These Terms of Use ("Terms") constitute a legally binding agreement between you and Akha Integrated Platform (Pty) Ltd ("Akha", "we", "us") governing your access to and use of the Akha platform, website, APIs, and all related services (collectively, the "Platform"). By registering or using the Platform in any way, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1Acceptance of Terms
By accessing or using the Platform you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you are using the Platform on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
These Terms are governed by South African law and any dispute will be subject to the jurisdiction of South African courts.
2Definitions
3Eligibility & Registration
To use the Platform you must:
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at security@akha.co.za if you suspect unauthorised access.
4Platform Access & Accounts
Akha grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes in accordance with these Terms.
We reserve the right to modify, suspend, or discontinue any part of the Platform at any time with reasonable notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.
Certain features require a paid subscription. Free-tier limitations are set out in the Platform's pricing documentation, which may be updated from time to time.
5User Roles & Obligations
All Users
- Provide accurate and truthful information at all times
- Keep account credentials confidential and secure
- Report security vulnerabilities to security@akha.co.za rather than exploiting them
- Not access or attempt to access another user's data without authorisation
Founders / SMEs
- Ensure all uploaded documents are authentic and legally obtained
- Declare all Beneficial Owners truthfully and completely
- Not misrepresent business information to obtain a higher Akha Score
- Understand that the Akha Score is an indicative readiness signal, not a guarantee of funding approval
Funders
- Use SME data accessed through the Platform solely for legitimate funding evaluation purposes
- Not aggregate or re-use SME data for purposes other than those disclosed at the time of access
- Comply with applicable FICA, NCA, and FSB regulations in all funding activities
- Not contact SMEs through channels outside the Platform until formal access has been granted
Consultants
- Obtain appropriate authorisation from client SMEs before accessing their data
- Maintain professional standards consistent with your registration or accreditation
- Not charge clients fees for Akha's built-in features without their informed consent
6Prohibited Conduct
You must not use the Platform to:
7Intellectual Property
The Platform, including its design, code, scoring algorithms, AI models, trademarks, and all associated intellectual property, is owned by Akha Integrated Platform (Pty) Ltd and is protected by applicable South African and international intellectual property law.
Nothing in these Terms grants you any ownership interest in Akha's intellectual property. The limited licence granted in Section 4 does not include the right to sublicence, sell, reproduce, or create derivative works from any part of the Platform.
8Your Data & Content
You retain ownership of all User Content you submit to the Platform. By submitting User Content, you grant Akha a limited, worldwide, royalty-free licence to store, process, and display your content solely to provide the Services to you and in accordance with these Terms and our Privacy Policy.
You represent and warrant that you have all rights necessary to grant these licences and that your User Content does not infringe any third party's rights or violate any applicable law.
Akha may use aggregated, anonymised, and de-identified data derived from Platform usage to improve its services, train scoring models, and produce market insights. No individual's personal information will be identifiable in such aggregated data.
9Fees & Payment
The initial assessment and Akha Score are provided free of charge. Premium platform features require a paid subscription or the expenditure of Akha Credits. All fees are quoted inclusive of applicable VAT unless otherwise stated.
Subscriptions are billed in advance on the applicable billing cycle. Akha Credits are non-refundable once consumed. Unused credits expire as set out in the applicable plan documentation.
Akha reserves the right to change pricing with 30 days' written notice to active subscribers. Continued use of the Platform after the notice period constitutes acceptance of the new pricing.
10Disclaimers
Akha is a deal origination platform. We facilitate readiness assessment and matchmaking between SMEs and funders. We do not execute funding transactions, make lending decisions, provide financial advice, hold client funds, or guarantee that any SME will be funded. The Akha Score is an indicative readiness signal and should not be relied upon as investment advice.
The Platform is provided "as is" and "as available". Akha makes no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
AI-generated content (roadmaps, recommendations, document summaries) is produced by automated systems and may contain errors. You should not rely solely on AI-generated content without independent verification.
11Limitation of Liability
To the maximum extent permitted by applicable law, Akha's aggregate liability to you for all claims arising out of or relating to your use of the Platform will not exceed the total fees paid by you to Akha in the 12 months preceding the claim.
Akha will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages. Some jurisdictions do not permit the exclusion or limitation of certain damages, so the above may not apply to you to its full extent.
12Indemnification
You agree to indemnify, defend, and hold harmless Akha and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform in violation of these Terms; (b) your User Content; (c) your violation of any applicable law; or (d) your violation of any third party's rights.
13Termination
You may close your account at any time by contacting us at hello@akha.co.za. Upon account closure, your access to the Platform will cease and your data will be handled in accordance with our Privacy Policy and applicable retention obligations.
Akha may suspend or terminate your account immediately and without notice if you breach these Terms, engage in fraudulent conduct, or act in a manner that poses a risk to other users or the Platform. Provisions of these Terms that by their nature should survive termination will do so, including intellectual property, disclaimer, limitation of liability, and indemnification clauses.
14Governing Law & Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of South Africa.
Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of 30 days. If unresolved, either party may refer the matter to mediation prior to litigation.
15Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated to registered users via email or in-platform notification at least 14 days before the changes take effect. The "last updated" date at the top of this page will always reflect the current version. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
16Contact
For questions about these Terms, please contact: