Terms & Conditions

1. Definitions

In these Terms and Conditions, unless the context indicates otherwise, the following definitions apply:

• "AnyVision Media", "we", "us", or "our" refers to AnyVision Media (Pty) Ltd, a company registered in Johannesburg, Gauteng, South Africa.
• "Service" refers to the AI automation SaaS platform operated by AnyVision Media, accessible at portal.anyvisionmedia.com, including all associated features, tools, integrations, and support services.
• "Client", "you", or "your" refers to the individual or legal entity that subscribes to, accesses, or uses the Service.
• "Plan" refers to the subscription tier selected by the Client, being one of Lite, Starter, Growth, or Enterprise.
• "Add-on" refers to an optional modular service extension that may be purchased in addition to a Plan to expand the capabilities of the Service.
• "Workflow" refers to an automated business process designed, configured, and executed on our platform.
• "Agent" refers to an AI agent operating within the platform that performs automated decision-making, monitoring, or task execution on behalf of the Client.
• "Portal" refers to the client-facing web application at portal.anyvisionmedia.com, through which Clients manage their account, billing, workflows, and support requests.
• "POPIA" refers to the Protection of Personal Information Act 4 of 2013, as amended from time to time, being the primary data protection legislation of the Republic of South Africa.

2. Eligibility & Account Registration

To use the Service, you must meet the following eligibility requirements:

• You must be at least 18 years of age and possess the legal capacity to enter into binding agreements under the laws of your jurisdiction.
• If you are registering on behalf of a legal entity (such as a company, close corporation, or trust), you represent and warrant that you have the authority to bind that entity to these Terms.
• Only one account may be registered per legal entity. Duplicate accounts may be suspended or terminated at our discretion.
• You must provide accurate, complete, and current information during the registration process and maintain the accuracy of such information throughout the duration of your subscription.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any access tokens. All activity that occurs under your account is your responsibility, whether or not authorised by you.

You must notify us immediately at admin@anyvisionmedia.com if you become aware of any unauthorised access to your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

3. Description of Services

AnyVision Media provides a cloud-based AI automation platform designed to help businesses streamline operations, enhance decision-making, and scale efficiently. The Service includes, but is not limited to:

• Automated Workflows: Design, deployment, and execution of automated business processes across departments including accounting, marketing, sales, customer support, and operations.
• AI Agents: Intelligent agents that monitor business data, make decisions based on predefined rules and machine learning models, and execute tasks autonomously on your behalf.
• Client Portal: A secure web-based portal for account management, workflow monitoring, billing administration, usage analytics, and support ticket submission.
• Integrations: Connectivity with third-party platforms including but not limited to Xero, Gmail, Google Workspace, Airtable, WhatsApp Business, and social media management tools.
• Self-Healing Operations: Automated error detection, recovery, and notification systems available on eligible Plans (Growth and Enterprise).

The Service is delivered via cloud infrastructure, primarily utilising n8n Cloud for workflow execution, Supabase for data storage and authentication, and Airtable for structured data management. We reserve the right to modify our technology stack and infrastructure providers at any time, provided that such changes do not materially diminish the functionality of the Service.

4. Subscription Plans & Billing Cycles

The Service is offered through four subscription tiers, each providing different levels of access, features, and usage allowances:

• Lite: R1,999 per month
• Starter: R5,999 per month
• Growth: R14,999 per month
• Enterprise: R29,999 per month

All prices quoted in South African Rand (ZAR) are exclusive of 15% Value-Added Tax (VAT), which will be added to all invoices in accordance with the Value-Added Tax Act 89 of 1991.

Annual Billing

Clients may opt for annual billing, which provides a discount of approximately 17%, equivalent to two months free. Annual subscriptions are billed as a single payment at the start of the annual period.

International Pricing

International clients may subscribe in USD, EUR, or GBP. Current international pricing is displayed on our pricing page. Exchange rate fluctuations may result in periodic price adjustments for international currencies.

Billing Commencement

Billing commences on the date you select a Plan and submit payment details, or on the date immediately following the conclusion of a free trial period, whichever is applicable.

