Terms of Service
The agreement between Broker AI (Pty) Ltd and the brokerage using the service.
Broker AI (Pty) Ltd t/a Broker AI Registration number 2026/318666/07
Please read clauses 6, 13, 14 and 15 carefully.
Clause 6 sets out what Broker AI is and is not, and confirms that responsibility for any advice given to your clients remains yours. Clause 13 limits our liability to you. Clause 14 requires you to indemnify us in certain circumstances. Clause 15 sets out risks you accept by using an automated drafting tool.
These clauses limit our liability, impose risk on you and contain an indemnity. Section 49 of the Consumer Protection Act 68 of 2008 requires us to draw them to your attention specifically. By accepting these terms you confirm that you have read and understood them.
1. Who these terms are between
These terms are an agreement between Broker AI (Pty) Ltd, registration number 2026/318666/07, a company incorporated in the Republic of South Africa with its principal place of business at 2 Niagara Road, Tygervalley, Cape Town, 7530 ("Broker AI", "we", "us"), and the person or entity that creates an account or subscribes to the service ("you", "the Customer").
If you accept these terms on behalf of a brokerage or other entity, you warrant that you are authorised to bind it, and "you" means that entity.
2. Definitions
Service — the Broker AI software, the broker-ai.org website, the application, and any documentation or support we provide.
Customer Content — documents, text, data and instructions you submit to the Service, including policy wordings, schedules and client information.
Output — material the Service generates from Customer Content, including draft Records of Advice, risk analyses and correspondence.
Client Personal Information — personal information relating to your clients or other third parties that is contained in Customer Content.
FAIS — the Financial Advisory and Intermediary Services Act 37 of 2002 and its subordinate legislation, including the General Code of Conduct for Authorised Financial Services Providers and Representatives.
POPIA — the Protection of Personal Information Act 4 of 2013.
3. The Service
We grant you a non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, for your internal business purposes, subject to these terms.
We may modify, add to or discontinue features. Where a change materially reduces functionality you rely on, we will give you at least 30 days' notice by email, and you may cancel without penalty within that period.
4. Eligibility and accounts
You must be an authorised financial services provider, a representative of one, or otherwise lawfully entitled to perform the activities for which you use the Service.
You are responsible for the accuracy of your account information, for all activity under your account, for keeping credentials confidential, and for ensuring that each person using the Service under your account is authorised to do so and complies with these terms. Tell us immediately at admin@brokerai.co.za if you suspect unauthorised access.
Do not share credentials. Each named user requires their own login.
5. Acceptable use
You may not:
- upload Customer Content you are not lawfully entitled to share with us
- upload special personal information as defined in section 26 of POPIA, or a child's personal information, unless the specific task genuinely requires it
- use the Service to give advice you are not licensed to give
- present Output to a client or regulator as though it were reviewed advice when it has not been reviewed
- reverse engineer, decompile, scrape or attempt to derive the source code, model weights or prompts underlying the Service
- resell, sublicense or provide the Service to third parties as a bureau service without our written consent
- circumvent usage limits, security controls or authentication
- upload malicious code, or use the Service in a way that impairs it for other customers
- use the Service unlawfully or in breach of FAIS, POPIA, the Consumer Protection Act or any other applicable law
We may suspend access immediately where we reasonably believe this clause is being breached, and will tell you why.
6. What Broker AI is, and what it is not
This clause is fundamental to the agreement.
6.1 Broker AI is a drafting tool. It produces drafts from the material you supply.
6.2 Broker AI is not an authorised financial services provider. We do not hold an FSP licence, we do not render financial services, and we do not furnish advice as defined in section 1 of FAIS. We have no relationship with your clients.
6.3 Every Output must be reviewed, verified, corrected where necessary and approved by an appropriately mandated representative before it is relied on, filed, or provided to a client. You must satisfy yourself that the Output reflects the advice actually given, the client's actual circumstances, and the actual terms of the relevant policy.
6.4 Responsibility for the advice, for the suitability analysis, for the record of advice and for compliance with FAIS, including the General Code of Conduct, remains entirely yours. Using the Service does not transfer any part of that responsibility to us, and cannot be raised by you as an answer to a client complaint, an Ombud determination or a regulatory finding.
6.5 Output may contain errors, omissions or statements that do not reflect the source documents. Automated language models can produce plausible but incorrect content. You must not treat Output as verified.
7. Customer Content and your responsibilities
7.1 You retain all rights in Customer Content. You grant us a limited licence to host, process and transmit it solely to provide the Service to you.
7.2 You warrant that you have a lawful basis under POPIA to share Client Personal Information with us, that you have complied with your own notification obligations under section 18 of POPIA, and that your client mandates and privacy notice permit the use of third-party processors.
7.3 You are responsible for the accuracy and completeness of Customer Content. Output quality depends on it.
7.4 You should retain your own copies of records you are required to keep. Section 3(2) of the FAIS General Code requires records to be kept for five years. Clause 17 sets out what happens to your data when the agreement ends.
