Terms & Conditions

1. Who we are

WinStream SA (the "Service") is operated by Native Digital Media (Pty) Ltd, a company registered in South Africa under registration number 2025/980214/07 ("we", "us", "our"). By using the Service you are contracting with Native Digital Media (Pty) Ltd.

2. Acceptance of these terms

By creating an account or continuing to use the Service you agree to these Terms. If you are using the Service on behalf of an organisation, you confirm that you have authority to bind that organisation. If you are an individual, you confirm you are of legal age in your jurisdiction.

3. The service

WinStream SA provides AI-assisted workflow automation for small businesses, including quote and proposal generation, follow-ups, and business writing delivered through web, email, and WhatsApp channels. Features available to you depend on your selected plan.

4. Accounts and accuracy

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate registration information and keep it up to date.

5. Acceptable use

You must not use the Service to:

• Break any law or infringe anyone's rights, including intellectual property rights;
• Send spam, conduct fraud, or harass others;
• Upload malware or attempt to probe, scan, or interfere with the Service or its security;
• Scrape, reverse engineer, resell, or redistribute the Service or its outputs except as expressly permitted;
• Generate illegal content, deepfakes, hate speech, sexual content involving minors, or content designed to deceive or defraud;
• Attempt to jailbreak the AI features or use them to produce malware or attack tooling.

6. AI-generated content

• You are responsible for the prompts you provide, for how you use any AI outputs, for verifying their accuracy, and for ensuring you have the rights to any content you input.
• Subject to your compliance with these Terms, you own the outputs you generate via the Service for your own lawful business use. We may use de-identified usage data to improve the Service.
• AI outputs may be inaccurate, incomplete, or biased. The Service is not a substitute for professional legal, financial, tax, or medical advice and must not be relied on for regulated decisions without qualified human oversight.
• We may moderate, filter, or refuse outputs, and may remove content or suspend accounts that violate these Terms. Rights-holders may contact info@winstreamsa.co.za to report infringing content; repeat infringers will lose access.

7. Intellectual property

We retain ownership of the Service and all related intellectual property, including software, models, prompts, documentation, and branding. You receive a limited, non-exclusive, non-transferable right to use the Service within the limits of your plan. You grant us a limited licence to host and process your content solely to provide and improve the Service.

8. Payments, billing and Paddle

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service enquiries and handles returns. Payment, billing, taxes, subscription renewals, cancellations and refunds are governed by Paddle's Buyer Terms.

9. Service availability

We work hard to keep the Service reliable, but we do not guarantee that it will be uninterrupted, error-free, or available at any specific level of performance.

10. Suspension and termination

We may suspend or terminate your access for material breach of these Terms, non-payment, security or fraud risk, or repeated or serious policy violations. On termination your right to use the Service ends. We will make reasonable efforts to let you export your data for 30 days after termination, after which we may delete it.

11. Warranties and liability

To the fullest extent permitted by law, the Service is provided "as is" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Our aggregate liability for any claim arising out of or relating to the Service is limited to the fees you paid us in the 12 months preceding the claim. We are not liable for indirect, consequential, special, incidental, or punitive damages, including loss of profits, revenue, data, or goodwill. Nothing in these Terms excludes liability that cannot be excluded by law, including for fraud, death, or personal injury caused by negligence.

12. Indemnity

You will indemnify us against claims arising from your content, your unlawful use of the Service, or your breach of these Terms.

13. Governing law

These Terms are governed by the laws of the Republic of South Africa, and the courts of South Africa have exclusive jurisdiction over any disputes.

14. Assignment and force majeure

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond reasonable control.

15. Contact

Native Digital Media (Pty) Ltd · Registration 2025/980214/07 · South Africa · info@winstreamsa.co.za