Terms of Service

Draft — to be reviewed by a qualified legal practitioner before publication.

Version 1.0 · Effective 25 September 2026

These Terms of Service (Terms) are an agreement between Water en Skaafsels, trading as SiteMinutes, a business registered in Namibia under [Namibian registration number], of 16 Plover Street, Swakopmund, Erongo, 13001, Namibia ("SiteMinutes", "we", "us") and the customer who uses SiteMinutes ("you", the Customer).

By creating an account, or by using the Service, you agree to these Terms. If you accept them on behalf of a company, you confirm that you are authorised to bind that company, and "you" means the company.

Important — AI-generated transcripts and minutes. Transcripts and minutes produced by SiteMinutes are machine-generated drafts that may contain errors. A person must read, correct and approve them before they are finished, relied on or sent. You are the author and publisher of the minutes you issue, and SiteMinutes is not liable for loss caused by relying on or distributing them. See section 2.

These Terms incorporate the following documents, which form part of the agreement:

• Subscription, Billing & Refund Policy
• Acceptable Use Policy
• AI & Recording Policy
• Data Processing Addendum
• Data Retention & Deletion Policy

Our Privacy Policy explains how we handle personal information.

1. The Service

SiteMinutes records meetings, transcribes them and drafts meeting minutes with artificial intelligence, and keeps project records such as agendas, attendance, actions, contract instructions, plans and snags. It is available as apps for iPhone, iPad and Mac, a web app at siteminutes.app and a website at siteminutes.com (together, the Service).

We may improve, change or withdraw features from time to time. We will not remove a core feature you pay for (recording, AI minutes, storage of your records, export) during a paid period without giving you at least 30 days' notice and, if you then cancel, a pro-rata refund of the unused period.

2. AI-generated content: transcripts and minutes are drafts

2.1 What the AI produces. The Service uses artificial intelligence provided by third parties to turn recordings into transcripts, to draft minutes, and to change minutes when you ask it to (together, AI Output).

2.2 AI Output may be wrong. AI Output is generated automatically and may contain errors, omissions and mistranslations, including wrong or misspelled names, wrong numbers, amounts and dates, statements attributed to the wrong person, points left out, and statements that were never made. Accuracy depends on the recording, the speakers, background noise and language, and is never guaranteed.

2.3 You must review before use. AI Output is a draft. Before you finish minutes, rely on them, sign them, or distribute them to anyone, a competent person on your side must read the whole document, check it against their own knowledge of the meeting (and the recording or transcript where there is doubt), correct it and approve it. Choosing Finish (or any similar step) in the Service is your confirmation that this review has been done.

2.4 You are the author and publisher. The final minutes are your document. You decide their content, you issue them in your own name or your company's name, and you are responsible for their accuracy and for whom you send them to. SiteMinutes is not the author, publisher or distributor of your minutes.

2.5 No warranty of accuracy. To the fullest extent permitted by law, SiteMinutes gives no warranty or representation that AI Output is accurate, complete, faithful to what was said, or fit for any particular purpose (including use as evidence, as a contract record under a building contract, or in a dispute).

2.6 No liability for reliance or distribution. To the fullest extent permitted by law, SiteMinutes is not liable for any loss or damage (including claims by third parties, delay or cost claims, disputes under a building or professional-services contract, or damage to reputation) arising from any person's reliance on, or the distribution of, a transcript or minutes produced with the Service, whether or not they were reviewed.

2.7 Indemnity for distribution. You will indemnify SiteMinutes against claims, losses and reasonable legal costs brought by third parties (including meeting participants and the parties to your contracts) arising from transcripts or minutes that you or your users finished, relied on or distributed.

2.8 Not professional advice. The Service does not give legal, contractual, engineering, architectural, quantity-surveying or other professional advice. Contract instructions, actions and other entries are records of what you entered or what was said.

2.9 This section applies in addition to sections 12 (warranties) and 16 (limitation of liability). It does not exclude liability that cannot be excluded by law.

