Terms & Conditions

In these Terms, unless the context indicates otherwise:

2.1 By creating an account, accessing the platform, or using any of the Services, the User agrees to be bound by these Terms & Conditions, the Accountability Policy, and any additional policies referenced herein.

2.2 If the User is registering on behalf of a legal entity, the individual accepting these Terms represents and warrants that they have the authority to bind that entity.

2.3 These Terms apply to all users of the platform, including but not limited to clients, attorneys, administrators, consultants, and professional assistants.

2.4 The Firm reserves the right to modify these Terms at any time. Users will be notified of material changes via email and/or platform notification at least 30 days before changes take effect. Continued use of the platform after the effective date of modified Terms constitutes acceptance.

2.5 If the User does not agree to the modified Terms, the User must cease using the platform and may request account deletion in accordance with Section 10.

3.1 The Mavuya Inc platform provides the following core services:

• Client portal with secure case management access
• Secure messaging and document sharing between clients and legal team
• Appointment and consultation scheduling
• AI-powered legal research and analysis via Legal Ozzie
• Admin dashboard for case, finance, and client management
• Document upload, storage, and management
• Legal article and educational content library

3.2 The platform is hosted on secure infrastructure managed by Mavuya Inc and NexGen Nova. While we strive for 99.9% uptime, we do not guarantee uninterrupted access and shall not be liable for any downtime or service interruptions.

3.3 The platform is provided "as is" and "as available." Mavuya Inc and NexGen Nova make no warranties, express or implied, regarding the platform's performance, reliability, or fitness for a particular purpose, except as expressly stated in these Terms.

3.4 The Firm reserves the right to add, modify, or discontinue any feature of the platform at any time with reasonable notice to Users.

4.1 Nature of AI Service: Legal Ozzie is an AI-powered legal research assistant designed to augment, not replace, professional legal judgment. It provides information, analysis, and suggestions based on its training data and the Firm's database.

4.2 No Legal Advice: Outputs generated by Legal Ozzie do not constitute legal advice. All AI-generated content must be reviewed by a qualified legal professional before being relied upon. Mavuya Inc and NexGen Nova expressly disclaim any liability arising from reliance on AI-generated outputs without human review.

4.3 Zero Data Training Guarantee: CRITICAL: Under no circumstances is User data, queries, case information, or personal data used for AI model training, fine-tuning, or machine learning improvement. Each AI query is processed in stateless isolation. The AI provider (Groq Cloud) is contractually prohibited from using any data for training purposes. This is a binding, non-negotiable term of service.

4.4 Local Processing: All AI interactions are processed through secure, encrypted API connections. No conversation history, case details, or personal data is stored by the AI provider beyond the millisecond required to generate a response.

4.5 Human Oversight Requirement: Any AI-generated content used in client communications, legal documents, or strategic decisions must be reviewed and approved by a licensed attorney at Mavuya Inc. The Firm assumes full responsibility for all AI-assisted work product.

4.6 Usage Limitations: Legal Ozzie is subject to daily request limits as determined by the Firm's admin settings. Excessive use may result in temporary restriction. The Firm reserves the right to monitor AI usage to ensure fair access for all users.

4.7 Prohibited Uses: Users may not use Legal Ozzie to:

• Generate or promote illegal content
• Attempt to extract confidential information about other users
• Reverse-engineer, decompile, or attempt to extract the underlying model
• Use the AI for purposes outside the scope of legal services

5.1 Account Registration: Clients must provide accurate, complete, and current information during registration. Clients are responsible for maintaining the confidentiality of their login credentials and for all activities under their account.

5.2 Account Security: Clients must:

• Choose a strong password (minimum 8 characters with complexity requirements)
• Not share account credentials with any third party
• Notify the Firm immediately of any unauthorized account access
• Log out after each session, especially on shared devices

5.3 Client Responsibilities: Clients agree to:

• Use the portal only for lawful purposes related to their legal matters
• Not upload malicious code, viruses, or harmful content
• Not attempt to access other clients' data or system areas
• Not use the platform for unsolicited communications or spam

5.4 Communication: Communications through the platform are secure and protected by attorney-client privilege. However, Clients should exercise caution and avoid sharing privileged information through unsecured channels outside the platform.

5.5 Document Upload: Clients are responsible for ensuring they have the right to upload documents and that uploaded content does not infringe on any third-party rights. The Firm reserves the right to reject or remove inappropriate or unauthorized content.

5.6 Account Recovery: Clients authenticate using their email address and may only reset their password via email if forgotten. Username resets are not applicable as clients use their email address to log in. Staff members may reset both their username and password through the admin portal.

5.7 Secure Document Storage: All client documents uploaded to the platform are securely stored using Cloudflare R2 object storage, providing enterprise-grade encryption, global redundancy, and zero-trust access controls. Documents are encrypted at rest and in transit.

6.1 The Firm processes personal data in accordance with the Accountability Policy and all applicable Data Protection Laws.

6.2 The Firm is the "Responsible Party" (data controller) under POPIA for all personal data processed through the platform. NexGen Nova acts as the "Operator" (data processor) with strict data processing agreements in place.

6.3 Clients have the right to:

• Access their personal data held by the Firm
• Request correction of inaccurate data
• Request deletion of data where legally permissible
• Object to certain types of processing
• Lodge a complaint with the Information Regulator

6.4 By using the platform, Clients consent to the Firm processing their personal data for the purposes of providing legal services, as described in these Terms and the Accountability Policy.

6.5 The Firm implements appropriate technical and organizational measures to protect personal data, including encryption, access controls, and regular security assessments.

