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TERMS AND CONDITIONS OF USE

Last updated: 1 May 2023

  1. Introduction
  1. Ama Chat offers users access to the services of ChatGPT, the artificial intelligence chatbot developed by OpenAI, through the social media platform WhatsApp (the “Services”). Ama Chat is owned and operated by We Think Collective (Pty) Ltd (reg: 2020/130451/07) a private company duly registered and operating in accordance with South African law.
  2. By accessing or using the Services through WhatsApp or www.ama-chat.com or any related platform or application (collectively, “the Platform”), you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by Ama Chat
  3. These Terms explain the conditions applicable to how you will use the Services. Please read these Terms carefully before using the Platform or Services. We will assume you have read and understood these Terms if you continue to access or make use of our Services.
  4. Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit the risk or liability of Ama Chat, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify Ama Chat or is an acknowledgement of any fact by you.
  5. The terms "user", “you" and “your” are used interchangeably in these Terms and accordingly refer to all users accessing the Services for any reason. Accordingly, the terms “us”, “our” or “we” refers to Ama Chat or its possession.
  1. Registering for the Services
  1. To use the Services, you must have a device that is able to use and access the application WhatsApp. The terms and conditions applicable to the use of WhatsApp are incorporated here by reference. All users using the Services of Ama Chat will be subject to the terms and conditions of WhatsApp which can be viewed here.
  2. To sign up for the Services, you are required to send a WhatsApp message to Ama Chat’s contact number.
  3. When contacting us, you agree to provide accurate, current, and complete information and to update this information as and when it changes.
  4. By sharing your personal information with us, you warrant that the person using the Services is you. You are responsible for the information you provide, and all the actions taken.
  5. We take all reasonable steps to protect the privacy and confidentiality of your personal information. Please see our Privacy Policy for more details on how we use and processes your personal information.
  1. Payment Terms
  1. Free trial access to the Services:
  1. You can access and make use of our Services before subscribing by using the obligation free trial. The trial will offer you access to our Services for a period of 7 days or up to 21 messages (whichever is sooner). You will not be required to input any billing information to access the trial. After the trial period has ended your account will be suspended until you subscribe to our Services.
  2. You can access the trial by contacting us on WhatsApp.
  1. Subscription Package
  1. You must subscribe to the Platform to gain access to our Services. To subscribe to our Services, we will provide you with the relevant links and prompts which will redirect you from WhatsApp to the Platform.
  2. Subscriptions are billed from the day you first subscribe, and you will be rebilled on the same day of each following month thereafter. You can cancel at any time before the next billing day and will continue to have access to your subscription until the next billing day, after which you will not be billed again, and your subscription will end.
  3. The monthly subscription fee is subject to change at any time in the reasonable discretion of Ama Chat. You will be given 30 days prior notice where there is a change in the monthly subscription fee charged.
  4. When applicable, additional subscription options for specific features are available and might cause a migration from one subscription to another to gain additional features.
  1. Payment Terms
  1. Invoices will be whatsapped to you to the email address provided when subscribing for the Services.
  2. We are committed to providing secure online payment facilities for the payment of any fee to us. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service provider. When using the payment services of our authorized service provider you will be bound to any applicable terms and conditions for the use of their independent services.
  3. Please go to your profile to obtain a full record of your transactions with us.
  1. Refunds And Returns
  1. Unless otherwise required by applicable laws, Ama Chat does not refund any subscription fees which have been paid by a user for their subscription to the Services. This also means that Ama Chat will not return any subscription fees already paid for a subscription period where you terminate your use of the Services before the paid subscription period has lapsed entirely.
  1. OpenAI, Chat GPT, and Fair Use
  1. Ama Chat offers direct access the artificial intelligence software ChatGPT which is owned and operated by OpenAI. By using the Services, you agree to be to bound by the policies of OpenAI and agree that they will be incorporated into these Terms by reference.
  2. Open AI has a Usage Policy that regulates what their models cannot be used for. It is important for you to consider these disallowed usages and ensure that you do not violate these terms. Included in the list of disallowed usages is the following:
  1. Illegal activity;
  2. Child Sexual Abuse Material or any content that exploits or harms children;
  3. Generation of hateful, harassing, or violent content;
  4. Generation of malware;
  5. Activity that has high risk of physical harm;
  6. Activity that has high risk of economic harm;
  7. Fraudulent or deceptive activity;
  8. Adult content, adult industries, and dating apps;
  9. Political campaigning or lobbying;
  10. Activity that violates people’s privacy;
  11. Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information;
  12. Offering tailored financial advice without a qualified person reviewing the information;
  13. Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition;
  14. High risk government decision-making.
  1. Fair Use
  1. ChatGPT is a language model, it can answer questions, converse on a variety of topics, and generate creative writing pieces. There is no limit on the potential of ChatGPT and its uses. We do however encourage you to be responsible in your usage of the Services.
  2. There is no fixed limit on the number of messages or prompts that you may engage in within a 24-hour period. However, users who make clearly repetitive or excessive prompts within a 24-hour period will have their account restricted and/or cancelled.
  1. Responsibilities and Warranties
  1. By using the Services, you warrant that:
  1. you have read and agreed to these Terms and will use the Services in accordance with them;
  2. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
  3. you lawfully possess and submit all information to Ama Chat for the use of the Services and have not made any misrepresentations and the information provided about you and/or your status is true, accurate and complete in every aspect;
  4. you will not post, upload, replicate or transmit any abusive content using WhatsApp or via the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Services;
  5. you will abide by Open AI’s Usage Policy and shall not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Services (via WhatsApp or elsewhere) or ChatGPT including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
  6. you will not use the Platform or Services for any commercial purpose other than as expressly provided for by Ama Chat herein;
  7. you will not breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes through the Services; and/or
  8. you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Ama Chat to manifest all of its rights in the case of breach, including but not limited to denying you access to the Services, reporting your actions to an applicable authority, demanding specific performance and/or suing you for damages.

