Terms & Conditions of Service

Last updated: 6 July 2026

These Terms and Conditions ("Terms") form a binding agreement between you ("you", "the Customer") and Access Capital Holdings (Pty) Ltd, trading as Flowa ("Flowa", "we", "us", "our"), a company registered in the Republic of South Africa, governing your access to and use of the Flowa platform, websites, applications, APIs and related services (collectively, the "Service"). By registering for, accessing, or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

"Customer Data" means data you upload to or generate through the Service, including your contacts, messages and product information.
"End Customer" means a person your business communicates with or sells to using the Service.
"Third-Party Services" means services not operated by Flowa that the Service relies on or integrates with, including WhatsApp/Meta, SMS network operators, and payment processors such as Payfast.

2. Nature of the Service

Flowa provides software tools that let businesses communicate with their customers over WhatsApp and SMS, manage contacts and campaigns, sell products and analyse engagement. Flowa is a technology provider only. Flowa is not a party to any transaction, contract, or communication between you and your End Customers. You are solely responsible for the content you send, the goods or services you sell, your pricing, fulfilment, customer service, and compliance with all laws applicable to your business.

3. Eligibility & accounts

You must be at least 18 years old and duly authorised to bind the business you represent.
You are responsible for all activity under your account and for keeping your credentials confidential. Notify us immediately of any unauthorised use.
You must provide accurate, current information and keep it updated. We may suspend accounts with false, incomplete, or unverifiable information.

4. Subscriptions, fees & payment

Paid plans are billed in South African Rand (ZAR) in advance on a recurring monthly or annual basis via our payment processor, Payfast (a Network Group company).
Subscriptions renew automatically at the then-current rate at the end of each billing cycle unless cancelled before the renewal date in accordance with clause 5.
Fees are non-refundable except as expressly stated in our Refund Policy, which forms part of these Terms.
We may change fees on 30 days' notice; continued use after the change takes effect constitutes acceptance.
Per-message, template, and other usage charges levied by Third-Party Services (e.g. Meta/WhatsApp or SMS operators) are your responsibility and are in addition to Flowa's fees.
Platform transaction fee. Where you accept payments from your End Customers through the Service, Flowa charges a platform transaction fee calculated as a percentage of each successful transaction, at the rate applicable to your plan or as otherwise agreed in writing. This fee is in addition to, and separate from, any fees charged by the payment processor, and may be invoiced monthly in arrears or deducted at settlement where supported.
You are responsible for all taxes other than taxes on Flowa's income. Overdue amounts may accrue interest at the maximum rate permitted by law, and we may suspend the Service for non-payment.

5. Term, cancellation & termination

These Terms apply for as long as you use the Service. You may cancel at any time from your account settings or by emailing info@flowa.co.za; cancellation takes effect at the end of the current billing period and stops future renewals.
We may suspend or terminate your account or access, in whole or in part, with or without notice, if you breach these Terms, fail to pay, misuse the Service, or engage in conduct that in our reasonable opinion risks harm to Flowa, other users, End Customers, or Third-Party Services (including any conduct that threatens Flowa's WhatsApp Business or Meta accounts).
On termination your right to use the Service ceases immediately. Clauses that by their nature should survive (including 2, 7, 8, 9, 10, 11, 12, 13 and 15) survive termination.

6. Acceptable use

You must not, and must not permit any person to:

send spam, bulk unsolicited, or non-consensual messages, or breach WhatsApp's, Meta's, or any operator's business, commerce, or messaging policies;
message any person without a valid, documented opt-in, or fail to honour opt-out ("STOP") requests immediately;
transmit unlawful, fraudulent, misleading, defamatory, obscene, or infringing content, or content promoting illegal goods or activities;
use the Service to breach any law, including the Consumer Protection Act, POPIA, the Electronic Communications and Transactions Act, or any anti-money-laundering or sanctions law;
reverse-engineer, resell, scrape, overload, probe, or interfere with the Service or its security, or exceed API rate limits.

You are solely liable for your use of the Service and for all Customer Data, and you indemnify Flowa as set out in clause 9. We may remove content or restrict use that we reasonably believe breaches this clause.

