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Terms and Conditions of Use

Effective date: [DATE]Last updated: [DATE]

Draft, pending legal review. The highlighted fields are completed once the operating entity is incorporated and confirmed, and this document should be reviewed by a South African attorney with financial services regulatory experience before it is relied on.

These Terms and Conditions ('Terms') govern access to and use of the INVESTA website, mobile application, and related services (together, the 'Platform' or 'INVESTA'), operated by [COMPANY NAME] (registration number [REGISTRATION NUMBER]), a company incorporated in the Republic of South Africa, with its registered address at [PHYSICAL ADDRESS] ('INVESTA', 'we', 'us', or 'our').

Placeholder fields shown in [square brackets] must be completed once the operating entity is incorporated and confirmed. We strongly recommend that these Terms, and the surrounding regulatory positioning (see Section 4), be reviewed by a South African attorney with financial services regulatory experience before the Platform is made publicly available.

1.Acceptance of These Terms

1.1By creating an account, accessing, or using INVESTA in any way, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Platform.

1.2You confirm that you have the legal capacity to enter into a binding agreement with us. If you are accessing INVESTA on behalf of a minor or with a minor's assistance, please see Section 5 (Eligibility).

1.3We may update these Terms from time to time in accordance with Section 17. Your continued use of the Platform after any update constitutes your acceptance of the revised Terms.

2.Definitions

2.1'AI-Generated Content' means any coaching message, explanation, suggestion, simulation, chart, or other output produced by INVESTA's artificial intelligence features, including content generated using large language model technology provided by third-party AI providers.

2.2'Content' means all text, graphics, tools, calculators, educational material, AI-Generated Content, and other material made available through the Platform.

2.3'Subscription' means a paid tier of access to the Platform, as further described in Section 7.

2.4'User', 'you', or 'your' means any individual who registers for, accesses, or uses the Platform.

2.5'User Content' means any information, data, or material that you submit, upload, or input into the Platform, including financial information you choose to provide for the purpose of receiving personalised educational content.

3.What INVESTA Is: Financial Education, Not Financial Services

3.1INVESTA is a financial education and coaching platform. Its purpose is to help users, primarily young South Africans, build general knowledge, confidence, and healthy habits around budgeting, saving, investing concepts, debt, and related personal finance topics.

3.2All Content on INVESTA, including AI-Generated Content, is provided for general informational and educational purposes only. It is designed to explain concepts, illustrate ideas, and prompt reflection. It is not, and must never be treated as, a recommendation to buy, sell, hold, or otherwise transact in any specific financial product, security, or investment.

3.3INVESTA does not know your full financial position, tax circumstances, risk profile in the regulatory sense, or personal objectives in the way a licensed adviser would through a formal needs analysis. Any personalisation you see reflects the information you have chosen to share with the Platform and general educational logic, not a regulated advice process.

4.Not Financial Advice and Not a Licensed Financial Services Provider

This is the single most important section of these Terms. Please read it carefully.

4.1INVESTA, and the entity operating it, is not a financial services provider licensed under the Financial Advisory and Intermediary Services Act 37 of 2002 ('FAIS Act'), is not authorised by the Financial Sector Conduct Authority ('FSCA') to render financial advice or intermediary services, and does not hold any category of FSP licence.

4.2Nothing on the Platform constitutes financial advice, investment advice, tax advice, legal advice, or any other form of regulated advice as defined in the FAIS Act or any other applicable law. No content, feature, chat response, or output generated by INVESTA should be construed as a personal recommendation regarding any particular financial product.

4.3No adviser-client, broker-client, or fiduciary relationship is created between you and INVESTA, and INVESTA owes you no duty of care of the kind owed by a licensed financial adviser.

4.4Where INVESTA's AI features respond to questions about your personal circumstances, they do so by applying general educational principles to the information you provide. This is fundamentally different from, and must not be relied upon as a substitute for, a formal financial needs analysis, suitability assessment, or advice process conducted by an authorised financial services provider or its representative.

4.5Before making any decision to buy, sell, switch, or hold any financial product, or to open, close, or restructure any investment, retirement, insurance, or banking product, you should obtain advice from an appropriately authorised and licensed financial adviser, and, where relevant, independent tax and legal advice. INVESTA strongly encourages users to consult a licensed professional for advice tailored to their individual circumstances.

4.6Any past performance information, projections, illustrations, or examples shown on the Platform are for illustrative and educational purposes only. They do not predict or guarantee future results, and actual outcomes will differ, potentially significantly, from any example shown.

5.Eligibility and Registration

5.1You must provide accurate, current, and complete information when registering and using the Platform, and must keep this information up to date.

5.2You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [SUPPORT EMAIL] if you suspect unauthorised access to your account.

5.3We may suspend or decline registration, at our reasonable discretion, where we believe the eligibility requirements in this Section have not been met, or where required to comply with applicable law.

6.AI-Generated Content

6.1INVESTA uses artificial intelligence, including large language models operated by third-party providers, to generate coaching responses, explanations, and other Content. AI-Generated Content is produced algorithmically and, despite our efforts to configure it responsibly, may occasionally be incomplete, generic, out of date, or contain errors or inaccuracies.

6.2AI-Generated Content does not reflect the individual judgement of a human financial professional reviewing your specific circumstances, and should be treated with the same critical thinking you would apply to any general educational resource.

6.3You should independently verify any factual, numerical, tax, or regulatory information provided through the Platform before relying on it, and should not treat AI-Generated Content as authoritative on rules that change over time, such as tax thresholds, exemption limits, or product rules.

6.4We do not warrant that AI-Generated Content will be accurate, complete, or suitable for your particular purpose, and we accept no liability for decisions made in reliance on AI-Generated Content, save as set out in Section 14.

7.Subscription Plans, Fees and Payment

7.1Current Subscription tiers, features, and pricing are set out on the Platform's pricing page and may be updated by us from time to time. Prices are shown in South African Rand and are inclusive of value-added tax unless stated otherwise.

7.2Where you purchase a Subscription, you authorise us, or our third-party payment processor, to charge your chosen payment method for the applicable fees on a recurring basis (for example, monthly or annually) until you cancel in accordance with Section 8.

7.3Payments are processed by third-party payment service providers. We do not store your full card details. Your use of any payment method is also subject to the terms of the relevant payment processor and, where applicable, the National Payment System Act 78 of 1998.

7.4We may change Subscription pricing from time to time. Any price change will apply from your next billing cycle following reasonable notice, and will not affect fees already charged for a current billing period.

7.5If a payment fails, we may suspend access to paid features until payment is successfully processed, and may retry the charge or request updated payment details.

8.Cancellation and Refunds

8.1You may cancel your Subscription at any time through your account settings or by contacting [SUPPORT EMAIL]. Cancellation will take effect at the end of your current paid billing period, and you will retain access to paid features until that date.

8.2Except as required by the Consumer Protection Act 68 of 2008 ('CPA') or other applicable law, fees already paid for a current billing period are non-refundable. Where the CPA grants you a right to cancel a fixed-term agreement or applies a cooling-off period, we will honour that right in accordance with the CPA.

8.3We may offer free trials or promotional pricing from time to time. Unless stated otherwise, a Subscription will automatically convert to a paid Subscription at the end of a free trial unless cancelled before the trial ends.

9.User Conduct and Acceptable Use

9.1You agree not to: (a) use the Platform for any unlawful purpose or in violation of these Terms; (b) attempt to gain unauthorised access to the Platform, other users' accounts, or our systems; (c) reverse engineer, decompile, or attempt to extract the underlying models, source code, or prompts used by the Platform; (d) use automated means, including bots or scrapers, to access the Platform without our prior written consent; (e) submit false, misleading, or fraudulent information; or (f) use the Platform to harass, abuse, or harm another person.

9.2You agree not to use AI-Generated Content to develop, train, or improve a competing product or service.

9.3We may suspend or terminate your access where we reasonably believe you have breached this Section, in accordance with Section 16.

10.Intellectual Property

10.1The Platform, including its software, design, look and feel, trademarks, logos, and all Content other than User Content, is owned by or licensed to INVESTA and is protected by South African and international intellectual property laws.

10.2Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, non-commercial educational use. No other rights are granted to you.

10.3You may not copy, reproduce, distribute, publicly display, or create derivative works from the Platform or its Content for any commercial purpose without our prior written consent.

