AgenticSA Terms of Service

AgenticSA provides AI-powered business communication and automation solutions.

Depending on the plan or service selected, these may include:

• SMS AI Agents;
• WhatsApp AI Agents;
• Email AI Agents;
• AI Voice Agents;
• AI Front Desk functionality combining multiple communication channels;
• CRM integrations;
• appointment-booking functionality;
• workflow automation;
• lead qualification;
• customer-service automation;
• follow-up automation;
• reporting;
• integrations; and
• related implementation and support services.

AgenticSA may use CMART™, HighLevel and other third-party technologies, communication providers, AI models, cloud infrastructure and integrations in delivering these services.

AgenticSA does not represent that all functionality is developed, hosted or operated exclusively by Creative Media Agency.

AgenticSA is primarily a business-to-business service.

You confirm that:

• information supplied during registration is accurate;
• you have authority to enter into this agreement;
• you will use AgenticSA for lawful purposes;
• your use will comply with laws and industry requirements applicable to your business; and
• you will not deliberately use AgenticSA to deceive, harm, unlawfully contact or unlawfully process information relating to another person.

You are responsible for:

• maintaining accurate account information;
• safeguarding login credentials;
• controlling authorised users;
• protecting connected systems and credentials;
• promptly notifying us of suspected unauthorised access; and
• activity occurring through your account by persons you authorise.

You may not share account access in a manner that circumvents applicable plan limitations or security controls.

AI Agents require information about your business in order to operate effectively.

You are responsible for providing accurate, lawful and sufficiently complete information regarding matters including:

• your business;
• products and services;
• pricing;
• policies;
• frequently asked questions;
• operating hours;
• appointment rules;
• customer-service procedures;
• sales processes;
• escalation procedures;
• exclusions;
• communication preferences; and
• other information used to configure your Agent.

AgenticSA is not responsible for inaccurate AI responses caused by inaccurate, incomplete, outdated or misleading information supplied by you.

You should notify us when material business information used by an Agent changes.

Artificial intelligence is probabilistic technology.

AI-generated output may occasionally be:

• inaccurate;
• incomplete;
• outdated;
• inappropriate;
• unexpected; or
• inconsistent.

You acknowledge that AI Agents require appropriate configuration, monitoring and human oversight.

AgenticSA does not guarantee that every AI response will be correct.

You remain responsible for determining when human involvement is appropriate.

AI Agents should be configured to escalate situations involving matters such as:

• complex complaints;
• disputes;
• emergencies;
• sensitive decisions;
• unusual requests;
• professional judgement;
• high-risk transactions; or
• matters outside the Agent's approved scope.

AgenticSA is intended to help businesses automate appropriate work, not eliminate responsible human judgement.

Where required by law, platform rules, communication-provider requirements or appropriate business practice, individuals interacting with an AI Agent must be informed that they are interacting with an AI-powered system.

Customers may not intentionally configure AgenticSA to unlawfully impersonate a human or mislead a person regarding the nature of an interaction.

AgenticSA must not be used as a substitute for appropriately qualified human professional judgement.

Without appropriate professional review, AI-generated content must not be relied upon as definitive:

• medical advice;
• legal advice;
• tax advice;
• financial advice;
• investment advice; or
• other regulated professional advice.

Businesses operating in regulated industries remain responsible for determining whether and how AI may lawfully be used within their professional environment.

You retain responsibility for data and information you provide to AgenticSA or cause AgenticSA to process on your behalf.

Where AgenticSA processes personal information relating to your customers, prospects, employees or other contacts on your instructions, you are generally responsible for determining the purpose and lawful basis for that processing.

You warrant that you have appropriate authority to provide information to AgenticSA for processing.

Our Privacy & POPIA Notice and Data Processing Addendum provide further information regarding personal-information processing.

You are responsible for ensuring that communications sent through your AgenticSA account comply with applicable requirements.

This includes communications through:

• SMS;
• WhatsApp;
• email;
• AI Voice;
• telephone;
• automated workflows; and
• other connected channels.

You are responsible for establishing any consent, lawful basis, disclosure, notification or other authority required before contacting an individual.

You must honour applicable:

• opt-outs;
• unsubscribe requests;
• consent withdrawals;
• do-not-contact requests; and
• communication preferences.

AgenticSA may suspend functionality that appears to be used for unlawful spam, abusive communications or other prohibited activity.

AgenticSA may provide inbound and outbound AI Voice functionality.

You are responsible for ensuring that your use of AI Voice complies with applicable laws and communication-provider requirements.

