TALKAI — TERMS & CONDITIONS OF SERVICE

Version 1.0 — Official Published Draft Last Updated: 18 June 2026

**Status note (do not remove):** This is TalkAI's Version 1.0 published Terms & Conditions. It is intentionally company-protective and drafted to preserve all mandatory statutory rights that cannot be excluded under South African, German, and EU law. A final confirmatory review by a South African commercial/technology attorney and a German/EU data-protection and telecom attorney is scheduled and ongoing. Where any clause conflicts with mandatory law, that mandatory law prevails and the rest of these Terms remain in force.

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PLAIN-LANGUAGE SUMMARY ("AT A GLANCE")

This summary is provided for convenience and readability. It does not replace the full Terms below, which are the binding agreement. If there is any conflict, the full Terms control (except where mandatory law requires the summary or a specific consumer right to prevail).

• Who we are. TalkAI is a business-to-business (B2B) AI voice receptionist platform. For South Africa and most of the world your contract is with Llumins (Pty) Ltd (trading as TalkAI). For Germany/EU, your contract may be with Noki Group GmbH where that entity is named on your Order Form or invoice.
• What you're buying. A multi-tenant, cloud-based AI receptionist (call answering, routing, transcription, summaries, scheduling, messaging, integrations). It runs on shared infrastructure and depends on third parties (Google Cloud, carriers, AI providers).
• AI is not perfect. The AI can mishear, misroute, mis-book, summarise incorrectly, or "hallucinate." You must supervise it and keep your settings up to date. Don't use it as your only channel for emergencies or life-safety.
• You handle consent. You are responsible for telling callers the call is AI-handled and recorded/transcribed, and for getting any consent the law requires (POPIA / GDPR / ePrivacy).
• Phone numbers. The free included routing number is NOT a public number — don't publish it. To get a public/outbound/SMS/WhatsApp number you must complete RICA (South Africa) or the equivalent KYC for Germany/EU.
• Billing. Fees are charged in advance and auto-renew. Automatic overage top-ups only happen if you switch them on. Taxes are extra.
• Refunds & cancellation. Generally no refunds for unused time — except mandatory rights. EU/Germany consumers have a 14-day withdrawal right (see Section 6A). You can cancel future renewals at any time.
• Your privacy rights. You control your Customer Data. We act as your processor/operator for that data, and as an independent controller for our own billing/security/product data. We don't use identifiable Customer Data to train third-party public AI models without your agreement.
• Liability. Our liability is capped (see Section 11). We never exclude liability for fraud, gross negligence, wilful misconduct, death or personal injury, or anything else the law won't let us exclude.
• Complaints. You can complain any time using Section 12A. We acknowledge within 2 business days and aim to resolve within 14 days.
• Disputes. South Africa: arbitration in Cape Town. Germany/EU: the competent German courts (you keep any mandatory right to your local courts).

Full Terms: the complete and binding Terms & Conditions are set out below and are also available as a downloadable document at Full Terms & Conditions.

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LEGAL ACCEPTANCE OF TERMS

By registering an account, paying a subscription fee, starting a trial, accepting a quote, signing an Order Form, connecting or forwarding a phone number, whitelisting a phone number, using a TalkAI-provided number, configuring an AI Receptionist, accessing the TalkAI platform, dashboard, telephony services, integrations, messages, recordings, transcripts, call summaries, analytics, referral tools, affiliate tools, or any related service, you ("Customer," "User," "Reseller," "Affiliate," "Referrer," or "you") agree to be bound by these Terms and Conditions ("Terms").

These Terms allocate legal responsibilities between TalkAI and the Customer and include important limitations of liability, binding dispute-resolution provisions, strict customer compliance obligations, and broad indemnification obligations that hold the Customer responsible for how the Artificial Intelligence, phone numbers, recordings, transcripts, messages, integrations, and related services are configured, deployed, supervised, and used. These Terms are intended to be protective of TalkAI to the maximum extent permitted by applicable law while preserving any mandatory legal rights that cannot be excluded.

If you do not agree to these Terms, you may not access or use the Services. If you use the Services on behalf of a company, partnership, practice, firm, association, organisation, agency, franchise, public body, or other legal entity, you represent and warrant that you have authority to bind that entity. In that case, "Customer" and "you" refer to both you personally and that entity.

These Terms are written for business-to-business use. The Services are not intended for personal, household, consumer, emergency, or life-safety use. Where mandatory consumer, privacy, telecommunications, employment, medical, legal, financial, or other statutory rights cannot legally be excluded, these Terms apply only to the maximum extent permitted by law, and such mandatory rights are expressly preserved.

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1. PARTIES & DEFINITIONS

1.1 The Parties

For Customers in South Africa and the Rest of the World, unless an Order Form, invoice, checkout page, or signed agreement states otherwise, the Service is provided by Llumins (Pty) Ltd (trading as TalkAI), a company registered in the Republic of South Africa, with registration number 2022 / 884283 / 07, registered address 2022 / 884283 / 07, and contact email legal@talkAI.co.za.

For Customers in Germany and the European Union, the applicable contracting entity may be Noki Group GmbH, registered in Germany [insert registration number and address], only where Noki Group GmbH is expressly identified as the contracting, billing, reseller, or support entity in the applicable Order Form, invoice, checkout page, written agreement, or dashboard notice. If Noki Group GmbH is not expressly identified as the contracting entity, the Customer contracts with Llumins (Pty) Ltd (trading as TalkAI) unless mandatory law requires otherwise.

Llumins (Pty) Ltd (trading as TalkAI) and Noki Group GmbH may cooperate as sister companies for sales, support, billing, customer onboarding, reseller operations, data processing, regional customer management, or local compliance administration. However, no entity assumes liability for another entity except where expressly stated in a signed written agreement or required by mandatory law.

Collectively, and where context permits, Llumins (Pty) Ltd (trading as TalkAI), Noki Group GmbH, their affiliates, directors, officers, employees, contractors, consultants, licensors, suppliers, carriers, processors, cloud providers, payment providers, and service providers are referred to as "TalkAI," "Company," "we," "us," or "our."

1.2 Key Definitions

"Account" means the Customer profile, tenant, dashboard, billing profile, users, settings, integrations, phone-number configurations, AI Receptionist configurations, and related records created for use of the Service.

"Affiliate" means an approved third party, agency, consultant, publisher, reseller, influencer, or partner that promotes TalkAI under an approved affiliate or partner program.

"AI Receptionist" means the automated multimodal assistant configured to speak, listen, answer calls, ask questions, route calls, transfer calls, record audio, transcribe audio, summarise interactions, send notifications, book appointments, message users, or otherwise interact with Callers, staff, administrators, or systems.

"Approved Forwarding Number" means a phone number that the Customer has identified, verified, and authorised as lawfully owned, controlled, assigned to, or used by the Customer, and from which calls may be forwarded to a TalkAI restricted inbound routing number.

"Business Number" means a phone number used by the Customer for its business, including mobile, landline, VoIP, SIP, hosted PBX, or other numbers.

"Call Content" means audio, speech, text, recordings, transcripts, AI-generated summaries, caller responses, caller intent, call labels, analytics, extracted fields, and other information generated from or during a call or message.

"Caller" means any person who calls, is called, messages, is messaged, interacts with, or is routed through the Service, including a customer, lead, client, patient, tenant, guest, supplier, staff member, contractor, employee, or other end user of the Customer.

"Consumer" means a natural person acting wholly or mainly outside that person's trade, business, craft, or profession, where and to the extent applicable consumer-protection law treats that person as a consumer.

"Customer Data" means prompts, scripts, business logic, call recordings, transcripts, CRM data, calendar data, contact lists, caller information, message content, integrations, appointment data, call metadata, usage data, support content, files, instructions, and any other content or data supplied by or on behalf of the Customer or processed through the Service for the Customer.

"Data Protection Laws" means all applicable privacy, data protection, electronic communications, call recording, direct marketing, interception, cybersecurity, and data-security laws, including where applicable POPIA, PAIA, GDPR, the ePrivacy rules, the EU AI Act, telecommunications laws, consumer protection laws, and sector-specific confidentiality rules.

"EU AI Act" means Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence, together with its implementing and delegated acts, as applicable.

"Free Routing Number" or "Restricted Inbound Gateway Number" means a TalkAI-provided inbound-only number supplied for technical call-forwarding and routing purposes, not as a public-facing business number and not as a number owned by the Customer.

"Order Form" means a quote, checkout page, subscription page, invoice, proposal, signed contract, dashboard plan selection, reseller order, or other document accepted by TalkAI that describes the plan, pricing, features, usage limits, contracting entity, or special terms.

"Public Assigned Number" means a phone number assigned or provisioned for the Customer for direct public use, outbound calling, SMS, WhatsApp, or other public-facing use, subject to RICA/KYC, carrier, regulator, and payment requirements.

"RICA" means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 of South Africa, its regulations, directives, amendments, and related telecommunications verification obligations.

"Service" means the TalkAI multi-tenant AI receptionist platform, including call answering, AI conversations, call routing, call forwarding, appointment scheduling, transcripts, call summaries, dashboard access, integrations such as WhatsApp, SMS, CRM, email and calendar tools, analytics, telephony infrastructure, phone-number provisioning, onboarding, support, and related services.

"Subscription Plan" means the plan, usage bundle, pilot, trial, paid subscription, annual contract, prepaid minute bundle, setup arrangement, overage plan, or custom enterprise arrangement applicable to the Customer.

