These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and BizAP (Pty) Ltd, a company registered in South Africa ("BizAP", "we", "us"). By creating an account or using the BizAP platform and services (the "Service"), you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
1. The Service
BizAP provides a cloud-based WhatsApp Business automation platform that enables businesses to manage customer conversations, automate responses, send broadcast messages, and access related CRM and analytics features. The specific features available to you depend on your chosen subscription plan.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time. Where a modification materially reduces functionality, we will provide at least 30 days' notice.
2. Account Registration
To use the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your credentials confidential and not share them with third parties
- Accept responsibility for all activity that occurs under your account
- Notify us immediately of any unauthorised access at security@bizap.co.za
Accounts may only be created by individuals who are at least 18 years of age.
3. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service to send spam, unsolicited messages, or bulk communications to contacts who have not opted in
- Violate Meta's WhatsApp Business Platform policies or Acceptable Use Policy
- Transmit content that is unlawful, defamatory, obscene, discriminatory, or otherwise objectionable
- Impersonate any person or entity or misrepresent your affiliation
- Attempt to gain unauthorised access to any part of the Service or its infrastructure
- Use the Service to store or transmit malicious code or conduct denial-of-service attacks
- Resell, sublicense, or otherwise exploit the Service without our prior written consent
- Reverse-engineer, decompile, or disassemble any part of the Service
We reserve the right to suspend or terminate your account immediately if we reasonably believe you are in breach of this section.
4. WhatsApp and Meta Compliance
The Service depends on the WhatsApp Business Platform operated by Meta Platforms. Your use of the Service is subject to Meta's policies, including their WhatsApp Business Policy and Commerce Policy. You are solely responsible for ensuring your WhatsApp Business Account remains in good standing with Meta. BizAP is not liable for any suspension or restriction of your WhatsApp number by Meta.
5. Subscription Plans and Payment
5.1 Plans
The Service is offered on a subscription basis. Pricing is set out on our Pricing page and is denominated in South African Rand (ZAR) inclusive of VAT where applicable.
5.2 Billing
Subscriptions are billed monthly or annually in advance, depending on your chosen billing cycle. Payment is due on the first day of each billing period. We use Ozow and PayFast as payment processors; their terms also apply to payment transactions.
5.3 Late payment
If payment is not received within 7 days of the due date, we may suspend access to the Service. Suspended accounts will be terminated after 30 days of non-payment and data may be deleted thereafter.
5.4 Price changes
We may change subscription prices with at least 30 days' written notice. Price changes take effect at the start of your next billing cycle following the notice period.
5.5 Refunds
Subscription fees are non-refundable except where required by applicable South African consumer protection law. If you cancel mid-period, you retain access until the end of the paid period.
6. Intellectual Property
The Service, including all software, content, trademarks, and documentation, is owned by BizAP or its licensors and is protected by applicable intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable licence to access and use the Service for your internal business purposes during your subscription term.
You retain ownership of all data you upload to or generate through the Service ("Customer Data"). You grant BizAP a limited licence to process Customer Data solely to provide and improve the Service.
7. Confidentiality
Each party agrees to keep the other's confidential information secret and to use it only for purposes of these Terms. Confidential information does not include information that is publicly known, independently developed, or received from a third party without restriction.
8. Data Protection
Our collection and use of personal information is governed by our Privacy Policy and POPIA Statement. You are responsible for ensuring that your use of the Service and the Customer Data you process comply with all applicable data protection laws, including POPIA.
9. Uptime and Support
We target 99.5% monthly uptime for the Service, excluding scheduled maintenance. Scheduled maintenance will be communicated with at least 24 hours' notice. Support is provided via email and in-app chat during South African business hours (Monday–Friday, 08:00–17:00 SAST).
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- BizAP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities
- Our total aggregate liability to you for any claims arising under these Terms shall not exceed the total fees paid by you to BizAP in the 3 months preceding the event giving rise to the claim
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under South African law.
11. Indemnification
You agree to indemnify, defend, and hold harmless BizAP and its officers, directors, and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or related to your use of the Service, violation of these Terms, or infringement of any third-party rights.
12. Term and Termination
These Terms remain in effect for as long as you have an active subscription. Either party may terminate at any time by providing written notice. We may terminate your account immediately for material breach of these Terms, including but not limited to breach of Section 3 (Acceptable Use) or Section 4 (WhatsApp Compliance).
Upon termination, your access to the Service ceases. We will retain Customer Data for 30 days post-termination to allow export, after which it may be permanently deleted.
13. Governing Law and Disputes
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising under these Terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to the jurisdiction of the courts of South Africa. You waive any objection to the venue or jurisdiction of such courts.
14. General
- Entire agreement — These Terms, together with our Privacy Policy and POPIA Statement, constitute the entire agreement between you and BizAP regarding the Service
- Severability — If any provision is found unenforceable, the remaining provisions continue in full force
- No waiver — Failure to enforce any right does not constitute a waiver of that right
- Assignment — You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger or acquisition
15. Contact
For questions about these Terms, contact us at legal@bizap.co.za.