Where appropriate or required, callers or recipients must be informed that they are interacting with an AI-powered voice system.

If call recording is enabled, you are responsible for implementing appropriate recording notices, consent procedures and privacy practices.

You may not use AgenticSA to:

• violate applicable law;
• conduct fraudulent activity;
• impersonate another person unlawfully;
• intentionally deceive customers about material matters;
• distribute unlawful spam;
• harass, threaten or abuse individuals;
• process unlawfully obtained personal information;
• bypass consent or opt-out requirements;
• distribute malware;
• interfere with platform security;
• attempt unauthorised access;
• infringe intellectual-property rights;
• generate unlawful discriminatory decisions;
• create deceptive deepfakes or identity impersonation;
• facilitate criminal activity; or
• use AI in another prohibited high-risk manner.

We may suspend or terminate access where reasonably necessary to address serious abuse, security risks, legal requirements or platform/provider restrictions.

AgenticSA depends on third-party technology.

These services may include providers supporting:

• AI models;
• CRM infrastructure;
• cloud infrastructure;
• telecommunications;
• WhatsApp;
• SMS;
• email;
• telephone numbers;
• voice technology;
• calendars;
• integrations;
• payment processing; and
• automation.

Third-party functionality may occasionally:

• become unavailable;
• experience outages;
• change;
• impose restrictions;
• modify pricing;
• discontinue functionality; or
• require configuration changes.

We cannot guarantee uninterrupted availability of third-party services outside our reasonable control.

We aim to provide reliable services but do not guarantee that AgenticSA will operate uninterrupted, error-free or continuously.

Maintenance, provider outages, telecommunications failures, internet disruption, third-party API changes, security incidents and circumstances outside our reasonable control may affect availability.

Where reasonably possible, we will work to restore affected functionality.

Features, allowances and usage limits depend on the plan purchased.

These may include limits or allowances relating to:

• SMS/WhatsApp;
• email;
• Voice AI minutes;
• telephone numbers;
• contacts;
• AI usage;
• integrations;
• workflows;
• users; and
• other resources.

Your order page, checkout, proposal or current pricing page will identify the applicable package.

Usage exceeding included allowances may incur additional charges where disclosed or agreed.

Certain AgenticSA functionality creates direct usage costs charged by underlying technology, telecommunications or AI providers.

These may include:

• AI usage;
• telephone calls;
• telephone numbers;
• SMS;
• WhatsApp;
• email;
• premium workflow actions;
• AI Voice minutes;
• AI model usage; and
• other metered services.

Where applicable, these costs may be included within an allowance, charged separately, subject to fair-use restrictions or billed as additional usage.

AgenticSA may reasonably adjust usage allowances or pricing where underlying provider costs materially change, subject to appropriate notice where required.

Current pricing is displayed on our website, checkout page, proposal, order form or other applicable sales document.

Unless expressly stated otherwise:

• prices are quoted in South African Rand;
• subscriptions are billed monthly;
• recurring fees are payable in advance;
• setup fees are separate from recurring subscription fees; and
• usage charges may apply in addition to recurring fees.

Where a setup or implementation fee applies, it may cover work including:

• onboarding;
• business-information collection;
• AI configuration;
• knowledge-base setup;
• workflows;
• integrations;
• communication-channel setup;
• telephone-number configuration;
• AI personality configuration;
• voice configuration;
• testing; and
• implementation support.

Setup fees compensate AgenticSA for work performed and resources committed to implementation.

Setup fees are non-refundable once work has commenced, except where a refund or other remedy is required by applicable law.

AgenticSA subscriptions operate on a recurring basis.

By purchasing a subscription or activating a trial requiring payment details, you authorise applicable recurring charges according to the subscription terms presented at registration or checkout.

Detailed trial and subscription conditions are contained in our 7-Day Trial & Subscription Terms, which form part of these Terms.

Payments may be processed through PayFast or another approved payment provider.

You authorise the applicable payment provider to process charges associated with your AgenticSA account.

Payment-provider services are also subject to that provider's applicable terms and policies.

If payment fails, we may:

• retry the payment;
• request updated payment information;
• restrict functionality;
• suspend the Agent;
• suspend communication channels; or
• suspend account access until outstanding amounts are resolved.

Suspension does not automatically cancel outstanding contractual payment obligations.

Unless different terms are expressly agreed in writing, subscriptions require 30 days' written notice of cancellation.

Cancellation requests should be submitted to:

hello@creativemediagency.co.za

Cancellation becomes effective in accordance with the applicable notice period and billing cycle.

