Terms of Service
Last updated: 1 April 2026
These Terms of Service (“Terms”) govern your access to and use of the Kota website, application, and related services (the “Service”) operated by the entity referred to as Kota, we, or us. By creating an account, signing in, or using the Service, you agree to these Terms.
Note: These Terms are a starting point for a commercial product. They are not tailored legal advice. A South African attorney should review them before you rely on them for high-risk or regulated use.
1. The Service
Kota provides a cloud-based workspace for small and medium enterprises, including tools for clients, finance, documents, tasks, and an AI assistant that processes your instructions and business context to produce outputs inside the app. Features may change over time; we may add, modify, or discontinue functionality with reasonable notice where practicable.
2. Eligibility and accounts
You must be able to form a binding contract under South African law (typically 18 years or older, or duly authorised on behalf of an organisation). You are responsible for the accuracy of registration information and for maintaining the confidentiality of your credentials. You must notify us promptly of unauthorised use of your account.
If you use Kota on behalf of a company or close corporation, you represent that you have authority to bind that organisation, and “you” includes that organisation.
3. AI-generated content and reliance
The Service uses artificial intelligence (via providers such as OpenRouter and underlying model vendors). AI outputs may be incorrect, incomplete, or unsuitable for your situation.
- You remain responsible for reviewing and approving anything you send to third parties (clients, SARS, CIPC, etc.).
- Outputs are not legal, tax, accounting, or professional advice unless separately provided by a qualified professional engaged by you.
- You must not use the Service for unlawful, harmful, or deceptive purposes (see acceptable use below).
Use of AI features involves transmission of relevant prompts and context to our AI subprocessors as described in our Privacy Policy. We use your data to operate the Service for you, not for unrelated commercial exploitation such as selling your data to third parties for their own marketing.
4. Your content and licence to us
You retain ownership of content you submit (“Your Content”). You grant us a limited, worldwide, non-exclusive licence to host, process, copy, display, and transmit Your Content solely to provide, secure, and improve the Service for you and your organisation—including submitting portions to AI providers as needed to fulfil your requests.
You warrant that you have the rights necessary to submit Your Content and that doing so does not violate third-party rights or applicable law.
5. Acceptable use
You agree not to:
- violate any law or infringe others’ intellectual property, privacy, or other rights;
- upload malware, probe or attack our systems, or circumvent security or access controls;
- scrape, resell, or substantially replicate the Service without our written consent;
- use the Service to generate unlawful, defamatory, discriminatory, or harassing content;
- use the Service in a way that overloads or disrupts infrastructure or other users’ use.
We may suspend or terminate access for breach of these Terms or to protect the Service or other users.
6. Subscription, fees, and trials
Some features may be free; others may require a paid subscription. Fees, billing cycles, and taxes (including VAT where applicable) will be presented at checkout or in your plan description. Unless stated otherwise, subscriptions renew until cancelled in accordance with the cancellation process we provide. Failure to pay may result in suspension of paid features.
7. Third-party services
The Service integrates third-party infrastructure (hosting, authentication, payments, AI inference). Those services have their own terms. We are not responsible for third-party failures outside our reasonable control, but we will use commercially reasonable efforts to maintain a reliable Service.
8. Intellectual property
Kota’s name, branding, software, and documentation are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights. You may not copy our software or remove proprietary notices.
9. Disclaimer of warranties
To the fullest extent permitted by South African law, including the Consumer Protection Act, 2008 (CPA) where it applies, the Service is provided on an “as is” and “as available” basis. We disclaim warranties that are not mandatory under the CPA (for example implied warranties that cannot lawfully be excluded for consumers may still apply). We do not warrant that the Service will be uninterrupted or error-free.
10. Limitation of liability
Nothing in these Terms limits liability that cannot be limited under applicable law (including gross negligence, wilful misconduct, or fraud, and any rights you have as a consumer under the CPA where it applies).
Subject to the preceding sentence, our total aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the twelve months before the claim, or (b) a reasonable nominal amount where no fees were paid—except where a different cap is required by law.
We are not liable for indirect, consequential, or punitive damages, or for loss of profits, data, or goodwill, except where such exclusion is not permitted by law.
11. Indemnity
You agree to indemnify and hold harmless Kota and its directors, employees, and agents against claims, damages, losses, and reasonable legal costs arising from Your Content, your misuse of the Service, or your breach of these Terms, to the extent permitted by law.
12. Termination
You may stop using the Service and request account closure in accordance with our processes. We may suspend or terminate access for breach, legal risk, or extended inactivity where permitted. Provisions that by nature should survive (including intellectual property, liability limits where allowed, and governing law) survive termination. Data handling after closure is described in our Privacy Policy.
13. Governing law and disputes
These Terms are governed by the laws of the Republic of South Africa. Subject to mandatory consumer protections and jurisdictional rules, you consent to the exclusive jurisdiction of the courts of South Africa for disputes arising from these Terms or the Service, unless we agree otherwise in writing.
14. General
If any provision is invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and any order or plan terms you accept, constitute the entire agreement regarding the Service.
15. Contact
For questions about these Terms, contact us via the support or legal contact published on our website.
See also our Privacy Policy.