Last Updated: 8 March 2026 ยท Version 3.0
Please read these Terms and Conditions ("Terms", "Terms and Conditions", "Agreement") carefully before using the Services operated by Lambie AI. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, clients, and others who access or use the Services.
Words with capitalised initial letters have specific meanings as defined below. These definitions apply regardless of whether the terms appear in singular or plural form, and references to one gender include all genders.
For the purposes of these Terms and Conditions:
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. The Company does not knowingly permit individuals under 18 to use the Services.
Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use, and disclose personal information. Please review it before using our Services.
Lambie AI provides the following services, which may be updated or modified from time to time:
Certain features of our Services may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password and any other credentials used to access your account. You agree not to disclose your password to any third party and to immediately notify us of any unauthorised use of your account. You are responsible for all activities that occur under your account, whether or not you have authorised such activities.
We reserve the right to suspend or terminate your account at any time and for any reason, including but not limited to a breach of these Terms. You may also request termination of your account by contacting us at info@lambie-ai.com.
For AI agent development, custom software, and other professional services, the scope, timeline, deliverables, and fees will be set out in a separate Statement of Work ("SOW") or service agreement. In the event of a conflict between these Terms and a SOW, the SOW shall prevail with respect to the specific engagement.
You agree to:
Unless otherwise specified in a SOW, Deliverables will be deemed accepted 7 business days after delivery unless you provide written notice of specific deficiencies. Minor adjustments and refinements made after acceptance may be subject to additional fees.
Fees for our Services are as specified in the applicable SOW, proposal, or published pricing. All fees are quoted in South African Rand (ZAR) unless otherwise specified and are exclusive of applicable taxes unless expressly stated otherwise.
Unless otherwise agreed in writing:
Overdue payments will incur interest at the rate of 2% per month (or the maximum rate permitted by law, whichever is lower) from the due date until the date of actual payment. We reserve the right to suspend Services if payment is overdue by more than 14 days.
You are responsible for all applicable taxes, duties, and government levies arising from your use of the Services, excluding taxes based on our net income. If we are required to collect or pay taxes on your behalf, such taxes will be invoiced to you.
All Intellectual Property rights in our Services, website, proprietary tools, methodologies, frameworks, templates, and pre-existing materials remain the exclusive property of Lambie AI. Nothing in these Terms transfers any Intellectual Property rights to you except as expressly stated.
You retain all Intellectual Property rights in any materials, data, content, brand assets, and information you provide to us. You grant us a non-exclusive, royalty-free, worldwide licence to use such materials solely for the purpose of providing the Services.
Unless otherwise agreed in a SOW:
Unless you notify us in writing to the contrary, we reserve the right to reference the work performed for you in our portfolio, case studies, and marketing materials, provided that we do not disclose Confidential Information.
Each party agrees to keep confidential all Confidential Information received from the other party and to use such information only for the purposes contemplated by these Terms. Each party shall protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care.
Confidential Information does not include information that:
The confidentiality obligations set out in this section shall survive termination of these Terms and continue for a period of 3 years following termination, or for as long as the information remains confidential, whichever is longer.
Our collection and use of personal information in connection with the Services is described in our Privacy Policy. Where we process personal data on your behalf (for example, data collected by your AI agents from your customers), we act as a data Processor and you act as the data Controller. In such cases:
You agree not to use our Services to:
Our Services may integrate with or contain links to third-party websites, services, or applications that are not owned or controlled by Lambie AI. This includes but is not limited to CRM platforms, email providers, messaging services, payment processors, and AI model providers.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge and agree that Lambie AI shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party services.
We warrant that:
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, the Company does not warrant that:
You acknowledge and agree that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:
Either party may terminate these Terms or any SOW by providing 30 days' written notice to the other party, unless a different notice period is specified in the applicable SOW.
Either party may terminate these Terms immediately upon written notice if the other party:
Upon termination:
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, power outages, telecommunications failures, internet service disruptions, or changes in law or regulations.
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Johannesburg, South Africa.
Notwithstanding the foregoing, if you are a consumer in the European Union, United Kingdom, or another jurisdiction that provides mandatory consumer protections, you will benefit from any mandatory provisions of the law of your country of residence, and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions.
Before initiating any formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at info@lambie-ai.com. We will attempt to resolve the dispute through good-faith negotiations within 30 days.
If the dispute cannot be resolved through informal negotiation, either party may submit the dispute to mediation before a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties.
If the dispute is not resolved through mediation within 60 days, either party may pursue the matter through the courts as specified in Section 17.
These Terms, together with our Privacy Policy and any applicable SOW, constitute the entire agreement between you and Lambie AI regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. These Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by email (with confirmation of receipt), or sent by registered mail to the addresses specified in these Terms or as otherwise notified by the parties.