During the cancellation period, the subscription and applicable charges remain active unless otherwise required by law or agreed in writing.

Nothing in this clause limits mandatory cancellation rights that cannot lawfully be excluded.

Because AgenticSA commits implementation resources and incurs underlying platform, AI, communication and technology costs associated with activated customer accounts, payments are generally non-refundable.

This includes, where applicable:

• setup fees after implementation begins;
• subscription payments;
• usage charges;
• AI charges;
• telecommunications charges;
• communication charges; and
• other consumed third-party services.

No refund is provided merely because a customer:

• changes their mind;
• does not fully use the service;
• fails to provide required setup information;
• chooses not to use included allowances; or
• cancels after a billing period has commenced.

This policy applies except where a refund, cancellation right or other remedy is required by applicable law.

AgenticSA may require information, approvals, integrations, access credentials or other cooperation from you.

Where implementation is delayed because you fail to provide required information or cooperation, AgenticSA is not responsible for resulting delays.

Specific rules regarding when the 7-Day Trial begins are contained in the Trial & Subscription Terms.

AgenticSA, Creative Media Agency and their licensors retain rights in their respective:

• software;
• systems;
• workflows;
• designs;
• templates;
• documentation;
• methodologies;
• trademarks;
• branding;
• training materials; and
• proprietary intellectual property.

Nothing in these Terms transfers ownership of AgenticSA's underlying systems or intellectual property to the customer.

Customers retain ownership of their own original business content, subject to permissions reasonably necessary for AgenticSA to provide the services.

If you voluntarily provide suggestions or feedback regarding AgenticSA, we may use that feedback to improve our services without creating an obligation to compensate you, provided we do not improperly disclose confidential information.

Each party should use reasonable care to protect confidential business information received from the other party.

Confidential information should be used only for purposes reasonably related to providing or using AgenticSA unless:

• disclosure is authorised;
• information becomes publicly available through no breach;
• disclosure is legally required; or
• another lawful basis exists.

AgenticSA provides technology, implementation and automation capabilities.

We do not guarantee specific:

• revenue;
• sales;
• leads;
• appointments;
• rankings;
• conversion rates;
• savings;
• profits; or
• other business outcomes.

Results depend on factors including:

• implementation;
• offer quality;
• market demand;
• traffic;
• lead volume;
• business processes;
• data quality;
• customer behaviour;
• configuration; and
• ongoing optimisation.

Any calculators, demonstrations, examples or projections are illustrative unless expressly identified as verified historical results.

Where AgenticSA displays platform-wide statistics or performance information supplied by an underlying technology provider such as HighLevel, those figures relate to the provider's broader ecosystem unless expressly stated otherwise.

They should not be interpreted as individual AgenticSA customer results or guarantees of future performance.

To the fullest extent permitted by applicable law, Creative Media Agency will not be liable for indirect, incidental, consequential or special losses arising from the use of AgenticSA where such liability may lawfully be limited.

This may include losses arising from:

• business interruption;
• lost opportunities;
• lost profits;
• third-party outages;
• incorrect AI output;
• customer configuration errors;
• unauthorised account use;
• telecommunications failures; or
• third-party platform changes.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

To the extent permitted by applicable law, you agree to be responsible for claims, losses or costs resulting from your unlawful use of AgenticSA, including unlawful communications, unlawful data processing, infringement of third-party rights or material violation of these Terms.

This does not apply to the extent that a claim results from conduct for which Creative Media Agency is legally responsible.

We may suspend access where reasonably necessary because of:

• non-payment;
• serious security concerns;
• suspected fraud;
• unlawful activity;
• abusive platform use;
• material breach of these Terms;
• third-party provider restrictions; or
• legal or regulatory requirements.

Where reasonably possible, we will provide notice and an opportunity to resolve the issue.

Either party may terminate the relationship according to the applicable cancellation provisions.

We may terminate or suspend services more urgently where continued service would reasonably create material:

• legal risk;
• security risk;
• fraud risk;
• abuse;
• provider-policy violation; or
• harm to third parties.

Outstanding fees incurred before termination remain payable.

AgenticSA may evolve as AI technology, provider requirements, regulations and underlying platforms change.

We may update:

• features;
• integrations;
• usage limits;
• technical requirements;
• policies;
• these Terms; or
• pricing.

Material changes affecting existing paid subscriptions will be communicated with reasonable notice where required.

These Terms are governed by the laws of the Republic of South Africa.

