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Terms of Service — Atteste

Yield SPM (Pty) Ltd · Version 1.0 · April 2026

Supplier Information (ECTA Section 43)

In accordance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the following information is provided:

Full nameYield SPM (Pty) Ltd
Legal statusPrivate company incorporated under the Companies Act 71 of 2008
Registration number2024/185151/07
Physical address23 Kameeldoringdraai, Woodland Hills, Bloemfontein, Free State, 9301
Address for legal service23 Kameeldoringdraai, Woodland Hills, Bloemfontein, Free State, 9301
Emailinfo@alteragro.com
Websitehttps://alteragro.com
DirectorLindie le Roux
Information OfficerLindie le Roux (privacy@practacular.com)

1. Acceptance of Terms

1.1 Agreement

By creating an account, accessing, or using the Atteste platform (“the Service”), you agree to be bound by these Terms of Service (“Terms”), the Privacy Policy, and any other policies referenced herein (together, “the Agreement”).

This Agreement is an electronic transaction concluded in accordance with ECTA Sections 11 and 22. Your click of the “I Accept” button constitutes your electronic signature and agreement to these Terms.

1.2 Capacity

You warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are entering into this Agreement on behalf of a juristic person (company, trust, etc.), you warrant that you have the authority to bind that entity.

1.3 POPIA Consent

Before using the Service, you must accept the POPIA consent gate, which requires separate acknowledgement of:

  • These Terms of Service
  • The Privacy Policy (including AI processing and cross-border transfer disclosures)

2. Description of the Service

Atteste is an AI-powered art collection management platform that enables users to:

  • Catalogue and manage artwork collections
  • Record art encounters with location data
  • Generate AI-assisted artwork analysis, valuations, and provenance research
  • Create certificates of authenticity
  • Record and transcribe voice stories
  • Manage estate and legacy designations
  • Connect with gallery partners

The Service is provided as a software-as-a-service (“SaaS”) platform hosted on Google Cloud Platform infrastructure.

3. Subscription Tiers and Pricing

3.1 Tiers

Tier Monthly Price (ZAR) Artworks AI Calls/Month Key Features
FreeR0255Basic cataloguing
CollectorR14920050Multi-image, AI Scout, provenance
PremiumR349UnlimitedUnlimitedFull feature access, professional validation
GalleryR749 (Phase 2)——CRM, consignment tracking, analytics

Prices are inclusive of VAT where applicable.

3.2 Payment

Payments are processed by our payment processor. By subscribing to a paid tier, you authorise recurring charges at the frequency of your chosen billing cycle (monthly or annual).

3.3 Price Changes

We may change subscription prices on 30 days’ written notice via email or in-app notification. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

4. Fixed-Term Agreement Provisions

Applicability: This section applies where the Consumer Protection Act 68 of 2008 (“CPA”) applies to you. The CPA applies to natural persons and to juristic persons whose asset value or annual turnover is below the threshold determined by the Minister (currently R2 million, per Government Gazette No. 34181). Section 14 of the CPA does not apply to transactions between juristic persons, regardless of size.

4.1 Initial Term

If you subscribe to a paid tier:

  • Monthly subscriptions are rolling month-to-month agreements with no fixed minimum term
  • Annual subscriptions have an initial fixed period of 12 months

In no case does the initial fixed period exceed 24 months, in accordance with CPA Section 14(1).

4.2 Cancellation

In accordance with CPA Section 14(2):

  • After the initial fixed period: you may cancel on 20 business days’ written notice without penalty
  • During the initial fixed period: you may cancel on 20 business days’ written notice, but a reasonable cancellation penalty may apply (see Section 4.4)
  • Monthly rolling subscriptions: you may cancel at any time; cancellation takes effect at the end of the current billing period

4.3 Renewal Notification

In accordance with CPA Section 14(3), we will notify you 40 to 80 business days before the expiry of any annual subscription, informing you that:

  • Your subscription is approaching expiry
  • Your options for renewal, upgrade, downgrade, or cancellation
  • The terms that will apply upon renewal

4.4 Cancellation Penalty

Where a cancellation penalty applies (early termination of annual subscriptions), the penalty will not exceed the lesser of:

  • The remaining subscription fees for the unexpired portion of the term; or
  • An amount that is a reasonable estimate of the cost to Yield SPM of the early termination

This is in accordance with CPA Section 14(3)(b)(i).

