Our terms of service

Last updated: 04 August 2026

These Terms of Service (the Terms) govern access to and use of the Dataseka website, applications, data analytics and visualisation platform, Seeka AI features, APIs, hosting, support and related services provided by Dataseka (Pty) Limited (Dataseka, we, us or our).

1. Agreement and scope

1.1 The agreement

These Terms form a legally binding agreement between Dataseka and the person or entity that accepts an Order, creates an Account or uses the Services (Customer, you or your).

If you accept these Terms for a company or other organisation, you represent that you have authority to bind that organisation. In that case, Customer means the organisation and not you personally.

The Services are intended primarily for business and professional use. If mandatory consumer law applies to you, section 20 applies.

1.2 How you accept

You accept these Terms by clicking to accept them, signing or accepting an Order or quote that refers to them, creating an Account, or accessing or using the Services after being given notice of them.

Electronic acceptance, electronic signatures and electronic records have the same effect as written acceptance to the extent permitted by applicable law.

1.3 Documents forming the agreement

The agreement may include:

1. an online checkout, order form, subscription confirmation, quote, statement of work or other ordering document accepted by both parties (each an Order);
2. these Terms;
3. the Dataseka Privacy Policy;
4. the Dataseka Data Processing Addendum (DPA), where applicable;
5. any Service Level Agreement (SLA), Security Addendum, support policy or service-specific terms expressly incorporated into an Order; and
6. the pricing page and Documentation, to the extent they describe the purchased Services and do not conflict with an Order.

If there is a conflict, the following order applies: the DPA controls for personal-information processing; a statement of work controls for the scope of Professional Services; the Order controls for commercial terms and purchased Services; an applicable SLA or Security Addendum controls for its subject matter; these Terms control next; and the pricing page and Documentation control last.

A customer’s purchase order or procurement terms do not modify the agreement unless Dataseka expressly signs a document accepting those terms.

2. Definitions

Account means the registered account through which a Customer or Authorised User accesses the Services.

Administrator means an Authorised User designated by Customer to manage a Workspace, users, permissions, billing or settings.

AI Feature means Seeka or any feature that uses artificial intelligence, machine learning or a third-party model.

AI Input means a prompt, instruction, query, schema, context, Customer Data or other material submitted to an AI Feature.

AI Output means content, queries, code, datasets, charts, dashboards, explanations or other results generated through an AI Feature.

AI Task means a separately priced AI-assisted activity identified in the Platform or pricing page, such as querying data, creating a chart, creating a dataset or creating a dashboard.

Authorised User means an individual whom Customer authorises to use the Services.

Creator means a named Authorised User licensed to create, edit, configure or analyse datasets, charts, dashboards or other analytics content in Dataseka Cloud.

Customer Data means data, files, database records, schemas, documents, credentials, content and information submitted to, connected to, stored in or processed through the Services by or for Customer. Customer Data includes AI Inputs derived from Customer Data but excludes Usage Data.

Customer-Managed Environment means a private-cloud or on-premises environment supplied, funded and controlled by Customer in which Dataseka software is deployed under an Enterprise Licence.

Dataseka Cloud means shared or Dataseka-managed dedicated cloud infrastructure used to provide the hosted Services.

Dataseka Materials means the Services, software, source and object code, models, orchestration, connectors, workflows, user interfaces, designs, Documentation, templates, methods, know-how, configurations, generic data models, reusable components and other technology owned or licensed by Dataseka, together with improvements and derivative works.

Dedicated Environment means a single-tenant Dataseka Cloud environment purchased as an add-on and operated by Dataseka.

Documentation means Dataseka’s then-current user, technical and security documentation made available for the Services.

Enterprise Licence means a subscription licence permitting deployment in a Customer-Managed Environment, as stated in an Order.

Internal Viewer means a named Authorised User permitted to view and interact with shared dashboards but not to create or edit datasets, charts or dashboards.

Professional Services means implementation, integration, migration, configuration, deployment, dashboard development, training, advisory, support or other services supplied under a quote or statement of work.

Services means the services purchased or used by Customer under the agreement, including the Platform, Dataseka Cloud, AI Features, support and Professional Services.

Subscription Term means the period for which Customer purchases or receives access to the Services.

Usage Data means technical, operational and statistical data about use, performance, security and administration of the Services. Usage Data does not include Customer Data except for limited metadata or diagnostic information reasonably necessary to operate, secure and support the Services.

Workspace means a Dataseka environment in which Authorised Users access data and analytics content.

3. Eligibility, accounts and administrators

3.1 Eligibility

You must be at least 18 years old, have legal capacity to contract and provide accurate registration and billing information. The Services are not directed to children.