The parties submit to the jurisdiction of the competent courts of South Africa, subject to any mandatory rights or dispute-resolution mechanisms available under applicable law.

If any provision of these Terms is found unenforceable, the remaining provisions remain effective to the extent permitted by law.

These Terms, together with applicable:

• order forms;
• checkout terms;
• Trial & Subscription Terms;
• Privacy & POPIA Notice;
• Data Processing Addendum;
• Acceptable Use / Responsible AI policies; and
• expressly incorporated written agreements

constitute the agreement governing use of AgenticSA.

Questions regarding these Terms may be directed to:

The AgenticSA Free Trial is designed to allow eligible businesses to experience an AI Agent operating within an actual business use case before continuing with the applicable paid subscription.

The trial is an opportunity to experience configured functionality and is not a guarantee of particular commercial results.

A valid payment method is required to activate the Free Trial.

Payment details are collected and processed through PayFast or another approved payment provider.

By submitting your payment information, you authorise the applicable payment provider to store or process the payment authorisation required for the trial and subsequent subscription charges.

This is important.

Your 7-Day Free Trial does not begin merely because you complete the registration form or submit payment details.

AgenticSA first needs to configure your AI Agent.

Depending on the selected service, this may include:

• collecting business information;
• configuring the AI knowledge base;
• setting communication rules;
• setting up workflows;
• configuring SMS/WhatsApp;
• configuring email;
• configuring AI Voice;
• setting up a telephone number where applicable;
• configuring appointment functionality;
• connecting relevant systems;
• training/configuring the Agent;
• testing; and
• making agreed implementation adjustments.

This setup period does not consume your seven trial days.

Your trial begins when AgenticSA confirms that your configured AI Agent is ready for you to begin testing or using it ("Trial Activation").

The date of Trial Activation is Day 1.

We will notify you through email, WhatsApp or another agreed communication channel when the Agent is ready.

The seven-day trial period runs from that activation point.

You must provide the information reasonably required to configure your Agent.

Delays caused by missing:

• forms;
• business information;
• approvals;
• access credentials;
• integration information;
• content;
• policies; or
• responses

may delay Trial Activation.

AgenticSA is not responsible for implementation delays resulting from incomplete or delayed customer cooperation.

We encourage you to actively test your Agent during the seven-day period.

This may include:

• asking common customer questions;
• testing unusual enquiries;
• testing lead qualification;
• testing booking workflows;
• testing follow-up;
• testing escalation;
• checking tone and personality;
• checking business information; and
• identifying appropriate improvements.

Customers should notify AgenticSA promptly if material business information or responses require correction.

The trial does not guarantee that every response will be perfect.

AI systems require configuration, testing and refinement.

AI output may occasionally be inaccurate, incomplete or unexpected.

The purpose of the trial includes giving you an opportunity to evaluate the Agent's suitability for your intended business use.

The Free Trial may be subject to reasonable usage limits.

These may apply to:

• AI Voice minutes;
• calls;
• SMS;
• WhatsApp;
• emails;
• AI usage;
• workflow executions; and
• other metered services.

AgenticSA may restrict abusive, excessive, fraudulent or unreasonable trial usage.

The Free Trial may not be used to generate large-scale communications primarily for the purpose of avoiding normal paid usage charges.

Unless AgenticSA expressly agrees otherwise, the Free Trial is limited to one trial per business or substantially related business group.

Creating multiple accounts to repeatedly obtain free usage may result in trial cancellation.

Unless you cancel in accordance with the trial cancellation process before the applicable trial conversion point, your AgenticSA Free Trial will convert to the paid subscription selected during registration.

By registering for the trial and providing payment details, you authorise AgenticSA and its payment provider to charge the applicable subscription fee when the trial converts to paid service.

The applicable plan and price will be disclosed before trial registration.

The first paid subscription charge becomes due when the Free Trial ends and the account converts to the selected paid subscription, unless a different billing date is expressly stated at checkout.

Thereafter, subscription fees are generally billed monthly in advance.

AgenticSA subscriptions are recurring monthly subscriptions unless expressly agreed otherwise.

The subscription fee pays for continued access to the selected AgenticSA service and the technology/resources required to maintain the AI Agent.

Underlying technology and usage costs may continue to be incurred by AgenticSA while an account remains active.

Each plan may include specified allowances for services such as:

• SMS/WhatsApp;
• email;
• AI Voice minutes;
• AI usage;
• workflows;
• telephone services; and
• other functionality.

The current plan description, checkout page, proposal or order form determines the allowances included with your subscription.

Unused monthly allowances do not roll over unless expressly stated otherwise.