3. Accounts and companies

• You must give accurate information, keep your password secret, and tell us at once about any unauthorised use.
• You must be at least 18 years old and use the Service for your business or profession. The Service is not intended for children.
• Each user belongs to one company. The person who opens the company account is its owner and billing owner. Owners and admins manage users; only the billing owner can pay and change the plan.
• The Customer is responsible for everything done under its account and by its users, and for ensuring its users comply with these Terms.

4. Free trial

A new company gets a 7-day free trial. No card is needed. At the end of the trial the workspace becomes read-only until a paid plan starts; nothing is charged automatically and nothing is deleted at that point (see the Data Retention & Deletion Policy). We may change or end the trial offer for new customers at any time.

5. Subscriptions, seats and payment

• Plans are sold per seat (one seat for each active user), billed monthly or yearly in advance, in NAD, ZAR or USD according to your billing country.
• Subscriptions paid by recurring card payment renew automatically each period until cancelled. Where a plan is paid once-off for a period, it ends at the end of that period unless renewed.
• Adding seats during a period is charged pro rata for the rest of that period. Removing seats takes effect from the next billing date.
• If a payment fails, the workspace becomes read-only after a 3-day grace period. Your data is kept (see section 13).
• Cancellation, refunds, price changes and taxes are covered in the Subscription, Billing & Refund Policy, which is part of these Terms.

6. Your content

• You own your content. "Customer Content" means everything you or your users put into the Service, and the AI Output generated from it: recordings, transcripts, minutes, attendance lists, projects, plans, documents, photos and messages. As between you and us, you own it and are responsible for it.
• Licence to us. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process and display Customer Content only as needed to provide, secure and support the Service for you, including sending it to our sub-processors (for example the AI providers) for that purpose.
• No training, no selling. We do not use Customer Content to train AI models, we do not allow our AI providers to do so, and we do not sell or share it for advertising.
• Processing terms. Where Customer Content contains personal information, we process it as your processor / operator under the Data Processing Addendum.
• Export. You can export your minutes (PDF), meeting packs and project records at any time while your account exists, including while it is read-only.
• Feedback. If you send us suggestions, we may use them without obligation to you.

7. Recording meetings and consent

You are solely responsible for recording lawfully. Before recording, you must tell everyone present that the meeting is being recorded and why, and you must have a lawful basis — and, where the law requires it, the consent of all participants — for recording the meeting and processing participants' personal information. Some jurisdictions require every participant's consent. See the AI & Recording Policy. You indemnify us against claims arising from recordings you make without a lawful basis.

8. Acceptable use

You must follow the Acceptable Use Policy. In short: no unlawful recording, no infringing or unlawful content, no issuing minutes without review, no attacks on the Service, no reselling without our agreement, and no attempts to get around seat limits or security. We may suspend access that breaches it (section 14).

9. Our intellectual property

The Service, its software, design, trade marks and documentation belong to us or our licensors. We grant you, for the term of your subscription, a non-exclusive, non-transferable right to use the Service for your internal business purposes in line with these Terms. You may not copy, modify, reverse-engineer (except where the law allows it) or create derivative works of the Service.

The apps are also subject to Apple's Licensed Application End User License Agreement where you download them from the App Store. Apple is not responsible for the Service or for support.

10. Availability and support

We aim for high availability but do not guarantee that the Service will be uninterrupted or error-free. Planned maintenance will be announced where practical. The apps keep working offline on your device; syncing and AI minutes need a connection. Support is provided through tickets in the web app during business hours (Namibian time).

11. Accessibility

We aim to make the Service and these documents usable by everyone, following the Web Content Accessibility Guidelines (WCAG) 2.1 level AA as far as practicable. If you need a document in another format, or have difficulty using the Service, contact us and we will help.

12. Warranties

We will provide the Service with reasonable care and skill. Except as stated in these Terms and to the fullest extent the law allows, the Service and all AI Output are provided "as is" and "as available", and we exclude all other warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy.

Nothing in these Terms limits rights that you have as a consumer which cannot lawfully be excluded, including under South Africa's Consumer Protection Act 68 of 2008 and Electronic Communications and Transactions Act 25 of 2002, Namibia's Electronic Transactions Act 4 of 2019, the Australian Consumer Law, or the consumer laws of the country where you live.

13. Suspension, read-only mode and your data

If a trial ends or a payment is overdue beyond the grace period, the workspace becomes read-only: you can view and export, but not record new minutes or add users. We never delete your data merely because of non-payment for at least 12 months after the workspace became read-only, and we will give the billing owner at least 30 days' notice by e-mail before any deletion. Paying restores full access.

14. Suspension for breach

We may suspend a user or workspace immediately if it breaches the Acceptable Use Policy, threatens the security or integrity of the Service, or if the law requires it. We will tell you why (unless the law forbids us) and restore access once the problem is resolved.

15. Term and termination

• These Terms apply from when you first use the Service until your account is closed.
• You may cancel your subscription at any time (see the Billing Policy) and may ask us to close your account and delete your data.
• We may terminate for material breach that you do not remedy within 14 days of notice, immediately for a serious or repeated breach of the Acceptable Use Policy, or on 90 days' notice if we discontinue the Service (with a pro-rata refund of any prepaid, unused period).
• On termination you will have 30 days to export your content, after which we delete it as described in the Data Retention & Deletion Policy.
• Sections that by their nature should survive (section 2, content ownership, limitation of liability, indemnities, governing law) survive termination.

16. Limitation of liability

To the fullest extent permitted by law:

• Neither party is liable for indirect, special or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated savings.
• Our total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim (or, during a free trial, NAD 1 000).
• We are not liable for loss arising from reliance on or distribution of transcripts or minutes (section 2), from recordings you made without a lawful basis, or from events beyond our reasonable control (for example outages of the internet, of power supply or of third-party providers).

These limits do not apply to liability that cannot be limited by law, such as liability for fraud, for gross negligence or wilful misconduct, or for death or personal injury caused by negligence.

17. Indemnity

In addition to section 2.7, you will indemnify us against third-party claims, losses and reasonable legal costs arising from (a) Customer Content, (b) recordings made or personal information processed without a lawful basis or required consent, or (c) your breach of these Terms or of the law.

18. Changes to these Terms

We may update these Terms. We will publish the new version with a new version number and effective date and, for material changes, tell the account owner by e-mail or in the app at least 30 days in advance. If you do not agree to a change, you may cancel before it takes effect and receive a pro-rata refund of any prepaid, unused period. Continuing to use the Service after the effective date means you accept the new Terms.

19. Governing law and disputes

These Terms are governed by the laws of the Republic of Namibia. The parties submit to the jurisdiction of the High Court of Namibia. Before going to court, the parties will try in good faith to settle any dispute by negotiation for 30 days after written notice.

This does not deprive a consumer of the protection of the mandatory laws of the country where the consumer lives, or of the right to bring proceedings in its courts.

20. General

• Notices. We send notices to the account owner's or billing owner's e-mail address or in the app. You send notices to help@siteminutes.com.
• Assignment. You may not transfer these Terms without our consent. We may transfer them to a successor of the business, which must honour them.
• Entire agreement. These Terms and the documents they incorporate are the whole agreement about the Service and replace earlier discussions. A signed order form or enterprise agreement prevails where it conflicts.
• Severability. If a provision is unenforceable, the rest remains in force.
• No waiver. Not enforcing a right is not a waiver of it.
• Export controls and sanctions. You may not use the Service where this is prohibited by applicable sanctions or export laws.
• Electronic communications. You agree that agreements, notices and records may be concluded and kept electronically.
• Supplier information. The information that suppliers must give under section 43 of the South African Electronic Communications and Transactions Act and section 34 of the Namibian Electronic Transactions Act is set out in these Terms, the Billing Policy and the Privacy Policy.

21. Contact

Water en Skaafsels, trading as SiteMinutes (registered in Namibia, [Namibian registration number]) · 16 Plover Street, Swakopmund, Erongo, 13001, Namibia · help@siteminutes.com · +264 81 127 8404.