Last Updated | 17 July 2026

AI Services Policy and Liability Agreement

This Artificial Intelligence Services Policy and Liability Agreement (“AI Policy”) sets forth the binding terms and conditions governing the access to, and use of, any and all artificial intelligence, machine learning, generative, or automated decision-making services, features, chatbots, agentic voice and video agents, task agents, APIs, and outputs provided by ZEEDER (Pty) Ltd (“ZEEDER”, “we”, “us”, “our”) to its clients, customers, users, and website visitors (each, a “Customer” or “you”).

1. Incorporation into Master Services Agreement and Ancillary Agreements

1.1 This AI Policy is hereby expressly incorporated by reference into, but not limited to, and forms an inseparable and integral part of:

(a) The Master Services Agreement (MSA) or Terms of Service governing the primary commercial relationship between ZEEDER and the Customer, along with any annexures, addendums or attachments;
(b) Any and all Statements of Work (SOWs), Order Forms, Service Schedules, or Work Orders;
(d) The Peach Pay Payment Gateway Agreement entered into between the Customer and Peach Payments (Pty) Ltd (or any affiliate or successor thereof) for the provision of payment gateway and transaction processing services;
(e) Any and all other agreements, terms of use, service level agreements, licences, or policies governing third-party software, platforms, infrastructure, data processing, AI models, APIs, hosting environments, security tools, or any other technology or services utilised by ZEEDER, directly or indirectly, in the development, provision, maintenance, or support of the AI Services (collectively, the “Third-Party Supplier Agreements”), whether or not the Customer has separately executed or been presented with such agreements;
(f) Any corresponding ancillary agreements, non-disclosure agreements, or data processing addenda; and
(g) All website terms and conditions of use (collectively, the “Principal Agreements”).

1.2 For the avoidance of doubt, references to the Nedbank Merchant Agreement and the Peach Pay Payment Gateway Agreement in Clause 1.1(c) and (d) include any schedules, annexures, addenda, or successor agreements thereto. Where the Customer has entered into a single consolidated agreement with Peach Pay that incorporates Nedbank acquiring services, such consolidated agreement shall be deemed to satisfy the references to both agreements herein.

1.3 For the further avoidance of doubt, references to “Third-Party Supplier Agreements” in Clause 1.1(e) shall include any replacements, substitutions, updates, upgrades, or successors to such agreements. ZEEDER reserves the unilateral right to change, replace, or discontinue any third-party supplier or technology utilized in the AI Services without prior notice to the Customer, provided that such change does not materially degrade the core functionality of the AI Services as set forth in the Principal Agreements. The Customer acknowledges that ZEEDER’s reliance on third-party suppliers is essential to the provision of the AI Services, and the Customer agrees that such third-party suppliers are intended third-party beneficiaries of this AI Policy for the purpose of enforcing their respective limitations of liability and disclaimers.

2. Acceptance of Terms and Automatic Binding Effect

2.1 By accessing, browsing, utilizing, subscribing to, or merely continuing to receive or use the AI Services (defined below) – whether or not you have formally executed a separate agreement – you irrevocably, unconditionally, and conclusively agree to be legally bound by all terms and conditions set forth in this AI Policy, without any reservation or modification.

2.2 Explicit Acceptance by Conduct: Your acceptance of this AI Policy does not require a physical, electronic, or digital signature. Your use of the AI Services constitutes your affirmative assent. If you do not agree to all terms contained herein, you must immediately cease any access to, or use of, the AI Services, the ZEEDER website, and any associated platforms.

2.3 You warrant and represent that you have the full legal capacity and authority to enter into this binding agreement on behalf of yourself or the legal entity you represent. If you are using the AI Services on behalf of an organization, you bind that organization to this AI Policy.

3. Amendments, Modifications, and Service Changes (Without Notice)

3.1 Right to Amend: ZEEDER reserves the unilateral, exclusive, and absolute right, exercisable in its sole and unfettered discretion, to revise, modify, supplement, replace, or rescind this AI Policy, in whole or in part, at any time and without prior notice to the Customer.

3.2 Effective Date of Changes: All amendments shall become effective immediately upon the earlier of:

(a) The posting of the updated AI Policy on the ZEEDER website (www.ZEEDER.ai); or
(b) Notification to the Customer via email or in-product notice.

