This Privacy Policy describes the policies and procedures of Kwico Digital Labs (Pty) Ltd, registration number
2026/497744/07, a private company incorporated in the Republic of South Africa with its registered address at
148 Acacia Road, Northcliff, Gauteng, 2195, trading as “Kwico” (“Kwico”, “we”, “us”), on the collection, use,
and disclosure of the User’s information when the Kwico Service (the “Service”) is used.
Kwico is the responsible party, as that term is defined in the Protection of Personal Information Act 4 of
2013 (“POPIA”), in respect of the personal information processed in connection with the Service, save for
personal information collected from visitors to a User’s website (through a contact or enquiry form, for
example), in respect of which the User is the responsible party and Kwico acts only as the User’s operator, as
set out in clause 7.3 of the Terms and Conditions of Use.
Kwico is affiliated with Pronto Digital Labs, Inc., a Delaware corporation, which provides certain technical,
hosting and payment-processing functions in support of the Service. Pronto Digital Labs, Inc. acts as an
operator processing personal information on Kwico’s behalf and on Kwico’s instruction. Kwico remains
responsible to the User for all processing of personal information in connection with the Service.
Kwico uses the User’s Personal Data to provide, maintain, and improve the Service, including building,
previewing, hosting, and maintaining the User’s custom business website based on their WhatsApp messages. By
using the Service, the User agrees to the collection and use of information in accordance with this Privacy
Policy.
1.Nature and Purpose of the Information We Collect
The Service exists for one purpose: to build, publish, host and maintain a public website for the User’s
business.
Accordingly, the information the User provides to us through the WhatsApp conversation is information that
the User intends to be published on their website and made available to the public at large. The User
provides it to us precisely so that it may be displayed to the whole world on the internet. Business names,
descriptions of services, trading hours, physical locations, contact numbers, email addresses, photographs
and similar material are supplied for the express purpose of public display.
We are interested only in information of this nature. We do not solicit, and we have no use for, personal
information that is not destined for publication on the User’s website. Where a User volunteers information
that is not required for, and does not end up being published on, the website, we do not use that
information for any purpose and we do not retain it beyond what is operationally necessary to conduct the
conversation, whereafter it is deleted in accordance with our retention practices below.
Users should therefore understand and accept that information they supply for inclusion on their website
will, once the website goes live, be publicly accessible and outside the practical control of Kwico in the
sense that it may be viewed, copied, indexed by search engines, and cached by third parties. That is the
intended outcome of the Service.
If a User sends us information that the User does not want published, the User must tell us so, and we will
exclude it from the User’s website and delete it from our records.
2.Collecting and Using Personal Data
2.1 Personal Data
We collect Personal Data the User provides via WhatsApp messages, such as:
- Phone number.
- Business name, services offered, location and areas served, contact details.
- Tone preferences, specific requirements, images and photographs the User uploads for their site.
- Payment-related details (processed securely via our payment processor; Kwico does not store card
information).
- Any other information the User voluntarily shares during the conversation to build or refine their
website.
Kwico minimises collection to only what is necessary for generating, previewing, deploying, and maintaining
a User’s custom website.
2.2 Usage Data
Collected automatically, including:
- Conversation metadata (timestamps, message content for context and state).
- Device information (IP address, mobile operating system, browser if accessing previews or the
dashboard).
- Interaction logs (preview views and feedback rounds, for example).
2.3 Information from WhatsApp
Kwico receives data via the WhatsApp Business API. We do not access the User’s full WhatsApp contacts or
personal chats; only messages the User sends to us. Kwico does not collect data from third-party social
media logins.
2.4 Tracking Technologies and Cookies
Kwico uses minimal cookies and beacons on preview links, the dashboard, and site elements. These are
primarily session-based and used for functionality.
3.Use of the User’s Personal Data
Kwico uses Personal Data for:
- Providing our Service: processing WhatsApp conversations to generate, refine, deploy
and maintain the User’s website, and publishing the User’s business information on that website.
- Managing the User’s Account: conversation state, site versions, subscription
status.
- Performing the contract: building the site, handling payments and subscriptions,
domain registration.
- Communicating: sending previews, updates, billing links and support via
WhatsApp.