Price Adjustments

We reserve the right to adjust subscription pricing with a minimum of 30 calendar days' written notice, delivered via email or through the Portal. Pricing for the current billing period will be honoured regardless of any announced price changes. If you do not agree to a price adjustment, you may cancel your subscription before the new pricing takes effect.

5. Payment Terms

Payment Methods

• South African Clients: Payments are processed through PayFast, accepting credit cards, debit cards, electronic funds transfer (EFT), and SnapScan. All transactions are denominated in South African Rand (ZAR).
• International Clients: Payments are processed through Stripe, accepting credit and debit cards. Available currencies include USD, EUR, and GBP.

Payment Timing

Subscription fees are due at the start of each billing period, whether monthly or annually. Payments are processed automatically using the payment method on file.

Failed Payments

In the event of a failed payment, a grace period of 3 calendar days will apply. During this grace period, you will receive notification of the failure and may update your payment details. If payment is not resolved within the grace period, your access to the Service will be suspended until the outstanding amount is settled. Suspended accounts retain their data for the duration of the data retention period specified in Section 9.

Taxes

You are responsible for all applicable taxes, duties, and levies in your jurisdiction. For South African clients, 15% VAT is added to all transactions in accordance with the Value-Added Tax Act 89 of 1991. International clients are responsible for any applicable local taxes, and we will not collect or remit taxes on your behalf unless legally required to do so.

6. Free Trial

AnyVision Media offers a 14-day free trial on all subscription Plans, subject to the following conditions:

• No credit card or payment details are required to commence a free trial.
• During the trial period, you will have full access to all features and capabilities of the selected Plan.
• At the conclusion of the 14-day trial, you must select a Plan and add a valid payment method to continue using the Service.
• If no Plan is selected at the end of the trial period, all active workflows will be paused. No data will be deleted. You may resume your subscription at any time by selecting a Plan and adding payment.
• Each legal entity is entitled to one free trial only. Attempts to create multiple accounts to obtain additional trial periods may result in account suspension.

7. Overage Billing

Each Plan includes specified usage allowances for messages and leads. Usage that exceeds your Plan limits will incur overage charges as follows:

• Messages: R0.50 per message above your Plan limit.
• Leads: R2.00 per lead above your Plan limit.

Hard Cap Protection

To prevent runaway costs, a hard cap is enforced at 2x (two times) your Plan's usage limit. Once the hard cap is reached, delivery of messages and lead processing will pause until the start of the next billing period, unless you upgrade to a higher Plan.

Usage Alerts

Automated alerts will be sent to your registered email address when your usage reaches 80% and 95% of your Plan limits, giving you adequate notice to manage your usage or upgrade your Plan.

Overage Invoicing

Overage charges are calculated and billed at the end of each billing period, separate from your base subscription fee.

8. Add-ons & Setup Fees

Add-ons

AnyVision Media offers 10 modular add-ons that extend the capabilities of your subscription. Current add-on offerings and pricing are listed on our pricing page.

• Add-ons are billed monthly alongside your base subscription fee.
• Add-ons may be added at any time and will be prorated for the remaining days in the current billing period.
• Add-ons may be removed at any time. Cancellation of an add-on takes effect at the end of the current billing period. No pro-rated refunds will be issued for the unused portion of an add-on billing period.

Setup Fees

Certain professional services, including onboarding, custom workflow development, and advanced integration configuration, may incur one-time setup fees ranging from R2,999 to R49,999 depending on the scope of work.

• Setup fees are non-refundable once work has commenced. Refer to our Refund Policy for further details.
• Setup fees may be waived or discounted at our sole discretion, typically in connection with annual plan commitments or promotional offers.
• The scope of work covered by a setup fee will be documented in writing prior to commencement.

9. Cancellation & Termination

Client-Initiated Cancellation

• You may cancel your subscription at any time through the client Portal or by contacting us at admin@anyvisionmedia.com.
• Cancellation takes effect at the end of the current billing period. You will retain access to the Service until that date.
• No pro-rated refunds will be issued for unused portions of the current billing period.
• For annual subscriptions, service continues until the end of the annual period. Early termination of annual plans does not entitle you to a refund of prepaid fees.

Data Retention After Cancellation

Following cancellation, your data will be retained for 30 calendar days from the end of your final billing period. During this retention period, you may request an export of your data by contacting us. After the 30-day retention period, all data associated with your account will be permanently and irreversibly deleted from our systems.