"Tenant" means the isolated logical workspace, dashboard, configuration environment, data environment, and service instance allocated to a specific Customer within TalkAI's shared multi-tenant infrastructure.

"Third-Party Services" means any carrier, SIP provider, cloud provider, AI model provider, speech-to-text provider, text-to-speech provider, payment processor, WhatsApp provider, SMS provider, email provider, CRM, calendar system, analytics provider, integration partner, reseller, app store, or other third-party service used with or by the Service.

1.3 Incorporated Documents and Order of Precedence

These Terms incorporate by reference the following policies and documents, where applicable: Privacy Policy, Data Processing Addendum, Acceptable Use Policy, AI Transparency Statement, Call Recording and Consent Policy, Referral Program Terms, Affiliate Program Terms, Fair Use and Usage Policy, Refund Policy, Subprocessor List, Order Forms, invoices, checkout terms, written addenda, support policies, and dashboard notices.

If there is a conflict between documents, the following order applies unless a signed agreement expressly states otherwise: (1) signed enterprise agreement or custom addendum; (2) Order Form or invoice; (3) Data Processing Addendum; (4) these Terms; (5) Acceptable Use Policy; (6) Privacy Policy; (7) Referral Program Terms; (8) Affiliate Program Terms; (9) Fair Use, Refund, and Subprocessor notices; (10) website, help, sales, marketing, or support documentation. Mandatory statutory rights override all of the above to the extent the law so requires.

Marketing pages, demos, estimates, sales statements, support messages, pricing examples, pitch decks, and verbal explanations are not binding warranties or commitments unless expressly included in a signed written agreement.

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2. SERVICE DESCRIPTION & MULTI-TENANT ARCHITECTURE

2.1 Business Use Only

The Service is a B2B (Business-to-Business) application. You represent that you are using TalkAI for lawful commercial, business, organisational, or professional purposes only and not for personal, domestic, household, consumer, emergency, or life-safety purposes. Where a natural person nevertheless qualifies as a Consumer under mandatory law, the mandatory consumer rights in Section 6A and elsewhere apply.

You further represent that your business is legally permitted to operate, to communicate with Callers, to process Customer Data, to use phone numbers connected to the Service, and to use AI automation for the business functions you configure.

2.2 Multi-Tenant Cloud Environment

You acknowledge that TalkAI operates on a multi-tenant cloud infrastructure. While we use commercially reasonable logical separation, account controls, security measures, access controls, and technical safeguards, you are not purchasing dedicated physical infrastructure, dedicated cloud infrastructure, dedicated AI model infrastructure, dedicated telephony infrastructure, or a private deployment unless a signed Order Form expressly states otherwise.

TalkAI may use Google Cloud, other cloud providers, AI model providers, telephony providers, SIP carriers, WhatsApp providers, SMS gateways, email providers, speech providers, storage providers, analytics providers, payment processors, and other Third-Party Services. You acknowledge that we do not control all parts of the call path, message path, internet path, carrier path, AI model infrastructure, device environment, or integration environment.

We do not guarantee that the Service will be perfectly uninterrupted, error-free, secure, immune to third-party outages, immune to cyberattack, immune to data loss, immune to latency, immune to audio-quality issues, or free from configuration errors. Examples of third-party dependencies may include Google Cloud, telephony carriers, SIP providers, AI model providers, Evolution API, WhatsApp Business providers, SMS providers, payment processors, CRM systems, and calendar systems.

2.3 AI Limitations & No Guarantee of Accuracy — The Hallucination and Automation Risk Clause

You expressly acknowledge that Artificial Intelligence is probabilistic, context-sensitive, non-deterministic, and imperfect. The AI Receptionist may misunderstand, mishear, misclassify, hallucinate, omit, summarise incorrectly, say unexpected things, fail to act, act at the wrong time, act on outdated settings, or produce outputs that are inaccurate, incomplete, delayed, inappropriate, offensive, or inconsistent.

The AI Receptionist may, without limitation:

• Misunderstand accents, languages, dialects, names, phone numbers, background noise, cross-talk, emotional callers, unclear instructions, or complex instructions.
• Provide inaccurate summaries, incorrect transcripts, hallucinated information, incorrect caller intent, incorrect labels, or unexpected responses.
• Fail to properly route a call, transfer a call, return a caller from hold, detect urgency, detect caller dissatisfaction, detect emergency content, detect abuse, or correctly interpret business rules.
• Drop a call, disconnect a call, delay a call, experience latency, suffer audio degradation, fail to ring staff, fail to connect a warm transfer, fail to connect a hot transfer, or fail because of carrier or internet issues.
• Double-book an appointment, book the wrong time, fail to update a calendar, rely on outdated calendar data, rely on incorrect CRM data, or send incorrect notifications.
• Act on outdated configurations, incorrect instructions, incomplete FAQs, wrong prices, wrong service descriptions, wrong business hours, wrong staff availability, wrong transfer numbers, or incorrect Customer Data if you fail to update your dashboard.
• Offend, confuse, frustrate, or fail to satisfy a Caller despite TalkAI's reasonable efforts to provide functional AI automation.

To the maximum extent permitted by law, TalkAI assumes no liability for lost revenue, lost leads, missed appointments, caller complaints, reputational harm, brand damage, wrong bookings, wrong call routing, wrong messages, failed messages, inaccurate summaries, inaccurate transcripts, inaccurate sentiment or intent detection, AI hallucinations, or any loss resulting from the AI's statements, omissions, acts, or failures.

You are solely responsible for monitoring your AI Receptionist, reviewing its outputs, testing call flows, updating configurations, correcting errors, reviewing call recordings and transcripts where appropriate, confirming important appointments, supervising your staff's use of the dashboard, and maintaining human oversight for any material business, regulated, urgent, or high-value decision.

2.4 No Professional, Emergency, or Regulated Advice

The Service is not a lawyer, doctor, accountant, tax adviser, insurance adviser, financial adviser, debt counsellor, emergency dispatcher, ambulance service, police reporting system, fire reporting system, security-dispatch system, mental-health crisis service, or regulated professional service.

You may not configure the Service to provide legal, medical, mental-health, financial, insurance, tax, credit, employment, housing, immigration, debt, or other regulated advice unless you are properly licensed, have configured adequate disclaimers and human review, comply with all applicable professional rules, and have obtained TalkAI's prior written approval where required by TalkAI.

You must not use the Service as the sole channel for emergency, urgent medical, urgent legal, life-safety, child-safety, domestic-violence, self-harm, security, or critical operational communications. If your business receives urgent calls, you must configure clear instructions telling callers to contact the appropriate emergency services directly.

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3. TELEPHONY, RICA COMPLIANCE, NUMBER ASSIGNMENT & NUMBER USE — CRITICAL

TalkAI may provision, lease, assign, route, connect, or facilitate phone numbers for use with the Service. The ownership, control, use, publication, routing, messaging, and capabilities of these numbers are strictly governed by these Terms, applicable telecom laws, carrier rules, RICA/KYC requirements, regulator rules, payment status, and TalkAI's internal risk controls.

3.1 The Free / Rented Routing Number — Default Restricted Inbound Gateway

For ease of setup, TalkAI may provide a free, included, rented, or bundled inbound-only routing number. This number is a Restricted Inbound Gateway Number. It is provided for technical forwarding and routing convenience only. It is not a public-facing business number, not a marketing number, not a customer-support number to be published, not an outbound number, not an SMS number, not a WhatsApp number, and not a number owned by the Customer.

Routing Only: The Restricted Inbound Gateway Number is strictly configured to accept forwarded calls only from the Customer's verified, pre-existing business, owner, manager, mobile, landline, VoIP, SIP, or PBX number that the Customer has confirmed is lawfully owned, controlled, assigned to, or authorised for use by the Customer and, where required, legally registered/RICA'd with the Customer's own provider.

Approved Forwarding Numbers: The Customer must provide TalkAI with the Approved Forwarding Numbers from which calls may be forwarded. TalkAI may require proof of number control, proof of business use, KYC documentation, RICA-related confirmation, carrier verification, or other evidence before activating or continuing service. TalkAI may refuse, remove, or suspend an Approved Forwarding Number if verification is incomplete, suspicious, unlawful, inaccurate, inconsistent, or creates regulatory, carrier, fraud, security, or reputational risk.

Direct Caller Block: If a third party, customer, client, caller, staff member, supplier, lead, or any unauthorised person dials the Restricted Inbound Gateway Number directly, the system may block the call, reject the call, disconnect the call, route the call to a disclosure message, or play an automated message stating that the number belongs to or is operated by TalkAI and is used only as an internal routing number for the relevant business name, if configured and known. TalkAI may choose the exact technical response in its sole discretion.

No Publication: The Customer must not publish, advertise, display, print, distribute, list, share, add to Google Business Profile, add to websites, add to signage, add to social media, add to email signatures, add to WhatsApp profiles, add to SMS campaigns, add to business cards, give to customers, or otherwise present the Restricted Inbound Gateway Number as a public number or Customer-owned number unless TalkAI has expressly confirmed in writing that the number has been converted into a Public Assigned Number and all required RICA/KYC and carrier steps have been completed.

No Ownership: You do not own the Restricted Inbound Gateway Number. TalkAI or its carrier retains the relevant assignment, routing, lease, usage, or administrative rights. TalkAI may reclaim, rotate, change, suspend, disconnect, replace, block, or withdraw the number at any time for operational, security, legal, regulatory, carrier, non-use, non-payment, abuse-prevention, or business reasons. You are not entitled to compensation, damages, porting rights, goodwill rights, refund, or replacement if a Restricted Inbound Gateway Number is changed, reclaimed, suspended, blocked, or withdrawn.

Customer Responsibility: You are solely responsible for ensuring that the source numbers you forward from are lawful, authorised, properly assigned to your business or owner, RICA/KYC compliant where applicable, not used for fraud, not used for caller-ID manipulation, and not used to bypass telecom rules. TalkAI is entitled to rely on your confirmations and is not responsible for independently auditing your telecommunications compliance unless required by law or carrier rules.

3.2 Upgraded, Publicly Assigned and Customer-Visible Numbers — Direct Inbound, Outbound, SMS and WhatsApp

If you require your customers, clients, leads, patients, tenants, guests, suppliers, staff, or the public to dial the AI directly, or if you wish to make outbound calls, send SMS, send WhatsApp messages, use the number in marketing, display the number publicly, port the number where possible, use direct inbound service, or otherwise use the number as a public business number, you must request a Public Assigned Number through TalkAI or an approved carrier process.

RICA/KYC Compliance: You are legally required to complete the applicable RICA process for South Africa, or the equivalent KYC, KYB, telecom registration, number-assignment, identity verification, address verification, business verification, authorised-representative verification, or carrier-compliance process for Germany, the European Union, or any other applicable jurisdiction.

Assigned Usage Rights, Not Absolute Ownership: If the number is approved, assigned, registered, or provisioned for you, you receive assigned usage/control rights to the number subject to applicable law, regulator rules, carrier terms, TalkAI terms, payment, lawful use, continued eligibility, acceptable use, technical availability, and the capabilities of the relevant number type. The number is not guaranteed to be property owned by you in the ordinary sense. Telecom numbering resources are subject to regulator and carrier control, and may be suspended, reclaimed, restricted, changed, or ported only in accordance with applicable rules.

Liability Transfer and Customer Control: Once a number is assigned for your public use, you bear full responsibility for how it is used, including direct inbound calls, outbound calls, caller ID, SMS, WhatsApp, marketing, spam, opt-ins, opt-outs, call recording notices, AI disclosures, consumer complaints, regulator complaints, carrier complaints, number misuse, and any unlawful or non-compliant use by your staff, contractors, systems, affiliates, agencies, or integrations.

Number Capabilities Are Not Guaranteed: Some numbers may not support SMS, WhatsApp, outbound calling, caller ID, emergency calling, international calling, porting, short codes, two-way messaging, number presentation, or specific destinations. TalkAI does not guarantee that any number will support all features unless expressly stated in the Order Form and confirmed by the relevant carrier.

Porting: Number porting may be unavailable, delayed, rejected, or subject to carrier, regulator, KYC, RICA, billing, contract, fraud, or technical requirements. TalkAI is not liable for failed, delayed, or rejected porting. Port-out requests may be refused or delayed where invoices are unpaid, fraud is suspected, legal requirements are incomplete, or carrier rules prevent porting.

3.3 Customer Warranties Relating to Phone Numbers

For every number you connect, forward, whitelist, display, purchase, rent, request, assign, port, or use through the Service, you represent and warrant that:

• you are authorised to use the number for the relevant business purpose;
• the number is lawfully owned, controlled, assigned to, or authorised for use by you or the business you represent;
• where South African law requires RICA registration, the number is RICA-registered to the correct person or business or otherwise lawfully usable by you;
• you have not provided false, misleading, incomplete, or outdated identity, address, company, beneficial-owner, authorised-representative, or number-control information;
• you will not use the number for fraud, spam, impersonation, harassment, unlawful telemarketing, illegal robocalling, caller-ID spoofing, phishing, scams, traffic pumping, artificial call generation, bypass, SIM-box fraud, resale, or other prohibited conduct;
• you will not publish a Restricted Inbound Gateway Number as a public business number;
• you will immediately notify TalkAI if number control, ownership, authorisation, RICA/KYC status, business details, or lawful use changes.

3.4 Caller ID, Spoofing and Messaging Compliance

You must not use the Service to spoof caller ID, misrepresent the origin of a call or message, hide the true identity of the calling party unlawfully, impersonate another person or business, send deceptive messages, or make calls or send messages that would violate telecom, marketing, consumer, privacy, anti-spam, or carrier rules.

TalkAI may suspend, block, throttle, reject, or terminate any number, caller ID, campaign, message route, outbound route, or account if TalkAI reasonably believes the traffic is unlawful, non-compliant, suspicious, abusive, spam-like, fraudulent, deceptive, harmful, or likely to trigger carrier, regulator, platform, or public complaints.

3.5 Transfers, Conferences, Forwarding and Multi-Leg Billing

The Service may include call forwarding, warm transfer, hot transfer, conference bridging, staff whisper, hold, voicemail, return-to-AI, or multi-leg telephony features. You are responsible for configuring correct staff numbers, fallback rules, business hours, no-answer behaviour, declined-call behaviour, voicemail behaviour, backup users, and urgent escalation rules.

Transferred calls may create multiple billable call legs or additional fees. You are responsible for all subscription fees, call minutes, overages, transfer minutes, conference minutes, carrier charges, messaging charges, number charges, and taxes incurred through your account, whether caused by customers, staff, callers, integrations, AI routing, fraud, abuse, incorrect configuration, or legitimate use.

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4. CALL RECORDING, TRANSCRIPTS, AI SUMMARIES & PRIVACY LIABILITIES

4.1 Customer's Sole Liability for Notice, Consent and Lawful Processing

To function, the AI Receptionist may record, stream, monitor, process, store, analyse, transcribe, summarise, classify, label, extract information from, and generate outputs from audio, speech, text, messages, caller data, and other Call Content. TalkAI provides the software, infrastructure, and processing tools. As between the parties, you are generally the data controller, responsible party, business, or equivalent decision-maker for your Customer Data and your use of Call Content, and TalkAI is generally the operator, processor, service provider, or technical provider acting on your instructions, except where TalkAI processes data for its own account, billing, security, abuse-prevention, legal, product, or compliance purposes.

You are strictly and solely liable for informing your Callers, staff, clients, customers, patients, tenants, guests, suppliers, and other End Users that the call or interaction may be handled by an AI Receptionist and may be recorded, streamed, monitored, transcribed, analysed, summarised, stored, reviewed, and processed by AI systems and human support personnel where applicable.

You must obtain all legally required consents, notices, authorisations, lawful bases, legitimate-interest assessments, employee notices, client notices, professional notices, and opt-out mechanisms under POPIA, GDPR, ePrivacy, telecommunications laws, wiretapping laws, interception laws, consumer laws, employment laws, professional secrecy rules, and any other applicable laws before or during use of the Service, as required by your jurisdiction and use case.

TalkAI disclaims responsibility for verifying your legal compliance, drafting legally sufficient notices for your specific industry, or determining whether your jurisdiction requires one-party, two-party, all-party, prior, explicit, implied, written, verbal, or ongoing consent. If you fail to configure the AI to state appropriate notices such as "This call is recorded and transcribed," or equivalent legally required notices, you bear all resulting legal consequences, complaints, fines, claims, damages, investigations, and enforcement actions.

4.2 Minimum Customer Notice Requirement

Unless TalkAI expressly agrees otherwise in writing, you must configure the AI Receptionist or your own phone system to provide a clear notice before recording or transcription begins, or at the earliest legally permissible point in the call. The notice must be appropriate for the country, language, business, and caller type.

Recommended minimum notice (general):

"Hi, I'm the AI receptionist for [Business Name]. This call may be recorded, transcribed, analysed, summarised, and processed so that [Business Name] can respond to you and keep a record. [Business Name] is responsible for your information. You can ask [Business Name] to access or delete your information at any time. Please continue if you're happy to proceed, or let me know if you'd prefer not to be recorded."

Recommended POPIA-aligned notice (South Africa): the notice should identify the responsible party (your business, not TalkAI), the purpose (e.g. handling your enquiry, scheduling, quality and training), that recordings/transcripts may be stored and shared with the business's staff and service providers, that the caller may request access, correction, or deletion, and that complaints may be made to the Information Regulator of South Africa.

Recommended GDPR/ePrivacy-aligned notice (Germany/EU): for EU callers you should obtain consent before recording begins, identify the controller (your business), state the purpose and legal basis, state that the caller may decline without disadvantage and may withdraw consent, and provide a route to your full privacy notice. For Germany, healthcare, legal, financial, employment contexts, children, vulnerable persons, sensitive personal information, or confidential professional contexts, obtain jurisdiction-specific legal advice and use stronger consent language, human fallback options, and documentation of consent.

4.3 Sensitive Information — PCI, PHI, Special Personal Information and Confidential Data

You agree not to configure the AI to intentionally collect highly sensitive data unless expressly approved in writing by TalkAI and legally permitted. Restricted information includes credit card numbers, card CVV codes, bank login details, identity-document images, passwords, one-time PINs, special personal information, children's information, protected health information, medical diagnosis details, mental-health information, legal privilege information, trade-union information, biometric data, criminal history, tax secrets, government identifiers, or other sensitive information.

If a Caller voluntarily discloses sensitive information despite your configuration, you remain responsible for your lawful basis, notices, internal controls, deletion requests, access limitations, and compliance. TalkAI is not liable for the exposure, processing, transcription, storage, or transmission of sensitive data volunteered by Callers or caused by your configuration.