- Improving the Service: internal analysis and debugging.
- Compliance and security: fraud prevention and legal obligations.
Kwico does not use the User’s data for general AI training beyond internal fine-tuning for Kwico’s own
Service.
Kwico does not engage in direct marketing. We do not send unsolicited messages, we do not buy, rent or use
contact lists, and we do not message any person who has not first contacted us or asked to be contacted by
us (by purchasing the Service through one of our partners, for example).
By sending us a message on WhatsApp, the User asks to receive replies from Kwico about the Service. Outside
an active conversation, we may send the User a WhatsApp message template approved by Meta, only for purposes
connected to the User’s website or subscription (a notice that a preview is ready, a billing or payment
notice, or a service update, for example). These are service communications and not direct marketing.
Should Kwico wish to send the User a message promoting any product or service, it will do so only with the
User’s prior consent, or where the User is an existing customer and the requirements of section 69(3) of
POPIA are met. Every such message will identify Kwico and explain how to stop receiving them.
The User may stop receiving messages from Kwico at any time, other than replies the User asks for, by
replying “STOP”, by blocking our number, or by emailing
hello@heykwico.com. We record and honour every such request.
4.Sharing of Personal Information
We may engage carefully selected third-party service providers to assist us in providing, operating,
maintaining and improving our services. These service providers may include providers of cloud hosting and
infrastructure, database and storage services, communications and messaging services, payment processing,
website and domain services, cybersecurity, analytics, and artificial intelligence services. Such service
providers may process personal information on our behalf where reasonably necessary to provide the relevant
services. We require service providers that process personal information on our behalf to implement
appropriate technical and organisational safeguards and, where applicable, to be bound by appropriate
contractual data-processing and confidentiality obligations. We may also disclose personal information to
professional advisers, regulatory authorities, law-enforcement agencies, courts, or other third parties
where required or permitted by law, or where reasonably necessary to protect our rights, property, users or
services. We do not disclose personal information to third parties for their own independent marketing
purposes without an appropriate lawful basis or, where required, your consent. The categories of service
providers used by us may change from time to time as our services and technology develop; however, any such
providers will be engaged only for purposes consistent with this Privacy Policy and subject to applicable
data-protection requirements.
Our affiliate, Pronto Digital Labs, Inc., is one such service provider and processes personal information
on our behalf as an operator, subject to the same obligations.
For the avoidance of doubt, the publication of the User’s business information on the User’s own website is
not a “sharing” of personal information with a third party. It is the very outcome the User has instructed
us to achieve.
Kwico does not sell the User’s Personal Data.
5.Retention of Personal Data
Kwico retains data only as long as necessary:
- Active subscriptions: full conversation history and site data, for updates and
support.
- Post-cancellation: limited data for 30 to 90 days, whereafter it is deleted.
- Usage Data: shorter periods, for analysis and security.
- Information not published on the User’s website: not retained beyond what is
operationally necessary to conduct the conversation and deliver the Service.
Retention complies with our legal obligations, and we may retain records for longer where a law requires or
authorises us to do so.
6.Transfer of Personal Data Outside South Africa
Kwico is a South African company. However, the technical infrastructure supporting the Service, including
hosting, database and payment-processing services, is located in the United States and in other locations
where our cloud providers operate. Personal information is accordingly transferred outside the Republic of
South Africa, including to our affiliate Pronto Digital Labs, Inc.
Such transfers are made in accordance with section 72 of POPIA, on the basis that the recipient is subject
to a law, binding corporate rules or binding agreement which provides an adequate level of protection
substantially similar to POPIA, or on such other lawful basis as may apply, including that the transfer is
necessary for the performance of the contract between the User and Kwico, or the User’s consent.
7.Your Privacy Rights Under POPIA
Under POPIA and other applicable laws, a data subject has the right to:
- Be notified that personal information about them is being collected.
- Request confirmation, free of charge, of whether we hold personal information about them, and to request
a record or description of that information.
- Request the correction, destruction or deletion of personal information that is inaccurate, irrelevant,
excessive, out of date, incomplete, misleading or obtained unlawfully.
