Terms and Conditions

1. Agreement and acceptance

• Binding agreement. You agree to be bound by these Terms by ticking the acceptance box when you create your account or when we ask you to accept them. You may not use the Service unless you have accepted the current version.
• Record of acceptance. We record each acceptance, including the version accepted, the date and time, and the network address and browser from which the acceptance was submitted. That record is evidence of your agreement to the version identified in it.
• Authority. You confirm that you are at least 18 years old and have legal capacity to enter into this agreement. If you accept these Terms on behalf of a firm, company or other organisation, you confirm that you are authorised to bind that organisation, and “you” in these Terms means that organisation and each of its authorised users.
• Organisation accounts. Where your access is provided under an organisation’s subscription, the administrator of that organisation controls your seat and may add, suspend or remove users, and may access account-level information relating to that organisation’s use of the Service.

2. What the Service is, and what it is not

• The Service. Lexi AI is an artificial-intelligence platform for legal research, document analysis and document drafting support. It retrieves material, summarises it, and generates draft text in response to your instructions.
• Not a law firm. We are not a law firm, we are not admitted to practise law in any jurisdiction, and we do not provide legal advice, legal opinions or legal representation. Nothing produced by the Service is legal advice.
• No attorney-client relationship. Use of the Service does not create an attorney-client relationship between you and us, and does not give rise to legal professional privilege as between you and us.
• A tool, not a substitute. The Service is designed to assist a qualified legal professional. It is not a substitute for professional legal advice, professional judgement, or the independent verification of any source or conclusion.

3. AI output, accuracy and your professional judgement

This section is important. Please read it in full.

• Machine-generated output. Output is generated by statistical models. It may be incomplete, out of date, internally inconsistent, or simply wrong. It may summarise a source inaccurately. It may cite authority that does not exist, does not say what the output claims it says, or has been overturned, amended or repealed.
• No warranty of accuracy. We do not warrant that any output is accurate, current, complete, or fit for any purpose. We do not warrant that any legislation, case law or other material available through the Service is the current or authoritative version.
• You must verify. You must independently verify every output, and every source cited in an output, against the primary source, before relying on it, filing it, sending it to a client or third party, or acting on it in any way.
• You remain responsible. You remain the legal professional of record. You remain solely responsible for the advice you give, the documents you produce, the submissions you file, and your compliance with the rules of your profession, your regulator, and any court or tribunal, including any rules governing the use of artificial intelligence in the preparation of court documents.
• Unreviewed output. We are not liable for any loss, claim, sanction, adverse costs order, professional-conduct finding, or damage arising from any decision you make, or any document you produce or file, on the basis of output that you did not independently verify.