Termination by AnyVision Media

• We may terminate your account for material breach of these Terms with 7 calendar days' written notice, during which time you may remedy the breach.
• We may suspend service immediately and without notice in cases of non-payment (following the grace period), abuse, fraud, or activity that we reasonably believe to be illegal.
• In the event of termination by us for breach, the data retention period of 30 calendar days will still apply.

10. Data Ownership & Privacy (POPIA)

We take the protection of your personal information seriously and are committed to compliance with the Protection of Personal Information Act 4 of 2013 (POPIA).

Data Ownership

Your data remains your property at all times. We do not claim ownership of any data you upload, create, or process through the Service. Our use of your data is limited to the purposes described in these Terms.

Responsible Party

The responsible party, as defined in POPIA, is AnyVision Media (Pty) Ltd, Johannesburg, Gauteng, South Africa. The designated Information Officer is Ian Immelman, contactable at admin@anyvisionmedia.com.

Personal Information Processed

We process the following categories of personal information:

• Name and surname
• Email address
• Company name
• Usage data (workflow execution logs, feature usage patterns)
• Billing information (payment method, transaction history)

Purpose of Processing

Personal information is processed for the following purposes: service delivery, billing and payment processing, technical support, service improvement and analytics, and communication regarding your account and the Service.

Lawful Basis

The lawful basis for processing your personal information is the performance of a contract, as provided for under Section 11(1)(b) of POPIA. Where we process data for purposes beyond the contract (such as marketing communications), we will obtain your explicit consent.

Your Rights Under POPIA

As a data subject, you have the following rights under POPIA:

• Right of Access: You may request confirmation of whether we hold personal information about you and request access to such information.
• Right to Correction: You may request the correction or deletion of personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, or misleading.
• Right to Deletion: You may request the deletion of your personal information where it is no longer necessary for the purpose for which it was collected.
• Right to Object: You may object to the processing of your personal information on reasonable grounds.
• Right to Data Portability: You may request your personal information in a structured, commonly used, and machine-readable format.

To exercise any of these rights, please email admin@anyvisionmedia.com. We will respond within 30 calendar days of receipt of a valid request.

Data Storage and Security

Data is stored on cloud infrastructure, primarily Supabase and Airtable. All data is encrypted at rest and in transit using TLS 1.2 or higher. We implement appropriate technical and organisational measures to protect your personal information against unauthorised access, loss, or destruction.

Cross-Border Processing

Your data may be processed in jurisdictions outside of South Africa where our cloud infrastructure providers operate. In such cases, we ensure that adequate safeguards are in place in accordance with Section 72 of POPIA, including contractual commitments from our service providers to protect your personal information to a standard comparable to POPIA.

Data Breach Notification

In accordance with Section 22 of POPIA, we will notify you and the Information Regulator of any data breach where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by an unauthorised person and that the breach poses a risk of harm to you.

11. Intellectual Property

The Service, including all software, source code, algorithms, workflows, user interface designs, documentation, trademarks, logos, and branding, is the exclusive intellectual property of AnyVision Media (Pty) Ltd and is protected by applicable intellectual property laws of the Republic of South Africa and international treaties.

• Your Content: You retain all rights, title, and interest in and to your data, content, and any materials you upload to or process through the Service.
• Custom Workflows: Where we build custom workflows specifically for your business, the resulting workflow configurations remain your property. However, the underlying platform technology, node types, agent frameworks, and any reusable components remain our intellectual property.
• Restrictions: You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
• Feedback: If you provide us with suggestions, ideas, or feedback regarding the Service, we may use such feedback without obligation or compensation to you.

12. Acceptable Use Policy

By using the Service, you agree not to engage in any of the following prohibited activities:

• Using the Service for any purpose that is unlawful under the laws of the Republic of South Africa or any other applicable jurisdiction.
• Sending spam, phishing emails, or any form of unsolicited commercial communication through the platform or any workflows operating on the platform.
• Attempting to gain unauthorised access to any part of the Service, other user accounts, or any systems or networks connected to the Service.
• Using the Service to harass, threaten, defame, or cause harm to any individual or entity.
• Engaging in usage patterns that are excessive or unreasonable, as determined by us in our sole discretion, and that are intended to disrupt, degrade, or interfere with the performance of the Service for other users.
• Uploading or transmitting any malicious code, viruses, worms, or other harmful software through the Service.
• Using the Service to process or store data in violation of POPIA or any other applicable data protection legislation.