4.5 Month-to-Month Continuation

If your annual subscription expires without renewal, it continues on a month-to-month basis on the same terms, and you may cancel on 20 business days’ notice without penalty, in accordance with CPA Section 14(4).

5. Cooling-Off Period

5.1 Electronic Transactions (ECTA Section 44)

If you subscribe to a paid tier through the Atteste application (an electronic transaction), you have the right to cancel the transaction without reason and without penalty within 7 days of the date of conclusion of the agreement. To exercise this right, notify us at info@alteragro.com. We will refund all payments within 30 days.

5.2 Direct Marketing (CPA Regulation 5)

If you subscribed as a result of direct marketing (e.g., an email campaign or promotional communication), you may rescind the transaction without reason and without penalty within 5 business days of the date the agreement was concluded. To exercise this right, notify us in writing at info@alteragro.com.

5.3 Which Applies

If both cooling-off periods could apply, we honour whichever gives you the longer period.

6. Your Content and Intellectual Property

6.1 Your Content

You retain all ownership rights in the content you upload, create, or store through the Service (“Your Content”), including artwork images, text, voice recordings, and provenance records.

6.2 Licence to Yield SPM

By using the Service, you grant Yield SPM a limited, non-exclusive, worldwide licence to use, store, reproduce, and process Your Content solely for the purpose of providing, maintaining, and improving the Service. This licence terminates when you delete Your Content or close your account (subject to our retention obligations).

6.3 AI-Generated Content

Content generated by AI features (analysis reports, enrichment text, voice synthesis outputs) is generated based on Your Content. You own the AI-generated outputs to the extent permitted by applicable law.

6.4 No Claim by Yield SPM

Yield SPM does not claim ownership of Your Content or AI-generated outputs. We will not use Your Content for any purpose other than providing the Service, unless you provide separate explicit consent.

7. AI Features — Limitations and Disclaimers

7.1 Not Professional Advice

AI-generated valuations, provenance research, and artwork analysis are provided for informational purposes only. They do not constitute professional appraisals, insurance valuations, or legal advice regarding ownership or authenticity. You should obtain independent professional advice for material decisions.

7.2 Accuracy

AI outputs may contain errors, omissions, or inaccuracies. We do not warrant the accuracy, completeness, or reliability of AI-generated content. AI models are developed by third-party providers (Google, Anthropic, ElevenLabs) and their outputs are not reviewed by Yield SPM before delivery to you.

7.3 Availability

AI features depend on third-party services that may experience downtime, rate limits, or changes. We do not guarantee uninterrupted availability of AI features.

8. Certificates of Authenticity

8.1 Nature

Certificates of authenticity generated through Atteste are self-issued digital certificates that record the information you provide. They are secured with SHA-256 integrity hashes to prevent tampering.

8.2 Not Independent Verification

These certificates record your assertions about an artwork’s provenance, condition, and authenticity. They do not constitute independent third-party verification or authentication. Yield SPM does not verify the accuracy of the information you provide for certificate generation.

9. Auction Features

Where Atteste includes auction-related functionality, the following applies in accordance with CPA Section 45 (where the CPA is applicable):

  • Each artwork lot is treated as a separate transaction (Section 45(1))
  • If a reserve price applies, notice must be given in advance (Section 45(3))
  • Goods purchased at auction are excluded from the implied warranty of quality under CPA Section 55(6)(a)

Atteste facilitates auction cataloguing and tracking. Atteste does not itself conduct auctions or act as an auctioneer.

10. Acceptable Use

You agree not to:

  • Upload content that infringes the intellectual property rights of others
  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorised access to other users’ data
  • Reverse-engineer, decompile, or disassemble any part of the Service
  • Use automated tools to scrape or extract data from the Service
  • Impersonate any person or entity
  • Upload content that is harmful, defamatory, or obscene

We may suspend or terminate your account for violations of this section.

11. Data Export and Portability

11.1 During Your Subscription

You may export Your Content at any time through the Service’s export functionality (where available) or by contacting us at info@alteragro.com.

11.2 On Termination

Upon cancellation or termination, we will make Your Content available for export for 30 days. After this period, Your Content will be deleted in accordance with our Data Retention Schedule.