- Object, on reasonable grounds, to the processing of their personal information.
- Withdraw consent where processing is based on consent (which may result in termination of the
Service).
- Not be subject to a decision based solely on automated processing intended to profile them.
- Submit a complaint to the Information Regulator.
- Institute civil proceedings regarding an alleged interference with the protection of their personal
information.
Requests for access to information are dealt with in accordance with the Promotion of Access to Information
Act 2 of 2000 (“PAIA”) and Kwico’s PAIA and POPIA Manual, which is
available on our website and on request.
9.Complaints to the Regulator
A data subject who is not satisfied with the manner in which we have dealt with their personal information
may lodge a complaint with the Information Regulator (South Africa) at:
- Address
- Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191
- Postal address
- P.O. Box 31533, Braamfontein, Johannesburg, 2017
10.Security of Personal Data
We secure the integrity and confidentiality of the personal information in our possession or under our
control by taking appropriate, reasonable technical and organisational measures, having regard to the fact
that the information Users supply in the conversation is supplied for publication on their websites. Those
measures include encryption of information in transit; storage of account and website data with reputable
hosting and database providers that encrypt data at rest; restriction of access to our systems to authorised
personnel using individual credentials and multi-factor authentication; secure storage of passwords,
credentials and system keys; the processing of payment card data exclusively by our payment processor, so
that Kwico never receives card numbers; regular backups; and periodic review of these measures in response
to new risks.
No method of transmission or storage over the internet is completely secure, and we cannot guarantee
absolute security.
Where there are reasonable grounds to believe that personal information has been accessed or acquired by an
unauthorised person, we will notify the Information Regulator and the affected data subjects as required by
section 22 of POPIA.
11.Children’s Privacy
The Service is not intended for anyone under the age of 18. We do not knowingly collect the personal
information of children. If we discover that we have collected such information, we will delete it.
12.Links to Other Sites
Previews or links may lead to third-party sites (the User’s live domain, for example). We are not
responsible for the privacy practices of those sites.
By using our Services, including but not limited to initiating a WhatsApp chat or subscribing, you irrevocably
agree to be bound by these terms and conditions (“Terms”).
These Terms form a binding agreement between you (the “User”) and Kwico Digital Labs (Pty) Ltd, registration
number 2026/497744/07, a private company incorporated in the Republic of South Africa with its registered
address at 148 Acacia Road, Northcliff, Gauteng, 2195, trading as “Kwico” (“Kwico”).
Kwico is the contracting party and is solely responsible to the User for the provision of the Services. Kwico
is affiliated with Pronto Digital Labs, Inc., a Delaware corporation, which performs certain technical,
hosting, domain and payment-collection functions on Kwico’s behalf. Where any payment is collected, or any
technical function performed, by Pronto Digital Labs, Inc. or any other affiliate or service provider, it does
so for and on behalf of Kwico, and Kwico remains responsible to the User in respect of the Services.
1.Description of Services
Kwico provides a service where the User describes their business via WhatsApp, and our AI agent generates,
refines, and deploys a unique and custom website based on the User’s input. The Services include:
- Conversational website building via WhatsApp.
- Generation of tailored website content, structure, and design.
- Preview links for review before going live.
- Publication and hosting of the website, either on a domain owned by Kwico or on the User’s own custom
domain.
- Registration and administration of custom domain names on the User’s behalf.
- Ongoing maintenance and custom updates as part of an active subscription.
- A personal dashboard providing statistics of traffic on the User’s website.
- Access to Kwico’s referral programme.
WhatsApp is used only as the communication and delivery channel for this service. Kwico is not a
general-purpose artificial intelligence assistant, large language model distributor, or open-ended
conversational AI provider. The primary service we offer is professional website creation, hosting, and
maintenance for small businesses. Any automated processing or generation that occurs during the WhatsApp
conversation is strictly incidental and ancillary to this core business service, as permitted under the
WhatsApp Business Solution Terms.
We do not provide, offer, or distribute general-purpose AI capabilities; all interactions are scoped
exclusively to website-related tasks for your specific business.
