Terms of Service

Agreeing to these terms

These Terms of Service (“Terms”) apply to Bridgebos, the AI business operating system provided by The Cutting Edge Group CC, registration number 2009/036136/23, South Africa, trading as Bridgebos and Bridgebos.ai (“we”, “us”). They cover the platform, its web addresses, its API and command-line tool, and its integrations (the “Service”). “You” and “customer” mean the organisation that signs up for or uses the Service.

By signing an order, accepting a quote or invoice, or using the Service, you agree to these Terms on that organisation’s behalf. Where a signed order or written agreement with us says something different from these Terms, the order or agreement wins on that point.

Who may use the Service

The Service is for businesses, schools and other organisations, not for personal or household use. The person who accepts these Terms must be at least 18 and have authority to bind the organisation. You may let your staff and other people you authorise use the Service under your account (“users”), and you are responsible for what they do in it. You may not use the Service where the law, including sanctions law, forbids it.

Accounts and security

Give each person their own account, keep sign-in details secret, and use two-step sign-in, which is required for staff accounts by default. You are responsible for activity under your accounts and API tokens, and for keeping access up to date — including removing people who leave. Tell us at once at privacy@bridgebos.ai if you suspect someone has got in who should not have. We may suspend an account we believe is compromised.

Your responsibilities for data and messages

You decide what information goes into the Service and which messages it sends. For all of it, you must:

• have a lawful basis for collecting and using the personal information you put into the Service — including consent where the law requires it, and the consent of a competent person for children’s information (POPIA section 35) — and give people the notices the law requires;
• have the consent or other authority the law requires for special personal information, such as face templates in Presence, dietary and health information, or population group for employment-equity reports;
• comply with anti-spam and direct-marketing law wherever your recipients are — including POPIA section 69 (electronic direct marketing only with consent, or to your own customers about similar products, with a way to opt out in every message), the Consumer Protection Act, the Electronic Communications and Transactions Act, the GDPR and the EU and UK electronic-marketing rules, the US CAN-SPAM Act and Telephone Consumer Protection Act, and Canada’s anti-spam law;
• comply with Meta’s WhatsApp Business policies, including its rules on opt-in and message templates, and with the rules of the email and SMS providers you use;
• honour opt-outs. The Service records unsubscribes and STOP replies and stops marketing to those people; do not work around it, for example by importing someone again after they have opted out;
• keep your data accurate, and keep it no longer than your obligations allow.

You are the responsible party (controller) for that information and you answer the requests of the people it is about. We help as our Privacy Policy describes.

Acceptable use

Do not use the Service to:

• break the law, or infringe anyone’s rights, including privacy and intellectual property;
• send spam, or send marketing to people who have opted out;
• upload malware, or content that is unlawful, harassing or hateful, or that exploits children;
• deceive people, impersonate anyone, or phish;
• probe, scan or test the Service’s security, or get around its access controls or limits, without our written permission;
• interfere with the Service or with other customers’ use of it, or overload it;
• resell the Service, copy it to build a competing product, or reverse engineer it, except where the law allows;
• make decisions with legal or similarly significant effects on people based solely on AI output, without a person reviewing them.

Your data

“Customer Data” means the information you and your users put into the Service, and what the Service produces from it for you. You own your Customer Data. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display it only as needed to provide, secure and support the Service and to follow your instructions — for example, when you turn on an integration. We do not sell Customer Data or use it for advertising, and we do not use it to train our own models.

How we process your data

For Customer Data you are the responsible party (controller) and we are the operator (processor). We process it only on your instructions — these Terms, your settings and what you ask the Service to do — and as the law requires. We keep it confidential; protect it with the security measures our Privacy Policy describes; use only the service providers listed there, and tell you in advance, by email or in the Service, before we add or replace one, so that you can object; help you answer the requests of the people it is about; tell you immediately if we have reason to believe it has been accessed or acquired by someone not authorised to (POPIA section 21); and delete or return it when the agreement ends, as described below.

A data processing agreement, including the EU Standard Contractual Clauses or the UK addendum where you need them, is available on request at privacy@bridgebos.ai.

AI features

The Service includes AI features that draft, summarise, suggest, score and act. AI output may be inaccurate, incomplete or out of date, and it can sound confident when it is wrong. You must review AI output before you rely on it or send it, and you are responsible for the decisions you make with it.

The AI never decides on a job application or moves one on; its scores are advice for a person. AI features run on the provider you choose in settings, under that provider’s own terms. Which provider you choose — including one outside South Africa — is your decision (see the Privacy Policy). You decide what the AI may do without a person’s approval, through your permission and auto-approve settings: with auto-approve on, the AI may take the actions your users’ permissions allow without asking each time, and you are responsible for those actions.

Third-party services and integrations

The Service works with services we do not control — email, WhatsApp and SMS providers, payment providers, AI providers, and systems such as D6, HubSpot and Zapier. When you turn one on, you authorise us to exchange your data with it as the integration needs. Your use of it is governed by your own agreement with that provider, whose rules you must follow. We are not responsible for third-party services, their availability, or changes they make, but we will act reasonably to keep our integrations working. Payments through Yoco or PayFast are made on their own pages, and we do not receive full card details.

Fees and payment

You pay the fees set out in your order, quote or invoice, on the terms it states. Unless it says otherwise, fees exclude VAT and other taxes, which you also pay, and invoices are due within 30 days. Charges that third-party providers bill you directly — for example for messages, AI usage or payment processing — are yours. If an amount is overdue, we may charge interest at the rate the law allows and, after giving you notice, suspend the Service until it is paid.

