Terms of Service

1. Agreement to Terms

By requesting a demo, signing a service agreement, or using any NexAgent AI product or service, you ("the Client") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and RD Investment Holdings (Pty) Ltd ("NexAgent AI", "we", "us").

If you do not agree to these Terms, do not use our services.

2. Services

NexAgent AI provides the following products:

• NexAgent OS — Full automated business system (eight modules): R1,999 per month — Founder's Discount, down from R2,499 (20% off), no setup fee

All pricing is in South African Rand (ZAR) and is exclusive of VAT unless otherwise stated.

3. Setup and Delivery

There is no setup fee for any NexAgent AI product. Upon receipt of all required client information (services, pricing, stock lists, WhatsApp SIM), NexAgent AI will deploy the agreed system within the timeframe confirmed in writing at the time of sale. The first month's retainer is due once the system is live.

WhatsApp SIM requirement: For NexAgent OS deployments, the Client must provide a dedicated South African SIM card that has been RICA-registered and is not connected to any existing active WhatsApp account. Connecting a SIM to the WhatsApp Business API removes standard WhatsApp functionality from that number. This requirement is non-negotiable.

4. Monthly Retainer and Payment

Monthly retainer fees are due on the first business day of each billing cycle. Non-payment within 7 days of the due date may result in service suspension. Non-payment within 30 days may result in service termination and data deletion in accordance with our Privacy Policy.

NexAgent AI reserves the right to adjust pricing with 30 days' written notice to existing clients.

5. Client Obligations

The Client agrees to:

• Provide accurate business information required to configure the system
• Ensure the dedicated WhatsApp SIM is available and active at all times
• Not use NexAgent AI products to send unsolicited commercial messages (spam) in violation of the Electronic Communications and Transactions Act or WhatsApp Business Policy
• Comply with POPIA when collecting and processing personal information through NexAgent AI-powered systems
• Notify NexAgent AI promptly of any suspected unauthorised access or misuse

6. Intellectual Property

All NexAgent AI software, automation workflows, system prompts, and infrastructure remain the intellectual property of RD Investment Holdings (Pty) Ltd. The Client is granted a non-exclusive, non-transferable licence to use the service during the active subscription period.

Client business data (services, pricing, stock, customer records) remains the property of the Client at all times.

7. Service Availability and Support

NexAgent AI targets maximum uptime but does not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible. Support is provided via WhatsApp or email during South African business hours (Monday–Friday, 09:00–17:00 SAST), excluding public holidays.

Downtime caused by third-party platform outages (Meta/WhatsApp, Make.com, Google, Anthropic) is outside NexAgent AI's control and does not entitle the Client to a refund or credit.

8. Limitation of Liability

To the maximum extent permitted by South African law, NexAgent AI's total liability to the Client for any claim arising from these Terms or the use of our services shall not exceed the total monthly retainer fees paid by the Client in the three months preceding the claim.

NexAgent AI is not liable for any indirect, consequential, or special damages, including but not limited to loss of revenue, loss of customers, or loss of data.

9. Cancellation and Termination

Client cancellation: The Client may cancel by providing 30 days' written notice. Monthly fees already paid are not refundable for the remainder of the billing cycle.

Termination by NexAgent AI: We may terminate the service immediately for non-payment, breach of these Terms, or misuse of the platform. Where practicable, 14 days' notice will be given for termination not related to misconduct.

Upon termination, client data is deleted within 30 days in accordance with our Privacy Policy.

10. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the jurisdiction of the courts of the Eastern Cape, South Africa.

Before initiating formal proceedings, both parties agree to attempt resolution in good faith through direct communication for a period of no less than 14 days.

11. Changes to These Terms

NexAgent AI may update these Terms from time to time. Existing clients will be notified of material changes by email with at least 14 days' notice. Continued use of the service after the effective date of changes constitutes acceptance of the updated Terms.

12. Contact

For any queries regarding these Terms, contact: