Terms of Service

1. Acceptance

These Terms of Service (the “Terms”) form a binding agreement between you (the “Customer”) and Sinosa Trading (Pty) Ltd, registration number 2013/053370/07, of 58 Eden on the Bay, Milnerton, Cape Town, South Africa (“Sinosa”, “we”, “us”) governing your use of the Blueticked platform and related services (the “Service”). By creating an account or using the Service you agree to these Terms.

2. The Service

Blueticked is a multi-channel customer-messaging platform that connects you to WhatsApp, SMS, email and Telegram, providing a unified inbox, campaign tooling, AI-agent automation, and a sites-builder product. The Service is provided on a subscription basis, billed in South African rand.

3. Eligibility and account

• You must be at least 18 years old and legally capable of contracting
• You must register an account in the name of a real person or business with accurate details
• You are responsible for safeguarding your credentials and for all activity under your account
• You must notify us promptly at security@blueticked.com if you suspect unauthorised access

4. Subscription, billing and refunds

• Plans are billed monthly or annually in advance, in South African rand and including 15% VAT where applicable
• Usage-based charges (per-message fees, per-AI-token fees, per-site-render fees) accrue during the billing period and are charged at the end of that period
• You authorise us and our payment processor to charge your nominated method on each renewal
• Failed payments may result in suspension after seven days' notice
• Subscription fees paid in advance are non-refundable unless required by law; usage-based charges already accrued remain payable on termination
• We may change pricing on at least 30 days' notice; changes take effect at your next renewal

5. Acceptable use

You may not, and may not permit others to:

• Send unsolicited bulk messages, spam, or any content that violates the WhatsApp Business Solution Terms or other carrier policies
• Send content that is unlawful, defamatory, fraudulent, infringing, harassing, or otherwise harmful
• Use the Service to send messages to recipients who have not given the legally required consent
• Reverse engineer, copy, or attempt to extract the Service's source code, except as permitted by law
• Resell or sublicense the Service without our prior written agreement
• Probe, scan, or test the vulnerability of the Service or breach security or authentication measures
• Use the Service in connection with weapons systems, mass-surveillance programmes, or any activity prohibited under South African or international export-control law

6. Customer data

As between you and us, you retain all rights to data you upload or generate through the Service (“Customer Data”). You grant us a limited, non-exclusive licence to host, process and transmit Customer Data solely to provide the Service. Our handling of personal information forming part of Customer Data is governed by our Privacy Policy and any data-processing addendum signed between us.

7. Suspension and termination

• You may cancel at any time from your account dashboard; cancellation takes effect at the end of the current billing period
• We may suspend or terminate your account on notice for material breach of these Terms, repeated violations of acceptable-use rules, non-payment, or to comply with a law-enforcement order
• On termination we will provide an export of your Customer Data on request for 30 days, after which it will be deleted in line with our retention schedule
• Sections 6, 8, 9, 10, 11, 12, 13 and 14 survive termination

8. Intellectual property

The Service, including all software, models, designs, brand assets, and documentation, is the exclusive property of Sinosa or its licensors. Nothing in these Terms transfers any such rights to you. Feedback you provide may be used by us without obligation or attribution.

9. Confidentiality

Each party will protect the other's non-public information with the same care it uses for its own (no less than reasonable care), and will use it only to perform under these Terms. This obligation survives termination for three years.

10. Warranties and disclaimer

We will use commercially reasonable efforts to provide the Service in line with our published documentation. Except as expressly stated, the Service is provided “as is” and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

11. Limitation of liability

To the maximum extent permitted by South African law, our aggregate liability under or in connection with these Terms is limited to the fees you paid us in the twelve months preceding the claim. Neither party is liable for indirect, incidental, consequential, or special damages, lost profits, or loss of data, even if advised of the possibility. Nothing in this clause limits liability that cannot be limited under the Consumer Protection Act 68 of 2008 or POPIA.

12. Indemnification

You will defend and hold us harmless against third-party claims arising from your Customer Data, your use of the Service in violation of these Terms, or your breach of acceptable-use rules.

13. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of state, war, riots, fire, flood, sabotage, labour disputes, internet or telecommunications outages, or actions by upstream providers (including Meta or any of the underlying carriers).

14. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town. Either party may, before approaching the court, refer a dispute to mediation by mutual agreement.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced to account holders by email at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

16. Contact

Sinosa Trading (Pty) Ltd
58 Eden on the Bay, Milnerton, Cape Town, South Africa
Email: legal@blueticked.com