Terms of Service

1. Definitions

In these Terms:

• "ChatSched", "we", "us", "our" means the company operating the ChatSched service.
• "Service" means the ChatSched WhatsApp automation platform, including all features, tools, and integrations.
• "You", "User", "Subscriber" means any individual or business that registers for or uses the Service.
• "Customer" means the end customers of your business who interact with ChatSched on your behalf.
• "Content" means any data, text, messages, or other material processed through the Service.
• "Subscription Plan" means the Standard or Growth plan you have selected.

2. Account Registration and Eligibility

To use ChatSched, you must:

• Be at least 18 years of age.
• Be a registered business or sole trader operating lawfully in South Africa or another jurisdiction.
• Provide accurate, current, and complete registration information.
• Maintain the security of your account credentials.
• Notify us immediately of any unauthorised access to your account.

You are responsible for all activity that occurs under your account. ChatSched reserves the right to refuse service, terminate accounts, or remove content at our discretion.

3. WhatsApp Business API Compliance

ChatSched integrates with the WhatsApp Business API provided by Meta Platforms, Inc. By using our Service, you agree to:

• Comply with WhatsApp's Business Policy and Commerce Policy.
• Not use the Service to send spam, unsolicited messages, or messages to individuals who have not opted in.
• Not use the Service for any illegal activity, harassment, or prohibited content.
• Ensure that your use of WhatsApp messaging complies with all applicable laws.

Violations of WhatsApp's policies may result in suspension of your WhatsApp number by Meta, which is outside ChatSched's control and responsibility.

4. Subscription Plans and Billing

4.1 Plans

ChatSched offers subscription plans as described on our pricing page. Features and pricing are subject to change with 30 days' notice to existing subscribers.

4.2 Free Trial

New subscribers receive a 14-day free trial. No credit card is required during the trial. At the end of the trial, your account will be paused unless you select a paid plan.

4.3 Payment

• Subscriptions are billed monthly in South African Rand (ZAR).
• Payment is due on the same date each month as your subscription start date.
• We accept payment via PayFast (card, EFT, instant EFT) and manual EFT.
• Failed payments will trigger a 7-day grace period, after which the Service may be suspended.
• All prices are inclusive of applicable VAT where required.

4.4 Cancellation and Refunds

• You may cancel your subscription at any time from your account settings or by contacting us.
• Cancellation takes effect at the end of your current billing period. No partial-month refunds are offered.
• We may offer a refund at our discretion in cases of significant service failure.
• Upon cancellation, your data remains accessible for 30 days, after which it is permanently deleted.

5. Acceptable Use

You agree not to use ChatSched to:

• Send unsolicited commercial messages (spam) to any person.
• Engage in any fraudulent, deceptive, or misleading business practices.
• Impersonate any person or entity.
• Transmit malware, viruses, or harmful code.
• Violate the privacy or rights of any individual.
• Conduct any activity prohibited under South African law, including the Consumer Protection Act, Electronic Communications and Transactions Act, and POPIA.
• Use the Service for any activity that violates WhatsApp's Terms of Service.
• Attempt to reverse engineer, hack, or gain unauthorised access to the Service.
• Resell or sublicense access to the Service without our written consent.

6. Intellectual Property

All intellectual property rights in the ChatSched platform, including software, design, trademarks, and documentation, remain exclusively with ChatSched. You are granted a limited, non-exclusive, non-transferable licence to use the Service for your business operations during your subscription period.

You retain ownership of your business data and customer content processed through the Service. By using ChatSched, you grant us a limited licence to process this content solely to provide the Service.

7. Service Availability and Uptime

We aim to provide 99.5% monthly uptime for the ChatSched Service. Scheduled maintenance will be communicated at least 24 hours in advance. We are not responsible for downtime caused by:

• WhatsApp / Meta platform outages or changes to their API.
• Third-party service failures (Google Calendar, PayFast, etc.).
• Events outside our reasonable control (force majeure).
• Actions taken by you that violate these Terms.

8. Limitation of Liability

To the maximum extent permitted by South African law:

• ChatSched is provided "as is" without warranties of any kind, express or implied.
• We do not guarantee that the Service will be error-free, uninterrupted, or meet your specific business requirements.
• ChatSched's total liability to you for any claim arising from your use of the Service shall not exceed the total fees paid by you in the 3 months preceding the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of customers, or loss of data.

9. Indemnification

You agree to indemnify and hold harmless ChatSched, its directors, employees, and partners from any claims, losses, damages, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

10. Termination

We may suspend or terminate your account immediately if:

• You breach any provision of these Terms.
• We are required to do so by law or WhatsApp's policies.
• Your account is used for fraudulent or illegal activity.
• You fail to pay subscription fees within the grace period.

Upon termination, your right to use the Service ceases immediately. You may request a data export within 30 days of termination.

11. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the South African courts. We encourage you to contact us first at legal@chatsched.co.za to resolve any dispute informally before initiating legal proceedings.

12. Changes to Terms

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes via email. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes.

13. Contact

For questions regarding these Terms, contact us at:

• Email: legal@chatsched.co.za
• WhatsApp: +27 60 000 0000