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P3ak – Terms & Conditions
Last Updated: 11 July 2025

Definitions
Acceptance of Terms
Eligibility & Account Registration
Service Description
Credit‑Based Commerce Model
Intellectual Property & Licence
User Content & Conduct
Prohibited Uses
Confidentiality
Third‑Party Services
Payment, Taxes & Refunds
Disclaimers & No Professional Advice
Service Availability & Modifications
Limitation of Liability
Indemnification
Suspension & Termination
Data Protection & Privacy
Governing Law & Dispute Resolution
Notice & Contact Details
Miscellaneous
Self‑Audit & Legal Review Notes

1. Definitions

“P3ak,” “we,” “our,” or “us” means P3ak (Pty) Ltd., the entity legally responsible for operating mybusinessdraft.com and its related services.
“Platform” means the web application hosted at mybusinessdraft.com, including all associated sub‑domains, APIs, downloadable documents, and any other services provided by P3ak.
“User,” “you,” or “your” means any individual or legal entity accessing or using the Platform, whether anonymously or through a registered account.
“Credits” means the prepaid, non‑transferable digital tokens that entitle a User to generate one (1) business plan per Credit.
“Business Plan” means any content (including text, charts, data visualisations, and files) generated through the Platform’s AI‑powered processes based on User inputs.
“Free Tier” means the no‑cost service offering that permits one (1) Business Plan generation attempt for an anonymous User.
“Premium Tier” means the paid service offering that unlocks advanced Business Plan features in exchange for Credits.
“Terms” means these Terms & Conditions and any policies referenced or incorporated herein, including our Privacy Policy and Refund & Cancellation Policy.
“Third‑Party Service” means any service, software, or infrastructure not owned or controlled by P3ak (e.g., Paddle, Supabase, UploadThing, Vercel, FastAPI providers).
“Applicable Law” means all laws and regulations that apply to P3ak or the User, including but not limited to the laws of the Republic of South Africa, the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and South Africa’s Protection of Personal Information Act (POPIA).

2. Acceptance of Terms

2.1 Binding Agreement. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must not access or use the Platform.
2.2 Electronic Acceptance. P3ak implements an electronic click‑wrap mechanism requiring Users to affirmatively accept these Terms during account registration or before completing any paid transaction. Continued use of the Platform after any update to the Terms constitutes acceptance of the revised Terms.
2.3 Representative Authority. If you use the Platform on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

3. Eligibility & Account Registration

3.1 Minimum Age. You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is higher. Users aged 13–17 may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3.2 Account Creation. Registration requires a valid email address, password, and, where applicable, successful OAuth authentication via Google. Anonymous Users are tracked by a unique anonymous_id cookie; anonymous usage remains subject to these Terms.
3.3 Verification & Accuracy. You agree to provide accurate, current, and complete information and to promptly update such information to maintain its accuracy.
3.4 Account Security. You are responsible for safeguarding your login credentials and for all activities under your account. P3ak is not liable for any loss or damage arising from unauthorised use of your account.

4. Service Description

4.1 Core Functionality. The Platform leverages artificial‑intelligence models to convert User business ideas and questionnaire responses into structured Business Plans, divided into nine (9) distinct sections with real‑time progress tracking.
4.2 Plan Management. Generated plans are stored indefinitely, support versioning, and may be edited or regenerated by the User. Registered Users can link anonymous plans to their account.
4.3 Export Features. Users may export Business Plans in PDF or DOCX format. Exported files are stored via UploadThing with a 32 MB limit and time‑limited download URLs.
4.4 Beta & Evolving Features. Some Platform features may be labelled “beta,” “preview,” or similar. Such features are provided “as‑is,” may be modified or discontinued at any time, and their performance or availability is not guaranteed.

5. Credit‑Based Commerce Model

5.1 Credit Purchase. Credits are sold on a one‑time, pay‑as‑you‑go basis through Paddle. Each Credit permits one (1) Business Plan generation. Credits do not expire but are non‑refundable except as expressly set out in our Refund & Cancellation Policy.
5.2 Pricing & Taxes. All prices are quoted in the currency indicated at checkout and are exclusive of applicable taxes. You are responsible for any taxes associated with your purchase unless we are required to collect them.
5.3 Balance & Usage. Your current Credit balance and historical usage are displayed in your dashboard. You authorise P3ak to deduct the appropriate number of Credits when you initiate a Business Plan generation.
5.4 Fraud & Chargebacks. P3ak may suspend or terminate accounts involved in suspected fraudulent transactions or chargeback abuse.

6. Intellectual Property & Licence

6.1 Platform IP. The Platform, including all software code, design elements, and trademarks, is the exclusive property of P3ak or its licensors. Except for the limited licence granted in Section 6.2, no rights are transferred to you.
6.2 Licence to Users. Subject to your compliance with these Terms, P3ak grants you a limited, revocable, non‑exclusive, non‑transferable licence to access and use the Platform for your internal business or personal purposes.
6.3 User Ownership of Generated Content. Upon complete payment of applicable Credits, and except for Platform IP embodied therein, P3ak assigns to you all right, title, and interest in and to the Business Plan content generated specifically for you. P3ak retains a perpetual, worldwide, royalty‑free licence to store, display, and use the Business Plan solely for (i) providing the services; (ii) troubleshooting, analytics, and improving the Platform; and (iii) complying with legal obligations.
6.4 Feedback. You grant P3ak an irrevocable, royalty‑free, worldwide licence to use, reproduce, and incorporate into the Platform any feedback, suggestions, or ideas you provide, without any obligation to you.

7. User Content & Conduct

7.1 Responsibility. You are solely responsible for all content you submit to or create on the Platform, including ensuring that it is accurate, lawful, and does not infringe any third‑party rights.
7.2 Content Standards. You agree not to submit content that is unlawful, defamatory, obscene, harassing, hateful, or otherwise objectionable, or that violates any Applicable Law.
7.3 Back‑ups. While P3ak endeavours to maintain backups, you are responsible for maintaining independent copies of your Business Plans and data.

8. Prohibited Uses

You agree not to:
(a) Reverse engineer, decompile, or attempt to derive the source code of the Platform;
(b) Access the Platform in order to build a competing product or service;
(c) Circumvent or interfere with security‑related features, rate limits, or payment mechanisms;
(d) Use any automated system (e.g., bots, scrapers) without prior written consent;
(e) Upload viruses, malware, or other malicious code;
(f) Misrepresent your identity or affiliation; or
(g) Violate any Applicable Law or the rights of others.

9. Confidentiality

9.1 Definition. “Confidential Information” means any non‑public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential, including business plans, technical data, and trade secrets.
9.2 Obligations. Each party will protect the other’s Confidential Information with the same degree of care it uses for its own information (no less than reasonable care) and will not use or disclose it except as permitted by these Terms.

10. Third‑Party Services

10.1 Integration. The Platform integrates with Third‑Party Services such as Paddle (payments), Supabase (authentication/database), UploadThing (file storage), FastAPI AI providers, and Vercel (analytics). Your use of Third‑Party Services is subject to their separate terms, and P3ak is not responsible for their performance.
10.2 APIs & Data Sharing. You authorise P3ak to share your data with Third‑Party Services to the extent necessary to provide the Platform and comply with Applicable Law.

11. Payment, Taxes & Refunds

11.1 Payment Processor. All payments are processed by Paddle pursuant to Paddle’s terms and conditions. P3ak does not directly store full payment card details.
11.2 Refunds. Refund eligibility, procedures, and exclusions are set out in our standalone Refund & Cancellation Policy, which forms part of these Terms.
11.3 Chargebacks & Disputes. You agree to contact P3ak first to resolve any payment issue before initiating a chargeback. Unresolved, fraudulent, or abusive chargebacks may result in account suspension.

12. Disclaimers & No Professional Advice

12.1 AI‑Generated Content. Business Plans are generated by AI models and may contain inaccuracies or omissions. They are provided for informational purposes only and do not constitute legal, financial, or professional advice. You should consult qualified professionals before relying on any generated content. 12.2 No Warranty. The Platform is provided on an “as‑is” and “as‑available” basis without warranties of any kind, express or implied, including fitness for a particular purpose or non‑infringement.
12.3 User Responsibility. You assume all risk for any decisions made based on Business Plans or other content generated via the Platform.

13. Service Availability & Modifications

13.1 Availability. P3ak aims for continuous availability but does not guarantee the Platform will be uninterrupted, secure, or error‑free. The Platform relies on Third‑Party Services that may experience outages beyond P3ak’s control.
13.2 Rate Limiting & Abuse Prevention. P3ak reserves the right to implement or adjust technical limitations (e.g., API rate limits, request throttling) to maintain service integrity.
13.3 Changes. P3ak may modify, suspend, or discontinue any part of the Platform at any time. Where practicable, we will provide reasonable prior notice.

14. Limitation of Liability

14.1 Indirect Damages Excluded. To the fullest extent permitted by Applicable Law, P3ak will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, goodwill, or business opportunities.
14.2 Cap on Liability. P3ak’s aggregate liability arising from or relating to the Platform will not exceed the greater of (i) the total amounts you paid to P3ak in the twelve (12) months preceding the event giving rise to liability, or (ii) ZAR 5,000.
14.3 Essential Purpose. The limitations in this Section 14 are fundamental elements of the bargain and apply even if a remedy fails of its essential purpose.

15. Indemnification

You agree to defend, indemnify, and hold harmless P3ak and its directors, officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or relating to (a) your use of the Platform; (b) your User content; (c) your breach of these Terms; or (d) your violation of any Applicable Law or third‑party rights.

16. Suspension & Termination

16.1 Suspension. P3ak may suspend your access immediately if (i) you breach these Terms; (ii) your account is involved in suspected fraud or abuse; or (iii) suspension is necessary to protect the Platform or other Users.
16.2 Termination by User. You may terminate your account at any time via the dashboard. Termination does not entitle you to any refund of unused Credits except as provided in the Refund & Cancellation Policy.
16.3 Effect of Termination. Upon termination, your right to use the Platform ceases, but Sections 6, 9, 12–15, 18, and 20 will survive.

17. Data Protection & Privacy

17.1 Privacy Policy. Our Privacy Policy describes how we collect, process, store, and protect your personal data. It forms part of these Terms.
17.2 Data Subject Rights. Depending on your jurisdiction, you may have rights to access, correct, delete, or export your personal data. Requests may be submitted via our dedicated data request portal or by emailing support@mybusinessdraft.com.
17.3 Data Transfers. Your data may be transferred to and processed in countries other than your country of residence, including the United States and European Union member states. P3ak uses appropriate safeguards such as Standard Contractual Clauses where required.
17.4 Security Measures. P3ak employs encryption in transit, role‑based access controls, and regular security audits; however, no system is completely secure, and we cannot guarantee absolute security.

18. Governing Law & Dispute Resolution

18.1 Governing Law. These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict‑of‑law rules.
18.2 Informal Resolution. Before filing any formal legal action, you agree to attempt to resolve the dispute informally by contacting support@mybusinessdraft.com and allowing thirty (30) days for a response.
18.3 Jurisdiction. Subject to Section 18.2, all disputes shall be submitted to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg.
18.4 Class Action Waiver. You may only resolve disputes with P3ak on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.

19. Notice & Contact Details

19.1 Notices to P3ak. Legal notices must be sent to:

P3ak (Pty) Ltd.
Attn: Legal Department
123 Innovation Drive, Johannesburg, 2196, South Africa (Address needed) Email: support@mybusinessdraft.com
19.2 Notices to Users. P3ak may deliver notices via email, dashboard notifications, or by posting on the Platform.

20. Miscellaneous

20.1 Entire Agreement. These Terms, together with the Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and P3ak regarding the Platform.
20.2 Severability. If any provision is held invalid, the remaining provisions will remain in full force.
20.3 Force Majeure. P3ak is not liable for any failure to perform due to causes beyond its reasonable control.
20.4 Assignment. You may not assign or transfer your rights under these Terms without P3ak’s prior written consent. P3ak may freely assign its rights and obligations.
20.5 No Waiver. A failure to enforce any provision is not a waiver of future enforcement.

21. Self‑Audit & Legal Review Notes

Assumptions Made

P3ak is incorporated in South Africa and prefers South African jurisdiction.
Credits do not expire under current business logic.
No subscription billing model; only one‑time credit purchases via Paddle.
Platform uses external AI providers and does not guarantee content accuracy.

Missing Information Requiring Clarification

Confirm corporate registration details and physical address.
Confirm governing law preference if not South Africa.
Determine whether Credits should expire after inactivity (local consumer regulation may require disclosure).
Finalise rate‑limiting implementation details for inclusion in user‑facing policy.

Areas for Legal Counsel Review

Compliance with specific consumer‑protection regulations in all markets where P3ak sells Credits (e.g., EU consumer‑rights directives, U.S. state laws).
Verification of limitation‑of‑liability cap against mandatory statutory limits.
Cross‑border data transfer mechanisms (e.g., GDPR Standard Contractual Clauses).
Adequacy of disclaimers regarding AI‑generated content and professional advice.
Applicability of COPPA or other minor‑protection laws if minors can access the Platform.

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