4.4 Staff, Employee and Workplace Monitoring

If your staff, contractors, receptionists, managers, sales agents, employees, or other personnel may be recorded, transcribed, monitored, summarised, evaluated, or analysed through the Service, you are responsible for providing all required employment, labour, workplace-monitoring, privacy, and union-related notices and obtaining consent where required.

4.5 Data Subject Requests and Caller Requests

You are responsible for handling Caller, staff, customer, client, patient, or End User requests relating to access, correction, deletion, objection, restriction, portability, consent withdrawal, opt-out, unsubscribe, or similar privacy rights. TalkAI will, taking into account the nature of the processing, provide reasonable technical assistance to help you respond to such requests where required by the applicable plan, Data Protection Laws, or the Data Processing Addendum, but TalkAI is not responsible for deciding how you respond to data subject requests relating to your Customer Data.

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5. ACCEPTABLE USE & PROHIBITED CONDUCT

You agree not to use the Service for unlawful, abusive, deceptive, risky, or prohibited conduct. TalkAI may determine, in its sole discretion and acting reasonably where required by law, whether use violates this section.

5.1 Prohibited Industries and High-Risk Uses

You may not use the Service for the following without explicit written enterprise approval from TalkAI: debt collection, predatory lending, payday loans, adult services, gambling, firearms, weapons, controlled substances, recreational drugs, pharmaceuticals, medical triage, mental-health crisis services, emergency dispatch, legal advice, financial advice, insurance advice, political campaigning, electioneering, high-pressure sales, regulated employment decisions, regulated housing decisions, regulated credit decisions, child services, vulnerable-person services, law enforcement, security dispatch, or any other industry or use case that TalkAI considers high-risk.

5.2 Spam, Deception and Unlawful Communications

You may not use the Service for caller ID spoofing, robocalling, phishing, scams, fraud, social engineering, impersonation, harassment, threats, hate, unlawful discrimination, sending unsolicited WhatsApp/SMS/email messages, unlawful direct marketing, unlawful telemarketing, deceptive lead generation, fake reviews, false claims, or deceiving callers into believing they are speaking to a human where disclosure of AI use is legally required or where the context would make non-disclosure misleading.

5.3 Abuse of TalkAI Staff — Zero Tolerance

Any abusive, threatening, defamatory, discriminatory, harassing, intimidating, obscene, or bad-faith behaviour directed at TalkAI personnel, support agents, contractors, partners, affiliates, or representatives may result in immediate suspension or termination of your account. TalkAI reserves the right to refuse support, restrict communication channels, preserve evidence, report threats, and recover reasonable and properly evidenced costs, losses, legal fees, chargebacks, support costs, operational expenses, or damages actually caused by such misconduct. No fixed or pre-set penalty is imposed; TalkAI may pursue only those lawful remedies and amounts that represent a genuine, evidenced pre-estimate or recovery of loss actually suffered.

5.4 Technical Abuse

You may not reverse engineer, scrape, crawl, overload, attack, probe, scan, bypass, benchmark for competitive purposes, resell without approval, attempt unauthorised access, access another Tenant, interfere with security controls, manipulate usage metrics, create fake accounts, abuse trials, generate artificial traffic, engage in traffic pumping, use bots to trigger call volume, or attempt to bypass billing, number restrictions, RICA/KYC rules, carrier limits, or platform controls.

5.5 Suspension for Acceptable Use Risk

TalkAI may suspend, restrict, throttle, block, or terminate any account, number, feature, route, integration, campaign, message type, outbound capability, or AI workflow in accordance with the notice provisions of Section 22.1 if TalkAI believes it may violate law, carrier rules, platform rules, these Terms, or TalkAI's risk policies, or if continued service may harm TalkAI, another customer, a Caller, a carrier, a regulator, a supplier, or a third party.

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6. FEES, BILLING, OVERAGES & REFUNDS

6.1 Fees

You must pay all fees associated with your Subscription Plan, Order Form, checkout page, dashboard, invoice, or usage. Fees may include subscriptions, setup fees, onboarding fees, professional services, prepaid minute bundles, number fees, carrier fees, inbound minutes, outbound minutes, transfer minutes, conference minutes, messaging fees, WhatsApp fees, SMS fees, email fees, storage fees, transcription fees, AI model usage fees, integration fees, support fees, overage fees, reactivation fees, taxes, payment-processing fees, chargeback fees, and other amounts incurred through your account.

6.2 Refunds

All payments, including subscriptions, setup fees, onboarding fees, prepaid minute bundles, number fees, carrier fees, overage bundles, professional services, pilot fees, annual commitments, and add-ons, are final and non-refundable to the maximum extent permitted by law. Cancellation stops future renewal charges but does not create a refund for unused time, unused minutes, unused messages, unused features, unused numbers, or partial billing periods, except: (a) where mandatory law requires otherwise; (b) where you exercise a valid statutory withdrawal/cooling-off right under Section 6A; or (c) where TalkAI expressly agrees in writing. This Section does not limit the mandatory consumer rights preserved in Section 6A and Section 12.2.

6.3 Fair Use and Overages (Opt-In Automatic Top-Ups)

Plans include specified usage limits, minute limits, fair-use limits, call-concurrency limits, message limits, storage limits, number limits, transfer limits, integration limits, staff-user limits, support limits, and feature limits.

Automatic overage top-ups are off by default. TalkAI will only automatically charge your payment method for an Overage Top-Up Bundle if you have expressly enabled automatic top-ups in your dashboard or Order Form. If automatic top-ups are not enabled and you exceed your plan limits, TalkAI may instead pause overage-dependent features, queue or limit traffic, or invite you to purchase additional capacity, and your AI may go offline for the excess until you add capacity. Where you have enabled automatic top-ups, bundles are charged at the rates specified in your dashboard, Order Form, pricing page, or invoice. You may disable automatic top-ups at any time from your dashboard, effective for future billing events.

TalkAI may also throttle, restrict, suspend, or require an upgrade if usage materially exceeds normal limits, creates carrier risk, creates technical risk, creates excessive cost, creates unfair shared-infrastructure burden, or violates fair-use expectations. "Unlimited" features, if offered, are subject to reasonable fair use, technical capacity, carrier limits, abuse-prevention rules, and TalkAI's reasonable discretion.

6.4 Payment Authorisation

You authorise TalkAI, Noki Group GmbH where applicable, and their payment processors to charge your payment method for all recurring fees, usage fees, overages (subject to Section 6.3), top-ups, taxes, and other amounts due. You must keep billing information current. You remain responsible for unpaid amounts even if payment fails, a card expires, a debit order is rejected, a payment processor blocks a charge, or a third party pays on your behalf.

6.5 Late Payments

If payment fails, invoices are overdue, a chargeback occurs, or TalkAI reasonably believes payment risk exists, TalkAI may, in accordance with Section 22.1, suspend your Service, restrict dashboard access, disable numbers, stop forwarding, pause AI answering, stop messaging, withhold support, require prepayment, require deposit, charge reasonable reactivation fees, recover collection costs, and pursue all lawful remedies. Reinstatement may require payment of overdue fees, reasonable reactivation fees, verification, deposit, and updated payment details.

6.6 Taxes

All fees are exclusive of VAT, sales tax, GST, telecommunications charges, withholding taxes, regulatory fees, duties, levies, and similar charges unless expressly stated otherwise. You are responsible for all applicable taxes and may not reduce payments for withholding unless legally required. If withholding is required, you must gross up payments where permitted so TalkAI receives the full invoiced amount.

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6A. CONSUMER RIGHTS — EU / GERMANY 14-DAY WITHDRAWAL & MANDATORY RIGHTS

This Section applies where the Customer is a Consumer under EU or German law, and to the extent any other Customer is granted mandatory statutory withdrawal or cooling-off rights. Nothing in these Terms waives or reduces these rights.

6A.1 Right of Withdrawal (Cooling-Off)

If you are a Consumer entering into a distance contract within the EU/EEA (including Germany), you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days from the day the contract is concluded.

To exercise the right of withdrawal, you must inform us (TalkAI / Noki Group GmbH, as applicable) of your decision by a clear statement (for example, an email to legal@talkAI.co.za or the in-dashboard cancellation tool). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

6A.2 Effects of Withdrawal

If you withdraw within the period, we will reimburse all payments received from you for the withdrawn services, without undue delay and no later than 14 days from the day on which we are informed of your decision, using the same means of payment you used, unless you expressly agree otherwise. Where you asked for services to begin during the withdrawal period, you may be required to pay a proportionate amount for the services actually provided up to the point of withdrawal.

6A.3 Model Withdrawal Form

To: Llumins (Pty) Ltd (trading as TalkAI) / Noki Group GmbH, [address], [email]. I/We hereby give notice that I/We withdraw from my/our contract for the supply of the following service: [____]. Ordered on / received on: [____]. Name of consumer(s): [____]. Address of consumer(s): [____]. Signature (only if this form is notified on paper): [____]. Date: [____].

6A.4 Other Non-Excludable Rights

Mandatory statutory rights under the EU Consumer Rights Directive, German law (including the BGB), the South African Consumer Protection Act, POPIA/GDPR, and applicable telecommunications and product-liability laws are preserved and apply notwithstanding anything to the contrary in these Terms.

