Welcome to We Envision Ai (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of our software services and platforms (collectively the “Services”). By accessing or using our Services, you agree to comply with these Terms. If you do not agree to these Terms, you must not use our Services.
For clarity in these Terms, the following definitions apply:
Software: Refers to the code, applications, and other materials developed by us for you in terms of any agreement reached, quote accepted, or instruction given.
Intellectual Property Rights: Refers to all patents, copyrights, trademarks, trade secrets, and any other form of intellectual property rights recognized in any jurisdiction, whether registered or not.
License Fee: Refers to the fee payable by you for the right to use the Software.
Due Date: Refers to the date by which you are required to make payment as specified on the invoice.
Late Payment Interest: Refers to the interest that accrues on any late payments as stipulated in these Terms.
Services: Refers to any software development services provided by us.
Development Fees: Refers to the fees charged by us for the development, amendment, or enhancement of any Software.
Scoping Fees: Refers to the fees charged by us for the initial assessment and scoping of the Software project requirements.
Testing Fees: Refers to the fees charged by us for testing the Software to ensure it meets specifications and quality standards.
We Envision Ai offers a comprehensive range of technology solutions, including Software as a Service (SaaS), customizable white-label software, and bespoke software development tailored to client specifications. We retain full ownership of the intellectual property developed under these Services.
To access certain features of our Services, you may need to create an account. You agree to:
Certain aspects of our Services may require payment. You agree to pay all applicable fees and charges, including License Fees, Development Fees, Scoping Fees, and Testing Fees. All payments are non-refundable unless otherwise stated in these Terms or required by law.
Definition of Intellectual Property:
For the purposes of this Agreement, “Intellectual Property” refers to all creations, inventions, designs, software, algorithms, databases, trademarks, copyrights, patents, and other proprietary rights, whether registered or unregistered, conceived or developed by We Envision Ai in the course of providing the Services.
Ownership:
All Intellectual Property created, developed, or provided by We Envision Ai, including software, designs, processes, and any improvements or modifications, remains the exclusive property of We Envision Ai. Unauthorized use of Intellectual Property may result in termination of the license and legal action.
User’s Rights and Restrictions:
You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Software and Services in accordance with these Terms. This license does not grant any rights to the underlying source code or proprietary processes. You may not:
Reservation of Rights:
We Envision Ai reserves all rights not expressly granted to you under these Terms.
Consequences of Intellectual Property Infringement:
If you infringe on our Intellectual Property, you may be liable for damages, including legal fees and compensation for losses. We reserve the right to terminate your license and seek further legal recourse.
Third-Party IP:
If the Software or Services incorporate third-party IP, We Envision Ai will obtain necessary licenses. Your use of third-party IP will be subject to those license terms.
We reserve the right to use, sell, license, or otherwise exploit the Software we develop unless the project has been explicitly agreed upon as an exclusive development where you retain rights to the deliverables.
Failure to make payment by the Due Date will result in suspension or termination of your access to the Software and Services after 10 days’ notice. Late payments incur a Late Payment Interest of 2% per month, compounded monthly. A Disconnect or Reconnect Fee of 10% of the total outstanding invoice will be charged. You remain responsible for any legal or collection fees incurred due to non-payment.
Both parties agree to protect each other’s confidential information with at least a reasonable degree of care. Confidential information does not include publicly known information or that obtained from a third party without breach. This obligation survives termination of the Agreement for a period of five (5) years.
We comply with the Protection of Personal Information Act (POPIA). By using our Services, you consent to the processing of your personal data in accordance with our Privacy Policy, which outlines user rights under POPIA, including the right to access or delete personal data.
Screenshots and recordings of the Software or Services without written consent are prohibited. No third-party access is allowed without prior consent. Unauthorized elevation of user permissions will result in immediate termination of access.
You agree to indemnify and hold We Envision Ai, its directors, officers, and agents harmless from claims arising from your use of the Software and Services. In the event of a claim, We Envision Ai may assume control of the defense, and you agree to cooperate.
You agree not to solicit or hire any employee, consultant, or contractor of We Envision Ai for 24 months following termination of this Agreement.
We Envision Ai is not liable for any indirect, incidental, or consequential damages, including loss of profits, data, or goodwill arising from your use or inability to use the Services.
These Terms are governed by South African law. The parties submit to the exclusive jurisdiction of the courts in KZN, Durban.
Disputes will be resolved by binding arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA). Each party is entitled to legal representation during arbitration.
These Terms constitute the entire agreement between the parties and supersede all prior agreements.
We reserve the right to modify these Terms. Changes will be effective immediately upon posting. You will be notified via email or system notification.
If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
We will maintain records of your acceptance of these Terms for legal reference.
For any questions, please contact us at 031 830 5329.
By using our Services, you acknowledge that you have read, understood, and agree to these Terms.
By logging into and using our system, you acknowledge and warrant that you have full legal authority to grant access to any third-party systems, applications, or platforms that are connected or integrated with our system. You also acknowledge that We Envision Ai does not verify the authority of users granting such access, and we shall not be held liable for any unauthorized access or connection made as a result of your use of our Services.
You agree to indemnify and hold We Envision Ai harmless against any claims, damages, liabilities, losses, or expenses arising from unauthorized access or connections made without proper authorization. It is your responsibility to ensure that all necessary permissions and authorizations are obtained before connecting our system to any third-party system.
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