3.Eligibility and Account
To use the Services, you must be at least 18 years old and capable of forming a binding contract under South
African law. Your WhatsApp phone number serves as your primary identifier and account. No separate username
or email is required for initial interactions, but you will be required to provide additional details to
create a Kwico profile, for payments and domain registration.
You agree to provide accurate, current, and complete information during the WhatsApp conversation. You are
responsible for maintaining the confidentiality of any payment or domain details shared.
4.Tiers, Subscription and Payment
4.1 Tiers
Kwico offers the Services on two tiers:
- Free tier: the website is published and hosted on a domain owned by Kwico, at no
charge to the User.
- Pro tier: the website is published and hosted on the User’s own custom domain, against
payment of the monthly subscription fee set out below.
The free tier is provided “as is” and without any service level commitment. Kwico may modify, limit, suspend
or discontinue the free tier, or any website published under it, at any time.
4.2 Fees
Kwico charges a subscription fee of R199.00 (one hundred and ninety-nine Rand) per month, per website, for
the Pro tier, covering the creation, hosting, and ongoing management of each custom website, including
access to a personal dashboard for viewing traffic statistics.
Where the User holds more than one website on the Pro tier, the fee is payable separately in respect of each
website.
Fees are subject to change on 30 days’ notice.
4.3 Currency and Conversion
Although the subscription fee is denominated in South African Rand, all charges are processed and debited in
United States Dollars (USD) through our payment processor, Stripe.
The USD amount debited in any given month is the Rand fee converted into USD at the exchange rate applied by
Stripe (or the relevant financial institution) at the time the charge is processed. Because exchange rates
fluctuate, the USD amount debited will vary from month to month, and the amount ultimately reflected on your
bank or card statement in Rand may differ from R199.00.
That final amount may be affected by:
- the prevailing exchange rate at the time of the charge;
- currency conversion fees charged by Stripe, your card issuer or your bank;
- international transaction fees, cross-border fees, or similar charges imposed by your bank or card
issuer.
Kwico has no control over exchange rates or over any fee imposed by Stripe, your card issuer or your bank,
and is not responsible or liable for any such difference, fluctuation, additional fee, or resulting cost. By
subscribing, you accept that the Rand amount debited from your account may be more or less than R199.00 in
any given month for these reasons.
4.4 Billing
Subscriptions are billed monthly in advance and auto-renew unless cancelled. You authorise Kwico (via Stripe)
to charge your provided payment method for the recurring fee. If a payment attempt fails, we or Stripe will
reattempt processing. Continued failure may result in suspension or termination of your subscription and
website access (see clause 9).
4.5 Taxes
You are responsible for any applicable taxes, duties, or levies imposed on the subscription fees in your
jurisdiction. Currently, no VAT or similar sales tax is applied by Kwico. If tax obligations arise in the
future (due to regulatory changes or your location, for example), they will be added to the billed amount
where required and you will receive the necessary communication in this regard.
4.6 Refunds
Subscriptions are non-refundable, save to the extent required by the Consumer Protection Act 68 of 2008
(“CPA”) or the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”). You may cancel your
subscription at any time via WhatsApp or by contacting us, but no prorated refunds will be issued for
partial billing periods. Upon cancellation, your website will remain accessible until the end of the current
paid period, after which it will be taken offline (see clause 9).
5.Referral Programme
-
5.1
Kwico operates a referral programme which is available to Users on both the free tier and the Pro
tier.
-
5.2
A participating User may be issued with a personal referral code. Where another person subscribes to
the Services using that code, certain benefits may be conferred on the User to whom the code was
issued. Those benefits may include discounts on subscription fees, account credits, or cash rewards, as
determined by Kwico from time to time.
-
5.3
The nature, value, structure, eligibility criteria and availability of referral benefits are determined
by Kwico in its discretion and are subject to change, suspension or withdrawal at any time. No User
acquires a vested right to any referral benefit that has not yet accrued.
-
5.4
Referral codes are personal to the User to whom they are issued and may not be sold, traded,
transferred or published for indiscriminate distribution.
-
5.5
Kwico may withhold, reverse or cancel a referral benefit where the referral is fraudulent,
self-referred, obtained through unsolicited bulk communication or misrepresentation, or where the
referred subscription is cancelled, reversed or charged back.