We reserve the right to investigate any suspected violation of this Acceptable Use Policy and to suspend or terminate accounts that are found to be in breach, with or without prior notice depending on the severity of the violation.

13. Service Level Expectations

AnyVision Media strives to provide a reliable and high-performing service. The following are our service level expectations:

• Uptime Target: We target 99.9% uptime for workflow execution across all Plans. This is a service level expectation, not a contractual SLA guarantee with financial penalties.
• Self-Healing Operations: Clients on Growth and Enterprise Plans benefit from automated self-healing operations that monitor workflow execution, detect failures, and automatically recover from common error conditions without manual intervention.
• Scheduled Maintenance: We may perform scheduled maintenance that could result in brief service interruptions. Where practical, we will provide at least 24 hours' advance notice of scheduled maintenance via email or Portal notification.
• Third-Party Dependencies: The Service relies on integrations with third-party platforms including but not limited to QuickBooks, Gmail, Meta, Google, Airtable, and Xero. We are not liable for outages, service degradation, or data loss caused by the unavailability or malfunction of third-party services.
• Force Majeure: We are not liable for failure to meet uptime targets or service delivery obligations caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, cyberattacks, internet outages, and load shedding.

14. Limitation of Liability

To the maximum extent permitted by the laws of the Republic of South Africa:

• Total Liability Cap: Our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service shall not exceed the total amount paid by you to AnyVision Media in the 12 calendar months immediately preceding the event giving rise to the claim.
• Exclusion of Indirect Damages: We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, howsoever arising, including but not limited to loss of profit, loss of revenue, loss of business opportunity, loss of data, or loss of goodwill.
• Service Use at Own Risk: The Service is provided on an "as is" and "as available" basis. While we take all reasonable steps to ensure reliability and accuracy, we do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

Nothing in these Terms excludes or limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded or limited under the Consumer Protection Act 68 of 2008 or any other applicable mandatory legislation.

15. Governing Law & Dispute Resolution

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. The Consumer Protection Act 68 of 2008 applies where applicable to the relationship between AnyVision Media and the Client.

Dispute Resolution Process

1. Written Notice: Any dispute arising out of or in connection with these Terms shall first be addressed through written notice delivered to the other party. The receiving party shall have 30 calendar days to respond and engage in good-faith negotiation.
2. Mediation: If the dispute is not resolved through negotiation within the 30-day period, the parties agree to submit the matter to mediation administered by the Law Society of South Africa, or an alternative mediation body agreed upon by both parties.
3. Litigation: If mediation fails to resolve the dispute, either party may refer the matter to the Johannesburg High Court, which shall have exclusive jurisdiction over any proceedings arising from these Terms.

Nothing in this section prevents either party from seeking urgent interim relief from a court of competent jurisdiction where delay would cause irreparable harm.

16. Modifications to Terms

We may update, amend, or replace these Terms and Conditions from time to time to reflect changes in our business, legal requirements, or the functionality of the Service.

• Notification: Material changes to these Terms will be communicated with a minimum of 30 calendar days' written notice, delivered via email to your registered email address or through a prominent notification in the Portal.
• Acceptance: Your continued use of the Service after the expiry of the 30-day notice period constitutes your acceptance of the updated Terms.
• Right to Cancel: If you do not agree to the updated Terms, you may cancel your subscription at any time before the changes take effect. Cancellation under these circumstances will follow the standard cancellation process outlined in Section 9.
• Version History: The effective date at the top of this document will be updated each time these Terms are modified. Previous versions may be requested by contacting us.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us using the details below:

• Company: AnyVision Media (Pty) Ltd
• Location: Johannesburg, Gauteng, South Africa
• Email: admin@anyvisionmedia.com
• Information Officer (POPIA): Ian Immelman
• Website: www.anyvisionmedia.com
• Client Portal: portal.anyvisionmedia.com

We aim to respond to all enquiries within 5 business days.