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7. REFERRAL — INVITE & EARN — AND AFFILIATE PROGRAMS

TalkAI encourages growth through its Referral, Invite & Earn, Affiliate, Partner, Agency, and Reseller programs. Participation is a privilege, not a right, and is subject to these Terms, the applicable program page, dashboard rules, and TalkAI's approval.

7.1 Invite & Earn — Customer Referral Program

Existing active customers in good standing may refer new businesses to TalkAI and may earn account credits, free months, usage credits, discounts, or other rewards shown in the applicable referral program. Credits are applied only after the referred customer completes the required paid subscription period, remains active, and passes TalkAI's fraud, payment, chargeback, and eligibility checks.

Referral credits have no cash value, cannot be withdrawn, transferred, sold, assigned, refunded, exchanged for cash, used to pay taxes, used to pay third-party pass-through fees unless TalkAI allows it, or applied outside the TalkAI account except as expressly permitted.

If TalkAI offers a "refer 10, get a year free" or similar promotion, the reward applies only after all required referrals are valid, paid, active, non-fraudulent, non-duplicate, not self-referred, and approved by TalkAI. TalkAI may cap the reward to the Customer's then-current base subscription fee and exclude overages, number fees, carrier fees, messaging fees, setup fees, taxes, professional services, enterprise custom fees, or other pass-through costs.

7.2 Affiliate Program

Approved partners, affiliates, agencies, consultants, influencers, publishers, or resellers may earn recurring or one-time commissions on eligible referred active customers, subject to written approval, dashboard tracking, applicable affiliate terms, and TalkAI's records. Affiliates are independent contractors and have no authority to bind TalkAI, make promises for TalkAI, modify pricing, grant refunds, offer unauthorised discounts, make legal representations, or represent themselves as employees of TalkAI.

Commissions are calculated on net revenue actually received by TalkAI unless the affiliate dashboard or written agreement states otherwise. Net revenue excludes taxes, refunds, chargebacks, credits, discounts, carrier fees, number fees, overages unless included, messaging fees unless included, payment fees, bad debt, professional services unless included, and other excluded amounts.

7.3 Fraud, Clawbacks and Attribution

TalkAI actively monitors for self-referrals, duplicate accounts, fake businesses, spam, paid-ad abuse, coupon-site abuse, trademark bidding, cookie stuffing, misleading claims, fraudulent transactions, chargebacks, refund abuse, artificial traffic, and other misuse.

"Fraud or abuse" for clawback purposes means, without limitation: self-referrals or referrals using alternate or duplicate accounts; referrals of businesses that are not genuine, independent, or arm's-length; chargebacks, payment reversals, or non-payment by the referred customer; cancellation within the qualifying period; incentivised or bot-generated signups; trademark or paid-search abuse; or any breach of these Terms or the Acceptable Use Policy.

Where TalkAI reasonably identifies suspected fraud or abuse, TalkAI will notify the affected Referrer or Affiliate and, except in cases of clear fraud, illegal activity, or chargeback, provide a period of at least 14 days to respond and remediate before any reversal becomes final. After that process (or immediately in cases of clear fraud, illegal activity, or chargeback), TalkAI may reverse, deduct, set off, delay, deny, or claw back any affected credits, free months, commissions, affiliate rewards, referral rewards, or payments. TalkAI's tracking, attribution, fraud, eligibility, and payment records are presumed correct, but a Referrer or Affiliate may provide contrary evidence within the response period. TalkAI may change, suspend, limit, or terminate referral and affiliate programs on reasonable notice.

7.4 Marketing Compliance by Referrers and Affiliates

Referrers and Affiliates must not send spam, violate POPIA, GDPR, ePrivacy, CAN-SPAM, TCPA, WhatsApp rules, SMS rules, email rules, direct-marketing rules, platform rules, or advertising laws. They must not make false or misleading claims, guarantee results, claim TalkAI is error-free, claim TalkAI replaces all staff in all circumstances, claim TalkAI provides legal/medical/financial/emergency services, use fake reviews, impersonate TalkAI, use confusing domains, bid on TalkAI trademarks without permission, or hide required affiliate disclosures.

Specifically, Referrers and Affiliates must:

• Clearly and conspicuously disclose the commercial/affiliate relationship in every promotion, in line with FTC Guides (US), the UK CMA / ASA rules, the EU Unfair Commercial Practices Directive, and the South African CPA, using clear labels such as "#ad," "#affiliate," "paid partnership," or an equivalent that an average consumer will understand, placed where it is immediately visible (not buried in hashtags or behind a "more" link).
• Use only approved TalkAI brand assets, approved claims, and accurate, current pricing and feature descriptions.
• Maintain their own tax registration and meet their own tax-reporting obligations; commissions are paid gross of the Affiliate's own taxes, and TalkAI may require tax/identity documentation before paying commissions.
• Not represent that TalkAI provides emergency, life-safety, or regulated professional services, or that outcomes (leads, revenue, savings) are guaranteed.

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8. INTELLECTUAL PROPERTY & DATA RIGHTS

8.1 TalkAI Intellectual Property

TalkAI retains all rights, title, and interest in and to the platform, source code, software, APIs, dashboards, user interfaces, orchestration logic, prompt architectures created by TalkAI, workflows, templates, documentation, analytics, model orchestration, security systems, product designs, trade names, trademarks, branding, know-how, improvements, and related intellectual property.

You may not copy, reverse-engineer, decompile, disassemble, scrape, resell, sublicense, rent, lease, white-label, frame, benchmark for competitive purposes, create derivative works from, or otherwise exploit the Service unless expressly permitted in a signed White-Label Reseller Agreement, Partner Agreement, or Enterprise Agreement, or unless such restriction is prohibited by mandatory law.

8.2 Customer Data Ownership

You retain ownership of your Customer Data, subject to the rights and licences granted in these Terms and any Data Processing Addendum. You are solely responsible for the legality, accuracy, quality, completeness, retention, deletion, and use of Customer Data.

8.3 Customer Data Licence for Providing the Service

You grant TalkAI a worldwide, non-exclusive, royalty-free licence to host, process, transmit, store, copy, display, analyse, transform, transcribe, summarise, route, use, and otherwise process Customer Data as necessary to provide, secure, maintain, support, troubleshoot, bill, and operate the Service, comply with law, prevent abuse, investigate incidents, provide support, and enforce these Terms. This licence is limited to the purposes stated and terminates in accordance with the retention and deletion rules in Section 22 and the Data Processing Addendum.

8.4 Aggregated, Anonymised and De-Identified Data — Safer AI Improvement Clause

TalkAI may use aggregated, anonymised, or de-identified call logs, transcripts, metadata, analytics, interaction patterns, error reports, performance information, and usage information to maintain, secure, debug, analyse, benchmark, develop, and improve the Service, provided such data does not reasonably identify the Customer, a Caller, an individual, or a specific confidential business interaction.

TalkAI will not use identifiable Customer Data to train public AI models or third-party foundation models unless expressly agreed in writing, expressly permitted in the applicable Data Processing Addendum, required to provide the Service at the Customer's instruction, or otherwise permitted by applicable law. Where model-provider settings allow, TalkAI will use commercially reasonable controls intended to prevent Customer Data from being used by third-party model providers to train their general models. You may contact TalkAI at any time to confirm or adjust the model-improvement settings available for your plan.

8.5 Feedback

If you provide feedback, ideas, suggestions, improvements, bug reports, feature requests, prompts, workflows, or recommendations, you grant TalkAI a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, commercialise, and incorporate that feedback without restriction or compensation.

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9. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKAI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, UNINTERRUPTED OPERATION, ERROR-FREE OPERATION, CALL QUALITY, MESSAGE DELIVERY, NUMBER AVAILABILITY, AI ACCURACY, TRANSCRIPT ACCURACY, SUMMARY ACCURACY, BOOKING ACCURACY, TRANSFER SUCCESS, LEAD CONVERSION, CUSTOMER SATISFACTION, REVENUE GENERATION, LEGAL COMPLIANCE SUITABILITY, OR SUITABILITY FOR REGULATED INDUSTRIES.

WE DO NOT WARRANT THAT THE AI WILL BE ERROR-FREE, THAT THE SERVICE WILL BE UNINTERRUPTED, THAT CALLS WILL ALWAYS CONNECT, THAT MESSAGES WILL ALWAYS DELIVER, THAT TRANSFERS WILL ALWAYS SUCCEED, THAT NUMBERS WILL ALWAYS REMAIN AVAILABLE, THAT THIRD-PARTY SERVICES WILL ALWAYS FUNCTION, OR THAT THE SERVICE WILL GENERATE SPECIFIC BUSINESS RESULTS, BOOKINGS, LEADS, SAVINGS, OR REVENUE.

No advice, support response, onboarding assistance, demo, sales presentation, website claim, roadmap item, estimate, benchmark, call example, script suggestion, or documentation creates a warranty unless expressly included in a signed written agreement. Nothing in this Section excludes any warranty or right that cannot be excluded under mandatory law (including the South African CPA and mandatory EU/German consumer law).

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9A. EU AI ACT — AI TRANSPARENCY & RESPONSIBLE USE

This Section reflects obligations under the EU AI Act and good-practice AI transparency. It applies to all Customers, and with particular force to EU-facing deployments.

9A.1 AI Disclosure

The AI Receptionist is an artificial-intelligence system that interacts directly with natural persons. Where required by the EU AI Act or other law, Callers must be informed that they are interacting with an AI system, in a clear and timely manner, unless this is obvious from the context to a reasonably well-informed person. You are responsible for configuring and maintaining this disclosure in your call flows, opening messages, and notices (see Section 4.2).

