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Terms of Service — Niu

Provider: Shaun Wayde Govender, a sole proprietorship trading as ARA Automated Solutions ("Niu", "we", "us"), of Sandton, Johannesburg, Gauteng, 2196. Contact: araautomatedsolutions@gmail.com Effective date: 1 November 2026 Last updated: 9 November 2026

By creating an account or using the Niu service, you ("the Client", "you") agree to these Terms.

1. Definitions

  • Service — the Niu AI receptionist platform: answering and handling enquiries

across voice, WhatsApp, email and web chat, with the dashboards and features made available to you.

  • AI Assistant — the automated assistant that interacts with your customers.
  • Customer Personal Information — personal information of your customers that we

process on your behalf (governed by the Operator Agreement).

2. The service

2.1 We grant you a non-exclusive, non-transferable right to use the Service for your

own business during your subscription.

2.2 The Service is provided for business use. We may improve, change or add features;

we will not materially reduce a core feature of your plan without notice.

2.3 The AI Assistant is automated and not infallible. It may occasionally be

wrong, misunderstand, or be unable to help. You are responsible for configuring a human fallback (forwarding or message-taking), and we recommend reviewing the Service in shadow mode before it speaks to real customers.

2.4 AI output is not professional advice. The AI Assistant does not give legal,

medical, financial or other professional advice, and its responses may be incomplete or incorrect. Neither you nor your customers should rely on them as professional advice. You are responsible for reviewing and verifying outputs where accuracy matters, and for the business decisions you or your customers take based on them.

2.5 The Service relies on third-party providers — at the date of these Terms,

Vapi (voice calling), Telnyx (WhatsApp), and Anthropic (the AI model), together with hosting and storage providers. We select them with reasonable care, but we are not responsible or liable for their acts, omissions, outages, pricing or changes. If a provider fails or changes, we will take reasonable steps to maintain or restore the Service.

2.6 WhatsApp. To use Niu on WhatsApp, your WhatsApp number is connected to the

WhatsApp Business Platform (the official WhatsApp Cloud API) through our provider (Telnyx). Please understand the following before choosing WhatsApp: (a) A number can be used either in the WhatsApp Business app or on the WhatsApp Cloud API — but, because WhatsApp "Coexistence" is not currently available in South Africa, not both at the same time. Connecting your number to Niu therefore means it leaves the WhatsApp Business app, and you and your team then read and reply to messages through the Niu dashboard instead of the green WhatsApp app. (b) If you wish to keep using the WhatsApp Business app on a number, Niu's AI cannot read or answer messages on that number — you would need a separate, dedicated number for Niu. We recommend a dedicated business number for Niu and keeping any personal number on the ordinary app. (c) Moving an existing number to the Cloud API may mean its in-app chat history is not carried over, and a Meta business-verification step may be required for your display name and higher sending limits. (d) Your use of WhatsApp through Niu is also subject to WhatsApp's and Meta's own terms and policies, which you agree to comply with.

3. Accounts and access

3.1 You must give accurate account details and keep your login credentials secure.

3.2 You are responsible for everything done under your account. Tell us immediately of

any unauthorised use.

3.3 We may require two-factor authentication and other reasonable security measures.

4. Your responsibilities

4.1 You are the Responsible Party for your customers' information and warrant that

you have a lawful basis to process it and to have us process it (see the Operator Agreement).

4.2 You will display your own customer privacy notice (a template is provided) and

obtain any consents the law requires.

4.3 You are responsible for the content you configure (your FAQ, knowledge,

greetings, instructions) and warrant it is accurate, lawful and not misleading.

4.4 You will not use the Service unlawfully, to send spam or unlawful direct

marketing, to harass, or to process special personal information (e.g. health information) unless a specific written addendum is in place.

4.5 You are responsible for complying with all laws that apply to your business and to

your communications with your customers — including POPIA, the Consumer Protection Act, RICA (which governs call recording), the Electronic Communications and Transactions Act, and any rules specific to your industry. You confirm that your use of the Service, and the content and instructions you configure, comply with those laws.

5. Plans, fees and payment

5.1 Fees, setup fees and what each plan includes are as set out in your chosen plan

(Spark, Surge or Powerhouse) at sign-up, in South African Rand. The Service is a month-to-month subscription.

5.2 Subscription fees are billed monthly in advance; setup fees are billed once at

the start. Usage above a plan's included allowances may be charged as notified.