3.2 Named users and credentials

Each Authorised User must use a unique Account. Credentials, API keys and access tokens may not be shared. Customer is responsible for activity under its Accounts except to the extent caused by Dataseka’s breach of the agreement or failure to apply the security measures expressly promised to Customer.

Customer must promptly remove access for users who leave its organisation or no longer require access, maintain accurate Administrator details and notify Dataseka promptly of suspected unauthorised access.

3.3 Administrators

Customer authorises its Administrators to act on its behalf in the Platform, including by inviting users, assigning permissions, enabling AI Features, approving charges, configuring data connections and accessing usage records. Customer is responsible for its Administrators’ instructions.

If an Account is created using an organisation-controlled email address, the organisation may claim administration of that Account after reasonable verification. Where required by law, Dataseka will provide appropriate notice to the affected user.

4. Services and deployment models

4.1 Dataseka Cloud

Starter and Premium Services ordinarily run in shared Dataseka Cloud infrastructure. Customer Data is logically separated using the controls described in the Documentation and DPA.

Premium subscriptions are licensed per Creator. Internal Viewer entitlements, limits and other features are described on the pricing page or in the Order.

4.2 Dedicated Environments

A Dedicated Environment is an optional paid add-on. Eligibility, minimum subscription commitment, setup fees, hosting fees, included resources and term are stated on the pricing page or in the Order.

Unless the Order states otherwise, a Dedicated Environment does not include unlimited storage, compute, network traffic, data refreshes, AI use or Professional Services. Non-standard security, networking, residency, disaster-recovery or capacity requirements may require additional charges and an amended Order.

4.3 Customer-managed private cloud and on-premises

An Enterprise Licence permits Customer to deploy the specified Dataseka software in the Customer-Managed Environment identified in the Order. Unless the Order states otherwise:

• the licence covers one production environment for Customer’s internal business use;
• Customer may permit unlimited internal Creators and Internal Viewers within the licensed legal entity;
• affiliates, external customers, embedded users, public access and additional production, development, testing or disaster-recovery environments are not included;
• Customer supplies and pays for all infrastructure, cloud accounts, databases, networks, storage, backups, certificates, security tools and AI-provider usage;
• Customer is responsible for operating, capacity planning, securing and backing up its environment, except for responsibilities expressly assigned to Dataseka in the Order; and
• Dataseka provides supported releases, security patches, Documentation and support at the level stated in the Order.

Customer must maintain the supported versions, dependencies and configurations stated in the Documentation. Dataseka is not responsible for failures caused by unsupported modifications, insufficient infrastructure, Customer systems or third-party services controlled by Customer.

4.4 White-labelling, external distribution and embedded use

White-labelling, custom domains, external portals, embedded analytics, public distribution and customer-facing use require the applicable add-on or written permission. Customer may not imply that Dataseka endorses Customer or Customer’s products.

4.5 Service changes

Dataseka may improve and modify the Services. During a paid committed Subscription Term, Dataseka will not materially reduce the core functionality or security of the purchased Services as a whole. This does not prevent changes required by law or security, changes to beta features, replacement of a feature with substantially equivalent functionality, or changes to third-party services outside Dataseka’s reasonable control.

If Dataseka permanently discontinues a material paid Service without providing a reasonable replacement, Dataseka will give reasonable notice and, if Customer cannot use the remaining Services for their intended purpose, refund the unused prepaid fees attributable to the discontinued Service.

4.6 Beta and free Services

Free, trial, preview, beta and experimental Services may be changed or discontinued at any time, may have reduced security, retention, support or functionality, and are provided without an SLA or production-use commitment. Customer should not use them for production workloads or regulated data unless Dataseka expressly agrees in writing.

5. Licence measurement and permitted use

5.1 Per-Creator subscriptions

For Dataseka Cloud subscriptions, each Creator requires a paid Creator subscription unless the pricing page states otherwise. Creator subscriptions are assigned to named users and may not be shared, pooled or used concurrently by multiple individuals.

Customer may reassign a Creator subscription when an employee or contractor permanently changes role or leaves the organisation. Frequent reassignment intended to avoid purchasing subscriptions is prohibited.

Internal Viewers may use only the viewer functionality included in Customer’s plan. A person who creates, edits, configures or analyses content requires a Creator subscription.

5.2 Enterprise environment licences

An Enterprise Licence is measured by licensed environment rather than user count unless the Order states otherwise. The licence does not permit Customer to offer Dataseka as a service to third parties, operate a shared commercial service bureau, or deploy copies outside the licensed environment.

