Terms of Service

1. Acceptance of Terms

By accessing or using the Flowa platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case the term “you” refers to that entity. If you do not have such authority, or if you do not agree with these Terms, you may not use the Service.

Flowa (Pty) Ltd (“Flowa”, “we”, “us”, or “our”) reserves the right to update these Terms at any time. We will notify you of material changes by email or by posting a notice within the platform. Continued use of the Service after any changes constitutes your acceptance of the new Terms.

2. Description of Service

Flowa is a cloud-based business messaging and commerce platform that enables South African businesses to communicate with their customers via WhatsApp and SMS, run AI-powered chatbots, manage shared team inboxes, send broadcast campaigns, and sell products through conversational commerce. The specific features available to you depend on the subscription plan you have selected.

3. Accounts and Registration

To use the Service you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your password and for all activity that occurs under your account. You must notify us immediately at info@flowa.co.za if you suspect any unauthorised use of your account.

You may not create an account on behalf of another person without their express permission. Accounts are non-transferable. Flowa reserves the right to suspend or terminate accounts that violate these Terms.

4. Subscription Plans and Payments

The Service is offered on a subscription basis. By selecting a paid plan, you authorise Flowa (or its authorised payment processor) to charge your nominated payment method on a recurring basis at the rates set out at the time of purchase.

• Billing cycle: Subscriptions are billed monthly or annually in advance, depending on the plan you choose.
• Taxes: All fees are exclusive of VAT. Where applicable, VAT at the prevailing South African rate will be added to your invoice.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods unless required by applicable law.
• Price changes: Flowa may change subscription fees on thirty (30) days' written notice. If you do not cancel before the new price takes effect, you will be deemed to have accepted the new pricing.
• Failed payments: If a payment fails, we will attempt to notify you. If the outstanding amount is not settled within seven (7) days, Flowa may suspend or downgrade your account.

5. Free Trial

Flowa may offer a free trial period. No credit card is required to start a free trial unless otherwise stated. At the end of the trial period, you must select a paid plan to continue using the Service. Flowa reserves the right to modify or discontinue free trials at any time without notice.

6. Acceptable Use and Prohibited Conduct

You agree not to use the Service to:

• Send unsolicited bulk messages (“spam”) or messages to contacts who have not opted in to receive communications from you;
• Transmit content that is unlawful, defamatory, harassing, obscene, fraudulent, or otherwise objectionable under South African law;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Violate the WhatsApp Business Policy, WhatsApp Commerce Policy, or any applicable Meta/WhatsApp terms or guidelines;
• Attempt to gain unauthorised access to any part of the Service, its related systems, or networks;
• Introduce viruses, malware, or other harmful code into the Service;
• Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure;
• Resell or sublicense access to the Service without our prior written consent;
• Collect or harvest any personally identifiable information from the Service without authorisation.

Flowa reserves the right to investigate suspected violations and may, without prior notice, remove content and/or suspend or terminate accounts found to be in breach of these restrictions.

7. Your Content

You retain all ownership rights in the content and data you upload to or transmit through the Service (“Your Content”). By using the Service, you grant Flowa a limited, worldwide, royalty-free licence to host, store, process, and display Your Content solely to the extent necessary to provide the Service to you.

You are solely responsible for the accuracy, legality, and appropriateness of Your Content. You represent and warrant that you have all rights necessary to grant the above licence and that Your Content does not infringe any third-party intellectual property rights or violate any applicable law.

8. Intellectual Property

The Service and all associated software, design, text, graphics, logos, and other materials are the exclusive property of Flowa (Pty) Ltd or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use the Flowa name, trademarks, or logos without our prior written consent.

9. Third-Party Services

The Service integrates with third-party platforms including, but not limited to, WhatsApp (Meta Platforms), SMS carriers, PayFast, and Supabase. Your use of these third-party services is subject to their respective terms and privacy policies. Flowa is not responsible for the acts or omissions of third-party providers.

10. Confidentiality

Each party may disclose confidential information to the other in connection with the Service. “Confidential Information” means any information designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information, and not to disclose it to third parties without the disclosing party's prior written consent.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FLOWA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE SOUTH AFRICAN LAW, FLOWA (PTY) LTD AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF FLOWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FLOWA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO FLOWA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ZAR 1,000.

13. Indemnification

You agree to indemnify, defend, and hold harmless Flowa (Pty) Ltd and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with (a) your use of the Service, (b) Your Content, or (c) your violation of these Terms or any applicable law.

14. Termination

Either party may terminate these Terms at any time. You may terminate by cancelling your account via the platform settings or by contacting us at info@flowa.co.za. Flowa may suspend or terminate your access to the Service immediately, without prior notice or liability, if you breach these Terms or if we are required to do so by law.

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination (including, without limitation, ownership provisions, disclaimers, indemnification, and limitation of liability) shall survive.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict-of-law provisions. Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be submitted to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria), which the parties hereby submit to as the court of first instance.

16. General

• Entire agreement: These Terms constitute the entire agreement between you and Flowa with respect to the Service and supersede all prior discussions, agreements, or understandings.
• Severability: If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
• Waiver: Failure by Flowa to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without Flowa's prior written consent. Flowa may assign its rights and obligations without restriction.

17. Contact

If you have any questions about these Terms, please contact us: