Disclaimers

Backchat (Pty) Ltd ("Backchat", "we", "us", or "our") has taken all reasonable steps to ensure that the access to and use of the Chatterbox voice and SMS broadcast platform and related AI services complies with all applicable laws, regulations, and industry standards. We are committed to monitoring these compliance efforts as part of promoting responsible usage and protecting the reputation of our services.

1. General Disclaimer

The information, content, and services provided through the Chatterbox platform are provided on an "as is" and "as available" basis. While we strive to provide accurate and reliable services, we make no representations or warranties of any kind, express or implied, regarding:

• The accuracy, completeness, or reliability of any information or content generated
• The suitability of our services for any particular purpose
• The uninterrupted or error-free operation of our services
• The results that may be obtained from use of our services

2. Assumption of Risk

We disclaim all representations and warranties as to the veracity of any information, content, and/or data generated through our AI services. Users should exercise their own judgment and due diligence when relying on any output from our services.

3. Indemnification

Backchat, its directors, officers, employees, agents, and representatives shall be indemnified and held harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from or related to:

• Your access to or use of the Chatterbox platform
• Your violation of our Terms of Service
• Your violation of our Usage Policy
• Your violation of our Privacy Policy
• Any content you transmit through our platform, including AI-translated messages
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights

4. Limitation of Liability

To the maximum extent permitted by applicable law, Backchat shall not be liable for any:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use our services
• Damages arising from any decisions made based on information provided by our AI services

5. AI-Generated Content

Our platform utilises AI services for text-to-speech audio generation, message translation, message verification, and campaign classification. Please be aware that:

• AI-generated translations may not always be perfectly accurate or culturally appropriate for all contexts. Translations are produced by AI language models and should be reviewed before use.
• Text-to-speech audio is generated by AI services and may not perfectly replicate natural speech patterns in all supported languages (currently English, isiZulu, and Afrikaans, with additional South African official languages planned).
• Hlonipha cultural compliance checks are AI-assisted and provided as guidance only — they do not guarantee full cultural appropriateness.
• AI-based campaign classification is automated and may not always reflect the exact nature of your campaign content.
• You are responsible for reviewing and approving all AI-generated content before it is used in campaigns.
• Backchat is not responsible for any consequences arising from the use of AI-generated content.

6. Third-Party Services

Our services integrate with and rely upon the following third-party services:

• Twilio — voice call and SMS delivery
• PayFast — payment processing for wallet top-ups
• OpenAI — AI translation, message verification, and language detection
• Deepgram — speech-to-text and text-to-speech audio generation
• Google Cloud — speech recognition services
• Microsoft Azure — text-to-speech for non-English languages, authentication
• Amazon Web Services — speech transcription services
• MaxMind — IP-based geo-location (GeoLite2 database, processed locally)

Backchat is not responsible for:

• The availability or performance of third-party services
• Any damages arising from third-party service failures or limitations
• The privacy practices or terms of third-party services

7. Answering Machine Detection

Our platform uses answering machine detection (AMD) technology to determine whether a voice call is answered by a human or a machine. AMD is probabilistic in nature and may occasionally:

• Classify a human answer as a machine, resulting in the call ending without message delivery
• Classify a machine answer as a human, resulting in the message playing to voicemail

Backchat does not guarantee the accuracy of AMD classification and is not liable for calls incorrectly classified.

8. SMS Delivery

SMS message delivery is dependent on recipient mobile carrier networks and is not guaranteed. Messages may be delayed, filtered, or undelivered due to carrier policies, network congestion, recipient device status, or number portability. Backchat is not responsible for SMS delivery failures caused by carrier or network conditions. SMS messages are billed upon sending regardless of final delivery status.

9. AI Translation

Translations provided through our platform are generated by AI language models and are not produced by certified human translators. The platform currently supports English, isiZulu, and Afrikaans, with additional South African official languages planned. While we strive for accuracy, AI-generated translations may contain errors, omissions, or culturally inappropriate phrasing. Users are solely responsible for verifying the accuracy and appropriateness of all translated content before sending it to recipients. Backchat expressly disclaims liability for any damages arising from inaccurate or inappropriate AI-generated translations.

10. Legal Compliance

Backchat does not accept liability for any use of our platform that violates applicable laws or regulations, including but not limited to:

• The Protection of Personal Information Act 4 of 2013 (POPIA)
• Consumer Protection Act requirements
• Telecommunications regulations
• Anti-spam legislation
• Do-not-call registry requirements

11. No Professional Advice

Nothing in our services or any content provided through our platform constitutes professional advice of any kind, including but not limited to legal, financial, medical, or business advice. Users should consult appropriate professionals for specific advice related to their circumstances.

12. Force Majeure

Backchat shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, acts of God, or severe weather events
• War, terrorism, civil unrest, or government actions
• Telecommunications or power failures
• Cyber attacks or security breaches beyond our control
• Pandemics or public health emergencies

13. Severability

If any provision of these disclaimers is found to be unenforceable or invalid by a court of competent jurisdiction, such finding shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.

14. Governing Law

These disclaimers shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or relating to these disclaimers shall be subject to the exclusive jurisdiction of the courts of South Africa.

15. Contact Us

If you have any questions about these disclaimers, please contact us at:

• Email: legal@backchat.co.za
• Website: www.backchat.co.za