Terms and Conditions

1. Acceptance of Terms

By creating an account, accessing, or using the Conek platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

These Terms apply to all users of the Service, including businesses, administrators, and end-users receiving communications through our platform.

2. Service Description

Conek provides a Business communication platform that enables businesses to:

• Send promotional campaigns and marketing messages to customers
• Share product updates, special offers, and discount codes
• Communicate with customers through WhatsApp
• Manage customer databases and contact lists
• Track analytics and engagement metrics

Our Service is subject to the features available in your selected pricing plan.

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your contact information remains current

3.2 Business Requirements

You represent and warrant that:

• You are a registered business entity or authorized representative
• You have the legal authority to bind your organization to these Terms
• Your use of the Service complies with all applicable laws and regulations
• You will conduct business in an ethical and lawful manner

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Service only for lawful business purposes, including:

• Sending legitimate promotional content to customers who have consented
• Providing customer support and service updates
• Sharing relevant product information and announcements
• Building and maintaining customer relationships

4.2 Prohibited Activities

You agree not to use our Service to:

• Send spam, unsolicited messages, or bulk communications to non-consenting recipients
• Transmit harmful, offensive, or illegal content
• Violate any applicable laws, including data protection and privacy regulations
• Infringe upon intellectual property rights of others
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for fraudulent or deceptive practices
• Harvest or collect user data without proper consent
• Resell or redistribute the Service without authorization

5. WhatsApp Compliance

As our Service operates through WhatsApp's Business API, you must also comply with:

• WhatsApp Business API Terms of Service
• WhatsApp Business Policy
• Meta's Terms of Service and Community Standards
• All applicable WhatsApp messaging guidelines and restrictions

Violation of WhatsApp's policies may result in immediate suspension of your account. We are not responsible for actions taken by WhatsApp or Meta against your account.

6. Pricing and Payment

6.1 Subscription Plans

Our Service is offered through various subscription plans priced in South African Rand (ZAR). Current pricing is available on our website and subject to change with notice.

6.2 Payment Terms

• All fees are payable in advance unless otherwise specified
• Payment is due according to your selected billing cycle
• You authorize us to charge your designated payment method
• All prices exclude applicable taxes unless stated otherwise
• Failed payments may result in service suspension

6.3 Message Credits

Pre-paid plans include a specified number of message credits. Additional messages may incur extra charges. Unused credits typically expire at the end of the billing period unless otherwise specified.

6.4 Refunds

Refund eligibility is determined by our Refund Policy. Generally, fees are non-refundable except as required by law or as specified in our Refund, Cancellations and Returns Policy.

7. Data Protection and Privacy

7.1 Your Responsibilities

You are responsible for:

• Obtaining proper consent from recipients before sending messages
• Complying with POPIA (Protection of Personal Information Act) and GDPR where applicable
• Maintaining accurate customer opt-in records
• Providing clear opt-out mechanisms in your communications
• Processing customer data lawfully and transparently

7.2 Our Commitment

We are committed to protecting your data and your customers' data. Please refer to our Privacy Policy for detailed information about how we collect, use, and protect personal information.

8. Intellectual Property

8.1 Our Rights

The Conek platform, including all content, features, functionality, software, trademarks, logos, and service marks, is owned by Conek (Pty) Ltd and protected by copyright, trademark, and other intellectual property laws.

8.2 Your Content

You retain all rights to the content you upload or transmit through our Service. By using our Service, you grant us a limited license to use, store, and transmit your content solely to provide the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about our Service may be used by us without obligation or compensation to you.

9. Service Availability and Support

9.1 Uptime and Maintenance

We strive to maintain high service availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible. We are not liable for service interruptions beyond our reasonable control.

9.2 Customer Support

Support is provided according to your subscription plan. Response times may vary based on issue complexity and support tier.

9.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, subject to applicable laws.

10. Limitation of Liability

To the maximum extent permitted by law:

• Conek shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the Service in the 1 month preceding the claim
• We are not responsible for third-party services, including WhatsApp's platform
• We do not guarantee specific results or outcomes from using our Service
• You use the Service at your own risk

11. Indemnification

You agree to indemnify, defend, and hold harmless Conek, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Violation of these Terms
• Violation of any rights of another party
• Your content or communications sent through the Service
• Non-compliance with applicable laws or regulations

12. Termination

12.1 By You

You may terminate your account at any time by contacting our support team. Termination does not entitle you to a refund of prepaid fees unless specified in our Refund Policy.

12.2 By Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• You fail to pay applicable fees
• Your account is involved in fraudulent or illegal activity
• We are required to do so by law
• Your use of the Service poses a risk to other users or our infrastructure
• Your account has been inactive (last login) for more than 6 months

12.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• We may delete your account data after a reasonable retention period
• You remain liable for any outstanding fees
• Provisions that by their nature should survive will continue to apply

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

13.3 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us to seek an informal resolution of any disputes.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending notice to your registered email address for significant changes

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Conek regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

16. Contact Information

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