7.1 The Mavuya Inc platform, including its code, design, branding, content, and AI systems, is the intellectual property of Mavuya Inc Attorneys and/or NexGen Nova, protected by South African and international intellectual property laws.

7.2 NexGen Nova (www.nexgennova.com) retains all intellectual property rights to the underlying technology infrastructure, AI integration framework, and proprietary code developed for the platform.

7.3 Nothing in these Terms grants the User any license or right to use the Firm's or NexGen Nova's intellectual property except as expressly necessary to use the platform for its intended purpose.

7.4 Users may not:

• Copy, modify, distribute, or create derivative works of the platform
• Reverse-engineer, decompile, or disassemble any part of the platform
• Remove any copyright or proprietary notices from the platform
• Use the Firm's or NexGen Nova's trademarks without prior written consent

7.5 Users retain all intellectual property rights to documents and content they upload to the platform. By uploading content, Users grant the Firm a limited license to use, store, and process that content for the purpose of providing legal services.

8.1 Users agree to comply with all applicable laws and regulations, including but not limited to:

• POPIA (Protection of Personal Information Act, Act 4 of 2013)
• ECTA (Electronic Communications and Transactions Act, Act 25 of 2002)
• CPA (Consumer Protection Act, Act 68 of 2008)
• Legal Practice Act, Act 28 of 2014
• Any other applicable South African or international laws

8.2 Users must not:

• Use the platform for any unlawful purpose
• Attempt to gain unauthorized access to any part of the platform
• Interfere with the proper functioning of the platform
• Transmit any viruses, malware, or harmful code
• Engage in any activity that could damage, disable, or impair the platform
• Use automated tools (bots, scrapers) without express written permission

8.3 Admin users and Firm staff are bound by additional internal policies regarding data access, confidentiality, and professional conduct.

9.1 To the maximum extent permitted by South African law, Mavuya Inc Attorneys and NexGen Nova shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or business opportunities
• Service interruptions or platform unavailability
• Unauthorized access to User data due to User's failure to secure their account
• Actions taken based on AI-generated outputs that have not been reviewed by a qualified legal professional

9.2 The aggregate liability of the Firm and NexGen Nova for any claim arising from these Terms shall not exceed the total fees paid by the User to the Firm in the 12-month period preceding the claim.

9.3 Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or intentional misconduct
• Any liability that cannot be excluded under South African law

9.4 The AI assistant (Legal Ozzie) is provided as an assistive tool. The Firm expressly disclaims all liability arising from:

• AI-generated inaccuracies, omissions, or errors
• Reliance on AI outputs without professional legal review
• AI misinterpretation of queries or data

10.1 The User may terminate their account at any time by contacting the Firm through the platform or via email. Termination does not affect the Firm's obligation to maintain records as required by law.

10.2 The Firm reserves the right to suspend or terminate access to the platform at any time, without prior notice, if:

• The User breaches these Terms
• The User's conduct could harm the Firm, NexGen Nova, or other users
• Required by applicable law or regulatory authority
• The User's account is inactive for an extended period (12+ months)

10.3 Upon termination:

• The User's access to the platform will be revoked
• User data will be retained for the period required by law (5 years post-relationship)
• Users may request data export before account termination
• Sections 6, 7, 9, 11, 13, and 14 of these Terms will survive termination

11.1 Any disputes arising from these Terms or the use of the platform shall first be addressed through informal negotiation. The parties agree to attempt resolution in good faith for a period of 21 calendar days before pursuing formal dispute resolution.

11.2 If informal resolution fails, disputes shall be referred to mediation in accordance with the rules of the South African Association of Mediators. The mediation will be conducted in South Africa.

11.3 If mediation fails, disputes shall be finally resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be held in [City], South Africa, in English.

11.4 Notwithstanding the above, the Firm may seek urgent injunctive relief from a court of competent jurisdiction to protect its intellectual property or confidential information.

12.1 NexGen Nova provides the core technology infrastructure, including:

• Platform architecture and development
• AI integration framework for Legal Ozzie
• Security infrastructure and monitoring
• Database management and optimization
• Technical support and maintenance

12.2 NexGen Nova acts solely as a technology provider and does not:

• Provide legal advice or services
• Have access to client data except as necessary for technical maintenance
• Control the Firm's legal practices or professional judgment
• Assume any liability for legal outcomes or advice given through the platform

12.3 NexGen Nova's liability under these Terms is limited to technology service provision. Any claims against NexGen Nova must be brought within 12 months of the event giving rise to the claim.

12.4 NexGen Nova provides the technology platform "as is" and makes no warranties regarding fitness for a particular legal purpose. The Firm is responsible for ensuring the platform meets its legal practice requirements.

13.1 These Terms & Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.

13.2 Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of South Africa.

13.3 The parties irrevocably submit to the jurisdiction of the South African courts for any matters arising from these Terms.

13.4 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

14.1 Entire Agreement: These Terms, together with the Accountability Policy, constitute the entire agreement between the User and the Firm regarding the use of the platform and supersede all prior agreements and understandings.

14.2 Waiver: No failure or delay by the Firm in exercising any right under these Terms shall constitute a waiver of that right.

14.3 Assignment: Users may not assign or transfer their rights or obligations under these Terms without the Firm's prior written consent. The Firm may assign these Terms to a successor entity in the event of a merger, acquisition, or sale of assets.

14.4 Force Majeure: Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay is caused by a Force Majeure event.

14.5 Notices: All formal notices under these Terms shall be in writing and sent to the email addresses provided by the parties.

14.6 Independent Contractor: The relationship between the Firm and NexGen Nova is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, or agency relationship.

14.7 Language: These Terms are drafted in English. If translated into any other language, the English version shall prevail.