Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the WAPit platform ("Service"), operated from South Africa. By registering for or using WAPit, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

2. Definitions

"Platform" means the WAPit web application at wapit.co.za and associated APIs.
"User", "you", "your" means any person or entity that registers for or uses the Service.
"Message" means any text, image, video, document, audio, template, or interactive content sent through the Service.
"Credits" means pre-paid messaging units purchased on the Platform.
"Subscription" means a recurring monthly billing arrangement for messaging credits.

3. Eligibility

To use WAPit, you must:

Be at least 18 years old
Have legal capacity to enter into a binding agreement
Provide accurate and complete registration information
Comply with all applicable South African laws, including the Electronic Communications and Transactions Act 25 of 2002 ("ECTA")

4. Account Registration

You are responsible for maintaining the confidentiality of your account credentials. You accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

5. Service Description

WAPit provides:

WhatsApp message sending via the official WhatsApp Platform
Message delivery tracking and status updates
Contact list management
Message template creation and management
Bulk messaging capabilities (subject to tier limits)
API access for programmatic message sending

6. Acceptable Use

You agree NOT to use WAPit to:

Send unsolicited bulk messages (spam)
Send messages without recipient consent as required by POPIA and the Consumer Protection Act 68 of 2008
Transmit illegal, harmful, threatening, abusive, or hateful content
Impersonate any person or entity
Violate Meta's WhatsApp Business Policy or Commerce Policy
Send messages promoting illegal goods, services, or activities
Attempt to circumvent rate limits, security measures, or platform restrictions
Harvest, scrape, or collect personal information without consent
Distribute malware, phishing links, or deceptive content
Engage in any activity that violates South African law

Violation of these rules may result in immediate account suspension or termination without refund.

7. Credits and Payments

7.1 Credit System

One credit equals one message (any type: text, image, video, document, audio, template, or interactive)
New accounts receive 5 free credits upon registration
Additional credits can be purchased in bundles at R0.20 per credit
Purchased credits do not expire
Credits are non-transferable between accounts

7.2 Subscriptions

Monthly subscriptions include a set number of credits per billing period
Subscription billing is processed via PayFast on a recurring monthly basis
Unused subscription credits do not roll over to the next month
Subscription plans may be upgraded or downgraded at any time; changes take effect at the next billing cycle

7.3 Pricing

All prices are in South African Rand (ZAR) and include VAT where applicable. We reserve the right to change pricing with 30 days' written notice.

8. Cancellation and Refunds

8.1 Subscription Cancellation

Subscriptions operate on a rolling two-month cancellation period. When you request cancellation:

Your current month's billing will still be processed
One additional month of billing will occur
Your subscription and access will terminate at the end of the second billing cycle
You will continue to receive credits and have full access during the notice period

8.2 Refunds

Credit purchases are non-refundable once credits have been used
Unused credit bundles may be refunded within 7 days of purchase, in accordance with the Consumer Protection Act
Subscription payments during the cancellation notice period are non-refundable
In the event of a service failure on our side, pro-rata refunds or credit adjustments will be issued at our discretion

8.3 Cooling-Off Period

In terms of Section 44 of the Consumer Protection Act and Section 44 of ECTA, you may cancel a transaction within 5 business days of the date of the transaction for digital services purchased online, provided the service has not been fully performed.

9. Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. The Service depends on third-party infrastructure including Meta's WhatsApp Cloud API and Google Cloud Platform. We are not liable for downtime caused by:

Meta WhatsApp API outages or policy changes
Scheduled maintenance (we will provide reasonable advance notice)
Force majeure events (natural disasters, civil unrest, power outages)
Your internet connectivity or device issues

10. Intellectual Property

The WAPit platform, including its design, code, logos, and documentation, is the intellectual property of WAPit and is protected by South African copyright law. You may not reproduce, modify, or distribute any part of the platform without our written consent.

You retain ownership of any content you send through the platform. By using the Service, you grant us a limited licence to process your content solely for the purpose of delivering your messages.

11. Limitation of Liability

To the fullest extent permitted by South African law:

WAPit is provided "as is" without warranties of any kind
We do not guarantee message delivery (delivery depends on Meta WhatsApp and recipient availability)
Our total liability for any claim shall not exceed the fees paid by you in the 3 months preceding the claim
We are not liable for indirect, consequential, or special damages
We are not responsible for the content of messages you send through the platform

12. Indemnification

You agree to indemnify and hold WAPit harmless from any claims, 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 (including Meta's policies).

13. Account Suspension and Termination

We may suspend or terminate your account if:

You violate these Terms or our Acceptable Use policy
Your messaging activity triggers Meta's spam or quality enforcement
Your account is flagged by our health monitoring system
You fail to pay outstanding amounts
Required by law or regulation

Upon termination, your access to the platform ceases immediately. We may retain your data as required by law. Remaining credits are forfeited upon termination for cause.

14. Dispute Resolution

Any dispute arising from these Terms shall first be addressed through informal negotiation by contacting us at info@wapit.co.za. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation or the relevant South African court with jurisdiction.

15. Governing Law

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the South African courts.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or a notice on the platform at least 14 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Electronic Communications

In terms of ECTA, you consent to receiving electronic communications from us, including service notices, billing information, and updates. These electronic communications satisfy any legal requirement for writing.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Contact

For questions regarding these Terms, contact us at:

Email: info@wapit.co.za
Website: wapit.co.za/contact