These Terms of Service ("Terms") govern your access to and use of the Dala website (dala.net.za) and its AI-powered services designed for business task execution (collectively, the "Services"). These Terms constitute a legally binding agreement between you and Dala (referred to as "Dala," "we," "us," or "our").
By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
1. Acceptance of Terms
By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2. Description of Services
Dala provides AI-powered services designed to automate and execute various business tasks. Our Services aim to enhance efficiency, reduce costs, and provide a competitive advantage by leveraging artificial intelligence. The specific functionalities and features of the AI services may evolve over time.
3. User Accounts
3.1 Account Registration
To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify Dala immediately of any unauthorized use of your account or any other breach of security. Dala will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.3 Organisational Accounts
If you register or use the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" and "your" will refer to that organisation.
4. User Conduct and Responsibilities
4.1 Acceptable Use
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Services. Prohibited behaviour includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Services.
4.2 Prohibited Activities
You agree not to:
-
Use the Services for any illegal or unauthorized purpose.
-
Violate any applicable local, national, or international law or regulation.
-
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
-
Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
-
Upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet.
-
Interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
-
Scrape, reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from us.
4.3 User Input Data
You are solely responsible for all data, text, documents, images, or other content ("User Input Data") that you input, upload, or generate using the Services. You represent and warrant that you have all necessary rights, licenses, and permissions to provide such User Input Data to Dala and to allow Dala to process it as part of the Services.
5. Intellectual Property Rights
5.1 Dala's Intellectual Property
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Dala, its licensors, or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 User Input Data Ownership
You retain ownership of all intellectual property rights in your User Input Data. By submitting User Input Data to the Services, you grant Dala a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Input Data solely for the purpose of providing, maintaining, and improving the Services.
5.3 AI Output
The output generated by the AI based on your User Input Data ("AI Output") is generally considered to be owned by you, subject to any third-party rights in the underlying AI models or data used for training. However, you acknowledge that AI Output may not always be unique and similar outputs may be generated for other users.
6. AI Service Specifics and Limitations
6.1 AI Limitations
You acknowledge that AI technologies, including those used in Dala's Services, are constantly evolving and may have limitations. The AI Output may not always be accurate, complete, current, or free from errors or biases. Dala does not warrant the accuracy, completeness, or reliability of any AI Output.
6.2 User Responsibility for AI Output
You are solely responsible for reviewing, verifying, and validating any AI Output before relying on it or using it for any purpose. You bear all risks associated with the use of any AI Output. Dala will not be liable for any decisions made or actions taken based on AI Output.
6.3 Data Privacy for AI Input
As described in our Privacy Policy, you have control over the visibility and use of your data. Data shared under the "Organisation" setting is accessible only within your organisation. Information designated as "Public" may be shared externally and can be used for marketing and promotional purposes by Dala. It is your responsibility to correctly classify your data based on its sensitivity and intended use.
7. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DALA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
DALA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DALA DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DALA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
9. Indemnification
You agree to defend, indemnify, and hold harmless Dala, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Input Data, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
10. Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may discontinue using the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town).
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
13. Contact Us
If you have any questions about these Terms, please contact us:
Email: [Insert Dala's Support Email Address Here, e.g.,
