Terms & Conditions

Effective date: 9 November 2026

1. Introduction and acceptance

Welcome to Zarto AI. Zarto AI is a division of Zarto (Pty) Ltd (“Zarto AI”, “we”, “us”, “our”).

These Terms and Conditions govern access to and use of the website at zartoai.com (the “website”), enquiries submitted through the website, and the general terms applicable to services offered by Zarto AI.

By accessing or using this website, you agree to comply with these Terms and Conditions. If you do not agree, please discontinue use of the website.

Where Zarto AI provides software development, website development, hosting, subscription services, maintenance or other professional services, the specific terms of an accepted quotation, service agreement, statement of work or subscription agreement will also apply. If there is a conflict between these Terms and Conditions and a signed service agreement, the signed agreement will prevail for the services concerned.

Nothing in these Terms limits or excludes any right you have, or any liability we have, that cannot lawfully be limited or excluded under South African legislation, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002, where they apply.

Where the Consumer Protection Act 68 of 2008 applies, and any clause of these Terms contradicts or is inconsistent with that Act, the Act prevails. The clause then applies only to the extent that it is consistent with the Act, and the remaining clauses continue to apply.

2. Our services and website content

Zarto AI specialises in designing, developing and implementing digital solutions, including:

custom websites and web applications;
bespoke customer relationship management (CRM) and business management systems;
client portals, booking systems and subscription platforms;
AI-powered applications, integrations and intelligent automation;
document processing, information retrieval and administrative automation;
business process automation and workflow optimisation; and
software integration, deployment, maintenance and technical support.

The availability, scope, functionality and pricing of individual services will be determined through the relevant quotation, proposal or service agreement.

Information published on this website is provided for general information. It is not professional advice and does not constitute a binding offer to supply a particular solution at a particular price. We take reasonable care to keep it accurate, but services, features and availability may change without notice.

3. Enquiries, quotations, projects and agreements

Submitting an enquiry does not create a contract. All development projects are subject to an agreed scope of work. Unless otherwise agreed in writing:

3.1. Quotations are valid only for the period stated in the quotation.

3.2. Work will commence once the quotation or proposal has been accepted and any required first payment has been received.

3.3. Project specifications, deliverables, milestones, payment schedules and responsibilities will be documented and agreed between the parties.

3.4. Additional features, revisions or requirements outside the agreed scope may be quoted and charged separately.

3.5. Delivery dates are estimates unless expressly agreed as binding deadlines.

3.6. Delays resulting from incomplete information, delayed approvals, unavailable third-party services or circumstances beyond our reasonable control may affect delivery timelines.

We may require written approval of material scope changes before proceeding.

4. Fees, payments and taxes

Fees are determined by the applicable quotation, subscription plan or service agreement. Unless otherwise agreed:

first payments and milestone payments are payable according to the agreed payment schedule;
recurring subscriptions, hosting, maintenance and support fees are payable according to their applicable billing terms;
third-party costs, including domains, hosting, software licences, AI processing and external services, may be charged separately where disclosed and agreed;
fees will specify whether VAT is included or excluded, where applicable; and
overdue undisputed payments may result in suspension of services following reasonable written notice, subject to applicable law and contractual obligations.

Refunds, cancellations and termination charges will be handled in accordance with the relevant agreement and applicable South African consumer protection legislation.

5. Intellectual property and software ownership

All intellectual property rights in the website, our branding, original content, design elements, code, proprietary development frameworks, reusable components, software libraries, methodologies and internal tools remain the property of Zarto AI or their respective lawful owners, and are protected by law. You may view the website for personal or internal business purposes, but may not copy, reproduce or distribute its content without our written permission.

For custom development projects, ownership and licensing rights will be determined by the written project agreement. Unless otherwise expressly agreed, we retain ownership of our pre-existing intellectual property, general-purpose components, development tools, frameworks and reusable technologies. Any transfer of intellectual property rights in bespoke deliverables must be expressly recorded in writing and will be subject to the agreed contractual conditions.

Third-party software and open-source components remain subject to their applicable licences.

Clients retain ownership of their own business information, documents, trademarks, content and other materials supplied to us, subject to any third-party rights. We do not acquire ownership of client business data merely because that data is processed, hosted or stored within a system developed or managed by us.

6. Client responsibilities

Clients are responsible for:

providing accurate and complete project requirements;
supplying content, information and approvals within agreed timeframes;
ensuring that materials supplied to us may lawfully be used;
maintaining appropriate access controls and account credentials;
ensuring lawful collection and use of personal information within their own business operations;
reviewing and approving deliverables in accordance with the agreed acceptance process; and
maintaining any client-managed infrastructure, licences or third-party accounts.

Where a client instructs us to process personal information, the client must have an appropriate lawful basis for that processing.

7. Artificial intelligence services

Certain Zarto AI solutions may incorporate artificial intelligence, machine learning, automated processing or third-party AI technologies.

Clients acknowledge that AI-generated outputs may be incomplete, inaccurate, outdated or unsuitable for a particular purpose. Unless expressly agreed otherwise, AI-generated information should be reviewed by an appropriately qualified person before being relied upon for significant business, legal, tax, financial, medical or other consequential decisions.

We do not warrant that AI-generated outputs will always be error-free or produce particular commercial results.

Where third-party AI providers are used, their applicable service conditions, technical limitations and data-processing arrangements may apply. We will disclose relevant third-party AI processing arrangements where required by law or the applicable service agreement.