8. Data protection
8.1 Our roles. We are the responsible party for your account, billing and usage information, and we process it as set out in our Privacy Notice at https://broker-ai.org/privacy.
8.2 Client Personal Information. In respect of Client Personal Information contained in Customer Content, you are the responsible party and we are your operator as defined in POPIA. This clause 8 constitutes the written contract required by section 21(2) of POPIA.
8.3 Our obligations as operator. We will:
(a) process Client Personal Information only on your documented instructions and only to provide the Service, unless a law requires otherwise, in which case we will tell you unless the law prohibits it; (b) treat it as confidential and not disclose it except as permitted by this agreement or required by law; (c) secure its integrity and confidentiality by taking appropriate, reasonable technical and organisational measures under section 19 of POPIA, as described at https://broker-ai.org/security; (d) ensure that persons with access are subject to confidentiality obligations; (e) not use Customer Content or Output to train, fine-tune or improve any machine learning model, and contractually require the same of our sub-processors; (f) notify you immediately where there are reasonable grounds to believe Client Personal Information has been accessed or acquired by an unauthorised person, as section 21(3) requires, with sufficient detail for you to meet your own section 22 notification duties; (g) assist you, at your reasonable request and cost, to respond to data subject requests, to conduct impact assessments, and to deal with the Information Regulator; (h) on termination, return or delete Client Personal Information in accordance with clause 17.
8.4 Sub-processors. You authorise us to use the sub-processors on our current sub-processor list, which we will supply on request to admin@brokerai.co.za. We will give at least 30 days' notice before adding or replacing one. If you reasonably object on data protection grounds, you may cancel without penalty. We remain liable to you for our sub-processors' acts and omissions.
8.5 Location. Customer Content is stored within the Republic of South Africa on AWS infrastructure in the af-south-1 (Cape Town) region. Generating an Output requires transmitting document content to our AI providers under commercial API licences, and that processing occurs outside South Africa. The transfer is made in terms of section 72 of POPIA and is described in our Privacy Notice at https://broker-ai.org/privacy.
8.6 Data subject requests. If we receive a request from one of your clients, we will refer them to you and notify you. We will not respond substantively on your behalf.
9. Our intellectual property
We own the Service, including all software, models, prompts, interfaces, documentation and trade marks, and all improvements to them. Nothing in these terms transfers any of that to you.
Feedback you give us may be used freely without obligation or compensation, provided it is not identified as yours and contains no Customer Content.
We may use aggregated, de-identified usage statistics that do not identify you or any individual to operate and improve the Service.
10. Fees, billing and price changes
10.1 Fees are as published at https://broker-ai.org/pricing or as set out in your order. All amounts are in South African Rand and are the full amount payable, with no further taxes or charges added at checkout.
10.2 Subscriptions are billed monthly in advance and renew automatically until cancelled.
10.3 Payment is by recurring card payment through Stitch. We do not receive or store your card details.
10.4 If payment fails we may suspend access after 7 days' notice. Restoration follows payment.
10.5 We may change fees on at least 30 days' notice before the start of your next billing period. If you do not accept the change, cancel before it takes effect. Continued use afterwards is acceptance.
10.6 Except as set out in clause 11, fees already paid are not refundable, and cancelling part way through a billing period does not entitle you to a pro-rata refund.
11. Cancellation and cooling-off
11.1 Cancelling a subscription. You may cancel at any time from your account settings or by emailing admin@brokerai.co.za. Cancellation takes effect at the end of the current billing period. You keep access until then.
11.2 Direct marketing cooling-off. Where you concluded this agreement as a result of direct marketing and you are a consumer as defined in the Consumer Protection Act, section 16 of that Act entitles you to rescind within five business days of concluding the agreement, without reason or penalty. Email admin@brokerai.co.za to do so. We will refund any amount paid within 15 business days.
11.3 Cancellation by us. We may cancel on 30 days' notice, and will refund the unused portion of any prepaid fees.
11.4 Cancellation for breach. Either party may cancel immediately on written notice if the other commits a material breach and fails to remedy it within 14 days of being asked to.
12. Availability and support
We work to keep the Service available at all times, but we do not currently publish a guaranteed uptime percentage and this clause does not create one. We will give advance notice of scheduled maintenance where practicable.
Support is available by email at admin@brokerai.co.za from 08:00 to 17:00 SAST on business days, with a target first response of one business day.
13. Warranties and limitation of liability
13.1 What we warrant. We warrant that we will provide the Service with reasonable skill and care, and in accordance with these terms.
13.2 What we do not warrant. To the fullest extent permitted by law, and subject to clause 13.5, we do not warrant that the Service will be uninterrupted or error free, or that Output will be accurate, complete, current, suitable for any particular client, or compliant with FAIS or any other law. Output is a draft. Clause 6 applies.
13.3 Exclusion of indirect loss. Neither party is liable for indirect or consequential loss, loss of profit, loss of business, loss of goodwill or loss of anticipated savings, however arising.