5.3 Limited licence

Subject to payment and compliance with the agreement, Dataseka grants Customer a non-exclusive, non-transferable and non-sublicensable licence during the Subscription Term to access and use the Services for Customer’s internal business purposes and to permit Authorised Users to do so.

5.4 Licence verification

Dataseka may review reasonable usage and licence records to confirm compliance. For Enterprise Licences, Customer will provide a written certification of licensed environments on reasonable request. Dataseka will not conduct an intrusive audit more than once per year unless it reasonably suspects material non-compliance. Any audit will be conducted on reasonable notice, during business hours and subject to confidentiality obligations.

6. Customer responsibilities and acceptable use

Customer is responsible for its use of the Services, Customer Data, Authorised Users, decisions made using the Services and compliance with laws applicable to Customer’s business and use case.

Customer must not, and must not permit anyone to:

1. use the Services unlawfully or violate the rights of any person;
2. submit malware, malicious code or content intended to disrupt, damage or gain unauthorised access to systems or data;
3. bypass security controls, usage limits, access permissions or safety mechanisms;
4. access another customer’s data or Account without authority;
5. probe, scan or test vulnerabilities except under a Dataseka-approved security-testing programme;
6. reverse engineer, decompile or attempt to discover source code, non-public models, prompts or algorithms, except to the extent the restriction is prohibited by law;
7. scrape or bulk extract the Services, Documentation or non-public product information to create a substitute or competing service;
8. resell, sublicense, rent or provide the Services to third parties except as expressly authorised;
9. use automated activity that materially degrades the Services or exceeds applicable rate limits;
10. use the Services for cryptocurrency mining or unrelated high-volume computation;
11. remove proprietary notices;
12. misrepresent AI Output as independently verified or solely human-generated where disclosure is legally required;
13. use AI Features to create unlawful, deceptive, discriminatory, harassing or harmful content, evade safeguards, conduct unauthorised surveillance, perform prohibited biometric categorisation or social scoring, or facilitate illegal activity; or
14. use AI Output as the sole basis for a decision that produces legal or similarly significant effects on a person, including decisions concerning employment, credit, insurance, housing, healthcare, education or access to essential services, unless Customer has independently determined that the use is lawful, appropriately validated, transparent and subject to meaningful human oversight.

Dataseka may publish a more detailed Acceptable Use Policy. Material changes to that policy will not materially reduce Customer’s rights during a committed term except where required for law, safety or security.

7. AI Features and AI Tasks

7.1 AI disclosure and operation

Seeka and other AI Features use artificial intelligence. Customer and Authorised Users understand that they are interacting with AI when using those features.

AI Features may use third-party model providers and supporting infrastructure. Dataseka may select, route between or replace models to improve quality, reliability, cost or compliance, provided the change does not materially reduce the purchased functionality. Applicable AI providers are identified in the Subprocessors section of the Trust page where required by data-protection law. Additional information is available in the AI section.

7.2 Task-based charges

AI use is not included in subscription or Enterprise Licence fees unless an Order expressly states otherwise.

Before an on-demand AI Task begins, the Platform will display the task type and applicable price or a clear method for calculating the price. By confirming the task, Customer authorises the charge. An Administrator may also authorise scheduled tasks, automatic execution, prepaid credit use or spending limits.

An AI Task is charged when Dataseka completes the requested action or produces a usable result within the stated task scope. Dataseka will not charge a task that fails solely because of a confirmed Dataseka technical error and produces no usable result. Customer-requested revisions, different questions, additional datasets, additional charts or work outside the stated scope may be charged as separate tasks.

AI Task prices may change from time to time, but the applicable price will be shown before an on-demand task is confirmed. Scheduled task price changes will be notified reasonably in advance or displayed in the applicable settings.

7.3 Customer-managed AI provider

Where Customer connects its own AI-provider account, project, API key or credentials:

• Customer contracts directly with and pays that provider;
• Customer is responsible for provider terms, data settings, retention, geographic processing, quotas, rate limits, credentials and charges;
• Customer authorises Dataseka to transmit the minimum data reasonably necessary to execute the requested task;
• Dataseka may charge a separate orchestration or AI Task fee; and
• Dataseka is not responsible for the provider’s acts, omissions, outputs, service interruptions or data handling, except to the extent Dataseka is independently responsible under the DPA or applicable law.

7.4 Customer Data and model training

Dataseka will not use Customer Data, identifiable AI Inputs or identifiable AI Outputs to train a general-purpose or foundation model, or permit a Dataseka-selected AI provider to do so, unless Customer expressly opts in through a separate written agreement or clear Platform setting.