  1. The Services are only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Services.
  2. Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Services where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
  3. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or device.
  1. Messages and Advertising
  1. Data Messages between You and Ama Chat
  1. Data messages, including email messages, you send to us will be considered as received only when we acknowledge or responded to these messages.
  2. Data messages we send to you will be regarded as received when the data message enters your sever inbox or WhatsApp chat or and is capable of being retrieved and processed by you.
  3. We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
  4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
  1. Hyperlinks, Deep Links, Framing
  1. The Platform may include links to other websites ("other sites"). Ama Chat does not own or endorse these other sites and is not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content of these other sites.
  2. Ama Chat does not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
  3. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.  
  1. Intellectual Property
  1. All Services/Platform layout, content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Ama Chat, its shareholders, directors, and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
  2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, graphics or other material or the underlying software code owned by Ama Chat whether in whole or in part, without the written consent of Ama Chat first being granted, which consent may be refused at our discretion. No modification of our intellectual property is permitted. Should you breach these provisions, Ama Chat may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
  3. We reserve the right to make improvements or changes to the intellectual property, and other materials on the Platform or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded through the Platform, will not be affected by such suspension or termination (as the case may be).
  4. Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. Accordingly, intellectual property obtained from the use of OpenAI software will be subject to OpenAI’s policies.
  5. Subject to adherence to the Terms, we grant to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine which you are the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.
  1. Indemnities, Disclaimers, And Warranties
  1. Disclaimers
  1. The Platform and Services are provided "as is" and "as available". Ama Chat makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of any services or advice provided through ChatGPT.
  2. All content, information, and/or opinions made available in relation to any of the Services are those of the authors and/or the ChatGPT software and not Ama Chat. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information.
  3. Ama Chat, its shareholders, directors, and employees, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or Services offered.
  4. Ama Chat, its shareholders, directors, and employees, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of the Services in any manner.
  5. We take reasonable security measures to ensure the safety and integrity of the Platform and the information we are provided with and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Services will be uninterrupted or error-free or that any information, data, content, software, or other material will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Services remains solely at your own risk, and you should take your own precautions accordingly.
  1. Indemnities
  1. You indemnify and hold Ama Chat, its shareholders, directors, and employees, harmless from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or concluded in any way.
  2. You agree to indemnify, defend, and hold Ama Chat, its shareholders, directors, employees, harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms.
  1. This clause will survive termination of these Terms.
  1. Dispute Resolution
  1. Negotiation - Should any dispute, disagreement or claim arise between you and Ama Chat concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
  2. Mediation - Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
  3. Arbitration - If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Ama Chat. Arbitration proceedings shall be conducted in Cape Town South Africa in English.
  4. Jurisdiction - Notwithstanding the above, both parties' consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
  5. No publication - The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
  1. Termination of Use
  1. IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVES THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF THE SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.
  2. If you wish to terminate your agreement with us and these Terms, you may do so by ending your use of the Services and unsubscribing from the Platform. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.
  1. Notices and Service Address
  1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
  1. in the case of Ama Chat, at
    human@ama-chat.com; or
  2. in the case of the user, at the e-mail, cellphone number, and/or address provided when contacting us.
  1. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
  2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
  1. Company Information
  1. Site owner:                         We Think Collective (Pty) Ltd
  2. Legal status:                         Private Company
  3. Registration number:                 2020/130451/07
  4. Description of business:        Software Service
  5. Telephone number:                27687205860
  6. Email address:                        human@ama-chat.comGPT.co.za
  7. Platform address:                www.ama-chat.com 
  8. Physical address:                HBD, Langberg 65, Langkloof, Riversdal, 6670
  9. Postal address:                PO BOX 13, Private Bax X423, 6670
  1. Legal Terms
  1. Relationship Between the Parties - The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.  
  2. Force Majeure - If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.
  3. Change Without Notice - The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
  4. Entire Agreement - This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 13.3, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
  5. No Indulgence - No indulgence, leniency or extension of time granted by Ama Chat shall constitute a waiver of any of Ama Chat’s rights under these Terms and, accordingly, Ama Chat shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
  6. Importation of Words - Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
  7. Headings as Reference - The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  
  8. Governing Law - Your access and/or use of the Platform and/or the Services and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
  9. Failure to Pay - In the event of a user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Ama Chat in relation to the payment failure or breach.
  10. Severability - Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
  11. Prohibited Provision - No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision").  Any breach of any such Prohibited Provision shall be governed by the provisions of clause 13.10.