4. Your content, client data and privilege

• Ownership. You retain all rights in the documents, files, instructions and other material you submit to the Service (“Your Content”). We claim no ownership of it.
• Licence to operate the Service. You give us permission, free of charge and not exclusively, to do the following with Your Content, and only so far as needed to provide, secure, maintain and support the Service for you: store it; make the copies the Service needs, including backups; send it to the providers described in our Privacy Policy; analyse it to answer your queries; and show it back to you in the Service. This permission ends when Your Content is deleted, except for backup copies until they expire in the ordinary course.
• Your warranties. You warrant that you have all rights, authority, consents and lawful bases necessary to submit Your Content to the Service and to have it processed as described in these Terms and our Privacy Policy, including where Your Content contains personal information, confidential information, or material belonging to or concerning your clients.
• Privilege and confidentiality. You are solely responsible for deciding whether to submit privileged or confidential client material to the Service, and for obtaining any client consent required by your professional or regulatory obligations before doing so. We do not assess whether any material you submit is privileged, and submitting material to the Service may affect the confidentiality of that material.
• Where your data is kept and processed. We keep a copy of Your Content and your account data within Botswana, under our own control, subject to the same confidentiality, security and deletion commitments as the rest of your data. The servers and database that run the Service are hosted in the European Union, in Germany and France, where data protection is governed by the EU General Data Protection Regulation. To answer your queries, the Service also sends the relevant parts of Your Content to AI model and other providers that process it in other countries outside Botswana. Those countries may not have been recognised under the Data Protection Act, 2024 as giving adequate protection, and the protection your data receives there may be different from the protection it receives in Botswana: for example, you may find it harder to enforce your rights against the provider, and authorities in those countries may be able to require access to it. Having been told of those risks, by accepting these Terms you explicitly consent to Your Content, and any personal data contained in it, being transferred and processed outside Botswana for that purpose, as described in our Privacy Policy. Where Your Content contains personal data about your clients or other people, you confirm that you have obtained their consent, or have another lawful basis under the Data Protection Act, 2024, for that transfer.
• Who is responsible for client data. For personal data in Your Content, you (or your firm) are the data controller: you decide what to upload and why. We are your data processor. For your own account and billing information, we are the data controller.
• Our obligations as your processor. When we process personal data in Your Content for you, we will: process it only on your documented instructions, which are these Terms and the instructions you give through the Service; process it only to provide the Service, for as long as your account exists and within the retention periods in section 11; ensure that everyone we authorise to process it is bound by confidentiality; apply appropriate technical and organisational security measures; engage other processors only on terms that protect the data at least as well as these, and remain responsible to you for them; help you respond to requests from data subjects exercising their rights and meet your own obligations under the Data Protection Act, 2024; at your choice, return or delete the data when the Service ends; and make available to you the information you reasonably need to show that these obligations are met.
• Our confidentiality undertaking. We will treat Your Content as confidential, will not disclose it except as permitted by these Terms or our Privacy Policy or as required by law, and will apply reasonable technical and organisational security measures to protect it. We will notify you without undue delay if we become aware of a security breach affecting Your Content.
• Scope of processing. The licence in this section is limited to operating the Service for you. It does not grant us any right to use Your Content for any other purpose. How Your Content is processed, and the third-party providers involved in processing it, are described in our Privacy Policy.
• Aggregated data. We may generate and use aggregated, de-identified statistical data about use of the Service, provided it does not identify you, your clients, or the content of any document.

5. Accounts and security

• Accurate information. You must provide accurate and complete information when creating your account and keep it up to date.
• Named users. Each seat is for a single named individual. You may not share, sell, sublicense or transfer your account or your credentials to anyone else.
• Credential security. You are responsible for keeping your credentials confidential and for all activity under your account. You must notify us without undue delay at support@lexi.co.bw if you know or suspect that your account has been compromised.

6. Acceptable use

You may use the Service only for lawful purposes. You may not:

• use the Service in breach of any applicable law, regulation, court order, or rule of professional conduct;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, prompts or underlying structure of the Service;
• use automated means to access, scrape, index or extract content from the Service, or attempt to circumvent any rate limit, quota or access control;
• use the Service, or its output, to build, train or improve a competing product or service, or for any purpose intended to disadvantage us commercially;
• resell, sublicense or make the Service available to any third party except as expressly permitted under your subscription;
• upload malware or any code intended to disrupt, damage or gain unauthorised access to any system or data;
• probe, scan or test the vulnerability of the Service, or breach or attempt to breach its security or authentication measures, without our prior written consent;
• submit material you have no right to submit, or use the Service to infringe the intellectual property, privacy or other rights of any person;
• use the Service to facilitate money laundering, terrorist financing, fraud, or any other financial crime; or
• interfere with or place an unreasonable load on the operation of the Service or on other users’ use of it.

7. Fees, subscriptions and payment

• Fees. Access to paid features requires a subscription. Fees are billed in advance on the recurring cycle and at the seat count set out in your plan, and are exclusive of any applicable value-added tax, withholding tax or other duty, which you are responsible for.
• Automatic renewal. Subscriptions renew automatically for successive periods at the then-current price unless cancelled before the end of the current period. You authorise us and our payment processor to charge your payment method on each renewal.
• Price changes. We may change our prices. Changes take effect from your next renewal, and we will give you reasonable notice before they do. If you do not accept a price change, your remedy is to cancel before that renewal.
• Refunds. Fees are non-refundable, including for partial periods, unused capacity, or seats deactivated mid-period, except as set out in sections 10, 11 and 16 or where a refund is required by law.
• Failed payment. If a payment fails, we may retry it and your subscription will be marked past due. If payment is not received within the grace period we tell you about, your access to paid features ends until payment is made. Section 11 explains what then happens to your account and Your Content.
• Free trials. Any free trial is offered at our discretion, for the period we state, and may be modified, shortened or withdrawn at any time. Unless you cancel before the trial ends, the subscription continues as a paid subscription.
• Payment processing. Payments are processed by a third-party payment processor. We do not store your full card details.

8. Intellectual property

• What belongs to us. The Company owns the Service as we have built it: the software, interfaces and documentation we have written, the Lexi AI name and branding, the way our library of legislation and case law is compiled, organised and indexed, and all improvements to any of these.
• What belongs to our licensors and other third parties. Some parts of the Service belong to our licensors and other third parties, and remain theirs. These include the AI models, software components and other technology supplied by our providers, any documentation that comes with them, and the legislation, judgments and other source material in our library, which remain subject to any rights their authors or publishers hold in them.
• Your right to use the Service. Nothing in these Terms transfers ownership of any of the above to you. Your subscription gives you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms, and nothing more.
• Output is your property. Subject to your compliance with these Terms, the output generated in response to your inputs belongs to you, and we transfer to you any rights we have in it. You may use it as you choose, including in documents you produce for your clients. Output is treated as Your Content under section 4, so the same confidentiality and processing terms apply to it.
• What that does not include. Owning output does not give you any rights in the Service itself, or in material belonging to others that output quotes or reproduces, such as legislation, judgments or published works. Output is not unique to you: similar inputs from other users may produce similar output, and we make no representation that any output is original, protectable, or free of third-party rights.
• Feedback. If you send us feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate them without restriction or obligation to you.

9. Third-party services

The Service depends on third-party providers, including cloud hosting, model providers, search and payment processors, and may link to or integrate with third-party services. We are not responsible for the availability, accuracy, security or acts and omissions of any third-party service, and your use of a third-party service may be governed by that provider’s own terms.

10. Availability and changes to the Service

• No uptime guarantee. We do not warrant that the Service will be uninterrupted, error-free or available at any particular time. Access may be suspended for maintenance, upgrades, security, or reasons outside our control. No service-level commitment applies unless we have agreed one with you in a signed written agreement.
• Changes. We may add, change or improve features of the Service. Where a change materially reduces the core functionality of a paid plan, we will give you reasonable notice before it takes effect, and you may cancel and receive a refund of the fees you paid for each whole month of your current period still to run.

11. Suspension and termination

• By you. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current paid period.
• By us, with notice. We may suspend or terminate your access after giving you written notice by email in these cases:
  • if payment is not received, following the notices and periods set out in section 7 and below under “If payment stops”;
  • if you breach these Terms and the breach can be put right, and you have not put it right within 14 days of our notice describing it; or
  • if we decide to stop providing the Service altogether, in which case we will give you at least 30 days’ notice and refund the fees you paid for each whole month of your current period still to run.
• By us, without notice. We may suspend your access immediately, without notice first, only where waiting would cause harm:
  • where your account appears to have been compromised, or your use threatens the security or integrity of the Service or of other users’ data;
  • where you use the Service for an unlawful purpose, or in serious breach of section 6 (acceptable use); or
  • where a law, court order or regulator requires us to act immediately.
  In each of these cases we will tell you by email, as soon as we reasonably can afterwards, what we have done and why, unless the law prevents us. Where the cause is resolved, we will restore your access. We will terminate an account without notice only for a serious breach that cannot be put right.
• If payment stops. If your subscription lapses, we keep your account and Your Content so that you can resume. We will give you notice, suspend the account (so that it can no longer be signed in to) 90 days after payment stopped, and delete Your Content 120 days after payment stopped, with a further notice before deletion. Until it is deleted you may ask us at support@lexi.co.bw for a copy of Your Content, and we will provide it.
• Effect of termination. On termination your right to use the Service ends. You may export Your Content, or ask us for a copy of it, for 30 days after termination, after which we will delete it in accordance with our Privacy Policy, except for records we are required by law to keep. We do not keep Your Content for longer than we need it. Accrued fees remain payable.
• Survival. Sections 3, 4, 8, 12, 13, 14 and 17 survive termination, together with any other provision that by its nature should survive.

12. Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties, conditions and representations of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. No advice or information obtained from us or through the Service creates any warranty not expressly stated in these Terms.

13. Limitation of liability

To the fullest extent permitted by law:

• Excluded losses. We will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, anticipated savings, goodwill, reputation, opportunity, or data, however caused and on any theory of liability, even if we have been advised of the possibility of such loss.
• Cap on liability. Our total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, delict (including negligence), statute or otherwise, will not exceed the total fees actually paid by you to us for the Service in the three (3) months immediately preceding the event giving rise to the claim.
• Free access. Where you use the Service on a free trial or otherwise without charge, our total aggregate liability to you is limited to BWP 1,000.
• What we are not liable for. Without limiting the above, we are not liable for any loss arising from your reliance on unverified output, your professional advice or filings, your failure to meet a deadline, any determination by a court, tribunal or regulator, any act or omission of a third-party provider, or any loss of or damage to data that you have not independently backed up.
• What is not excluded. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
• Allocation of risk. You acknowledge that the fees for the Service reflect this allocation of risk, and that we would not provide the Service on these terms without it.

14. Indemnity

You agree to indemnify the Company against any claim brought against it by a third party, and any resulting loss, liability, penalty or reasonable legal costs, to the extent that the claim arises from:

• unlawful content that you submit to the Service, including content that infringes a third party’s intellectual property or privacy rights;
• personal or confidential information that you submit to the Service unlawfully, or without a consent or other authority that you were required to have; or
• your use of the Service for an unlawful purpose.

This indemnity does not apply to the extent that the loss was caused by our own breach of these Terms, our negligence, or our wilful misconduct. We will tell you promptly of any claim to which it applies and give you a reasonable opportunity to take part in its defence.

15. Force majeure

We are not liable for any failure or delay in performing our obligations caused by an event beyond our reasonable control, including power or network failure, failure of a third-party provider, act of government, civil unrest, epidemic, or natural disaster.

16. Changes to these Terms

We may amend these Terms. When we do, we will publish the amended version with a new version identifier and update the date at the top of this page. Where the change is material, we will give you notice in the Service or by email and, before you continue using the Service, we will ask you to accept the amended Terms. If you do not accept them, your remedy is to stop using the Service and cancel your subscription. We will not treat your silence, or your continued use without accepting, as agreement to a material change.

If you paid in advance and do not accept. If you paid in advance for a period that has not ended when an amended version of these Terms takes effect, and you do not accept that version, you may cancel within 30 days of its taking effect. We will then refund the fees you paid for each whole month of that period still to run. Until you accept or cancel, the version you last accepted continues to apply to you.

17. Governing law and disputes

• Governing law. These Terms and any dispute arising out of or in connection with them are governed by the laws of the Republic of Botswana, without regard to its conflict-of-laws rules.
• Good-faith resolution. Before commencing proceedings, the parties will attempt in good faith to resolve the dispute by negotiation between senior representatives for a period of 30 days from written notice of the dispute.
• Jurisdiction. If the dispute is not resolved, it will be submitted to the exclusive jurisdiction of the courts of the Republic of Botswana, and you consent to the jurisdiction of those courts.

18. General

• Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement signed by both parties, constitute the entire agreement between you and us regarding the Service and supersede all prior discussions and understandings.
• Severability. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of all or substantially all of our assets.
• No third-party rights. These Terms do not confer any right or benefit on any person who is not a party to them.
• Notices. We may give notice by email to the address on your account, or by posting in the Service. Notices to us must be sent by email to support@lexi.co.bw.

19. Contact

Afronative Solutions (PTY) LTD
Email: support@lexi.co.bw