11.User Content

11.1You retain ownership of any User Content you submit. By submitting User Content, you grant INVESTA a non-exclusive, worldwide, royalty-free licence to use, store, and process that User Content for the purpose of operating, personalising, and improving the Platform, and as otherwise described in our Privacy Policy.

11.2You are responsible for the accuracy of the User Content you submit. Personalised Content generated by the Platform is only as useful as the information you provide, and incomplete or inaccurate User Content will affect the quality of any personalised output.

11.3You must not submit User Content that is unlawful, infringes the rights of any third party, or contains sensitive personal information of another person without their consent.

13.Privacy and Data Protection

13.1We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 ('POPIA') and our Privacy Policy, which explains what personal information we collect, how we use and store it, who we share it with (including AI service providers used to generate Content), and the rights you have in respect of your personal information.

13.2By using the Platform, you consent to the processing of your personal information as described in our Privacy Policy. Where you submit financial or other sensitive information for the purpose of receiving personalised Content, you do so voluntarily and acknowledge that this information will be processed, including by third-party AI providers, to generate that Content.

13.3You may exercise your rights under POPIA, including the right to access, correct, or request deletion of your personal information, by contacting our Information Officer at [INFORMATION OFFICER EMAIL].

14.Disclaimers and Limitation of Liability

14.1The Platform and all Content are provided 'as is' and 'as available', without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement, to the maximum extent permitted by applicable law.

14.2We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

14.3To the maximum extent permitted by applicable law, INVESTA, its directors, employees, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, savings, or investment value, arising from or in connection with your use of, or inability to use, the Platform, including any decision made or action taken in reliance on Content or AI-Generated Content.

14.4Nothing in these Terms is intended to exclude or limit any liability that cannot lawfully be excluded or limited under the CPA or other applicable South African law, including liability for gross negligence, wilful misconduct, or fraud.

14.5Where our liability cannot be excluded but may be limited, our total aggregate liability to you arising out of or in connection with these Terms and your use of the Platform is limited to the total Subscription fees paid by you to us in the twelve months preceding the event giving rise to the claim, or, where you have not paid any fees, to ZAR 1,000.

15.Indemnity

15.1You agree to indemnify and hold harmless INVESTA, its directors, employees, and service providers from and against any claims, losses, liabilities, and expenses (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Platform, or any financial or other decision you make based on Content obtained from the Platform, save to the extent such claims arise from our gross negligence, wilful misconduct, or fraud.

16.Suspension and Termination

16.1You may stop using the Platform and close your account at any time by contacting [SUPPORT EMAIL].

16.2We may suspend or terminate your access to the Platform, with or without notice, if you breach these Terms, if required by law, or if we reasonably believe your use of the Platform poses a risk to us, other users, or third parties.

16.3On termination, your right to access the Platform ceases immediately. Sections which by their nature should survive termination, including Sections 4, 10, 14, 15, and 18, will continue to apply.

17.Changes to These Terms

17.1We may amend these Terms from time to time to reflect changes in our services, legal or regulatory requirements, or operational needs. Where changes are material, we will provide reasonable notice, such as by email or an in-app notification, before the changes take effect.

17.2The version of these Terms in force at any given time will be made available on the Platform, together with its effective date.

18.Governing Law and Dispute Resolution

18.1These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles.

18.2The parties will first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation. If a dispute cannot be resolved within a reasonable time, either party may refer the matter to the courts of South Africa, which have exclusive jurisdiction, subject to any right you may have as a consumer under the CPA to refer a complaint to the National Consumer Commission or another applicable ombud or regulatory body.

19.General

19.1Electronic communications, agreements, and records exchanged through the Platform are recognised as valid in accordance with the Electronic Communications and Transactions Act 25 of 2002.

19.2If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.

19.3Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

19.4These Terms, together with our Privacy Policy, constitute the entire agreement between you and INVESTA regarding your use of the Platform, and supersede any prior agreements or understandings.

19.5You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, provided your rights under these Terms are not materially diminished as a result.

20.Contact Us

If you have any questions about these Terms, please contact us at:

[COMPANY NAME]

[PHYSICAL ADDRESS]

Email: [SUPPORT EMAIL]

Information Officer (POPIA queries): [INFORMATION OFFICER EMAIL]