Dataseka may use de-identified and aggregated Usage Data to measure quality, detect abuse, improve orchestration, reduce task cost and improve the Services, provided Dataseka does not identify Customer or any individual and does not attempt to re-identify the data.

7.5 AI Output and human review

AI Output can be inaccurate, incomplete, outdated, biased, non-unique or unsuitable for Customer’s purpose. It may contain errors in queries, calculations, assumptions, labels or interpretations. Customer must review and validate AI Output, source data, filters, permissions and business definitions before relying on it or sharing it externally.

Dataseka does not provide financial, investment, legal, tax, accounting, medical or other regulated professional advice. AI Output is informational and does not replace qualified professional judgment.

As between the parties, Customer retains its rights in AI Inputs and may use AI Output generated for Customer, subject to the agreement and third-party rights. To the extent Dataseka acquires any transferable right in an AI Output created specifically for Customer, Dataseka assigns that right to Customer upon payment of the applicable fees. AI Output may not qualify for intellectual-property protection and similar output may be generated for other users.

8. Customer Data, privacy and confidentiality

8.1 Customer ownership and licence

Customer retains all rights in Customer Data. Customer grants Dataseka and its subprocessors a limited, non-exclusive licence to host, copy, transmit, transform, display and otherwise process Customer Data only as necessary to:

• provide, secure, support and maintain the Services;
• follow Customer’s documented instructions;
• prevent fraud, abuse or security incidents;
• comply with law; and
• exercise rights and perform obligations under the agreement.

Customer represents that it has all rights, lawful bases, notices and permissions required to provide Customer Data and instruct Dataseka to process it.

8.2 Data-protection roles

Dataseka acts as a responsible party or controller for personal information used to manage Accounts, billing, security, marketing and its business operations, as described in the Privacy Policy.

Where Dataseka processes personal information in Customer Data on Customer’s documented instructions, Customer is ordinarily the responsible party or controller and Dataseka is the operator or processor. The DPA applies to that processing and is incorporated into the agreement.

If Customer uses a Customer-Managed Environment or customer-selected provider, the parties’ responsibilities may differ according to the architecture and Order.

8.3 Customer obligations

Customer is responsible for:

• determining whether the Services are appropriate for the sensitivity of Customer Data;
• configuring permissions, data connections, sharing and retention appropriately;
• responding to data-subject requests concerning Customer Data;
• providing required privacy notices and obtaining required consents or other lawful bases;
• avoiding unnecessary submission of personal or confidential information to AI Features; and
• maintaining source-system records and exports appropriate to Customer’s continuity requirements.

8.4 Regulated and highly sensitive data

Customer must not process health records, payment-card data, children’s data, biometric identifiers, government identification numbers, special personal information or other highly regulated data unless the Order or DPA expressly authorises the category and Customer uses the required configuration and safeguards.

Dataseka does not represent that every plan or deployment is suitable for every regulated workload.

8.5 Security incidents

Dataseka will notify Customer without undue delay after becoming aware of a confirmed security incident affecting Customer Data and will provide information reasonably available to Dataseka for Customer to meet its legal obligations. Where POPIA applies to Dataseka as an operator, Dataseka will notify the responsible party as required by POPIA.

Customer must notify Dataseka promptly of an incident involving Customer’s Accounts, credentials, systems or Customer-Managed Environment that may affect the Services or other customers.

8.6 Mutual confidentiality

Confidential Information means non-public information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data, security information, product plans, pricing in private quotes, technical information and business information.

The receiving party will use Confidential Information only to perform or exercise rights under the agreement, protect it using at least reasonable care, and disclose it only to personnel, advisers and subcontractors who need to know it and are bound by confidentiality obligations.

Confidential Information does not include information that the receiving party can demonstrate was lawfully known without restriction, becomes public without breach, is received lawfully from a third party without a confidentiality duty, or is independently developed without use of the disclosing party’s Confidential Information.

A receiving party may disclose Confidential Information when legally required, provided it gives prior notice where legally permitted and reasonable assistance at the disclosing party’s expense.

Confidentiality obligations survive for five years after disclosure, except that obligations concerning Customer Data, personal information and trade secrets survive for as long as the information remains protected by law or retains its confidential character.

9. Third-party services and integrations

The Services may interoperate with third-party data sources, identity providers, cloud services, payment processors, AI providers and other integrations.

Customer authorises Dataseka to access and exchange data with integrations enabled by Customer. Customer is responsible for obtaining rights to use those services and complying with their terms.

Dataseka is not responsible for a third-party service selected, supplied or controlled by Customer. Dataseka remains responsible for its own obligations concerning subprocessors selected by Dataseka to the extent required by the DPA and applicable law.