9A.2 Prohibited and High-Risk Uses

You must not configure or use the Service for any AI practice prohibited by the EU AI Act, including manipulative or deceptive techniques that materially distort behaviour, exploitation of vulnerabilities, social scoring, or unlawful biometric categorisation or identification. If your intended use would constitute a "high-risk" AI use under the EU AI Act (for example in employment, credit, essential services, or certain regulated contexts), you must not deploy it on the Service without first obtaining TalkAI's written approval and implementing the additional human-oversight, documentation, and risk-management measures required by law.

9A.3 Synthetic Voice and Deepfake Content

You must not use voice cloning, synthetic voice likenesses, celebrity-like voices, employee-like voices, customer-like voices, or brand-like impersonation unless you have all required rights, releases, and consents, and TalkAI's written approval where required. Where the Service generates synthetic audio that could be mistaken for a specific real person, you are responsible for any labelling or disclosure required by the EU AI Act or other law.

9A.4 Human Oversight and Logging

You must maintain meaningful human oversight appropriate to your use case, review AI outputs for material decisions, and keep your configurations current. TalkAI maintains operational logs to support security, debugging, and service quality; you remain responsible for your own record-keeping needed to evidence consent, disclosures, and oversight in your business.

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10. STRICT INDEMNIFICATION — CUSTOMER OBLIGATION

You agree to fully defend, indemnify, and hold harmless TalkAI, Noki Group GmbH, their affiliates, directors, officers, employees, contractors, consultants, shareholders, agents, cloud providers, carriers, processors, licensors, and service providers from and against any and all third-party claims, complaints, demands, disputes, damages, losses, liabilities, fines, penalties, settlements, costs, expenses, investigations, enforcement actions, regulator actions, carrier actions, chargebacks, and reasonable legal fees arising directly or indirectly from:

• Your use, misuse, configuration, supervision, or failure to supervise the Service.
• Your Customer Data, prompts, scripts, FAQs, business logic, workflows, integrations, contact lists, calendars, CRM data, staff settings, business hours, prices, service descriptions, or routing rules.
• Your failure to obtain legal consent for call recording, transcription, monitoring, AI processing, AI summaries, message processing, staff monitoring, or data processing.
• Your failure to disclose that a caller may be interacting with an AI Receptionist, or your failure to provide required AI transparency notices.
• Your failure to legally RICA/register phone numbers, complete KYC/KYB, verify number control, maintain number authorisation, or comply with telecom and messaging regulations.
• Your publication or misuse of a Restricted Inbound Gateway Number, or your use of any number in violation of these Terms.
• Your violation of telecom, carrier, WhatsApp, SMS, email, direct marketing, anti-spam, caller-ID, robocalling, consumer, or messaging regulations.
• Claims brought by your clients, customers, callers, patients, tenants, guests, suppliers, staff, contractors, or third parties resulting from the AI's statements, hallucinations, omissions, routing errors, failed transfers, failed messages, failed bookings, offensive statements, inaccurate summaries, or other outputs.
• Your violation of data privacy laws, including POPIA, GDPR, ePrivacy, the EU AI Act, TCPA where applicable, direct-marketing laws, call-recording laws, interception laws, employment privacy rules, or professional confidentiality rules.
• Any claims of professional negligence, malpractice, regulated advice, unauthorised advice, or industry-rule violation if you use the AI in legal, medical, financial, insurance, tax, debt, employment, housing, regulated, urgent, or professional contexts.
• Your violation of intellectual property rights, personality rights, voice rights, publicity rights, confidentiality rights, privacy rights, consumer rights, or contractual rights of any third party.
• Your unlawful or unauthorised use of synthetic voices, voice cloning, employee-like voices, customer-like voices, celebrity-like voices, or impersonation.
• Your breach of these Terms, the incorporated policies, any Order Form, applicable laws, carrier rules, platform rules, or Third-Party Service terms.
• Your negligence, wilful misconduct, fraud, unlawful conduct, misrepresentation, or omission.
• The acts or omissions of your owners, directors, employees, staff, contractors, agencies, affiliates, resellers, representatives, administrators, invited users, or anyone accessing the Service through your account.

This indemnity does not require you to indemnify TalkAI to the extent a claim arises from TalkAI's own fraud, gross negligence, wilful misconduct, or breach of these Terms, or where indemnification is prohibited by mandatory law. TalkAI may assume exclusive defence and control of any matter subject to indemnification, at your reasonable expense. You must cooperate reasonably with TalkAI's defence and may not settle any claim in a way that imposes obligations, admissions, liability, or restrictions on TalkAI without TalkAI's prior written consent. This indemnity survives termination.

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11. LIMITATION OF LIABILITY — AGGREGATE CAP

IN NO EVENT SHALL TALKAI, NOKI GROUP GMBH, THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CARRIERS, CLOUD PROVIDERS, PROCESSORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST CUSTOMERS, MISSED LEADS, MISSED CALLS, MISSED BOOKINGS, INCORRECT BOOKINGS, LOST DATA, DATA CORRUPTION, BUSINESS INTERRUPTION, REPUTATIONAL HARM, CALLER COMPLAINTS, REGULATORY FINES CAUSED BY CUSTOMER CONDUCT, PROFESSIONAL LIABILITY CLAIMS, OR THIRD-PARTY CLAIMS ARISING FROM CUSTOMER USE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKAI'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT, THE SERVICE, THE AI RECEPTIONIST, TELEPHONY, NUMBERS, RECORDINGS, TRANSCRIPTS, MESSAGES, INTEGRATIONS, SUPPORT, REFERRALS, AFFILIATES, OR THIRD-PARTY SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO TALKAI FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ZAR 100,000 (ONE HUNDRED THOUSAND RAND) OR EUR 5,000 (FIVE THOUSAND EURO), AS APPLICABLE TO THE CONTRACTING ENTITY AND JURISDICTION.

This cap applies collectively to all claims and is not per incident. Multiple claims do not increase the cap. The limitation applies whether the claim is based in contract, delict/tort, statute, negligence, strict liability, indemnity, warranty, misrepresentation, restitution, unjust enrichment, or any other theory, even if TalkAI was advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, intentional misconduct, gross negligence, death or personal injury caused by negligence, liability under mandatory product-liability law, or any other liability that applicable mandatory law (including the South African CPA and mandatory German/EU law) does not permit to be excluded or limited. In such cases, liability applies to the extent required by, and is limited only as far as permitted by, that mandatory law.

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12. GOVERNING LAW, JURISDICTION & DISPUTE RESOLUTION

12.1 South Africa and Global Customers

For clients contracting with Llumins (Pty) Ltd (trading as TalkAI), these Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law principles. Subject to mandatory law, disputes shall be resolved by confidential binding arbitration in Cape Town, Western Cape, South Africa, in English, under rules agreed by the parties or, failing agreement, under the rules of the Arbitration Foundation of Southern Africa or another recognised arbitration body selected by TalkAI acting reasonably. Nothing in this Section prevents a Consumer or other protected party from exercising any non-waivable right to approach a court, tribunal, ombud, or the National Consumer Commission where mandatory law so provides.

12.2 Germany and European Union Customers

For clients expressly contracting with Noki Group GmbH, these Terms are governed by the laws of Germany, subject to mandatory EU and German laws that cannot be excluded. Disputes shall be resolved in the competent courts of Germany; however, where you are a Consumer, you retain any mandatory right to bring proceedings in the courts of your country of residence and to rely on the mandatory consumer-protection law of that country. Nothing in these Terms limits mandatory data-protection rights, consumer rights, or other non-excludable statutory rights. The European Commission's Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr for Consumers; we are [/are not] obliged or willing to participate in dispute-resolution proceedings before a consumer arbitration board (to be confirmed by counsel).

12.3 Urgent Relief, Debt Collection and Platform Protection

Notwithstanding the above, TalkAI may seek urgent injunctive relief, interim relief, account-protection orders, intellectual-property protection, debt collection, payment enforcement, abuse-prevention relief, confidentiality enforcement, or security-related relief in any competent court or forum.

12.4 Class Action Waiver

To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, representative, private-attorney-general, or similar action. If this waiver is unenforceable in a particular jurisdiction, or against a Consumer with non-waivable collective-redress rights, it will be severed only to the extent necessary and the remaining provisions will continue to apply.

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12A. COMPLAINTS HANDLING

We want to resolve problems quickly and fairly.

• How to complain: email legal@talkAI.co.za (or support@talkAI.co.za) with the subject line "Complaint," or use the in-dashboard complaint/contact form. Please include your account details and a description of the issue.
• Acknowledgement: we will acknowledge your complaint within 2 business days.
• Resolution: we aim to provide a substantive response or resolution within 14 days. If a complaint is complex and needs longer, we will tell you why and give an expected timeframe.
• Escalation: if you are not satisfied, you may escalate within TalkAI by replying to our response and requesting senior review, and you retain any right to refer the matter to a competent regulator, ombud, or court. South African consumers may contact the National Consumer Commission or, for data matters, the Information Regulator. EU/German consumers may use the EU ODR platform (Section 12.2) and competent local authorities.

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13. AMENDMENTS

TalkAI reserves the right to update, replace, supplement, or amend these Terms. Material changes (including price increases and changes to liability or data-processing terms) will be notified to you in advance by a reasonable method (email, dashboard notice, checkout page, invoice, support portal, or app) at least 30 days before they take effect, except where a shorter period is required for legal, security, regulatory, or carrier reasons. Non-material or clarifying changes may be posted with notice on our website or dashboard.

Your continued use of the Service after revised Terms take effect constitutes acceptance. If you do not agree to revised Terms, you may stop using the Service and cancel your subscription before the revised Terms take effect; where the change is material and disadvantages you, you may terminate without penalty and, where applicable, receive a pro-rata refund of pre-paid fees for the unused period. Mandatory consumer rights are unaffected.

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14. PRIVACY POLICY — INCORPORATED SUMMARY

This section summarises the Privacy Policy. The full Privacy Policy, when published separately, is incorporated into these Terms. If the full Privacy Policy conflicts with this section, the full Privacy Policy controls for privacy-specific matters unless these Terms provide stronger customer obligations.

TalkAI may process account information, billing information, contact information, usage information, support information, call metadata, Customer Data, Call Content, recordings, transcripts, AI summaries, integration data, security logs, and device/browser information to provide, secure, bill, support, improve, and enforce the Service.

Roles. For Customer Data processed on your behalf, you are the controller/responsible party and TalkAI is the processor/operator. For account, billing, security, abuse-prevention, analytics, legal-compliance, and product-administration data, TalkAI acts as an independent controller/responsible party.

Lawful basis and your responsibility. You are responsible for ensuring that all personal information you submit to or process through the Service is collected and processed lawfully, with appropriate privacy notices to your Callers, staff, customers, clients, patients, tenants, guests, suppliers, and other End Users, and on a valid lawful basis. You must not use the Service to process personal information unlawfully or without required consent or lawful basis.

Individual rights. Individuals may have rights of access, correction, deletion, objection, restriction, portability, and to withdraw consent. As controller you are primarily responsible for responding; TalkAI will provide reasonable assistance as set out in Section 4.5 and the DPA.

Disclosures. TalkAI may disclose information to affiliates, Noki Group GmbH, carriers, cloud providers, AI providers, speech providers, payment processors, professional advisers, support providers, subprocessors, regulators, courts, law enforcement, tax authorities, and other parties where necessary to provide the Service, comply with law, prevent abuse, collect payment, enforce Terms, or protect rights and safety.

Retention. TalkAI retains data for as long as needed to provide the Service and as required by law, then deletes or anonymises it according to its retention schedule, backup cycles, and the DPA. You are responsible for exporting data you wish to keep (Section 22.3).

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15. DATA PROCESSING ADDENDUM (DPA) — BINDING CORE TERMS

Where TalkAI processes personal data on your behalf, the following core processing terms apply now and are binding, and are supplemented by any separate, more detailed DPA that the parties accept. These terms are intended to satisfy GDPR Article 28 and the operator provisions of POPIA.

1. Roles & instructions. You are the controller/responsible party; TalkAI is the processor/operator. TalkAI processes Customer Data only on your documented instructions (including those given through configuration and use of the Service), except where required by law, in which case TalkAI will inform you unless legally prohibited.
2. Purpose limitation. TalkAI processes Customer Data only to provide, secure, maintain, support, bill for, and operate the Service, to prevent abuse, to investigate incidents, and to comply with law; and as otherwise instructed by you.
3. Confidentiality. TalkAI ensures persons authorised to process Customer Data are bound by confidentiality obligations.
4. Security. TalkAI implements appropriate technical and organisational measures designed to protect Customer Data, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing, and the risk to individuals (see also Section 23).
5. Subprocessors. You provide general authorisation for TalkAI to engage subprocessors (Section 21). TalkAI will impose data-protection obligations on subprocessors substantially similar to those in this Section and remains responsible for their performance, and will inform you of intended changes to give you the opportunity to object on reasonable data-protection grounds.
6. Assistance. Taking into account the nature of processing, TalkAI will assist you, by appropriate technical and organisational measures and insofar as possible, to respond to data-subject requests and to meet your obligations regarding security, breach notification, data-protection impact assessments, and prior consultation.
7. Personal-data breach. TalkAI will notify you without undue delay after becoming aware of a personal-data breach affecting Customer Data, with information reasonably available to assist your own notification obligations.
8. International transfers. Where Customer Data is transferred across borders (which may include the EU/EEA, South Africa, the United Kingdom, the United States, and other countries depending on the providers used), TalkAI will use an appropriate transfer mechanism where required, such as an adequacy decision, the EU Standard Contractual Clauses, the UK IDTA/addendum, transfer-risk assessments, and supplementary measures.
9. Deletion/return. On termination, TalkAI will delete or return Customer Data in accordance with Section 22 and applicable law, subject to legal retention requirements.
10. Audits. TalkAI will make available information reasonably necessary to demonstrate compliance with this Section and allow for and contribute to audits, including inspections, conducted by you or an auditor you mandate, subject to reasonable confidentiality, security, scheduling, and cost arrangements.
11. Restricted data. You must not submit special categories of personal data, sensitive personal information, children's information, health information, financial-account data, government identifiers, or regulated data unless you have a lawful basis, have configured the required notices and controls, and TalkAI has approved the use case where required (see Section 4.3).

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16. ACCEPTABLE USE POLICY — INCORPORATED SUMMARY

The Acceptable Use Policy is incorporated into these Terms and may be updated from time to time. At minimum, it prohibits unlawful, deceptive, abusive, spam, fraudulent, high-risk, technically abusive, privacy-invasive, and carrier-prohibited uses. It also prohibits attempts to access another Tenant, bypass billing, bypass RICA/KYC, reverse engineer the Service, overload infrastructure, or damage TalkAI's reputation.

TalkAI may, in accordance with Section 22.1, suspend or terminate accounts, numbers, campaigns, messages, integrations, or traffic that violates the Acceptable Use Policy or creates risk to TalkAI, carriers, suppliers, regulators, customers, callers, or third parties.

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17. AI TRANSPARENCY STATEMENT — INCORPORATED SUMMARY

You are responsible for ensuring that Callers are informed when they are interacting with an AI Receptionist where required by law or where failing to disclose would be misleading (see Section 9A). You may not configure the Service to impersonate a specific human, mislead Callers into believing they are speaking to a human when disclosure is required, or hide the automated nature of the interaction unlawfully.

You must configure appropriate AI disclosure scripts, opening messages, staff training, website notices, privacy notices, and caller notices. For Germany/EU use, you should assume AI disclosure is required where a natural person interacts directly with the AI unless legal advice confirms otherwise for your specific use case.

You may not use voice cloning, synthetic voice likenesses, celebrity-like voices, employee-like voices, customer-like voices, or brand-like impersonation unless you have all required rights, releases, consents, and written approval from TalkAI where required.

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18. CALL RECORDING AND CONSENT POLICY — INCORPORATED SUMMARY

The Call Recording and Consent Policy is incorporated into these Terms. You are responsible for configuring notices and obtaining consent for recording, streaming, monitoring, transcription, AI summarisation, storage, review, and processing. This responsibility applies even if TalkAI provides default scripts, suggested wording, dashboard toggles, consent tools, or technical settings.

If your business operates in multiple jurisdictions, receives international callers, records employees, handles confidential professional information, or operates in Germany/EU, you must adopt the highest applicable consent standard unless legal advice confirms a lower standard is lawful.

TalkAI may require you to use a default recording/transcription disclosure before enabling recording, transcription, or AI summaries. TalkAI may disable recording, transcription, storage, or AI summaries if TalkAI believes your configuration creates legal, regulatory, or reputational risk.

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19. FAIR USE AND USAGE POLICY — INCORPORATED SUMMARY

TalkAI's Fair Use and Usage Policy is incorporated into these Terms. TalkAI may set or change reasonable limits for call minutes, transferred minutes, messages, recordings, transcripts, storage, numbers, users, concurrent calls, AI model use, API calls, integrations, retries, support requests, trial usage, and other resources.

TalkAI may charge overages (subject to the opt-in rule in Section 6.3), require upgrades, require deposits, require prepayment, throttle traffic, suspend service, or impose custom pricing where usage exceeds plan assumptions, causes carrier concerns, burdens shared infrastructure, creates excessive cost, or indicates fraud or abuse.

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20. REFUND POLICY — INCORPORATED SUMMARY

Unless mandatory law requires otherwise (including the statutory withdrawal right in Section 6A) or TalkAI expressly agrees in writing, TalkAI does not provide refunds for subscriptions, setup fees, onboarding fees, prepaid minute bundles, number fees, carrier fees, message fees, professional services, annual commitments, unused usage, unused time, unused numbers, suspended accounts, terminated accounts, or customer configuration errors.

If TalkAI voluntarily provides a credit, refund, discount, goodwill credit, or free month, it does not create a precedent, waiver, or obligation to provide similar relief in the future.

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21. SUBPROCESSOR LIST — INCORPORATED SUMMARY

To provide the Service, TalkAI uses a limited number of vetted third-party subprocessors and service providers across the following functional categories: cloud hosting and compute; data storage and application services; conversational AI and language-model processing; telephony and number provisioning; messaging (including SMS, WhatsApp, and similar channels); calendar and scheduling; caching and session state; payment processing; email delivery; and analytics, security, and monitoring.

TalkAI selects subprocessors that offer appropriate technical and organisational safeguards and binds them to data-protection obligations substantially similar to those in Section 15. TalkAI remains responsible for the performance of its subprocessors.

The identity of specific subprocessors, their processing purposes, and their locations constitute TalkAI's confidential and commercially sensitive information. A current subprocessor list is available to customers on written request to legal@talkAI.co.za, and may be provided subject to confidentiality undertakings. Where Data Protection Laws require, TalkAI will provide notice of material changes to subprocessors and a mechanism to object on reasonable data-protection grounds. Your continued use of the Service after a subprocessor update constitutes acceptance unless applicable law requires otherwise.---

22. SUSPENSION, TERMINATION AND DATA EXPORT

22.1 Suspension (Notice and Emergency)

Except in the urgent cases listed below, TalkAI will give you reasonable prior notice and, where the issue is curable, a reasonable opportunity to cure, before suspending or restricting the Service. TalkAI may suspend or restrict immediately and without prior notice only where reasonably necessary, including where: payment is materially overdue after notice; your account appears compromised; your use, traffic, or configuration is fraudulent, unlawful, abusive, or creates imminent legal, carrier, security, regulatory, privacy, financial, technical, reputational, or supplier risk; required RICA/KYC is incomplete; a carrier, regulator, or court requires suspension; or continuing the Service may cause imminent harm to TalkAI or a third party. Where TalkAI suspends without prior notice, it will notify you promptly afterwards and, where practicable, explain how to restore the Service.

Suspension does not relieve you of payment obligations for amounts properly due. TalkAI is not liable for losses caused by a suspension made reasonably and in good faith in line with this Section.

22.2 Termination

TalkAI may terminate your account or any Service for material breach (with notice and a cure opportunity where the breach is curable and the situation is not urgent), and immediately for non-payment after notice, unlawful use, high-risk use, fraud, serious abuse, regulatory issues, carrier issues, repeated support abuse, discontinued third-party functionality, or where continuing the Service is no longer lawfully, technically, or operationally feasible. You may terminate by cancelling through the approved process, subject to any committed term or unpaid amounts, and subject to your Section 6A withdrawal rights.

Upon termination, your right to use the Service ends, numbers may be released or reclaimed, integrations may be disconnected, data access may be disabled, unpaid fees become due, and TalkAI may delete data according to retention rules, backup cycles, legal requirements, security needs, dispute needs, and the DPA.

22.3 Data Export

You are responsible for exporting data before termination if you require a copy. TalkAI will provide reasonable export tools or assistance depending on your plan, data type, format, retention period, and technical feasibility, and as required by the DPA and Data Protection Laws. TalkAI is not obligated to retain or recover data after the applicable retention period unless required by law or agreed in writing.

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23. SECURITY

TalkAI will use commercially reasonable technical and organisational measures designed to protect the Service, including encryption in transit (TLS) and at rest where applicable, access controls, logical tenant separation, logging, and monitoring. However, no cloud, AI, telecom, internet, messaging, payment, or integration system can be guaranteed perfectly secure or uninterrupted.

You are responsible for securing your account, passwords, devices, email accounts, staff access, administrators, integrations, API keys, CRM accounts, calendars, forwarding numbers, payment details, and internal systems. You must promptly notify TalkAI of suspected unauthorised access, credential compromise, number misuse, fraud, or security incidents involving your account.

Subject to Section 11 and mandatory law, TalkAI is not liable for incidents caused by weak passwords, shared accounts, compromised staff devices, compromised email accounts, internal staff misuse, customer-side malware, social engineering, phishing, customer misconfiguration, third-party breaches outside TalkAI's reasonable control, or unauthorised users invited or permitted by you.

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24. CONFIDENTIALITY

Each party may receive confidential information from the other. The receiving party must use reasonable care to protect confidential information and may use it only for purposes related to the Service. Confidential information does not include information that is public, independently developed, lawfully received from another source, or already known without confidentiality obligations.

TalkAI may disclose confidential information to affiliates, Noki Group GmbH, employees, contractors, advisers, carriers, cloud providers, processors, subprocessors, payment processors, legal advisers, auditors, and other service providers who need it to provide, secure, support, improve, bill, or enforce the Service, under confidentiality obligations. TalkAI may also disclose information where required by law, court order, regulator, tax authority, carrier, law enforcement, payment processor, or platform provider.

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25. PUBLICITY

Unless you opt out in writing (legal@talkAI.co.za), TalkAI may identify you as a customer using your business name, logo, and general use-case description in customer lists, sales materials, pitch decks, investor materials, proposals, and website pages. TalkAI will not publish detailed case studies, recordings, transcripts, confidential business data, or sensitive operational details without your additional consent.

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26. SUPPORT AND SERVICE LEVELS

Support availability depends on your plan. TalkAI may provide support through email, chat, helpdesk, dashboard, WhatsApp, phone, documentation, or other channels. Support does not include legal advice, compliance advice, emergency response, custom development, carrier disputes, third-party CRM troubleshooting, customer data cleanup, or professional services unless expressly included.

Unless a separate Service Level Agreement is signed, TalkAI does not provide guaranteed uptime, answer rate, call quality, latency, transfer success, message delivery, booking success, recovery time, or support response time. Service may be unavailable because of maintenance, updates, outages, third-party failures, carrier failures, cloud failures, AI provider failures, internet issues, customer misconfiguration, payment issues, security incidents, regulatory issues, force majeure, or other circumstances.

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27. FORCE MAJEURE

TalkAI is not liable for delay, interruption, failure, or non-performance caused by events beyond its reasonable control, including internet failure, carrier failure, cloud-provider failure, AI-provider failure, power failure, labour disputes, war, terrorism, civil unrest, pandemics, natural disasters, government action, regulatory changes, cyberattacks, denial-of-service attacks, supplier failure, payment-network failure, app-store action, telecommunications disruption, sanctions, export-control issues, or force majeure events affecting suppliers or customers.

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28. ASSIGNMENT, SUBCONTRACTING AND RESTRUCTURING

You may not assign or transfer your rights or obligations under these Terms without TalkAI's prior written consent (not to be unreasonably withheld for a transfer to a bona fide successor of your business). TalkAI may assign, transfer, subcontract, delegate, restructure, or novate its rights and obligations to an affiliate, Noki Group GmbH, successor, acquirer, investor, purchaser, reseller, carrier, processor, or service provider where commercially reasonable or as part of a merger, acquisition, reorganisation, sale of assets, financing, or corporate restructuring, provided your rights under these Terms are not materially diminished.

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29. NOTICES

TalkAI may send notices by email, dashboard notice, website posting, checkout notice, invoice note, app notification, WhatsApp, SMS, support portal, or other contact method associated with your account. You are responsible for keeping contact details current. Legal notices to TalkAI must be sent to legal@talkAI.co.za and to the registered address of the applicable contracting entity.

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30. SEVERABILITY, WAIVER AND ENTIRE AGREEMENT

If any provision of these Terms is invalid, unlawful, or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in force. Failure to enforce any provision is not a waiver. Any waiver must be in writing and signed by TalkAI.

These Terms, together with the incorporated documents and applicable Order Forms, constitute the entire agreement between the parties regarding the Service and replace all prior discussions, proposals, representations, marketing statements, demos, emails, or understandings, except where a signed agreement expressly states otherwise, and except for mandatory rights that cannot be excluded.

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31. SURVIVAL

Provisions relating to fees, taxes, payment, number use, data retention, privacy, data processing, confidentiality, intellectual property, feedback, disclaimers, limitation of liability, indemnity, dispute resolution, governing law, referrals, affiliates, acceptable use, security, complaints, and any provisions intended to survive will survive termination.

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32. CUSTOMER ACCEPTANCE AND ONBOARDING CONFIRMATION

Before activating the Service, TalkAI may require the Customer to accept an onboarding confirmation substantially in the following form:

"I confirm that I am authorized to act for the business named in this account. I confirm that any phone number I connect, forward, whitelist, use, or request through TalkAI is lawfully owned, controlled, assigned to, or authorised for use by the business. I confirm that any South African number I use with TalkAI is RICA-registered to the correct person or business where required. I understand that the included TalkAI inbound gateway number is not a public-facing number and must not be published, advertised, displayed, used for outbound calls, used for SMS, or given to clients unless TalkAI has confirmed that the number has been properly assigned and RICA/KYC-verified for public use. I am responsible for notifying callers that they may be speaking to an AI receptionist and that calls may be recorded, transcribed, summarised, and processed. I accept full responsibility for obtaining all required consents and for complying with all privacy, recording, telecommunications, marketing, professional, and consumer laws applicable to my business."

TalkAI may require the Customer to re-confirm this statement when adding numbers, enabling direct inbound numbers, enabling outbound calling, enabling SMS/WhatsApp, enabling recording, enabling transcription, changing jurisdictions, changing entities, or changing use cases.

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33. CONTACT INFORMATION

• LLumins (Pty) Ltd (trading as TalkAI) — 110 Lourensriver Road, Strand, 7140, Cape Town, South Africa, South Africa. Registration number 2022 / 884283 / 07.
• Noki Group GmbH — Germany.
• General / legal contact: legal@talkAI.co.za
• Support: support@talkAI.co.za
• Response time: complaints acknowledged within 2 business days (Section 12A).

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End of TalkAI Terms & Conditions — Version 1.0, 18 June 2026.

This Version 1.0 is published for use while a confirmatory legal review for South Africa and Germany/EU is completed. Mandatory statutory rights always prevail over any conflicting term.