Terms of Service

By accessing or using the Qwikly platform (the “Service”), you agree to be bound by these Terms of Service (“Terms”) and all applicable South African laws and regulations. If you do not agree to these Terms, you may not use the Service.

You must be at least 18 years old and legally capable of entering into binding contracts under South African law to use the Service. By using Qwikly on behalf of a business, you represent that you have the authority to bind that business to these Terms.

These Terms constitute the entire agreement between you and Qwikly (operated by Clarke Agency, Cape Town, South Africa) regarding your use of the Service.

Qwikly is a digital assistant platform designed for South African service businesses. The Service consists of two core offerings: (a) a website-embedded digital assistant that captures and qualifies inbound leads from visitors and emails them to the business owner, and (b) Outbound, a daily hand-picked list of prospective customers delivered to the subscriber.

Features include, but are not limited to: a website chat widget, lead qualification, email lead notifications to the business owner, a client dashboard with conversation transcripts, and the Outbound daily prospect list.

Qwikly uses third-party infrastructure including Claude by Anthropic (digital assistant response generation) and Supabase (data storage). Service availability is provided on a best-efforts basis. We do not guarantee 100% uptime and are not liable for downtime caused by third-party service providers, force majeure, or factors outside our reasonable control.

The Service is intended for use by businesses registered or operating in the Republic of South Africa. Use from other jurisdictions is at the user’s own risk and must comply with all applicable local laws.

You agree to provide accurate, current, and complete information when creating your account and to maintain the accuracy of that information at all times. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree that you will not:

• ·Use the Service for any unlawful purpose or in violation of any South African law or regulation
• ·Use the Service to send unsolicited communications in contravention of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) or the CAN-SPAM Act equivalent provisions
• ·Upload, transmit, or distribute any content that is defamatory, obscene, fraudulent, or that infringes any third party's intellectual property rights
• ·Attempt to gain unauthorised access to any part of the Service or its underlying infrastructure
• ·Reverse engineer, decompile, or disassemble any part of the Service
• ·Resell or sublicense access to the Service without our prior written consent
• ·Use the Service to collect or harvest personal information of third parties in violation of POPIA
• ·Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• ·Introduce malware, viruses, or any harmful code into the Service
• ·Use the Service in a manner that could damage, disable, overburden, or impair it

You are solely responsible for ensuring that your use of Qwikly complies with all applicable laws, including the Consumer Protection Act 68 of 2008 and POPIA. You must obtain all necessary consents from your customers before their contact information is processed by the Service.

Flat Monthly Subscription

Qwikly is billed as a flat monthly (or annual) subscription. There are no per-job fees, no commissions, and no setup fees. The applicable plan and pricing at the time of subscription are as set out on the pricing page. Current plans are:

• ·Free Trial, 7 days free, full feature access, no card required
• ·Starter, R699/month (up to 30 qualified leads per month, 1 dashboard user, email support)
• ·Pro, R1,799/month (up to 100 qualified leads per month, 3 dashboard users, custom branding, custom greeting and qualifying questions)
• ·Business, R3,999/month (up to 400 qualified leads per month, unlimited users, custom branding, CSV export, priority 4-hour support)
• ·Enterprise, from R7,999/month (1,500+ qualified leads per month, full white-label, API access, dedicated 1-hour SLA support, custom volume pricing on request)
• ·Annual billing is available at a 15% discount off the monthly rate
• ·Subscription fees are billed monthly in advance on the anniversary of your sign-up date
• ·Payment is due on the billing date; failure to pay may result in suspension of the Service
• ·Top-up leads over your monthly cap are billed at your plan's per-lead rate: R23 on Starter, R20 on Pro, R12 on Business, custom on Enterprise

Refund Policy

All subscription fees are non-refundable. Cancellations take effect at the end of the current billing cycle and you retain access until that date. No refunds are issued for partial billing periods, unused time, or any other reason, except where expressly required by the Consumer Protection Act 68 of 2008 or other applicable South African law.

Late Payment

Invoices not settled within 14 days of the billing date may result in suspension of your account. Persistent non-payment may result in termination. We reserve the right to charge interest on overdue amounts at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975.

Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately and are billed on a pro-rata basis for the remainder of the current billing cycle. Downgrades take effect at the start of the next billing cycle. Disputes regarding billing must be raised within 30 days of the relevant invoice date by contacting hello@qwikly.co.za.