If a third-party provider changes or discontinues functionality, Dataseka may modify or discontinue the affected integration. Dataseka will use reasonable efforts to provide notice of a material impact on a paid Service.

10. Professional Services and custom work

10.1 Orders and scope

Professional Services are provided under an accepted quote or statement of work describing the scope, assumptions, deliverables, fees, schedule and responsibilities.

Services may be priced as a fixed package or on a time-and-materials basis. Where time-based pricing applies, the private hourly rates, billing increment, estimated effort and payment terms will be stated in the quote. An estimate is not a fixed cap unless expressly identified as one.

Dataseka will not knowingly perform material out-of-scope work without Customer’s approval. A change in requirements, data quality, systems, dependencies or assumptions may require a change order, additional fees or a revised schedule.

10.2 Customer cooperation

Customer will provide timely access to personnel, systems, credentials, data, decisions and information reasonably required to perform the Professional Services. Dataseka is not responsible for delay or additional cost caused by Customer, Customer systems or third parties. Dataseka may invoice reasonable waiting or rework time where the quote permits it.

Customer will provide Dataseka only the access and data reasonably necessary for the work and will remove access when no longer required.

10.3 Acceptance

Unless the statement of work provides a different procedure, Customer must notify Dataseka of a material failure to meet the agreed acceptance criteria within ten business days after delivery. The notice must describe the failure in reasonable detail. Dataseka will use reasonable efforts to correct a valid failure. A deliverable is accepted when Customer uses it in production, confirms acceptance or does not provide a timely valid rejection.

10.4 Professional Services intellectual property

Customer retains ownership of Customer Materials supplied for the work.

Dataseka retains ownership of Dataseka Materials, including reusable connectors, templates, methods, tools, automation, generic data models, deployment scripts, know-how and improvements created or used during Professional Services.

After full payment, Dataseka grants Customer a perpetual, non-exclusive, worldwide licence to use deliverables supplied under the statement of work for Customer’s internal business purposes. If a statement of work expressly identifies a deliverable as customer-owned, Customer owns that deliverable, excluding Dataseka Materials and third-party materials embedded in it. Dataseka may reuse general skills, ideas, know-how and non-confidential patterns that do not disclose Customer Data or Confidential Information.

Any Dataseka co-investment, design-partner discount, case-study commitment, exclusivity or special ownership arrangement must be stated in the applicable Order.

10.5 Expenses and taxes

Customer will reimburse pre-approved travel and third-party expenses. Professional Services fees exclude taxes unless expressly stated otherwise.

11. Fees, billing and subscriptions

11.1 Fees

Customer will pay the subscription, environment-licence, hosting, AI Task, Professional Services, support and other fees stated in the pricing page, Platform or applicable Order (Fees).

Subscription and licence Fees are billed in advance. AI Task Fees may be deducted from prepaid credit or billed as incurred. Professional Services are billed as stated in the quote.

11.2 Payment

Customer authorises Dataseka and its payment processor to charge the payment method on file for amounts due. Invoiced amounts are due within 30 days unless the Order states otherwise.

Customer must raise a good-faith invoice dispute within 15 days after the invoice date and pay all undisputed amounts on time. The parties will work promptly to resolve the dispute.

Overdue undisputed amounts may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower. Customer is responsible for reasonable collection costs to the extent permitted by law.

11.3 Taxes and withholding

Fees exclude VAT, sales, use, withholding and similar taxes. Customer is responsible for taxes arising from its purchase, other than taxes on Dataseka’s net income.

If Customer is legally required to withhold tax, Customer will provide valid documentation and, unless prohibited by law or expressly agreed otherwise, increase the payment so Dataseka receives the amount it would have received without the withholding.

11.4 Creator changes

For monthly subscriptions, added Creator subscriptions may be charged on a prorated basis and reductions take effect at the next billing period.

For annual subscriptions, added Creator subscriptions may be charged for the remaining term. Reductions ordinarily take effect at renewal unless the Order states otherwise or mandatory law requires a different result.

11.5 Subscription terms and renewal

Monthly subscriptions renew monthly until cancelled.

Annual subscriptions and Enterprise Licences renew for successive 12-month terms unless either party gives at least 30 days’ notice before the end of the current term, subject to mandatory law and any different renewal terms in the Order.

A fixed committed term may not be cancelled for convenience during the term, and committed Fees remain payable, except where the agreement or mandatory law expressly permits cancellation.

11.6 Cancellation and downgrades

A monthly self-service subscription may be cancelled through the Platform and ends at the close of the paid billing period.