3.3 Conclusive Acceptance of Amendments: Your continued use of, or engagement with, the AI Services after the effective date of any such amendments shall constitute your absolute, conclusive, and irrevocable acceptance of the amended AI Policy. It is your sole responsibility to review this AI Policy periodically. ZEEDER bears no obligation to proactively notify you of amendments, and your failure to read the updated policy does not absolve you of your obligations hereunder.

3.4 Right to Suspend or Discontinue: ZEEDER reserves the right, without liability, to modify, suspend, limit, or permanently discontinue the AI Services (or any part thereof) at any time, with or without prior notice, for any reason, including but not limited to security concerns, regulatory changes, operational requirements or non-payment.

4. Nature of AI Services and "AS-IS" Provision

4.1 The AI services, including all algorithms, models, generated outputs, analyses, and recommendations (collectively, the “AI Services”), are provided strictly on an “AS-IS” and “AS-AVAILABLE” basis, with all faults and without any warranties whatsoever.

4.2 The Customer acknowledges, accepts, and expressly agrees that AI Services are probabilistic, statistical, and experimental in nature. Consequently, the AI Services may:

(a) Not always be accurate, complete, or timely;
(b) Generate outputs that are factually incorrect, misleading, or inappropriate;
(c) Produce unexpected, illogical, or nonsensical results;
(d) Fail to meet the Customer’s specific operational, commercial, or strategic requirements;
(e) Contain inherent biases, errors, or hallucinations derived from underlying training data; and
(f) Be subject to latency, interruptions, or unavailability.

5. No Warranties or Guarantees

5.1

To the maximum extent permitted by applicable law, ZEEDER expressly disclaims all warranties, representations, conditions, and guarantees of any kind, whether express, implied, statutory, or otherwise, including but not limited to:

(a) WARRANTIES OF MERCHANTABILITY;
(b) FITNESS FOR A PARTICULAR PURPOSE;
(c) TITLE;
(d) NON-INFRINGEMENT;
(e) SATISFACTORY QUALITY;
(f) ACCURACY;
(g) COMPLETENESS;
(h) RELIABILITY;
(i) SECURITY;
(j) CONTINUOUS AVAILABILITY;
(k) ERROR-FREE OPERATION;
(l) FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS; AND
(m) THAT OUTPUTS GENERATED BY THE AI SERVICES WILL BE SUITABLE FOR ANY PARTICULAR PURPOSE.

5.2 ZEEDER DOES NOT WARRANT THAT THE AI SERVICES WILL COMPLY WITH ANY INDUSTRY-SPECIFIC REGULATORY REQUIREMENTS OR PROFESSIONAL STANDARDS APPLICABLE TO THE CUSTOMER’S BUSINESS.

6. Customer Acknowledgement of Risk

6.1 The Customer expressly acknowledges and agrees that:

(a) AI-generated outputs are merely informational tools and shall never be construed as legal, financial, medical, accounting, engineering, regulatory, tax, or any other form of professional advice;
(b) The Customer bears sole and exclusive responsibility for independently verifying all AI-generated outputs before relying upon them;
(c) The Customer assumes all risks associated with decisions made, actions taken, or omissions occurring as a result of reliance on the AI Services;
(d) Human oversight is mandatory at all times;
(e) The AI Services are intended solely as decision-support tools and shall never replace professional judgment or qualified human review.

7. Limitation of Liability

7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEEDER SHALL NOT BE LIABLE, WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
(b) LOSS OF PROFITS;
(c) LOSS OF REVENUE;
(d) LOSS OF BUSINESS OPPORTUNITIES;
(e) LOSS OF GOODWILL;
(f) LOSS OF DATA;
(g) LOSS OF USE;
(h) BUSINESS INTERRUPTION;
(i) REPUTATIONAL DAMAGE; OR
(j) ANY OTHER COMMERCIAL LOSS ARISING OUT OF OR RELATING TO THE CUSTOMER’S USE OF THE AI SERVICES.

7.2 ZEEDER’S total cumulative liability arising out of or relating to the ai services shall, under no circumstances, exceed the total fees actually paid by the customer to zeeder for the specific ai service during the three (3) months immediately preceding the event giving rise to the claim.