Clients must not submit confidential, sensitive or personal information to an AI-enabled feature unless its use is authorised and appropriate safeguards are in place. AI-enabled systems involving decisions that significantly affect individuals may require additional legal assessment, human oversight and safeguards under the Protection of Personal Information Act 4 of 2013 (“POPIA”) and other applicable legislation.

8. Hosting, availability and third-party services

We may use third-party infrastructure, cloud platforms, hosting providers, payment processors, software libraries, APIs and other technology services. While reasonable efforts will be made to provide reliable and secure solutions, uninterrupted or error-free availability cannot be guaranteed. Maintenance, updates, security incidents, internet disruptions and third-party outages may temporarily affect services.

Specific uptime commitments, backup arrangements, disaster recovery obligations and service-level guarantees will apply only where expressly included in a service agreement.

We are not responsible for failures attributable solely to independently managed third-party systems, except to the extent that responsibility arises under applicable law or the relevant agreement.

9. Information security and data protection

We are committed to implementing appropriate technical and organisational safeguards to protect personal information and business data processed under our control. Security measures will be proportionate to the nature of the information, the risks involved and the agreed services, and may include access controls, authentication, encryption, security updates, backups and monitoring, where appropriate. No internet-connected system can be guaranteed to be completely secure.

Clients must promptly report suspected unauthorised access, compromised credentials or other security incidents affecting services supplied by us.

Where we process personal information on behalf of a client, the parties may be required to conclude a separate data processing agreement setting out their respective responsibilities under POPIA.

10. Confidentiality

Zarto AI and its clients may exchange confidential commercial, technical, operational or personal information during project discussions and service delivery. Each party must take reasonable steps to protect the other party’s confidential information against unauthorised disclosure or misuse.

Confidential information may be disclosed where required by law, authorised by the relevant party or necessary for the lawful performance of agreed services, subject to appropriate safeguards. Detailed confidentiality obligations may be included in a separate non-disclosure agreement or service agreement.

11. Acceptable website use

You may not:

attempt to gain unauthorised access to the website, servers or connected systems;
introduce malware, malicious code or harmful software;
interfere with website availability, security or functionality;
use the website for fraudulent or unlawful purposes;
submit false, abusive or misleading information through the website;
infringe intellectual property rights or privacy rights; or
use automated extraction or scraping methods that unlawfully interfere with the website or violate applicable rights.

We may take proportionate steps to prevent misuse, including restricting access where reasonably necessary.

12. Warranties and limitation of liability

We will exercise reasonable skill, care and diligence in providing our professional services. The website and its information are supplied on an “as is” and as-available basis and may be updated without prior notice. We do not warrant that the website will be uninterrupted or error-free.

To the maximum extent permitted by applicable law, we are not liable for any loss or damage arising from use of, or inability to use, the public website, including indirect or consequential losses and loss of anticipated profits or business opportunities, except where caused by our gross negligence or wilful misconduct.

Any contractual liability limitations applicable to paid services will be governed by the relevant service agreement and applicable law. Nothing in these Terms excludes liability that cannot legally be excluded, including liability arising from fraud, wilful misconduct or other liability protected by applicable consumer legislation.

13. Indemnity

To the extent permitted by law, you indemnify us against third-party claims arising from your unlawful use of the website or your breach of these Terms.

14. Suspension, cancellation and termination

Project cancellation, service suspension, termination, refunds and data retrieval will be governed by the applicable agreement and relevant legislation. Where recurring services are terminated, the parties will follow the agreed arrangements for outstanding payments, access to information, data export, retention and deletion.

We will not intentionally withhold personal information or client-owned data in circumstances where doing so would violate applicable law.

15. Privacy and POPIA

Personal information collected through the website will be processed in accordance with our Privacy Policy and POPIA. The Privacy Policy explains the purposes of processing, information-sharing practices, security safeguards, cookies and the rights available to data subjects.

16. External links

The website may contain links to external websites and third-party services. We do not control the content, privacy practices or availability of independently operated third-party websites. Please review the applicable terms and privacy notices of those services.

17. Electronic communications

You consent to receiving electronic communications reasonably necessary to respond to enquiries, administer projects and provide agreed services. Marketing communications will be handled in accordance with applicable consent and direct marketing requirements.

Electronic agreements, records and communications will be interpreted in accordance with applicable South African law, including the Electronic Communications and Transactions Act 25 of 2002.

18. Changes to these Terms

We may update these Terms to reflect changes in services, legal requirements or business operations. The current version is always published on this page with its effective date. Material changes affecting existing contractual services will be managed in accordance with the applicable service agreement and law.

19. Governing law, disputes and notices

These Terms are governed by the laws of the Republic of South Africa. The parties should first attempt to resolve disputes through good-faith communication. Where a dispute cannot be resolved, either party may pursue an appropriate legal remedy before a South African court or other competent forum. Nothing in this clause limits statutory rights to approach an applicable regulator, ombud or consumer protection body.

Legal notices must be delivered in writing to our address for service in section 20. General enquiries may be sent to info@zartoai.com.

20. Company information and contact

Trading division: Zarto AI
Registered name: Zarto (Pty) Ltd
Registration number: 2026/882078/07
Physical address and address for service: 77 Sea Hare Circle, Cape Town, 7441, South Africa
Website: https://zartoai.com
Email: info@zartoai.com