GovClerk Terms of Use

1. Introduction

The website located at govclerkminutes.com (the "Site") is operated by GovClerk (Pty) Ltd ("Company", "us", "our", and "we").

"Site" refers to GovClerk Minutes (https://govclerkminutes.com), as well as all related services, applications, and features. GovClerk Portal, our separate public transparency product for government organizations, is governed by its own GovClerk Portal Terms of Use.

These Terms of Use ("Terms") govern your access to and use of the Site and our services ("Services"). Please read these Terms carefully before using the Site.

By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Site or Services.

These Terms apply in addition to any subscription agreement or service order you may have entered into with us. In the event of a conflict, the subscription agreement will take precedence.

2. Access to the Site

You must be at least 18 years of age to use our Services. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

We reserve the right to withdraw or amend our Site and Services, and any service or material we provide through the Site, in our sole discretion without notice. We may restrict access to some parts or all of the Site, including to registered users.

3. User Accounts

To access certain features of the Site, you may be required to register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security of your password and accept responsibility for all activities that occur under your account.
• Notify us immediately at cliff@govclerkminutes.com upon becoming aware of any breach of security or unauthorized use of your account.
• Not share your account credentials with any third party.

We reserve the right to suspend or terminate your account and refuse any current or future use of the Site if we reasonably believe you have violated these Terms.

4. License Grant

Subject to these Terms and any applicable subscription agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your own personal or commercial use in connection with your subscription.

You may not:

• Copy, modify, or create derivative works based on the Site or Services.
• Distribute, transfer, sublicense, lease, lend, or sell the Site or Services to any third party.
• Reverse engineer, decompile, or disassemble the Site or Services.
• Make the functionality of the Site or Services available to third parties in any way.

All rights not expressly granted to you in these Terms are reserved by GovClerk (Pty) Ltd.

5. Acceptable Use

Your use of the Site is also governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Please review that policy carefully.

In summary, you agree not to use the Site or Services:

• For any unlawful purpose or in violation of any applicable laws or regulations.
• To transmit any unsolicited or unauthorized advertising or promotional material.
• To impersonate or attempt to impersonate any person or entity.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site.
• To attempt to gain unauthorized access to any part of the Site or any server, computer, or database connected to the Site.
• To introduce any viruses, trojans, worms, or other harmful material.
• To use automated tools to access the Site without our prior written consent.

6. User Content

Our Site may allow you to submit, upload, publish, or otherwise make available content, including but not limited to meeting recordings, transcripts, documents, agendas, and minutes ("User Content").

You retain all ownership rights in your User Content. By submitting User Content, you grant GovClerk (Pty) Ltd a limited, non-exclusive, royalty-free license to use, process, store, and display your User Content solely for the purpose of providing the Services to you.

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to process your User Content.
• Your User Content does not violate any third-party intellectual property rights, privacy rights, or applicable laws.
• You have lawful authority to record and upload any meetings you submit to GovClerk Minutes, and you have complied with applicable recording consent requirements, including the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) in South Africa.

We are not responsible for the accuracy, completeness, or quality of any AI-generated meeting minutes. You are solely responsible for reviewing and approving all AI-generated content before using it in any official capacity.

We reserve the right to remove or disable any User Content that violates these Terms or our Acceptable Use Policy without prior notice.

7. Intellectual Property

The Site and their entire contents, features, and functionality — including but not limited to all software, code, design, text, graphics, logos, images, and the selection and arrangement thereof — are owned by GovClerk (Pty) Ltd, its licensors, or other providers and are protected by applicable intellectual property laws.

The GovClerk name, logo, and all related product names, logos, and slogans are trademarks of GovClerk (Pty) Ltd. You may not use these marks without our prior written permission.

AI-generated meeting minutes and transcripts created from your uploaded content constitute derivative works. As between you and GovClerk (Pty) Ltd, you own the output generated from your content, subject to our rights in the underlying platform and technology.

8. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by GovClerk (Pty) Ltd. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly recommend that you read the terms and conditions and privacy policy of any third-party website or service that you visit.

Our Services integrate with third-party providers including Clerk (authentication), AWS (cloud storage), PostHog (analytics), Postmark (email), and PayStack and Paddle (payments, selected automatically based on your location). Your use of these Services is also subject to those providers' terms and privacy policies.

We do not store your payment card or banking details. All payment processing and storage of payment information is handled directly by PayStack and Paddle, not by GovClerk. We only receive and store transaction confirmations and references from these processors; we never receive or store your raw card or banking details.

9. Copyright / DMCA Policy

We respect the intellectual property rights of others and expect users to do the same. If you believe that any content on our Site infringes your copyright, please send a written notification to our designated Copyright Agent.

Your notification must include:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and where it is located on the Site.
• Your contact information (name, address, telephone number, and email address).
• A statement that you have a good faith belief that the use is not authorized by the copyright owner.
• A statement made under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on their behalf.

The designated Copyright Agent for Company is:

Designated Agent: Clifford Mokoena
Email: cliff@govclerkminutes.com

10. Disclaimer of Warranties

THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Site or Services will be uninterrupted, error-free, or secure.
• Any errors or defects will be corrected.
• The Site or Services are free of viruses or other harmful components.
• AI-generated meeting minutes are accurate, complete, or suitable for any particular purpose.

AI-generated content is provided as a productivity tool only. You remain solely responsible for reviewing, editing, and approving all AI-generated minutes before use in any official proceeding.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOVCLERK (PTY) LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITES OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SITES OR SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability, so some of the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless GovClerk (Pty) Ltd, its directors, officers, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including legal fees) arising from:

• Your use of the Site or Services.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights or privacy rights.
• Your User Content.
• Your violation of any applicable law.

13. Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Informal Resolution

Before initiating any formal legal proceedings, we encourage you to contact us first to seek an informal resolution. Please email us at cliff@govclerkminutes.com with a description of your dispute. We will endeavour to resolve the matter within 30 days.

Formal Dispute Resolution

If a dispute cannot be resolved informally within 30 days, the dispute shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

Consumer Rights

Nothing in these Terms limits any rights you may have under applicable South African consumer protection legislation, including the Consumer Protection Act 68 of 2008, to the extent that such legislation applies to you.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page with a revised "Last Revised" date, and by sending you an email notification where practicable.

Your continued use of the Site or Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services.

We encourage you to review these Terms periodically to stay informed of any updates.

15. Contact Us

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

GovClerk (Pty) Ltd
Email: cliff@govclerkminutes.com
Support: support@govclerkminutes.com
WhatsApp: +27 66 425 9236
Websites: https://govclerkminutes.com | https://govclerkpartners.org