13.4 Cap. Subject to clause 13.5, our total liability to you arising out of or in connection with this agreement, whether in contract, delict or otherwise, is limited in aggregate to the fees you paid us in the twelve months before the event giving rise to the claim.
13.5 What is never excluded. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for a breach of clause 8 caused by our gross negligence, or for anything that cannot lawfully be excluded, including liability arising under section 61 of the Consumer Protection Act.
13.6 You acknowledge that the fees reflect this allocation of risk, and that we would not provide the Service on these fees without it.
14. Indemnity
You indemnify us against claims, losses, fines and reasonable legal costs arising from:
(a) a client complaint, Ombud determination or regulatory finding relating to advice you gave, including where Output formed part of the record; (b) your breach of clause 5 or clause 7; (c) Customer Content you were not entitled to upload, or Client Personal Information shared with us without a lawful basis; (d) your breach of FAIS or of your own obligations under POPIA.
This indemnity does not apply to the extent that the claim arises from our own breach of clause 8 or our gross negligence.
We will tell you promptly of any claim, not settle it without your consent, and let you conduct the defence at your cost.
15. Risks you accept
You acknowledge and accept that:
- automated language models can generate content that is fluent but factually wrong, and can omit material terms present in a source document;
- Output can misstate policy wording, exclusions, limits, warranties and endorsements;
- the Service does not know anything about your client beyond what you upload;
- the Service does not monitor changes in law, regulation or insurer wording unless expressly stated;
- for these reasons the review obligation in clause 6.3 is not a formality, and cannot be discharged by a superficial read.
16. Confidentiality
Each party will keep the other's confidential information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not apply to information that is public through no breach, was already known, is independently developed, or must be disclosed by law — in which case the disclosing party will be told first where lawful.
17. What happens to your data when the agreement ends
17.1 You may download any Output you have generated at any time during your subscription, from the records list inside the application, in the format in which it was generated (Word, Excel or PDF). We do not currently provide a single self-service export of your entire account at once; if you need a complete extract - for a migration, an audit or a regulatory request - email admin@brokerai.co.za and we will produce it at no charge.
17.2 For 30 days after termination we will keep your data available for export on request. This period exists because you may need it to meet the five-year record-keeping obligation under the FAIS General Code.
17.3 After that period we will delete Customer Content and Output, and delete or de-identify account data, except where a law requires retention. Deleted data clears our backups on our ordinary backup cycle within 35 days.
17.4 On written request we will confirm deletion.
18. Changes to these terms
We may amend these terms. We will publish the amended version at https://broker-ai.org/terms with a new effective date, and give account holders at least 30 days' notice by email of any material change. If you do not accept it, cancel before it takes effect. Continued use afterwards is acceptance.
19. General
Force majeure. Neither party is liable for failure caused by events beyond its reasonable control, provided it notifies the other and mitigates. This does not excuse payment obligations.
Notices. To us at admin@brokerai.co.za and 2 Niagara Road, Tygervalley, Cape Town, 7530. To you at the email on your account. Notices are deemed received on the next business day after sending, unless a delivery failure is received.
Assignment. You may not cede or assign without our written consent. We may assign to a successor in title on notice.
Whole agreement. These terms, the Privacy Notice and any order form are the whole agreement, and supersede prior discussions. Nothing limits liability for fraudulent misrepresentation.
Severability. If a provision is unenforceable, it is severed and the rest stands.
No waiver. Failure to enforce is not a waiver.
Governing law. The laws of the Republic of South Africa.
Disputes. The parties will first attempt to resolve any dispute by negotiation between senior representatives within 15 business days. Failing that, the dispute is referred to arbitration under the rules of the Arbitration Foundation of Southern Africa, in Cape Town, in English, before one arbitrator. Nothing prevents either party from seeking urgent interim relief from a court, and nothing in this clause limits any right you may have to refer a matter to the Information Regulator, the FAIS Ombud, the National Consumer Commission or the National Consumer Tribunal.
Jurisdiction. The parties consent to the jurisdiction of the Magistrate's Court in terms of section 45 of the Magistrates' Courts Act 32 of 1944 in respect of any proceedings, without limiting our right to proceed in a High Court.
20. Legal and contact details
Required by section 43 of the Electronic Communications and Transactions Act 25 of 2002:
| Full legal name | Broker AI (Pty) Ltd |
| Legal status | Private company incorporated in South Africa |
| Registration number | 2026/318666/07 |
| Directors | Dean Geldenhuys, Marcus Geldenhuys |
| Physical address | 2 Niagara Road, Tygervalley, Cape Town, 7530 |
| Postal address | 2 Niagara Road, Tygervalley, Cape Town, 7530 |
| Telephone | 082 554 2605 |
| admin@brokerai.co.za | |
| Website | https://broker-ai.org |
| Information Officer | Dean Geldenhuys, admin@brokerai.co.za |
| Complaints | admin@brokerai.co.za |
Description of the Service, pricing, payment terms and our refund and cancellation policy appear in clauses 3, 10 and 11 and at https://broker-ai.org/pricing. Security procedures are described at https://broker-ai.org/security.