Terms.

3. Additional Agreements

Use of certain Services may be subject to a separate Service Agreement, proposal, or statement of work, and/or Service-Specific Terms. If there is any conflict between these Terms and a signed Service Agreement, the Service Agreement will prevail.

4. Description of Services

Woosh may provide: AI strategy and consulting; design, build and deployment of AI agents and workflows; integration with third-party systems; dashboards and reporting; ongoing maintenance and support. The exact scope is defined in the relevant Service Agreement or order form.

5. Use of the Website

You agree to use the Website only for lawful purposes; not to attempt unauthorised access; not to transmit malicious code; and not to copy, modify, distribute, or lease any part of the Website except as allowed in writing by Woosh. We may suspend or restrict access at any time.

6. Client Data and Content

Client Data means data, content, or materials you provide or we access on your behalf. You retain all rights in your Client Data and grant Woosh a licence to use it to provide and improve the Services. You are responsible for ensuring you have rights and consents to provide Client Data and that it is accurate and lawful. Where Client Data includes personal information under POPIA, you are the responsible party and Woosh is the operator; we process it on your instructions and in accordance with our Privacy Policy.

7. AI and Model Usage

Woosh's Services may use third-party AI models. You acknowledge that AI systems may generate incorrect or incomplete outputs and are probabilistic. You remain responsible for how AI outputs are used and for human oversight and compliance. Suites and retainers include a fair-use budget for AI model usage; very high usage may be subject to additional charges as agreed.

8. Third-Party Services

Woosh may integrate with third-party products. Your use of those services is subject to their terms and privacy policies. Woosh is not responsible for third-party services. You are responsible for maintaining your own accounts and complying with their usage policies.

9. Fees, Invoicing and Payment

Fees are set out in the applicable Service Agreement, proposal or order form. Unless otherwise stated, fees are exclusive of VAT; invoices are payable within 30 days; late payments may accrue interest or result in suspension. Minimum term commitments and early termination charges may apply as specified in the Service Agreement.

10. Intellectual Property

Woosh retains all rights in the Website, software, methodologies, frameworks, and tools ("Woosh IP"). Unless otherwise agreed, you receive a non-exclusive licence to use deliverables for your internal business purposes. Woosh may re-use generic components for other clients without disclosing your confidential information. Woosh may reference you as a client in marketing materials unless you request otherwise in writing.

11. Confidentiality

Each party may have access to the other's confidential information. Each agrees to use it only for performing or receiving the Services, not to disclose it except to those who need to know and are bound by similar obligations, and to take reasonable measures to protect it. Confidentiality does not apply to information that is publicly available, was lawfully known beforehand, is independently developed, or must be disclosed by law.

12. Warranties and Disclaimers

Woosh will provide the Services using reasonable skill and care. Except as expressly stated, the Website and Services are provided "as is". We do not warrant that the Services or AI outputs will be error-free or meet your specific requirements. You acknowledge that AI performance may vary and Woosh cannot guarantee specific business outcomes.

13. Limitation of Liability

To the maximum extent permitted by law, Woosh will not be liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, business, goodwill, data or anticipated savings. Woosh's total aggregate liability will be limited to the fees actually paid by you in the 12 months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under South African law.

14. Indemnity

You agree to indemnify Woosh, its directors, employees and agents from claims, damages, losses, liabilities, costs and expenses arising from your use of the Website or Services in breach of these Terms, your violation of law or third-party rights, or Client Data that infringes third-party rights or violates law.

15. Suspension and Termination

Woosh may suspend or limit access if you breach these Terms, pose a security risk, or fail to pay. Either party may terminate as set out in the Service Agreement. On termination, your right to use terminated Services ends; you remain responsible for fees due; Woosh will provide a copy of relevant Client Data on request subject to applicable fees, unless legally required to keep or delete it.

16. Privacy

Our Privacy Policy, available on the Website, explains how we collect, use and protect personal information in accordance with POPIA. By using the Website or Services, you acknowledge that we will process personal information as described in the Privacy Policy.

17. Changes to These Terms

We may update these Terms from time to time and will post the updated Terms with a revised "Last updated" date. Your continued use after changes constitutes acceptance. If you do not agree, you must stop using the Website and Services.

18. Governing Law and Jurisdiction

These Terms and any dispute shall be governed by the laws of the Republic of South Africa. The courts of South Africa will have exclusive jurisdiction.

19. General

These Terms, together with any applicable Service Agreements, constitute the entire agreement. If any provision is invalid, the rest remain in force. No waiver arises from failure to exercise a right. You may not assign your rights without Woosh's consent; Woosh may assign in connection with a merger, acquisition, or sale of assets.