The relationship between Lambie AI and you is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
If these Terms have been translated into any language other than English, the English version shall prevail in the event of any inconsistency or dispute.
The headings in these Terms are for convenience only and shall not affect the interpretation of the Terms.
Our website and certain Service outputs may include content that has been generated or processed by artificial intelligence systems. While we take reasonable steps to ensure the accuracy and quality of such content, AI-generated content may occasionally contain errors, inaccuracies, or outdated information. We do not guarantee the accuracy, completeness, or reliability of any AI-generated content. You are responsible for independently verifying any information before relying on it for business, legal, financial, medical, or other important decisions.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control. You represent and warrant that you are not located in any country subject to a government embargo and that you are not on any government restricted party list.
We are committed to making our Services accessible to all users. If you experience any accessibility barriers while using our Services, please contact us at info@lambie-ai.com and we will work to address the issue.
For Clients on a recurring retainer or hosted service subscription, the Company will use commercially reasonable efforts to make the production environment of the hosted Deliverables available with a monthly uptime of 99.5%, measured per calendar month and excluding Scheduled Maintenance, Force Majeure Events, faults in Third-Party Services outside the Company's reasonable control, Client-caused outages, and beta or preview features.
The Company may engage qualified sub-contractors and sub-processors to assist in the delivery of the Services. The Company remains responsible for the acts and omissions of its sub-contractors as if they were its own. A current list of material sub-processors is published in our Privacy Policy and may be updated from time to time on 30 days' written notice.
Each party represents, warrants, and undertakes that it will:
Breach of this section is a material breach and entitles the non-defaulting party to terminate this Agreement and any SOW with immediate effect.
During the term of any engagement and for a period of 12 months following its termination, neither party will, directly or indirectly, solicit for employment or engagement any employee, contractor, or director of the other party who has been materially involved in the delivery or receipt of the Services, without the prior written consent of the other party. General advertising not specifically targeted at such persons and responses to such advertising are not a breach of this section.
The Company shall maintain, at its own cost and throughout the term of any active engagement, insurance cover appropriate to the nature and scale of the Services, including professional indemnity and cyber liability cover, with reputable insurers. Certificates of currency are available to enterprise Clients on reasonable written request.
On reasonable prior written notice (not less than 30 days) and no more than once in any 12 month period (save where required by a regulator or following a material Personal Data breach), the Client may, at its own cost, request reasonable information necessary to demonstrate the Company's compliance with this Agreement and applicable data protection laws. Where available, the Company will satisfy audit requests by providing third-party certifications, attestations (such as SOC 2 reports of its sub-processors), or completed industry-standard security questionnaires in lieu of on-site inspection.
From time to time the Company may make available beta, trial, evaluation, preview, alpha, or other pre-release features (collectively, "Beta Features"). Beta Features are provided "as is" and "as available", are excluded from any service level commitment, may be modified, suspended, or discontinued at any time without notice, and may not be supported in the same manner as generally available Services. The Company's liability in respect of Beta Features is, to the maximum extent permitted by law, limited to the fees (if any) actually paid for those Beta Features.
In the event of any conflict or inconsistency between the documents comprising this Agreement, the following order of precedence applies, with the higher-listed document prevailing to the extent of the conflict:
To the maximum extent permitted by applicable law, you and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in mediation or arbitration, each party waives any right to a jury trial.
On termination or expiry of the Services, the Company will, on the Client's written request submitted within 30 days of termination, provide reasonable transition assistance, including:
Transition assistance beyond the foregoing, or beyond the 30 day window, is chargeable at the Company's then-current professional services rates and subject to a separate SOW. After the transition window, the Company will securely delete or anonymise Client data in accordance with the Privacy Policy and applicable law, subject to any retention required by law.
The Company maintains automated daily backups of production data hosted on its managed infrastructure, retained for a minimum of 30 days, with encrypted offsite copies. Documented disaster recovery procedures target a Recovery Time Objective (RTO) of 24 hours and a Recovery Point Objective (RPO) of 24 hours for Severity 1 incidents affecting production hosted Deliverables. Backups for Client-hosted or self-managed deployments are the responsibility of the Client unless expressly stated otherwise in a SOW.
The following sections survive termination or expiry of this Agreement for any reason: Definitions, Intellectual Property, Confidentiality, Data Protection and Privacy, Limitation of Liability, Indemnification, Anti-Bribery and Sanctions, Non-Solicitation, Class Action Waiver, Governing Law and Jurisdiction, Dispute Resolution, and any other section that by its nature is intended to survive.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Services.
If you have any questions about these Terms and Conditions, please contact us:
Email: info@lambie-ai.com
Phone: +27 79 418 9828
Address: Johannesburg, South Africa
Website: www.lambie-ai.com