1. Agreement
These Terms of Service ("Terms") govern your use of the ChatReach platform ("the Service") operated by Sigma Mode (Pty) Ltd ("we", "us"), a company registered in the Republic of South Africa. By registering for or using the Service, you agree to these Terms.
2. The Service
ChatReach is a multi-tenant WhatsApp Business Cloud API platform that provides: a web dashboard for managing WhatsApp messaging; an API gateway for programmatic message sending; team management and conversation tools; billing, analytics, and reporting; and WhatsApp Flows and channel management.
3. Your Responsibilities
You must: maintain a valid Meta Business Account and WhatsApp Business Account; comply with Meta's WhatsApp Business Policy and Commerce Policy; obtain proper opt-in consent from recipients before sending messages; not use the Service for spam, unsolicited marketing, or any unlawful purpose; keep your account credentials secure; and comply with POPIA and all applicable South African laws regarding data protection and electronic communications.
4. Accounts and Access
You are responsible for all activity under your account. Each tenant account is isolated — you cannot access other tenants' data. We may suspend or terminate accounts that violate these Terms or Meta's policies.
5. Billing and Payment
The Service operates on a prepaid wallet model. You load credits via PayFast, which are used to pay for your monthly subscription plan. Message overage charges are deducted from your wallet balance in real time. All prices are in South African Rand (ZAR) and include VAT at the prevailing rate (currently 15%). PayFast processing fees are added to top-up amounts as disclosed at the point of payment. Refunds are issued as wallet credits, not cash refunds, unless required by law.
6. Free Trial
New accounts receive a 14-day trial with 10 free messages. No credit card is required. Trial accounts are limited to 1 phone line, 1 team member, and 1 API key. After the trial, you must subscribe to a plan and maintain wallet balance to continue using the Service.
7. Meta/WhatsApp Fees
Meta charges separate per-message fees for WhatsApp Business API usage. These fees are billed directly by Meta to your WhatsApp Business Account, not through ChatReach. Our platform fees are separate from and in addition to Meta's fees.
8. Service Level
We target 99.9% platform uptime. Planned maintenance windows will be communicated in advance. We are not responsible for WhatsApp/Meta service outages, as the messaging infrastructure is hosted by Meta. SLA policies may be agreed upon for Professional and Enterprise plan subscribers.
9. Data and Intellectual Property
You retain ownership of your data (messages, contacts, templates). We retain ownership of the platform, its code, design, and documentation. You grant us a limited licence to process your data solely to provide the Service.
10. Limitation of Liability
To the maximum extent permitted by South African law: the Service is provided "as is"; we are not liable for indirect, incidental, or consequential damages; our total liability is limited to the fees you paid in the 3 months preceding the claim; and we are not liable for actions taken by Meta/WhatsApp regarding your account, phone number, or message delivery.
11. Termination
You may cancel your subscription at any time. Unused wallet balance may be refunded at our discretion. We may terminate your account for violation of these Terms, Meta's policies, or non-payment. Upon termination, your data will be retained for the period specified in our Privacy Policy, after which it will be deleted.
12. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes will be subject to the jurisdiction of the courts of Gauteng, South Africa.
13. Contact
Sigma Mode (Pty) Ltd
Gauteng, South Africa
info@sigmamode.co.za