Terms of Service

These Terms of Service (“Terms”) govern your access to and use of SwiftMsg (“SwiftMsg”, “we”, “us”), a WhatsApp Business messaging platform operated from South Africa. By creating an account or using the Service, you agree to these Terms in full.

These Terms are a legal agreement. If anything is unclear, write to hello@swiftmsg.io before you proceed.

1. Acceptance of Terms

By registering for or using SwiftMsg, you confirm that you are at least 18 years old, have the authority to bind the business you represent, and accept these Terms without modification. If you do not agree, you must not use the Service.

2. Description of Service

SwiftMsg provides a software-as-a-service platform that lets businesses create and send WhatsApp campaigns to their contacts using the Meta WhatsApp Business Cloud API. Core features include contact management, message template creation and submission, campaign scheduling and delivery, inbox for inbound replies, and usage reporting.

Sending is powered by prepaid credits billed in South African Rand (ZAR). You purchase credits in advance and they are deducted as messages are dispatched. No credit means no sending.

3. Accounts & Eligibility

• You must provide accurate registration information and keep it current.
• You are responsible for all activity that occurs under your account, including actions by team members you invite.
• You must notify us immediately if you suspect unauthorised access to your account.
• One person may not maintain multiple accounts for the same business without prior written approval.

4. Acceptable Use

SwiftMsg is built on Meta's WhatsApp Business Platform. Your use of the Service must comply with all applicable laws, these Terms, and Meta's WhatsApp Business Policy. In particular:

• Consent is required. You may only message contacts who have given clear, verifiable opt-in consent to receive WhatsApp messages from your business. You must be able to demonstrate that consent on request.
• No spam. Do not send unsolicited, bulk, or repetitive messages that recipients have not requested.
• Lawful content only. Do not send content that is illegal, harmful, threatening, defamatory, fraudulent, or that infringes any third-party intellectual property rights.
• Honour opt-outs. Process all unsubscribe or stop requests promptly and do not re-message opted-out contacts.
• No platform abuse. Do not attempt to circumvent rate limits, reverse-engineer the Service, scrape data, or interfere with other users.

Violations may result in immediate suspension of your account and reporting to Meta.

5. Credits, Billing & Refunds

• Credits are prepaid in ZAR via Paystack and are deducted per message sent.
• Credits are non-refundable except as required by applicable South African consumer protection law or where we have made a billing error.
• Pricing is subject to change. We will give at least 14 days' notice of a price increase via email and in-app notification. Continued use after the notice period constitutes acceptance of the new pricing.
• Credits have no expiry while your account remains active.
• If your account is suspended for a policy violation, unused credits are forfeited.

6. Message Templates & Meta Approval

WhatsApp requires that outbound messages outside an active conversation use pre-approved templates. Template approval is granted by Meta, not by SwiftMsg. We will submit your templates on your behalf, but we do not guarantee approval, nor do we control Meta's review timelines or decisions.

You are responsible for ensuring that your template content complies with Meta's template guidelines and all applicable laws. Rejected or disabled templates do not entitle you to a credit refund for credits already used.

7. Third-Party Services

The Service integrates with third parties including Meta (WhatsApp Business Cloud API) and Paystack (payment processing). Your use of those integrations is also subject to their respective terms and policies. SwiftMsg is not responsible for the availability, accuracy, or conduct of those third-party services.

8. Service Availability

We aim for high availability but provide the Service “as is” and “as available” without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or uninterrupted service. Scheduled maintenance, upstream outages (including Meta or Paystack), and unforeseen incidents may interrupt delivery.

9. Limitation of Liability

To the maximum extent permitted by South African law, SwiftMsg's total liability to you for any claim arising out of these Terms or your use of the Service shall not exceed the total amount of credits you purchased in the 90 days preceding the event giving rise to the claim.

We are not liable for indirect, incidental, consequential, or special damages, including lost profits, lost revenue, or loss of data, even if we have been advised of the possibility of such damages.

10. Suspension & Termination

We may suspend or terminate your account immediately if you breach these Terms, engage in conduct that harms other users or the platform, violate Meta's policies, or if required by law. Where possible we will notify you before suspension, but reserve the right to act without notice in urgent cases.

You may close your account at any time from the account settings page. Closure does not entitle you to a refund of unused credits.

11. Changes to Terms

We may update these Terms from time to time. Material changes will be announced in-app and by email to the address on your account. The effective date above will be updated accordingly. Continued use of the Service after the new Terms take effect constitutes your acceptance of them.

12. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts, without prejudice to your right to seek urgent interim relief in any competent court.

13. Contact

Questions about these Terms? hello@swiftmsg.io.

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