Availability and support

We work to keep the Service available and to fix problems promptly, but we do not promise that it will be uninterrupted or free of errors. We may carry out maintenance, which we try to schedule to limit disruption, and we may change and improve features. No service level agreement applies unless we agree one in writing. Support is provided as your order describes.

Our intellectual property

We and our licensors own the Service — its software, design, documentation and brand — and everything we develop. While your subscription lasts and your fees are paid, we give you a non-exclusive, non-transferable right for your users to use the Service for your organisation’s own purposes. We keep every right these Terms do not expressly give you. Your Customer Data stays yours.

Feedback

If you send us ideas or feedback about the Service, we may use them freely and without any obligation to you. This gives us no right to your Customer Data.

Confidentiality

Each of us will keep the other’s confidential information secret, use it only for this agreement, and share it only with people who need it and are bound to keep it confidential. Confidential information means non-public information that is marked as confidential or that a reasonable person would understand to be confidential, including Customer Data and our non-public product and pricing information. This does not cover information that is public through no fault of the recipient, was already lawfully known to it, is developed independently, or must be disclosed by law — in which case the recipient will warn the other first where the law allows. This duty lasts for five years after the agreement ends, and for as long as the information is a trade secret or personal information.

Disclaimer of warranties

We will provide the Service with reasonable skill and care. Apart from that, and as far as the law allows, the Service is provided “as is” and “as available”, and we give no other warranty or representation, express or implied — including about merchantability, fitness for a particular purpose, accuracy (including of AI output), or non-infringement.

Limitation of liability

As far as the law allows:

• neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, goodwill or data, however it arises; and
• our total liability arising out of or in connection with these Terms and the Service in any 12-month period is limited to the fees you paid us for the Service in the 12 months before the event that gave rise to the claim.

These limits do not apply to your duty to pay fees, to your indemnity below, or to liability the law does not allow to be limited — such as for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence.

Nothing in these Terms takes away rights that the law does not allow a contract to exclude, including your rights under South Africa’s Consumer Protection Act, 2008 where it applies to you, and under consumer protection law in the European Union or the United Kingdom where it applies to you.

Indemnities

You will defend and indemnify us against claims by third parties, and the resulting losses, fines and reasonable costs, arising from your Customer Data (including a claim that you had no lawful basis or consent to process it), from the messages you send through the Service, or from your breach of the acceptable-use rules or of the law.

We will defend and indemnify you against a third party’s claim that the Service, as we provide it, infringes that party’s intellectual property rights — except where the claim arises from Customer Data, a third-party service, or use that breaks these Terms.

The party asking for an indemnity must tell the other promptly, let it control the defence and any settlement, and cooperate reasonably.

Suspension and termination

Your subscription runs for the term in your order and renews as the order says. Either of us may end the agreement by written notice if the other materially breaches it and does not put the breach right within 30 days of being told about it, or if the other becomes insolvent. Fees already due remain payable unless your order says otherwise.

We may suspend all or part of the Service immediately if we reasonably believe your use breaks the law or these Terms, threatens the security or integrity of the Service, or exposes us or others to harm, or if fees are overdue after notice. We will tell you why, and restore access once the problem is resolved.

The parts of these Terms that by their nature should outlast the agreement do — including those on fees owed, confidentiality, liability, indemnities and governing law.

Data export and deletion

While your subscription lasts you can export your Customer Data with the Service’s export tools, API and command-line tool. For 30 days after the agreement ends we will, on request, give you a copy of your Customer Data in a commonly used format. We then delete Customer Data from the Service within 90 days after the agreement ends, unless the law requires us to keep it. Copies in backups, once enabled, are deleted as those backups expire. We keep records the law requires us to keep, such as invoices.

Changes to these terms

We may update these Terms. We will give you at least 30 days’ notice, by email or in the Service, of a change that materially affects you, unless the law requires it sooner. If you do not accept the change, you may end the agreement before it takes effect; if you keep using the Service after that date, you accept it. The date at the top shows the current version.

Notices

We send notices to the email address of your account’s administrator or of the contact in your order, or in the Service. You send notices to us at privacy@bridgebos.ai. An email notice takes effect when it reaches the recipient’s mail server.

Governing law and jurisdiction

These Terms, and any dispute about them or the Service, are governed by the laws of the Republic of South Africa. The Western Cape Division of the High Court, Cape Town, has jurisdiction, and each of us submits to it. This does not stop you using any court a consumer is entitled to use under the law that applies to you, and it does not take away rights you have under the law of the country where you are established that a contract cannot exclude.

General

• Severability. If any part of these Terms is invalid or unenforceable, the rest stays in force, and that part is read as narrowly as needed to make it valid.
• Entire agreement. These Terms, your order and the documents they refer to — including the Privacy Policy and any data processing agreement — are the whole agreement between us about the Service, and replace anything said or written before.
• No waiver. Delaying or not enforcing a right does not give it up.
• Transfer. You may not transfer the agreement without our written consent. We may transfer it to a successor of our business, and will tell you if we do.
• Events beyond control. Neither of us is liable for a delay or failure caused by events beyond reasonable control, except for paying fees.
• Independent parties. Nothing in these Terms makes either of us the other’s partner, agent or employee.

Contact

• The Cutting Edge Group CC, trading as Bridgebos and Bridgebos.ai. Registration number 2009/036136/23, South Africa.
• Registered address: 57 Main Road, Paarl, Western Cape, South Africa.
• Email: privacy@bridgebos.ai