A downgrade takes effect at the next permitted billing or renewal date. Customer must export or remove data and content that exceed the downgraded plan’s limits before the downgrade takes effect.

Fees are non-refundable except where the agreement or applicable law expressly provides otherwise.

11.7 Fee changes

For monthly self-service subscriptions, Dataseka may change recurring prices on at least 30 days’ notice. For annual or other committed terms, recurring price changes ordinarily apply at renewal, unless the change relates to a Customer-requested addition, a new optional service, taxes, currency treatment or a third-party pass-through charge expressly permitted in the Order.

AI Task prices are governed by section 7.2 and are displayed before an on-demand task is authorised.

12. Security, support and service levels

12.1 Security

Dataseka will maintain commercially reasonable administrative, technical and organisational measures designed to protect Dataseka Cloud and Customer Data under Dataseka’s control, as described in the DPA and applicable Security Documentation.

Security is a shared responsibility. Customer is responsible for its users, permissions, source systems, endpoints, networks, Customer-Managed Environment and configurations under its control.

Current public security information is available on the Trust page. Suspected vulnerabilities may be reported using the security-reporting guidance.

12.2 Support

Support levels, channels and response targets depend on Customer’s plan or Order. Support does not include Professional Services, data correction, custom development or assistance with unsupported Customer systems unless expressly agreed.

12.3 Availability

Any uptime commitment, service credit or response-time commitment applies only if stated in an SLA or Order. Service credits are Customer’s sole financial remedy for an SLA failure unless the Order states otherwise.

Dataseka may perform scheduled and emergency maintenance. Dataseka will provide reasonable advance notice of scheduled maintenance likely to cause material downtime where practicable.

12.4 Customer-managed environments

Dataseka does not warrant the availability of a Customer-Managed Environment or infrastructure supplied by Customer. Support may require Customer to reproduce an issue in a supported configuration and provide logs or reasonable diagnostic access.

13. Intellectual property and feedback

Dataseka and its licensors own the Dataseka Materials and all related intellectual-property rights. No rights are granted except as expressly stated.

Customer may export and use its Customer Data, dashboards and outputs subject to third-party rights and the agreement.

The Services may include open-source components. Applicable open-source licences govern those components to the extent required by their terms.

If Customer provides suggestions or feedback, Customer grants Dataseka a perpetual, irrevocable, worldwide, royalty-free licence to use it without restriction, provided Dataseka does not identify Customer publicly without permission.

Customer may not publish non-public security-test or benchmark results concerning the Services without giving Dataseka a reasonable opportunity to verify the methodology and correct material inaccuracies. This does not prevent disclosures required by law or to a regulator.

14. Warranties and disclaimers

14.1 Dataseka warranties

For paid Services, Dataseka warrants that:

• the Services will perform materially in accordance with the applicable Documentation under normal authorised use; and
• Professional Services will be performed with reasonable skill and care.

Customer must notify Dataseka of a warranty breach within 30 days after becoming aware of it. Dataseka’s first obligation is to use reasonable efforts to correct or reperform the affected Service. If Dataseka cannot do so within a commercially reasonable period and the breach materially prevents use of the affected paid Service, Customer may terminate that affected Service and receive a refund of unused prepaid Fees for the period after termination.

14.2 Customer warranties

Customer warrants that it has authority to enter the agreement, has the necessary rights in Customer Data and AI Inputs, and will use the Services lawfully.

14.3 Disclaimers

Except for the express warranties above and to the maximum extent permitted by law, the Services, AI Features, free Services, beta features, third-party integrations and AI Outputs are provided as is and as available. Dataseka disclaims implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.

Dataseka does not warrant that the Services will be uninterrupted or error-free, that every vulnerability will be prevented, that Customer Data or AI Output will be accurate or complete, or that the Services will meet every regulatory or business requirement.

Customer is responsible for validating data, queries, calculations, permissions, outputs and decisions.

15. Indemnities

15.1 Dataseka IP indemnity

For paid Services, Dataseka will defend Customer against a third-party claim alleging that Customer’s authorised use of the unmodified Services infringes that third party’s copyright, patent or trade-secret rights, and will pay damages and reasonable legal costs finally awarded or a settlement approved by Dataseka.

Dataseka has no obligation for a claim arising from:

• Customer Data, AI Input or AI Output;
• open-source or third-party materials where the claim does not arise from Dataseka’s proprietary contribution;
• Customer’s modification or combination of the Services with items not supplied by Dataseka;
• use outside the agreement or Documentation;
• continued use after Dataseka gives notice to stop; or
• free, beta or trial Services.

Dataseka may modify or replace the affected Service, obtain the right for Customer to continue using it, or terminate the affected Service and refund unused prepaid Fees.

