TERMS & CONDITIONS

Effective Date: 1 June 2025

Provider: QCMD Marketing (Pty) Ltd
Governing Law: South African law
(Hereinafter “Provider”, “we”, “us”)
Customer: The party purchasing or subscribing to the Service (“Customer”, “you”, “your”)

1. Definitions

1.1 “Service” means the SaaS system described as the “FULL CRM & MARKETING SaaS System”, including access to modules such as CRM (Conversations; Calendars; Contacts; Opportunities; Payments), AI Agents (Agent Studio; Voice AI; Conversations AI; Knowledge Base; Agent Template & Content AI), Marketing (Social Planner; Emails; Snippets; Countdown Timers; Trigger Links; Brand Boards; Ad Manager), Automations (Workflows; Campaigns; Triggers), Sites (Funnels; Websites; Webinars; Analytics; Blogs; WordPress Integration; Client Portal; Forms; Surveys; Quizzes; Chat Widgets; QR Codes), Membership & Communities, Media Storage, Reputation Manager, Mobile App, Dashboard & LaunchPad.
1.2 “Base Package” means the standard offering: up to 20 users, up to 50 000 contacts, unlimited sends (no fair-use cap), usage-based credit system for certain features.
1.3 “Optional Extras” means features and services that carry additional costs beyond the Base Package—e.g., extra telephone numbers, Online Listings, AI Employee Unlimited Package, physical in-person training outside defined radius, WhatsApp Meta API subscription fees, Dedicated IP for mailing, premium features (including but not limited to these).
1.4 “User” means an individual you designate with access rights to the Service under your account.
1.5 “Contact” means a stored record of an individual or organisation in your CRM module.
1.6 “Credits” means advance loaded funds you deposit with us to use usage-based features of the Service.
1.7 “Training Hours” means the two (2) hours of online training included, and any physical training you commission.
1.8 “POPIA” refers to the Protection of Personal Information Act 4 of 2013 (South Africa).

2. Licence & Use Rights

2.1 Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-sublicensable, non-transferable right to access and use the Service solely for your internal business operations.
2.2 You may designate up to 20 Users under the Base Package. If you require more than 20 Users, you must purchase an upgrade to a higher tier (with no specified minimum increment beyond that).
2.3 You may store up to 50 000 Contacts under the Base Package and send unlimited communications (“Unlimited Sends”). There is no explicit fair-use cap, however we recommend you purchase a Dedicated IP for high-volume emailing to protect sender reputation.
2.4 You acknowledge that integrations with third-party services (e.g., WhatsApp Meta API) may require separate subscriptions/licences which are your responsibility. We disclaim liability for any third-party service or its terms.

3. Fees, Payment & Credits

3.1 The Service is billed on a usage-based model: You must load Credits upfront and set recharge levels. The Service ensures you keep a credit balance sufficient for usage.
3.2 Base Package fee covers up to 20 Users and 50 000 Contacts and unlimited sends under conditions above. Optional Extras will be charged in addition, at our standard rates or as per your agreed estimate.
3.3 Payment is taken monthly from the card you designate; the billing cycle is every 30 days from the date the Service commences.
3.4 Fees are non-refundable. You may cancel at any time but must provide 30 days’ written notice prior to the next billing cycle. No refunds will be given for unused time within a cycle.
3.5 We may change fees or pricing structure; we will notify you in advance of the change.

4. Training

4.1 Your Base Package includes two (2) hours of online training and unlimited Loom onboarding video clips. Unused online training must be scheduled within 3 months of your Service start date or expires.
4.2 Physical training at our offices (within a 30 km radius of Cape Town CBD) is charged at R 750 per hour. Training outside that radius will incur approved travel and accommodation costs based on an estimate we provide to you at least 7 days prior to the training date, which you must approve in writing.
4.3 All training services are separate and may carry separate invoices.

5. Optional Extras

5.1 Optional Extras (including but not limited to extra telephone numbers, Online Listings, AI Employee Unlimited Package, Dedicated IP, WhatsApp Meta API monthly subscription) are not included in the Base Package. You may elect to purchase them and will be billed according to our then-current rates or an agreed estimate.
5.2 We are not responsible for costs or failures associated with third-party subscriptions (e.g., WhatsApp Meta API monthly subscription) which are your obligation.

6. Data Ownership, Storage & Export

6.1 You retain ownership of all data you input (User Data, Contact Data etc). We act as processor/host-service for that data.
6.2 Upon termination or expiry of Service, you will have access for a 30-day data export period. Thereafter, we may dispose of your data and we shall not be liable for its loss.
6.3 We comply with POPIA and will take reasonable steps to protect personal information. For global customers, you agree to ensure your use of the Service complies with all applicable privacy laws including but not limited to POPIA.

7. Service Level & Maintenance

7.1 We strive to provide high availability and note that the underlying platform is backed by an uptime reputation in excess of 99 %. However, we do not guarantee any specific uptime or availability and disclaim all warranties to that effect.
7.2 We may suspend or limit the Service for maintenance, upgrades, or if you breach these Terms.

8. Acceptable Use & Prohibited Activities

8.1 You will use the Service only for lawful business purposes and in compliance with these Terms.
8.2 You agree not to: (a) sell, rent, lease, sublicense, transfer the Service; (b) reverse engineer, decompile, disassemble the Service; (c) use the Service in any way that violates laws, infringes rights of any third-party, or causes harm; (d) misuse the Service for spam, illegal campaigns, or other prohibited communications; (e) bypass technical restrictions; (f) allow more than your designated number of Users.
8.3 We reserve the right to suspend or terminate your access with notice (typically after three warnings) if you misuse the Service.

9. Termination

9.1 Either party may terminate the agreement by giving 30 days’ written notice prior to the next billing cycle.
9.2 We may immediately suspend or terminate your access if you materially breach these Terms (including non-payment or misuse).
9.3 Upon termination the obligations under Sections 6, 8, 10, 11 and 12 survive.

10. Intellectual Property

10.1 All intellectual property rights in the Service, software, documentation, trademark and related materials remain with the Provider or its licensors.
10.2 You receive no rights other than the limited licence under Section 2.
10.3 You retain rights to data you submit, subject to our rights under these Terms.

11. Limitation of Liability & Indemnification

11.1 To the maximum extent permitted by law, Provider’s total aggregate liability under or in connection with these Terms shall not exceed the total fees paid by you in the prior 12 months.
11.2 We exclude indirect, incidental, special or consequential damages.
11.3 You agree to indemnify, defend and hold us harmless from any claim arising from your breach of these Terms or your misuse of the Service.

12. Changes to Terms

We may amend these Terms at any time by posting the revised version on our website and notifying you. Your continued use after the change constitutes acceptance. If you do not agree, you must terminate your account in accordance with Section 9.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of South Africa. Any dispute arising will first be referred to mediation/arbitration before filing in South African courts.

14. Miscellaneous

14.1 If any provision is held unenforceable, the remainder remains in full force.
14.2 No waiver by us shall constitute a continuing waiver.
14.3 You may not assign your rights without our prior written consent; we may assign ours.

END OF TERMS & CONDITIONS