Usage exceeding your included allowance may:

• be charged separately;
• require purchase of additional usage;
• require a plan upgrade; or
• be temporarily restricted.

Where applicable, additional usage charges will be based on the pricing or billing arrangement applicable to your account.

Some AgenticSA plans include a separate setup fee.

Setup fees compensate AgenticSA for implementation work that may begin before the Free Trial itself starts.

Where applicable, the setup fee and its payment timing will be disclosed during purchase or registration.

Once implementation work has commenced, setup fees are non-refundable except where a refund or remedy is required by applicable law.

If you decide that AgenticSA is not suitable for your business, you may request cancellation before the Free Trial converts to a paid subscription.

Trial cancellation requests should be submitted using the cancellation mechanism provided or by contacting:

hello@creativemediagency.co.za

Where cancellation is validly completed before the conversion point, the recurring paid subscription will not commence, subject to any usage, setup or other charges expressly agreed separately.

Once your subscription has converted to a paid AgenticSA subscription, our standard cancellation policy applies.

Paid subscriptions require 30 days' written notice of cancellation, unless a different mandatory right applies under applicable law.

Cancellation requests must be submitted to:

hello@creativemediagency.co.za

Your Agent and subscription remain active during the applicable cancellation-notice period unless AgenticSA agrees otherwise.

Subscription charges falling due during an applicable notice period remain payable.

This is necessary because AgenticSA maintains and incurs underlying platform, AI, communication and technology costs associated with active customer accounts.

Nothing in this clause removes a cancellation right that applicable law does not permit the parties to exclude.

Payments made to AgenticSA are generally non-refundable once due and processed.

AgenticSA does not ordinarily provide refunds because a customer:

• changes their mind;
• does not use the service;
• uses only part of their allowance;
• fails to test their Agent;
• fails to provide information;
• no longer wants the service after a billing period begins;
• experiences lower-than-expected business results; or
• decides not to continue using functionality already provisioned.

AgenticSA incurs technology and provider costs associated with maintaining active services.

Accordingly, subscription, usage and setup fees are treated as non-refundable except where a refund, cancellation right or other remedy is required by applicable law.

If a recurring payment fails, AgenticSA may attempt to collect the payment again.

We may also:

• notify you;
• request updated payment details;
• restrict usage;
• suspend communication functionality;
• pause the AI Agent; or
• suspend account access.

Outstanding fees remain payable notwithstanding suspension.

AI, telecommunications and underlying platform services may involve third-party costs that change over time.

AgenticSA may therefore change:

• subscription pricing;
• included allowances;
• usage pricing; or
• plan structure.

Where a material change affects an existing subscription, reasonable notice will be provided where required.

You may request an upgrade to another AgenticSA plan.

An upgrade may result in:

• a higher recurring subscription;
• increased allowances;
• additional functionality;
• additional implementation work; or
• additional setup charges where applicable.

The applicable pricing will be communicated before the upgrade is completed.

Plan downgrades may be subject to the applicable billing cycle and notice requirements.

A downgrade may affect:

• included usage;
• communication channels;
• Voice AI minutes;
• integrations;
• workflows;
• automation;
• functionality; and
• support.

AgenticSA reserves the right to suspend or terminate a Free Trial where there is reasonable evidence of:

• fraud;
• unlawful activity;
• repeated trial registrations;
• excessive usage;
• platform abuse;
• spam;
• attempts to circumvent charges; or
• violation of our Terms.

AgenticSA relies on third-party providers.

A trial or paid subscription may therefore be affected by:

• provider outages;
• API changes;
• telecommunications disruptions;
• AI-provider changes;
• WhatsApp or messaging restrictions;
• number availability;
• email-delivery issues; or
• other events outside AgenticSA's reasonable control.

Such events do not automatically create an entitlement to a refund except where required by applicable law.

The Free Trial allows you to evaluate the functionality and usefulness of AgenticSA.

It does not guarantee:

• leads;
• sales;
• revenue;
• appointments;
• conversion rates;
• rankings;
• profits;
• cost savings; or
• any particular business result.

Results depend on your particular business, configuration, market, offer, customer volume, processes and use of the system.

These Trial & Subscription Terms form part of the AgenticSA Terms of Service.

If a provision in these Trial & Subscription Terms specifically addresses trial or subscription billing and conflicts with a more general provision in the Terms of Service, these specific Trial & Subscription Terms apply to that issue, subject always to applicable law.

Questions regarding your trial, billing, subscription or cancellation may be directed to: