Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Double Down AI website located at doubledownai.co.za ("Website") and any products or services offered by Double Down AI ("we", "our", "us"). By accessing our Website or purchasing any of our services, you confirm that you have read, understood and agree to be bound by these Terms.

If you do not agree to these Terms, you must immediately stop using our Website and services.

1. About Double Down AI

Double Down AI is an AI automation agency based in Johannesburg, South Africa. We provide the following products and services to businesses:

• Website Chatbots: AI-powered chat widgets embedded on client websites.
• WhatsApp AI Agents: Automated inbound and outbound WhatsApp communication systems.
• Social Media Automation: AI-assisted content generation and auto-posting across social media platforms.
• Custom AI Solutions: Bespoke AI systems designed and built to solve specific business problems.

2. Eligibility

By using our Website or purchasing our services you confirm that:

• You are at least 18 years of age.
• You have the legal capacity and authority to enter into binding agreements.
• If purchasing on behalf of a business, you are authorised to bind that business to these Terms.

3. Our Services

3.1 Service Delivery

All products and services are delivered as described on our Website and in any separate service agreement or order confirmation. We aim to go live within 5–7 business days of receiving all required information and setup fee payment, as described in our onboarding documentation. Timelines are estimates and may vary based on factors including your responsiveness during onboarding.

3.2 Service Requirements

To receive our services you must provide accurate business information, branding assets, and any content or access required for setup. Delays caused by incomplete or late provision of required materials by the client do not constitute a breach on our part.

3.3 Client Obligations

You are responsible for ensuring that the content and information provided to us for use in your AI products (including chatbot training data, WhatsApp message templates, and social media content) is accurate, lawful and does not infringe any third-party rights.

3.4 Modifications to Services

We reserve the right to modify, update or discontinue any product feature with reasonable notice. Where changes materially affect your purchased service, we will notify you in advance.

4. Pricing, Fees and Payment

4.1 Pricing

All prices are listed in South African Rand (ZAR) and are exclusive of VAT unless stated otherwise. Pricing is subject to change with 30 days' written notice for existing clients. Setup fees are once-off and 100% non-refundable in any situation once paid.

4.2 Monthly Subscriptions

Monthly subscription fees are billed in advance on the date your service goes live. Payment is due within 7 days of invoice. Failure to pay within this period may result in suspension of your service until payment is received.

4.3 Payment Methods

We accept the following payment methods:

• PayFast: Secure online card payments processed via PayFast (Pty) Ltd, a PCI-DSS compliant South African payment gateway. By selecting PayFast at checkout, you agree to PayFast's terms of service available at payfast.co.za. We do not store your card details — all card processing is handled directly by PayFast.
• EFT / Bank Transfer: Direct bank transfers are accepted. Invoice details will be provided. Payment must reflect within 3 business days.
• Other methods as listed on our get-started or checkout pages from time to time.

All online transactions are encrypted and processed over secure HTTPS connections. We do not have access to your full card number at any time.

4.4 Late Payment

Overdue invoices may attract interest at the rate of 2% per month. We reserve the right to suspend access to your services until outstanding amounts are settled.

5. Cancellation and Refunds

5.1 Cancellation by Client

You may cancel your monthly subscription at any time by providing 30 days' written notice to us via our contact page or email. Your service will remain active until the end of the paid billing period. No refunds are issued for partial months.

5.2 Setup Fees

Setup fees are 100% non-refundable in any situation once paid. No refund will be issued for any reason, including but not limited to: change of mind, dissatisfaction with the preview, failure to confirm the preview within the required timeframe, or any other circumstance. By paying the setup fee, you expressly acknowledge and accept this policy.

5.3 Cancellation by Double Down AI

We reserve the right to cancel or terminate your service with 30 days' notice, or immediately in the event of:

• Breach of these Terms.
• Misuse of our services or systems.
• Non-payment of fees.
• Use of our services for illegal, harmful or fraudulent purposes.

In the event of immediate termination due to breach, no refunds will be issued for any remaining period.

5.4 Dispute Resolution

If you are dissatisfied with our service, please contact us first. We are committed to resolving disputes fairly and promptly. If a resolution cannot be reached, the matter will be subject to South African law and jurisdiction.

6. Intellectual Property

6.1 Our Intellectual Property

All content on our Website including but not limited to text, graphics, logos, button icons, images, audio clips, code and software is our property or licensed to us and is protected by South African and international intellectual property laws. You may not reproduce, distribute or create derivative works from our content without our prior written permission.

6.2 Your Content

You retain ownership of all content, branding and data you provide to us for use in your products. By providing content to us, you grant us a non-exclusive, royalty-free licence to use it solely for the purpose of delivering your contracted services.

6.3 AI-Generated Content

Content generated by AI tools as part of our social media automation service is produced on your behalf. You are responsible for reviewing and approving such content before it is published. We do not guarantee that AI-generated content will be error-free, and you assume responsibility for content you approve for publication.

7. Acceptable Use

You agree not to use our Website or services to:

• Violate any applicable laws or regulations.
• Transmit spam, unsolicited messages or bulk commercial communications without recipient consent.
• Engage in deceptive, fraudulent or misleading practices toward your customers.
• Distribute malware, viruses or any harmful code.
• Infringe the intellectual property rights of any third party.
• Harass, threaten or harm any person.
• Attempt to gain unauthorised access to our systems or the systems of third parties.
• Use our AI tools to generate content that is defamatory, obscene, discriminatory or otherwise unlawful.

8. WhatsApp and Third-Party Platform Compliance

Our WhatsApp AI services are delivered via the official WhatsApp Business API, operated by Meta Platforms Inc. Use of our WhatsApp services is additionally subject to:

• WhatsApp Business Policy and Terms of Service.
• Meta's Messaging Policy and usage guidelines.

You are responsible for ensuring your use of WhatsApp automation complies with all applicable laws including South Africa's Electronic Communications and Transactions Act (ECTA) and the POPI Act, particularly in relation to obtaining consent before sending marketing messages to contacts.

9. POPIA and Data Protection

Double Down AI is committed to compliance with the Protection of Personal Information Act, No. 4 of 2013 (POPIA). By using our services, you acknowledge:

• Data we collect from you: During onboarding, we collect your name, business name, email address, phone number, website URL, business information, and any branding assets you provide. This information is used solely to build and operate your contracted AI solution.
• Data collected through your chatbot: Our chatbot widget deployed on your website may collect personal information from your website visitors (such as name, email, and phone number). You, as the data controller, are responsible for obtaining visitor consent and maintaining a POPIA-compliant privacy policy on your website.
• Your responsibilities: You must ensure your use of our chatbot, WhatsApp AI, and other services is compliant with POPIA, including displaying appropriate consent notices to your website visitors and customers.
• Our role: Double Down AI acts as an operator processing data on your behalf. We process personal information only as necessary to deliver contracted services and do not sell or share personal data with third parties for marketing purposes.
• Data subject rights: South African individuals have the right to request access to, correction of, or deletion of their personal information. Requests may be directed to duval@doubledownai.co.za.
• Data retention: Onboarding data is retained for the duration of your service agreement plus a reasonable period thereafter for legal and accounting purposes. On cancellation, you may request deletion of your data.

For full details of how we handle personal information, please review our Privacy Policy.

10. Limitation of Liability

To the fullest extent permitted by South African law:

• We are not liable for any indirect, incidental, special, consequential or punitive damages arising from your use of our services.
• Our total liability for any claim arising from your use of our services shall not exceed the total fees paid by you in the 3 months preceding the claim.
• We are not liable for service interruptions caused by third-party platforms including Meta (WhatsApp), social media platforms, or hosting providers beyond our reasonable control.
• We are not liable for errors in AI-generated content that you have reviewed and approved before publishing.
• We do not guarantee specific business outcomes (e.g. leads generated, conversion rates, revenue increases) from use of our products.

10. Warranties and Disclaimers

Our Website and services are provided on an "as is" and "as available" basis. While we strive for reliability and quality, we do not warrant that:

• Our services will be uninterrupted or error-free at all times.
• Results achieved using our AI products will meet your specific business objectives.
• AI responses or generated content will always be accurate, appropriate or complete.

Nothing in these Terms limits any rights you may have under the Consumer Protection Act 68 of 2008 or other applicable South African consumer protection legislation.

11. Privacy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the South African courts.

13. Changes to These Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this page and, for active clients, by email. Continued use of our services after such notification constitutes your acceptance of the revised Terms.

14. Contact Us

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

• Website: doubledownai.co.za/contact
• Location: Johannesburg, South Africa