12. Service Availability and Modifications

12.1 Availability

We aim to provide the Service with reasonable uptime but do not guarantee uninterrupted service. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

12.2 Modifications

We may modify, update, or discontinue features of the Service. Where a modification materially reduces the functionality you are paying for, we will give you 30 days’ notice and the option to cancel without penalty.

13. Limitation of Liability

13.1 No Warranty of Fitness

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.2 Limitation

To the maximum extent permitted by applicable law, Yield SPM’s total aggregate liability to you for all claims arising from or relating to these Terms or the Service shall not exceed the total fees paid by you to Yield SPM in the 12 months preceding the event giving rise to the liability.

13.3 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, Yield SPM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service.

13.4 CPA Protections Preserved

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the CPA or other applicable law. In particular, Sections 55 and 56 of the CPA (implied warranty of quality for goods, excluding auction purchases per Section 55(6)(a)) apply where the CPA is applicable.

14. Indemnification

You agree to indemnify and hold harmless Yield SPM, its directors, employees, and agents from any claims, damages, or expenses arising from:

  • Your breach of these Terms
  • Your use of the Service
  • Your Content (including any claim that Your Content infringes third-party rights)
  • Your provision of inaccurate information for certificates of authenticity

15. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

16. Suspension and Termination

16.1 By You

You may terminate your account at any time by:

  • Using the account deletion feature in the app; or
  • Emailing info@alteragro.com

Termination does not entitle you to a refund for the current billing period (except as provided in the cooling-off provisions in Section 5).

16.2 By Yield SPM

We may suspend or terminate your account:

  • For material breach of these Terms (with reasonable notice where practicable)
  • For non-payment after 14 days’ written notice
  • If required by law or a court order
  • If the Service is discontinued (with 90 days’ notice)

16.3 Effect of Termination

On termination:

  • Your licence to use the Service ends immediately
  • You have 30 days to export Your Content
  • We will delete your personal information in accordance with our Data Retention Schedule and Privacy Policy
  • Sections 6 (IP), 7 (AI Disclaimers), 8 (Certificates), 13 (Liability), 14 (Indemnification), and 17 (Governing Law) survive termination

17. Governing Law and Disputes

17.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa, including POPIA, ECTA, and the CPA (where applicable).

17.2 Jurisdiction

The parties submit to the jurisdiction of the High Court of South Africa, Free State Division, Bloemfontein.

17.3 Informal Resolution

Before initiating formal proceedings, you agree to contact us at info@alteragro.com to attempt to resolve any dispute informally. We will endeavour to respond within 14 business days.

18. Plain Language (CPA Section 22)

These Terms are written in plain language as required by Section 22 of the CPA. If any provision is unclear, please contact us at info@alteragro.com and we will explain it.

19. Complaints

If you have a complaint about the Service:

  1. Email info@alteragro.com — we will acknowledge within 5 business days and respond within 14 business days
  2. Privacy complaints: privacy@practacular.com (Information Officer)
  3. Information Regulator: (010) 023 5200 / complaints.IR@justice.gov.za
  4. National Consumer Commission (if CPA applies): 012 428 7000 / complaints@thencc.org.za

20. General

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any order or subscription confirmation, constitute the entire agreement between you and Yield SPM regarding the Service.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

20.3 Assignment

You may not assign or transfer your rights under these Terms. Yield SPM may assign its rights and obligations to a successor entity on written notice to you.

20.4 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

20.5 Amendments

We may amend these Terms on 30 days’ notice via email or in-app notification. The consent versioning mechanism will require you to re-accept amended Terms before continued use. If you do not agree to amendments, you may cancel your subscription.

21. Electronic Communications (ECTA)

In accordance with ECTA:

  • Communications from us via email or in-app notification constitute valid written notice (Section 12)
  • Records maintained electronically satisfy statutory record-keeping requirements (Section 16)
  • Your electronic acceptance of these Terms constitutes a valid agreement (Sections 11 and 22)
  • Data messages are deemed received when they enter your designated information system (Section 24)
VersionDateChanges
1.0April 2026Initial version

Yield SPM (Pty) Ltd | Reg 2024/185151/07 | info@alteragro.com

© 2026 Yield SPM (Pty) Ltd · Reg 2024/185151/07
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