Terms of Use

Acceptance of Terms

By accessing or using the Akha platform (“Platform”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, you must not use the Platform.

These Terms constitute a legally binding agreement between you and Akha Digital (Pty) Ltd (“Akha”, “we”, “us”), a company registered in the Republic of South Africa.

Definitions

• Platform: The Akha web application, API, and associated services at akhadigital.co.za.
• Akha Score: A numerical score (0–500) measuring funding readiness across six weighted dimensions.
• Compliance Vault / VDR: The encrypted virtual data room where users store and share verified documents.
• Founder: An SME owner or representative using the Platform to assess readiness and seek funding.
• Funder: A financial institution, investor, or grant provider using the Platform to discover deal flow.
• Consultant: An advisor using the Platform to manage SME client portfolios and guide remediation.
• Content: All text, data, documents, scores, and materials created or uploaded through the Platform.

Eligibility

You must meet the following requirements to use the Platform:

• Be at least 18 years of age
• Be authorised to act on behalf of the entity you register
• Provide accurate, current, and complete registration information
• Not be subject to any sanctions or prohibited person lists
• Comply with all applicable South African laws and regulations

Platform Access

We grant you a limited, non-exclusive, non-transferable licence to access and use the Platform in accordance with these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time with reasonable notice.

User Roles & Responsibilities

All Users

Maintain accurate profile information, use the Platform lawfully, and respect the rights and privacy of other users.

Founders

Provide truthful assessment responses. Uploaded documents must be genuine and current. You control all data sharing via the Compliance Vault permissions system.

Funders

Use information accessed through the Platform solely for evaluating funding opportunities. Respect the confidentiality of SME data disclosed to you.

Consultants

Obtain proper authorisation from SME clients before accessing their data. Act in your clients' best interests when providing advice through the Platform.

Prohibited Conduct

You may not:

• Submit false, misleading, or fraudulent information or documents
• Access another user's account or data without authorisation
• Reverse-engineer, decompile, or attempt to extract source code
• Use automated tools to scrape, crawl, or harvest platform data
• Circumvent security measures, access controls, or rate limits
• Use the Platform to facilitate money laundering or terrorist financing
• Resell, sublicence, or commercially exploit platform features without consent
• Interfere with the Platform's operation or other users' experience
• Upload malware, viruses, or other harmful code
• Violate any applicable law, regulation, or third-party rights

Intellectual Property

The Platform, including its design, algorithms, scoring methodology, brand assets, and software, is the intellectual property of Akha Digital (Pty) Ltd. All rights are reserved.

You retain ownership of content you upload. By uploading content, you grant Akha a limited licence to process, store, and display it as necessary to provide the Platform services.

Your Data & Content

You own your data. Akha processes it solely to deliver the services described in these Terms and our Privacy Policy. We do not sell your data to third parties.

You may export or delete your data at any time through the Platform settings, subject to legal retention obligations described in our POPIA Notice.

Fees & Payment

The initial assessment and Akha Score are provided free of charge. Premium features are available on paid subscription plans. Fees are displayed before purchase and are billed in South African Rand (ZAR).

Payments are processed through our third-party payment provider. All fees are non-refundable except where required by applicable consumer protection law.

Disclaimers

The Platform is provided “as is” and “as available.” We do not guarantee that the Platform will be uninterrupted, error-free, or secure at all times.

Akha is not a financial institution, lender, or registered financial services provider. The Akha Score and matching engine are informational tools. They do not constitute financial advice, investment recommendations, or guarantees of funding.

Limitation of Liability

To the maximum extent permitted by South African law, Akha shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.

Our total aggregate liability for any claims relating to the Platform shall not exceed the fees paid by you in the 12 months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Akha Digital (Pty) Ltd, its directors, employees, and agents from any claims, damages, or expenses arising from your breach of these Terms or misuse of the Platform.

Termination

You may close your account at any time through the Platform settings. We may suspend or terminate your access if you violate these Terms or if required by law.

Upon termination, your right to use the Platform ceases immediately. Data retention follows the periods described in our Privacy Policy.

Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of the Western Cape High Court, Cape Town.

Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email and an in-platform notification at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

Contact

For questions about these Terms, contact:

Akha Digital (Pty) Ltd
Email: legal@akhadigital.co.za
Cape Town, South Africa