DRAFT — FOR PROFESSIONAL LEGAL REVIEW
Prepared for ORION269 (PTY) LTD / WhatsMyBiz.App
This document is a draft for review only. Subject to professional legal review and approval.
Operated by ORION269 (PTY) LTD | CIPC 2026/535275/07
Draft v2.0 for review — effective date to be confirmed on approval. Draft prepared for ORION269 (PTY) LTD. Subject to professional legal review and approval.
These Terms of Service govern the purchase and use of WhatsMyBiz.App and related services supplied by ORION269 (PTY) LTD. They are intended for business and other customers using WhatsMyBiz to configure, deploy, operate or support Intelligent Agent–based business communication, automation and related services.
WhatsMyBiz.App is a product and service operated by ORION269 (PTY) LTD, a South African private company registered under CIPC number 2026/535275/07. By purchasing, accessing or using a paid or trial service, the customer agrees to these Terms, together with any quotation, order, service schedule or written scope accepted by the customer. Where consumer-protection legislation applies and cannot lawfully be excluded, the mandatory rights it confers are not affected by these Terms.
WhatsMyBiz provides Intelligent Agent design, configuration, grounding, integration, deployment and related services. ORION269 configures and grounds an Intelligent Agent using business information, instructions, rules, knowledge and other material supplied or authorised by the Customer. The underlying artificial-intelligence models and related infrastructure may be supplied by independent third-party providers; ORION269 does not supply or own those models and does not perform model training or fine-tuning unless a written scope expressly provides otherwise.
Specific functionality depends on the package purchased, the Customer's configuration and the availability of required Third-Party Services. ORION269 does not guarantee that an Intelligent Agent's output will always be accurate, complete, current, appropriate or suitable for a particular decision. Customers remain responsible for business decisions and for appropriate human review of consequential communications.
Intelligent Agents are tools for business communication and automation. They do not replace the Customer's responsibility for its business, professional obligations, legal compliance, decisions or human accountability. Where a use case involves legal advice, medical decisions, financial advice, safety-critical decisions, employment decisions or highly sensitive personal information, the Customer must provide appropriate human oversight and/or additional contractual safeguards.
Nothing in this clause makes the Customer responsible for obligations that legally belong to ORION269, including ORION269's own processing, security and compliance duties.
The Customer must not use WhatsMyBiz to facilitate unlawful activity, fraud, harassment, spam, impersonation, infringement, malicious software, unauthorised surveillance, harmful deception, or activity that could reasonably expose ORION269 or a Third-Party Service to legal or security risk. The Acceptable Use Policy forms part of these Terms. ORION269 may suspend a service where necessary to protect people, systems, third parties or legal compliance.
WhatsMyBiz may depend on Third-Party Services including messaging platforms, AI model and inference providers, hosting and infrastructure providers, payment processors and APIs. ORION269 does not supply or own the underlying artificial-intelligence models used by Intelligent Agents; these may be provided by independent third parties and may change. Third-Party Services may change their pricing, policies, technical requirements, availability or functionality. ORION269 is not responsible for failures or restrictions caused solely by a Third-Party Service, although ORION269 will use reasonable efforts to restore or provide an alternative where commercially and technically practical.
Cancellation rights, notice periods and refunds depend on the service purchased, the applicable quotation and mandatory consumer law. Setup and custom work already performed may be non-refundable to the extent permitted by law. ORION269 may suspend or terminate services for material breach, non-payment, unlawful use, security risk or circumstances making continued provision commercially or technically impracticable.
ORION269 retains ownership of its software, systems, workflows, templates, methodologies, prompts, schemas, documentation, branding, designs, know-how and other pre-existing or independently developed intellectual property, including reusable technology. The Customer retains ownership of Customer Content. The Customer grants ORION269 the limited rights necessary to host, process, configure, transmit and otherwise use Customer Content to provide the Services.
Unless a written agreement states otherwise, delivery of a customised service does not transfer ORION269's underlying reusable technology, frameworks or know-how.
Each party must use reasonable measures to protect confidential information received from the other party and use it only for the purposes of the relationship. Confidential information may be disclosed only where necessary for the relationship, with authorised recipients, or where required or permitted by law. This obligation does not apply to information that is public, independently developed, lawfully received from another source or required to be disclosed by law.
Personal information is handled in accordance with the WhatsMyBiz Privacy Policy and, where ORION269 processes personal information for a Customer, the Business Data Processing Terms. The applicable role of each party depends on the actual processing activity. Where the Customer determines the purpose and means of processing, the Customer is the Responsible Party and ORION269 acts as an Operator; ORION269 may separately be a Responsible Party for its own processing, including accounts, billing, website operation, security, administration, its own communications and legal compliance.
ORION269 aims to provide reliable services but does not promise uninterrupted or error-free availability. Maintenance, security work, provider outages, network failures, software changes and events outside reasonable control may affect availability. Features may be updated, replaced or retired where reasonably necessary.
To the maximum extent permitted by South African law, the Services are supplied on an 'as available' basis and ORION269 excludes liability for indirect, incidental, special or consequential loss, loss of profits, loss of anticipated savings, loss of goodwill or loss arising solely from a Third-Party Service. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including applicable statutory consumer rights.
Where liability may lawfully be limited, ORION269's aggregate liability arising from a particular paid service will, unless a written agreement states otherwise, be limited to the fees actually paid by the Customer for that service during the three months immediately preceding the event giving rise to the claim. Nothing in this clause limits liability for (a) death or personal injury caused by negligence; (b) fraud or wilful misconduct; or (c) any liability that cannot lawfully be limited or excluded under applicable law, including the Consumer Protection Act 68 of 2008.
To the extent permitted by law, the Customer agrees to indemnify ORION269 against third-party claims arising from the Customer's unlawful use of the Services, Customer Content supplied without the necessary rights, infringement caused by Customer Content, or material breach of these Terms. This does not apply to the extent the claim was caused by ORION269's own unlawful conduct or wilful misconduct.
These Terms are governed by the laws of the Republic of South Africa. The parties will first attempt in good faith to resolve disputes through written escalation. Nothing prevents a party from seeking urgent relief or exercising rights that cannot lawfully be contracted out of.
Where permitted by applicable law, including the Electronic Communications and Transactions Act 25 of 2002, electronic acceptance, click-through acceptance, email acceptance, electronic signatures and electronic records may be used to conclude agreements. The use of an electronic record or communication does not by itself mean that a legally binding signature has been provided in every case; the legal effect of any electronic acceptance depends on the applicable law and the circumstances. This clause does not claim that every electronic click is automatically equivalent to every legally required signature.
ORION269 may update these Terms from time to time. Material changes will be communicated in advance through the website, email or another reasonable channel. Where a change is material and adverse, the Customer may terminate the affected service without penalty within the notice period; continued use after reasonable notice constitutes acceptance of the change. The version applicable to a particular purchase or service period will be determined in accordance with the notice given and applicable law.
ORION269 (PTY) LTD CIPC: 2026/535275/07 Information Officer: Graham Schubach (registered with the Information Regulator: 2026-061428) Founder & Owner: Graham Schubach Physical address: 26 Vasco da Gama Drive, Amanzimtoti, Durban, Kwa-Zulu Natal, 4001 Email: hello@whatsmybiz.app Company email: info@oriondevcore.com WhatsApp: +27 72 497 1810
ORION269 (PTY) LTD · CIPC 2026/535275/07 · docs.oriondevcore.com Draft prepared for ORION269 (PTY) LTD. Subject to professional legal review and approval.