Terms of Service

BetterChat is provided by Kalypsi.

In these Terms:

• “BetterChat”, “we”, “us”, and “our” refer to Kalypsi and the BetterChat service..
• “Client”, “you”, and “your” refer to the business, organisation, or person using BetterChat..
• “End Customer” means a person who communicates with you through WhatsApp or another supported messaging channel..
• “Platform Data” means information or data made available through Meta, WhatsApp, or another platform used with BetterChat, including messages, phone numbers, profile information, message statuses, templates, media, account information, and related metadata..

BetterChat helps businesses manage customer conversations on WhatsApp and other supported channels.

Depending on your plan and configuration, BetterChat may allow you to:

• connect your WhatsApp Business Account or phone number.
• receive, view, assign, and reply to customer messages.
• manage team access to customer conversations.
• monitor message delivery and response activity.
• use approved WhatsApp message templates.
• view account, phone number, template, and message status information.
• use AI-assisted features such as summaries, suggested replies, or conversation insights.
• export or report on conversation and performance data.

You are responsible for how your business uses BetterChat.

You agree that you will:

• only use BetterChat for lawful business purposes.
• comply with applicable laws, including data protection, consumer protection, direct marketing, and electronic communications laws.
• obtain all notices, consents, permissions, and opt-ins required to communicate with End Customers.
• only send WhatsApp messages that comply with WhatsApp and Meta rules.
• keep your account login details secure.
• ensure that your users are authorised to access your workspace.
• not use BetterChat to send spam, unlawful, harmful, misleading, abusive, or fraudulent messages.
• not upload or transmit malware, harmful code, or content that infringes another person’s rights.
• not attempt to reverse engineer, disrupt, overload, or misuse the service.

You remain responsible for the content of messages sent by your users, your automations, your templates, and any third-party systems connected to BetterChat.

BetterChat connects with the WhatsApp Business Platform and related Meta services.

You acknowledge that:

• WhatsApp and Meta are third-party services and are not controlled by us.
• your use of WhatsApp through BetterChat is subject to applicable WhatsApp and Meta terms, policies, messaging rules, and review processes.
• WhatsApp or Meta may approve, reject, limit, suspend, or disable accounts, phone numbers, templates, messages, or features.
• we are not responsible for decisions, delays, outages, policy enforcement, pricing, or service changes by WhatsApp or Meta.
• some BetterChat features may stop working if your WhatsApp Business Account, phone number, permissions, access tokens, or Meta app access are changed, limited, or revoked.

You are responsible for ensuring that your WhatsApp use complies with WhatsApp's business, commerce, messaging, consent, and template rules.

BetterChat uses Platform Data and customer data only to provide, secure, support, maintain, and improve the BetterChat service.

This may include using data to:

• display and manage customer conversations.
• send and receive messages on your behalf.
• show message delivery, read, failure, and status updates.
• manage templates and related approval or quality statuses.
• identify the connected business, phone number, workspace, user, or conversation.
• provide analytics, reporting, search, summaries, and workflow features.
• troubleshoot technical issues.
• detect abuse, protect accounts, and maintain service security.
• comply with legal, platform, audit, or regulatory obligations.

We do not sell Platform Data. We do not use Platform Data for unrelated advertising.

Our Privacy Policy explains how we collect, use, store, share, retain, and delete personal information.

You must make sure that your own privacy notices explain how you use BetterChat and WhatsApp to communicate with End Customers.

Where applicable, you are responsible for complying with the Protection of Personal Information Act, 2013, and any other data protection laws that apply to your business or your End Customers.

You agree that you will not use BetterChat to collect or process sensitive personal information unless you have a lawful basis to do so and the processing is appropriate for your business purpose.

BetterChat may include AI-assisted features, such as draft replies, conversation summaries, suggested next steps, classification, analytics, or search assistance.

AI-generated outputs may be incomplete, inaccurate, or unsuitable for your specific situation. You are responsible for reviewing and approving any AI-generated content before sending it to an End Customer or relying on it for business decisions.

You must not use AI-assisted features to make legally significant, high-risk, or sensitive decisions about a person without appropriate human review and a lawful basis.

You are responsible for managing access to your BetterChat workspace.

You must ensure that:

• only authorised users are invited.
• users have appropriate roles and permissions.
• users who leave your business are removed promptly.
• login credentials are not shared.
• account activity is monitored where appropriate.

We may treat actions taken through your workspace as authorised by you unless you have notified us of unauthorised access and we have had a reasonable opportunity to act.

If BetterChat is provided under a paid plan, you agree to pay the applicable fees.