Taxes

All fees quoted are exclusive of VAT. If Qwikly becomes a registered VAT vendor, VAT at the applicable rate will be added to invoices. You are responsible for any taxes applicable to your own business.

Qwikly takes its obligations under the Protection of Personal Information Act 4 of 2013 (“POPIA”) seriously. By using the Service, you acknowledge that personal information collected from your customers will be processed by Qwikly as an “operator” on your behalf, and that you, as the business owner, are the “responsible party” under POPIA.

You warrant that you have obtained all necessary consents from your customers to allow their personal information (including chat transcripts, contact details, and lead information) to be processed by Qwikly and its sub-processors (Anthropic, Supabase) for the purposes of delivering the Service.

Qwikly will process personal information only to the extent necessary to provide the Service and will implement reasonable technical and organisational measures to protect personal information against unauthorised access, loss, or destruction. Full details of our data practices are set out in our Privacy Policy.

Data subjects whose personal information is processed through the Service have the right to access, correct, or request deletion of their information. Requests should be directed to hello@qwikly.co.za.

The Qwikly platform, including its software, design, branding, content, and technology, is owned by Clarke Agency and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for your own business purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse engineer or attempt to extract the source code of the Service. You may not use Qwikly’s trademarks, logos, or branding without our prior written consent.

You retain ownership of all data and content you provide to the Service, including your business information, service listings, and customer data. You grant Qwikly a limited licence to use this data solely to provide and improve the Service.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW, QWIKLY’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO QWIKLY IN THE 3 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR USERS ON A FREE TRIAL, THIS LIMIT IS R0.

QWIKLY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

QWIKLY IS NOT RESPONSIBLE FOR THE CONTENT OF AUTOMATED MESSAGES SENT ON YOUR BEHALF WHERE SUCH CONTENT IS BASED ON INFORMATION YOU PROVIDED. YOU REMAIN RESPONSIBLE FOR ENSURING ALL COMMUNICATIONS SENT THROUGH THE SERVICE COMPLY WITH APPLICABLE LAW.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under South African law.

Force Majeure: Qwikly is not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, acts of government, pandemics, power outages, internet infrastructure failures, or acts of third-party service providers.

You agree to indemnify, defend, and hold harmless Qwikly, Clarke Agency, and their respective directors, employees, and agents from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

• ·Your use of the Service in violation of these Terms
• ·Your violation of any applicable law or regulation, including POPIA
• ·Your infringement of any third-party rights
• ·Any content you provide to the Service
• ·Your failure to obtain required consents from your customers

You may terminate your account at any time by contacting us at hello@qwikly.co.za. Termination takes effect at the end of the current billing cycle. Any subscription fees already paid for the current billing cycle are non-refundable.

We may suspend or terminate your account immediately, with or without notice, if we have reasonable grounds to believe you have violated these Terms, are using the Service to engage in unlawful activity, or pose a risk to other users or the integrity of the platform.

Upon termination, your right to access the Service ceases immediately. We will retain your data for a period of 90 days after termination, after which it will be deleted from our systems, except where we are required by law to retain it for longer. You may request a data export before this period expires.

Sections 5 (Data Handling), 6 (Intellectual Property), 7 (Limitation of Liability), 8 (Indemnification), 10 (Governing Law), and 11 (Disputes) survive termination.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. The courts of South Africa shall have exclusive jurisdiction over any dispute arising from or related to these Terms or your use of the Service.

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute informally by providing written notice describing the dispute. The parties will have 30 days from the date of notice to attempt good-faith resolution.

If informal resolution fails, disputes shall be submitted to binding arbitration administered under the Arbitration Act 42 of 1965 (as amended), with proceedings conducted in Cape Town, South Africa, in the English language. The arbitrator’s decision shall be final and binding on both parties.

Nothing in this clause prevents either party from seeking urgent relief from a court of competent jurisdiction where delay would cause irreparable harm.

We may update these Terms from time to time. For material changes, we will notify you by email at least 30 days before the changes take effect. Continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

The “Last updated” date at the top of this page always reflects the most recent revision. We encourage you to review these Terms periodically.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Qwikly regarding the Service and supersede all prior agreements.

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

Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets without notice.

No Partnership. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Qwikly.

For any questions about these Terms or the Service, please contact us:

Also see our Privacy Policy.