7. Customer Data, privacy & POPIA

As between you and Flowa, you own your Customer Data. You are the responsible party (data controller) for the personal information of your End Customers, and Flowa acts as an operator (processor) on your instructions, as described in our Privacy Policy. You warrant that you have obtained all consents and have a lawful basis to collect, process, and message your End Customers through the Service, and you are responsible for your own compliance with POPIA and applicable privacy laws. You grant Flowa a non-exclusive licence to host and process Customer Data solely to provide, secure, and improve the Service.

8. Intellectual property

The Service, software, and all Flowa trademarks, branding, and content are and remain the exclusive property of Flowa and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes only. No other rights are granted. You may not use our name or marks without prior written consent.

9. Indemnity

You indemnify, defend and hold harmless Flowa, its shareholders, directors, employees, and agents from and against any claim, demand, loss, liability, fine, penalty, damage, or cost (including reasonable legal fees) arising out of or connected with: (a) your use of the Service; (b) your Customer Data or the content you send; (c) the goods or services you sell to End Customers; (d) your breach of these Terms or of any law; or (e) any dispute between you and an End Customer or a Third-Party Service.

10. Disclaimers & warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, availability, accuracy, or non-infringement. Flowa does not warrant that the Service will be uninterrupted, error-free, secure, or that messages will be delivered, read, or acted upon. Flowa is not responsible for the acts, omissions, outages, policy changes, pricing, or account decisions of Third-Party Services (including WhatsApp/Meta, SMS operators, or Payfast), which are outside our control. Nothing in these Terms excludes rights that cannot be excluded under the Consumer Protection Act, 2008 or other applicable law.

11. Limitation of liability

To the maximum extent permitted by law: (a) Flowa will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, however arising, even if advised of the possibility; and (b) Flowa's total aggregate liability arising out of or relating to the Service or these Terms, from all causes combined, is limited to the fees actually paid by you to Flowa in the three (3) months immediately preceding the event giving rise to the claim. These limits apply whether the claim is based in contract, delict, statute, or otherwise.

12. Third-Party Services

The Service depends on Third-Party Services that have their own terms, and your use of them is subject to those terms. Flowa does not control and is not responsible for Third-Party Services, and any change, suspension, fee, or discontinuation by them (including Meta/WhatsApp approvals, number bans, or template rejections) is not a breach by Flowa and does not entitle you to a refund except as stated in the Refund Policy.

13. Force majeure

Flowa is not liable for any failure or delay caused by events beyond its reasonable control, including load-shedding or power failure, network or internet outages, acts of Third-Party Services, cyber-attacks, natural disasters, government action, or labour disputes.

14. Changes to these Terms

We may amend these Terms from time to time. Material changes will be posted on this page with a new effective date and, where reasonable, notified to you. Your continued use of the Service after changes take effect constitutes acceptance.

15. Dispute resolution & governing law

These Terms are governed by the laws of the Republic of South Africa. The parties will first attempt to resolve any dispute in good faith by negotiation. Failing resolution within 15 business days, the dispute may be referred to confidential arbitration in Johannesburg under the rules of the Arbitration Foundation of Southern Africa (AFSA), save that either party may approach a competent court for urgent or interim relief. You consent to the jurisdiction of the Magistrate's Court for any claim within its jurisdiction, without limiting Flowa's right to bring proceedings in a higher court.

16. General

Entire agreement: these Terms, the Refund Policy and the Privacy Policy are the entire agreement between the parties and supersede all prior arrangements.
Severability: if any provision is found unenforceable, it is severed and the remaining provisions continue in effect.
No waiver: a failure to enforce any provision is not a waiver of it.
Assignment: you may not assign these Terms without our written consent; we may assign them to an affiliate or successor.
Notices: notices to Flowa must be sent to info@flowa.co.za.

17. Contact

Access Capital Holdings (Pty) Ltd t/a Flowa
Email: info@flowa.co.za
Republic of South Africa

These Terms are provided in good faith and are intended to be fair and lawful. They do not limit any rights you have under the South African Consumer Protection Act, 2008 or other law that cannot be excluded by agreement.