Unless otherwise agreed in writing:

• fees are charged according to the selected plan, usage, or agreed commercial terms.
• fees may exclude WhatsApp, Meta, messaging, hosting, integration, or third-party charges.
• you are responsible for any applicable taxes.
• overdue amounts may result in suspension or restriction of the service.

WhatsApp or Meta may charge conversation, messaging, template, or other platform fees. Unless otherwise agreed, those fees are your responsibility.

BetterChat may connect with third-party services, including WhatsApp, Meta, analytics tools, CRMs, calendars, payment services, AI providers, hosting providers, or other integrations.

We are not responsible for third-party services, their availability, security, pricing, terms, policies, or changes. Your use of third-party services may be subject to separate terms with those providers.

You may not use BetterChat to:

• violate any law, regulation, or platform policy.
• send spam or unlawful direct marketing.
• impersonate another person or business.
• mislead End Customers.
• harass, threaten, abuse, or discriminate against any person.
• process unlawful, harmful, or infringing content.
• attempt to gain unauthorised access to systems or data.
• interfere with the operation, security, or integrity of BetterChat.
• resell, sublicense, or provide access to BetterChat without our written permission.
• use BetterChat in a way that could harm Kalypsi, BetterChat, Meta, WhatsApp, our clients, or End Customers.

We may suspend or restrict access if we reasonably believe your use creates legal, security, platform, reputational, or operational risk.

We aim to provide a reliable service, but we do not guarantee that BetterChat will always be available, uninterrupted, secure, or error-free.

The service may be affected by:

• maintenance.
• updates.
• infrastructure issues.
• third-party outages.
• WhatsApp or Meta changes.
• network failures.
• security incidents.
• events outside our reasonable control.

We may change, suspend, or discontinue parts of the service where necessary.

We retain data for as long as reasonably necessary to provide the service, comply with legal obligations, resolve disputes, maintain security, and enforce our agreements.

You may request deletion or export of your workspace data by contacting us.

End Customers may request deletion of personal information by following the instructions on our Data Deletion page or by contacting the business they communicated with.

Some information may be retained where required or permitted for legal, security, audit, billing, fraud-prevention, dispute-resolution, or compliance purposes.

Each party may receive confidential information from the other.

The receiving party must protect confidential information using reasonable care and must not use or disclose it except as necessary to perform obligations under these Terms, operate the service, comply with law, or as otherwise authorised.

Confidential information does not include information that is public, already known, independently developed, or lawfully received from another source.

We own BetterChat, including its software, design, workflows, documentation, trademarks, logos, and related intellectual property.

You retain ownership of your business data, message content, customer records, and materials you provide to BetterChat.

You grant us the limited rights needed to host, process, transmit, display, store, secure, analyse, and support your data for the purpose of providing the service.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from BetterChat unless we have given written permission.

If you provide feedback, ideas, suggestions, or requests about BetterChat, we may use them without obligation to compensate you, provided we do not disclose your confidential information.

You may stop using BetterChat at any time.

We may suspend or terminate your access if:

• you breach these Terms.
• your use creates legal, security, operational, platform, or reputational risk.
• required fees are not paid.
• a third-party platform restricts or disables required access.
• we are required to do so by law or platform policy.

After termination, we may delete or retain data in line with our Privacy Policy, retention practices, legal obligations, and legitimate business needs.

BetterChat is provided on an \u201cas is\u201d and \u201cas available\u201d basis.

To the maximum extent permitted by law, we do not make warranties that the service will be uninterrupted, error-free, secure, suitable for a specific purpose, or compatible with every third-party service.

We do not guarantee that messages will always be delivered, that templates will be approved, that WhatsApp accounts will remain active, or that Meta or WhatsApp will continue to provide any particular feature.

To the maximum extent permitted by law, Kalypsi will not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, goodwill, data, business opportunity, or business interruption.

To the maximum extent permitted by law, our total liability for claims relating to BetterChat will be limited to the fees paid by you for the service in the three months before the event giving rise to the claim, or ZAR 1,000 if no fees were paid.

Nothing in these Terms limits liability that cannot legally be limited.

You agree to indemnify and hold Kalypsi harmless from claims, losses, damages, penalties, costs, and expenses arising from:

• your use of BetterChat.
• your messages, templates, campaigns, automations, or customer communications.
• your breach of these Terms.
• your breach of applicable law or platform policies.
• your failure to obtain required notices, consents, permissions, or opt-ins.
• claims by End Customers relating to your business or communications.

We may update these Terms from time to time.

If changes are material, we will take reasonable steps to notify you. Continued use of BetterChat after the updated Terms become effective means you accept the updated Terms.

These Terms are governed by the laws of the Republic of South Africa.

Unless otherwise required by law, disputes will be dealt with by the courts of South Africa.