Terms of Service

1. Introduction

These Terms of Service govern access to and use of the Aperture AI website, products, services, software, and related content.

Aperture AI is headquartered in Cape Town, Western Cape, South Africa. These Terms are governed by the laws of the Republic of South Africa.

By accessing or using the Aperture AI website or services, you agree to be bound by these Terms. If you do not agree, you must not use the website or services.

2. Definitions

In these Terms:

Aperture AI, we, us, or our refers to Aperture AI.
Website refers to aperture-ai.tech and associated web properties.
Services refers to any products, software, platforms, APIs, tools, or services provided by Aperture AI.
User, you, or your refers to any person or entity accessing or using the website or services.
Content refers to all text, data, software, code, models, graphics, documentation, and other materials provided through the services.

3. Eligibility and Authority

You may use the website and services only if:

You are at least 18 years old, or have the consent of a legal guardian.
You have the legal capacity to enter into a binding agreement.
If acting on behalf of an organisation, you warrant that you have authority to bind that organisation.

4. Scope of Services

Aperture AI provides artificial intelligence related software, tools, and services, which may include web-based applications, APIs, analytics, automation, and related features.

The availability, features, and functionality of the services may change from time to time. Aperture AI does not guarantee that any specific feature will remain available.

5. Account Registration and Security

Where account creation is required:

You must provide accurate and complete information.
You are responsible for maintaining the confidentiality of login credentials.
You are responsible for all activity occurring under your account.
You must notify us immediately of any unauthorised access or security breach.

Aperture AI may suspend or terminate accounts that are compromised or misused.

6. Acceptable Use

You agree not to:

Use the services for unlawful, fraudulent, or misleading purposes.
Interfere with the security or integrity of the website or services.
Attempt to gain unauthorised access to systems or data.
Reverse engineer, decompile, or attempt to extract source code except to the extent permitted by law.
Use the services to infringe intellectual property rights or privacy rights.
Upload or transmit malware, harmful code, or malicious content.
Use the services in a manner that violates applicable laws or regulations.

Aperture AI may investigate violations and take appropriate action, including suspension or termination.

7. Intellectual Property

All intellectual property rights in the website, services, and content are owned by or licensed to Aperture AI, unless otherwise stated.

Nothing in these Terms grants you ownership of any intellectual property. You are granted a limited, non-exclusive, non-transferable right to access and use the services for their intended purpose.

You may not copy, modify, distribute, or create derivative works without prior written consent.

8. User Content

Where you submit content, data, or materials to the services:

You retain ownership of your content.
You grant Aperture AI a limited licence to host, process, and use such content solely to provide and improve the services.
You represent that you have the necessary rights and permissions to submit the content.

Aperture AI does not claim ownership of customer data and does not use it to train models unless explicitly agreed otherwise.

9. Confidentiality

Each party agrees to treat confidential information obtained through the use of the services as confidential and not to disclose it except as required to perform obligations or as required by law.

10. Fees and Payment

Where services are provided on a paid basis:

Fees, billing cycles, and payment terms will be disclosed at the time of purchase or in a separate agreement.
Fees are exclusive of applicable taxes unless stated otherwise.
Failure to pay may result in suspension or termination of access.
All payments are non-refundable unless required by law or explicitly stated otherwise.

11. Third-Party Services

The services may integrate with or link to third-party products or services.

Aperture AI is not responsible for the availability, functionality, or content of third-party services. Your use of third-party services is governed by their own terms.

12. Data Protection and Privacy

Personal information is processed in accordance with the Aperture AI Privacy Policy and applicable data protection laws, including the Protection of Personal Information Act 4 of 2013.

By using the services, you acknowledge and accept our Privacy Policy.

13. AI-Specific Disclaimer

Aperture AI services may generate outputs based on probabilistic models and training data.

You acknowledge that:

Outputs may be inaccurate, incomplete, or inappropriate.
Outputs should not be relied upon as legal, medical, financial, or professional advice.
You remain responsible for verifying outputs before use.

Aperture AI does not guarantee accuracy, correctness, or suitability of AI-generated outputs.

14. Suspension and Termination

Aperture AI may suspend or terminate access to the services:

For breach of these Terms.
For unlawful or harmful use.
To comply with legal obligations.
To protect system integrity or other users.

You may stop using the services at any time. Termination does not affect accrued rights or obligations.

15. Limitation of Liability

To the maximum extent permitted by law:

The website and services are provided on an as-is and as-available basis.
Aperture AI makes no warranties, express or implied.
Aperture AI will not be liable for indirect, incidental, consequential, or special damages.
Aperture AI's total liability arising out of or in connection with the services will be limited to the amount paid by you to Aperture AI in the preceding 12 months, or zero where services are provided free of charge.

Nothing in these Terms limits liability for gross negligence, fraud, or any liability that cannot be excluded under South African law.

16. Indemnification

You agree to indemnify and hold harmless Aperture AI from any claims, losses, damages, liabilities, and expenses arising from your use of the services or breach of these Terms.

17. Force Majeure

Aperture AI is not liable for failure or delay caused by events beyond its reasonable control, including acts of God, power outages, strikes, natural disasters, or internet failures.

18. Changes to the Services or Terms

Aperture AI may modify the services or these Terms from time to time. Updated terms will be posted on the website.

Continued use of the services after changes constitutes acceptance of the updated Terms.

19. Governing Law and Jurisdiction

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

The courts of South Africa shall have exclusive jurisdiction over any disputes arising from or related to these Terms or the use of the services.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

21. Assignment

You may not assign or transfer these Terms without prior written consent. Aperture AI may assign its rights and obligations as part of a business transfer or restructuring.

22. Entire Agreement

These Terms constitute the entire agreement between you and Aperture AI regarding use of the website and services, unless supplemented by a separate written agreement.

23. Contact Information

For questions or legal notices relating to these Terms, contact:

Aperture AI
Cape Town, Western Cape, South Africa
Email: dpa@aperture-ai.tech