7.3 THESE LIMITATIONS APPLY EVEN IF ZEEDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Third-Party AI Model Applications and Technology

8.1 The AI Services may incorporate, integrate, or interface with third-party AI models, frameworks, large language models (LLMs), or open-source technologies (collectively, “Third-Party AI”). These Third-Party AI tools are provided by external vendors over whom ZEEDER exercises no control.

8.2 ZEEDER does not endorse, guarantee, or assume any responsibility for the accuracy, reliability, security, legality, or performance of any Third-Party AI. The Customer acknowledges that Third-Party AI operates under their own terms of service, privacy policies, and limitations, which are independent of ZEEDER. ZEEDER expressly disclaims all liability arising from or relating to the use of, or reliance upon, any Third-Party AI outputs.

8.3 The Customer acknowledges that changes to Third-Party AI (including discontinuation, pricing changes, or performance degradation) may affect the ZEEDER AI Services, and ZEEDER shall not be liable for any consequences arising therefrom.

9. Beta, Experimental, Pilot, and Testing Phases

9.1 Certain AI features, products, or functionalities may be designated as “Beta,” “Experimental,” “Preview,” “Pilot,” “Testing,” “Early Access,” or similar (collectively, “Experimental Features”). The Customer acknowledges that ZEEDER may rollout such Experimental Features at any time, with or without specific notice to the Customer.

9.2 Such Experimental Features are provided solely for evaluation, feedback, and testing purposes. The Customer acknowledges that Pilot and Testing phases are specifically intended to identify issues, and therefore:

(a) Experimental Features may contain significant bugs, errors, security vulnerabilities, or produce highly unexpected or inaccurate outputs;
(b) Experimental Features may be changed, restricted, or completely discontinued at ZEEDER’s absolute discretion, with or without notice, and with no obligation to transition the Customer to a production version;
(c) ZEEDER provides Experimental Features without any warranty, support obligation, or service-level commitment; and
(d) ZEEDER may collect extensive usage data, error logs, and performance metrics during Pilot and Testing phases to improve the service, without additional consent.

9.3 The Customer’s use of any Experimental or Pilot Feature is entirely at their own risk. The Customer agrees that reliance on such features for critical business operations is strongly discouraged and shall be the sole liability of the Customer.

10. User Responsibilities and Prohibited Conduct

10.1 Customer Obligations

The Customer is exclusively responsible for:

(a) Reviewing, verifying, and fact-checking all AI-generated outputs before use;
(b) Ensuring that AI-generated outputs are appropriate, lawful, and ethical for their intended application;
(c) Maintaining robust human oversight, review, and approval processes for decisions influenced by AI outputs, particularly those involving material or high-stakes consequences;
(d) Complying with all applicable national, regional, and international laws, regulations, and industry standards (including POPIA, GDPR, and sector-specific regulations) when using the AI Services and outputs;
(e) Securing all necessary rights, consents, and permissions for any data, prompts, or content inputted into the AI Services; and
(f) Implementing adequate cybersecurity measures to protect their own systems and data.

10.2 Absolute Prohibitions

The Customer is strictly prohibited from, and agrees not to:

(a) Use the AI Services for any unlawful, fraudulent, deceptive, or malicious activities;
(b) Generate, promote, or disseminate content that is defamatory, hateful, harassing, obscene, abusive, threatening, or discriminatory on the basis of race, gender, religion, nationality, sexual orientation, disability, or any other protected characteristic;
(c) Input, process, or transmit any personally identifiable information (PII), protected health information (PHI), financial account credentials, or other sensitive personal data without ZEEDER’s prior written consent and without appropriate data protection agreements in place;
(d) Attempt to reverse-engineer, decompile, disassemble, extract source code, or derive the underlying algorithms of the AI Services;
(e) Use the AI Services to create, train, fine-tune, or develop any competing AI, machine learning, or large language models;
(f) Bypass, circumvent, or attempt to circumvent any security measures, rate limits, or access controls implemented by ZEEDER;
(g) Engage in “prompt injection,” “jailbreaking,” or other adversarial techniques intended to manipulate the AI Services into generating prohibited or unintended outputs; and
(h) Redistribute, resell, or commercially exploit the AI Services or AI-generated outputs, except as explicitly permitted in writing by ZEEDER.