5.3 Payment is by the method you authorise at sign-up. **We never store your full card

details** — payments are handled by a PCI-compliant payment provider.

5.4 Late or failed payment: we may suspend the Service after reasonable notice.

5.5 We may change fees on no less than one calendar month's written notice; the new

fee applies from your next billing cycle.

5.6 Refunds.

(a) If you have not used the Service at all, you may cancel and receive a full refund — including the once-off setup fee and the monthly fee paid. (b) If you have already used the Service, the once-off setup fee is non-refundable, and you may receive a refund of up to 50% of the monthly fee for the current month. (c) Refunds are made to your original payment method within a reasonable period.

5.7 Invoices and statements. We issue a monthly invoice, billed in advance for

the coming month, together with any usage above your plan's allowances from the previous month at the rates we notify. Each invoice, and a statement of your account, are sent to your account email and made available in your dashboard, and are payable by the due date shown on the invoice.

6. Trial / shadow period

Where offered, a trial or shadow-mode period lets you evaluate the Service before it goes live to your customers. We may set reasonable limits on trials.

7. Availability and support

7.1 We aim to keep the Service available and to provide reasonable support, but we do

not guarantee uninterrupted or error-free operation. Maintenance, provider outages and factors beyond our control may cause downtime.

7.2 No specific uptime service level is promised unless agreed separately in writing.

8. Data protection

Our handling of personal information is governed by the Privacy Policy and the Operator Agreement, which form part of these Terms. Where a conflict concerns the processing of personal information, the Operator Agreement prevails.

9. Intellectual property

9.1 The Service, software and branding are owned by us or our licensors. We grant only

the right to use the Service under these Terms.

9.2 Your content and your customers' information remain yours; you grant us the right

to process them only to provide the Service.

10. Confidentiality

Each party will keep the other's confidential information confidential and use it only for the purposes of these Terms.

11. Suspension and termination

11.1 The Service is a **month-to-month subscription with no fixed term, and you may

cancel at any time. Cancellation takes effect from your next monthly billing cycle — a month you have already begun is not refunded (see clause 5.6). So if you are in a month you have started using, please tell us in advance of your next billing date** so we can stop the subscription from the following month. We may also terminate on one calendar month's written notice.

11.2 We may suspend or terminate immediately for serious or repeated breach,

non-payment after notice, or unlawful use.

11.3 On termination we will, at your choice, return or delete Customer Personal

Information as set out in the Operator Agreement. Fees due up to termination remain payable.

12. Warranties and disclaimers

Except as expressly stated, and to the extent permitted by law (including the Consumer Protection Act where it applies), the Service is provided "as is" and we disclaim other implied warranties. Nothing in these Terms excludes liability that cannot be excluded by law.

13. Liability

13.1 Nothing in these Terms excludes or limits any liability that cannot be excluded or

limited by law, including under the Consumer Protection Act where it applies, or for death or personal injury caused by negligence, or for fraud.

13.2 Subject to 13.1, neither party is liable to the other for any indirect, incidental,

special or consequential loss, or for loss of profit, revenue, data, goodwill or business, however arising.

13.3 Subject to 13.1, our total aggregate liability to you arising out of or in

connection with the Service in any 12-month period is limited to the total fees you paid to us for the Service during that period.

13.4 The AI Assistant is automated and may be wrong. You are responsible for your

human-fallback arrangements and for verifying outputs where accuracy matters, and we are not liable for loss arising from your failure to do so, from your content, instructions or configuration, or from third-party providers.

14. Indemnity

You indemnify us against claims arising from your unlawful use of the Service, your content or instructions, or your failure to have a lawful basis or required consents for processing your customers' information — except to the extent we are at fault.

15. Changes to these Terms

We may update these Terms on reasonable notice. Continued use after the effective date of a change means you accept it. If you do not accept a material change, you may terminate before it takes effect.

16. Governing law and disputes

These Terms are governed by the law of the Republic of South Africa. The parties will try to resolve disputes in good faith; failing that, the dispute is subject to the jurisdiction of the South African courts (or arbitration, if separately agreed).

17. Notices

Notices to us: araautomatedsolutions@gmail.com. Notices to you: the email on your account. It is your responsibility to keep your contact email current.


These Terms should be read with the Privacy Policy and the Operator Agreement.