15.2 Customer indemnity

Customer will defend Dataseka and its personnel against a third-party claim arising from:

• Customer Data or AI Inputs infringing rights or being processed unlawfully;
• Customer’s use of the Services in violation of law or the agreement;
• Customer’s external publication, sale or distribution of Customer content or AI Output;
• a Customer-selected AI provider, integration or Customer-Managed Environment; or
• Customer’s gross negligence, fraud or wilful misconduct.

Customer will pay damages and reasonable legal costs finally awarded or a settlement approved by Customer.

15.3 Procedure

An indemnity applies only if the indemnified party gives prompt notice, allows the indemnifying party to control the defence and settlement, and provides reasonable cooperation at the indemnifying party’s expense. Delay in notice reduces the obligation only to the extent the delay causes material prejudice. No settlement may admit fault or impose non-monetary obligations on the indemnified party without its consent.

16. Limitation of liability

16.1 Excluded losses

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profits, revenue, goodwill, anticipated savings or business opportunity, arising from the agreement, even if advised that the loss was possible.

This exclusion does not exclude direct costs reasonably incurred to restore Customer Data where those costs are otherwise recoverable under the agreement.

16.2 General cap

Except as stated below, each party’s total aggregate liability arising from the agreement is limited to the Fees paid or payable by Customer for the affected Services during the 12 months before the first event giving rise to liability.

For free Services where no Fees were paid, Dataseka’s aggregate liability is limited to ZAR 5,000.

16.3 Higher cap

Each party’s aggregate liability for breach of confidentiality, breach of the DPA or its express data-security obligations, and its indemnity obligations is limited to two times the general cap.

16.4 Unlimited and non-excludable matters

The limitations do not apply to:

• Customer’s obligation to pay Fees;
• fraud or wilful misconduct;
• death or personal injury caused by negligence where liability cannot be limited;
• Customer’s infringement or misappropriation of Dataseka’s intellectual property; or
• liability that applicable law does not permit to be excluded or limited.

The limitations apply regardless of the legal theory and are an essential basis of the parties’ bargain.

17. Suspension, termination and data return

17.1 Suspension

Dataseka may suspend affected Services immediately where reasonably necessary to prevent a material security threat, unlawful activity, harm to another customer, violation of sanctions law or a legal breach that cannot safely await notice.

For non-payment of undisputed Fees or another remediable breach, Dataseka will ordinarily give notice and a reasonable opportunity to cure before suspension. Dataseka will use reasonable efforts to limit suspension to the affected Account, user, Workspace or feature and restore access after the cause is remedied.

17.2 Termination for breach or insolvency

Either party may terminate an Order or the agreement if the other materially breaches it and fails to cure the breach within 30 days after written notice. Dataseka may use a shorter reasonable cure period for non-payment, security or unlawful use.

Either party may terminate immediately if the other enters liquidation, business rescue, insolvency or a similar proceeding that is not dismissed within 30 days, subject to applicable insolvency law.

17.3 Discontinuance

Dataseka may discontinue all of a paid Service on at least 90 days’ notice. Dataseka will refund unused prepaid Fees for the discontinued period unless it provides a substantially equivalent replacement accepted by Customer.

17.4 Effect of termination

On termination:

• Customer’s right to use the terminated Services ends;
• accrued Fees remain payable;
• each party will return or destroy the other’s Confidential Information on request, subject to legal retention and backup cycles;
• Customer must stop using and delete software installed in a Customer-Managed Environment, unless the Order grants a surviving licence; and
• provisions intended to survive remain effective, including payment, confidentiality, intellectual property, indemnities, liability and dispute terms.

17.5 Data export and deletion

Customer should export Customer Data before cancellation. For paid Dataseka Cloud Services, Dataseka will ordinarily make Customer Data available for export for 30 days after termination, unless access is restricted for security, legal or non-payment reasons.

After the export period, Dataseka may delete Customer Data from active systems. Backup copies may remain until overwritten under Dataseka’s retention schedule and will remain protected and unavailable for ordinary use.

17.6 Switching and portability

Dataseka will provide the export tools and reasonable switching assistance described in the Documentation or Order. Where the EU Data Act or another mandatory switching law applies, Dataseka and Customer will comply with the applicable switching, notice, portability, continuity and charge requirements. Additional Professional Services requested beyond Dataseka’s legal or contractual obligations may be charged under an agreed quote.

18. Compliance with laws

18.1 Dataseka compliance

Dataseka will comply with laws generally applicable to Dataseka’s provision of the Services as a provider, including applicable data-protection and anti-corruption laws.