11. Intellectual Property Rights

11.1 Ownership by ZEEDER

As between ZEEDER and the Customer or user, ZEEDER retains all right, title, and interest in and to:

(a) The AI Services, including all software, algorithms, models, architectures, interfaces, and underlying technology;
(b) All AI-generated outputs (the “Outputs”) produced by the AI Services, regardless of whether such Outputs are derivative of Customer inputs; and
(c) All intellectual property rights (including patents, copyrights, trade secrets, and trademarks) embodied therein.

11.2 Limited License to Outputs

Subject to full compliance with this AI Policy and payment of all applicable fees, ZEEDER grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Outputs solely for the Customer’s internal business purposes. No license is granted for external distribution, public display, or commercial sale of Outputs.

11.3 Retention of Customer IP

The Customer retains ownership of their input data, prompts, and proprietary information. However, the Customer grants ZEEDER a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, reproduce, modify, and analyze such inputs solely for the purpose of providing, maintaining, improving, and developing the AI Services, unless expressly restricted by a separate written agreement.

11.4 Restrictions

(a) Claim ownership, title, or intellectual property rights in any Outputs;
(b) Use Outputs to train, validate, or enhance any AI model that is competitive with ZEEDER;
(c) Remove, alter, or obscure any copyright, trademark, or proprietary notices contained in the Outputs; or
(d) Publish, broadcast, or syndicate Outputs to third parties without ZEEDER’s explicit prior written consent.

12. Privacy and Data Processing

12.1 The Customer acknowledges that prompts, inputs, queries, uploaded data, and AI interactions may be processed by ZEEDER and, where applicable, by third-party AI providers for the purpose of providing the AI Services.

12.2 The Customer warrants that it has all necessary rights, consents, and lawful authority to submit any personal information or confidential information to the AI Services.

12.3 The Customer shall not submit special personal information, children’s information, health information, financial credentials, or any regulated information unless expressly authorised by ZEEDER in writing.

12.4 Data processing shall be governed by ZEEDER’s Privacy Policy and any applicable Data Processing Agreement.

13. Indemnification

13.1 The Customer agrees to fully indemnify, defend, and hold harmless ZEEDER, its directors, officers, employees, contractors, licensors, suppliers, affiliates, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, expenses, penalties, fines, legal fees (on an attorney and own client scale), and judgments arising from or relating to:

(a) The Customer’s use or misuse of the AI Services;
(b) Any reliance upon AI-generated outputs;
(c) Any breach of this AI Policy;
(d) Any infringement of third-party rights;
(e) Any unlawful or negligent conduct by the Customer; or
(f) Any regulatory investigation or enforcement action arising from the Customer’s use of the AI Services.

14. Regulatory Compliance

14.1 The Customer acknowledges that AI regulation continues to evolve globally.

14.2 The Customer is solely responsible for ensuring that their use of the AI Services complies with all laws, regulations, industry standards, and ethical obligations applicable within their jurisdiction.

14.3 ZEEDER makes no representation that the AI Services comply with any specific regulatory framework applicable to the Customer.

15. Suspension and Termination

15.1 ZEEDER may immediately suspend or terminate the Customer’s access to the AI Services, with or without notice, where:

(a) The Customer breaches this AI Policy;
(b) ZEEDER reasonably believes the AI Services are being misused;
(c) Required by law or regulatory authority; or
(d) Necessary to protect ZEEDER, its systems, customers, or third parties.

15.2 Termination shall not affect any accrued rights, obligations, disclaimers, limitations of liability, indemnities, or intellectual property rights which, by their nature, survive termination.

16. General Provisions

16.1 If any provision of this AI Policy is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.2 No failure or delay by ZEEDER in exercising any right shall constitute a waiver of that right.

16.3 This AI Policy constitutes the entire agreement relating to the AI Services and supersedes any prior representations relating thereto.

16.4 This AI Policy shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

16.5 The courts of South Africa shall have exclusive jurisdiction over any dispute arising from this AI Policy.