18.2 Customer compliance

Customer will comply with laws applicable to its business, Customer Data and use of the Services, including privacy, employment, financial-services, consumer, marketing, intellectual-property, AI, export-control and sector-specific laws.

Customer is responsible for determining whether its use makes it a provider, deployer, controller, responsible party, regulated entity or other legally defined actor and for meeting duties associated with that role.

18.3 Export controls and sanctions

Each party will comply with applicable export-control and trade-sanctions laws. Customer must not use or permit access to the Services in a prohibited country, by a prohibited person, or for a prohibited end use.

19. Mandatory and consumer rights

Nothing in the agreement excludes, limits or waives a right or remedy that applicable law does not permit the parties to exclude, limit or waive.

The Services are marketed for business use. However, if Customer is a consumer or a protected juristic person under the South African Consumer Protection Act, or is entitled to rights under the Electronic Communications and Transactions Act or another consumer law:

• statutory cooling-off, cancellation, renewal, notice, refund and fair-contract rights apply despite a conflicting provision;
• fixed-term and automatic-renewal provisions are subject to the applicable statutory rules;
• liability exclusions apply only to the extent lawful; and
• Customer may exercise a mandatory right by contacting hello@dataseka.com.

If Customer is located outside South Africa, mandatory laws of Customer’s habitual residence may apply where they cannot lawfully be displaced.

20. Disputes and governing law

The parties will first attempt in good faith to resolve a dispute through written notice and discussion between authorised representatives. Either party may request mediation by a mutually agreed mediator. Mediation does not prevent either party from seeking urgent or protective relief.

The agreement is governed by the laws of the Republic of South Africa, without giving effect to conflict-of-law principles. The courts of the Western Cape, South Africa have non-exclusive jurisdiction, subject to mandatory consumer jurisdiction and either party’s right to enforce a judgment or protect intellectual property or Confidential Information in another competent jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21. Changes to these Terms

Dataseka may update these Terms. Dataseka will give at least 30 days’ notice of a material adverse change through email, the Platform or another reasonable method.

For a monthly self-service subscription, the updated Terms apply on the stated effective date. For a committed annual or Enterprise term, a material adverse change ordinarily applies at renewal unless it is required by law, addresses security or abuse, relates to a new optional service, or does not materially reduce Customer’s rights.

If Customer does not accept a material adverse change that applies during a monthly term, Customer may cancel before the effective date. Dataseka will retain an accessible record of prior versions.

22. General

22.1 Entire agreement

The agreement is the entire agreement concerning the Services and replaces prior proposals and communications on the same subject.

22.2 Assignment

Neither party may assign the agreement without the other’s prior written consent, not to be unreasonably withheld. Either party may assign it to an affiliate or in connection with a merger, reorganisation or sale of substantially all relevant assets on written notice, provided the assignee assumes the obligations and the assignment does not materially reduce the other party’s rights.

22.3 Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, civil disorder, labour disputes, government action, widespread internet failure, utility failure or failure of a critical third-party provider, provided the affected party uses reasonable efforts to mitigate the effect. Force majeure does not excuse payment of amounts already due.

22.4 Publicity

Dataseka will not use Customer’s name, logo or trademarks in public customer lists, case studies or marketing without Customer’s prior permission. Customer may accurately state that it uses Dataseka but may not imply endorsement.

22.5 Notices

Legal notices must be in writing and sent by email and, where reasonably required, courier to the contact details in the Order or section 23. Notices are effective on confirmed delivery, or for email, on the next business day unless the sender receives a delivery failure notice.

Routine operational notices may be sent through the Platform or email.

22.6 Severability, waiver and remedies

If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue. A failure to enforce a right is not a waiver. Rights and remedies are cumulative unless the agreement states otherwise.

22.7 Relationship and third parties

The parties are independent contractors. The agreement does not create employment, partnership, joint venture, franchise or agency. Except for indemnified parties expressly identified, no third party has a right to enforce the agreement.

22.8 Language and interpretation

The English version controls. Headings are for convenience. Including means including without limitation. A reference to law includes amendments and replacements.

23. Supplier information and contact

The following information is provided for electronic-transactions and general contracting purposes:

• Supplier: Dataseka (Pty) Limited
• Legal status: Private company incorporated in the Republic of South Africa
• Company registration number: 2026/292616/07
• Place of registration: South Africa
• Registered address: V & A Waterfront, Cape Town, South Africa
• Telephone: +27 72 177 9935
• General and legal enquiries: hello@dataseka.com
• Support: hello@dataseka.com
• Security notices: hello@dataseka.com
• Website: dataseka.com
• Office bearers: Chantel Boris