-
5.6
Kwico’s determination of whether a valid referral has occurred, and whether a benefit is payable, is
final in the absence of manifest error, without prejudice to any right the User may have under the
CPA.
-
5.7
Where a referral benefit is payable in money, payment will be made in the manner and at the intervals
determined by Kwico.
6.Intellectual Property
6.1 Kwico’s IP
All websites generated through the Services, including templates, code, AI-generated content (headlines and
descriptions, for example), structure, and design elements, are the intellectual property of Kwico and
protected under the Copyright Act 98 of 1978 and the Patents Act 57 of 1978 (where applicable). You are
granted a limited, non-exclusive, revocable licence to use the website solely for your business purposes
during your active subscription.
Kwico retains all rights, title, and interest in the underlying technology, AI models, prompts, and any
derivatives created from the Services.
6.2 User Content
You retain ownership of any content you provide, including your business name, descriptions, photographs,
images, logos and other media (“User Content”). By providing User Content, you grant Kwico a non-exclusive,
worldwide, royalty-free licence to host, store, cache, reproduce, copy, transmit, display, publish, adapt,
format, modify and incorporate your User Content into your website, preview links and dashboard as part of
the Services. The licence lasts for as long as you use the Services and thereafter for the period reasonably
required to remove your User Content and delete it from backups in accordance with the
Privacy Policy. Kwico may sub-license these rights to its hosting,
infrastructure and service providers, and to any partner through which the Services are provided to you,
solely to the extent necessary to provide the Services. You warrant that you own your User Content or hold
all rights necessary to grant this licence, and that your User Content does not infringe the rights of any
third party.
Notwithstanding Kwico’s ownership of the website as contemplated in clause 6.1, you remain the author,
originator and publisher of all substantive content displayed on your website, being the business
information, descriptions, claims, prices, images and other material you supplied or instructed us to
publish. Kwico’s ownership extends to the code, templates, structure, layout and design elements of the
website, and not to the truthfulness, lawfulness or suitability of the content you supplied. Responsibility
for that content, and for the lawfulness of every activity conducted through the website, rests with you.
6.3 Website Ownership and Buyout
Your website remains Kwico’s intellectual property. Upon subscription termination or payment failure, the
website will be taken offline immediately (see clause 9). If you wish to
obtain full ownership and have Kwico export the website (as static HTML files, for example) for use
elsewhere, you may request this by paying a flat fee of $300.00 USD. Upon payment, we will transfer
ownership of the customised content and your domain, and provide you with the files, save that ownership of
stock images and of any other third-party content cannot be transferred and remains subject to clause 6.4.
No ongoing support or hosting will be provided post-transfer.
6.4 Third-party and generated images
Websites may include photographs obtained from licensed stock image libraries, used under the licences issued
by those libraries, and images generated by artificial intelligence from prompts supplied by you or on your
behalf. Kwico does not own, and does not transfer to you, the copyright in any stock image, which remains
subject to the licence terms of the relevant library. Those terms include the restrictions that a stock image
may not be used as part of a trade mark, logo or business name, may not be used to imply endorsement by any
person or brand depicted in it, and may not show an identifiable person in a bad light. You may not request,
and Kwico will not generate, any image depicting a real, identifiable person or any third-party trade mark,
logo or character.
7.User Responsibilities
7.1 You agree not to:
- Use the Services for illegal purposes or in violation of any law.
- Upload harmful, offensive, or infringing content.
- Attempt to reverse-engineer, hack, or disrupt the Services.
- Misrepresent your business or provide false information.
- Abuse the referral programme, including by creating accounts for the purpose of self-referral.
- Supply us with the personal information of any third party without that person’s knowledge and, where
required, consent, in circumstances where that information is intended for publication on your
website.
- Supply us with any special personal information (information concerning religious or philosophical
beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life,
biometric information or criminal behaviour), or with any personal information of a child under the age
of 18 (including photographs), unless you have obtained the consent of the data subject or, in the case of
a child, of a competent person, or another ground for its processing applies under sections 27 or 35 of
POPIA.
- Send us, in the conversation, any payment card number, bank account number, password, identity number or
similar sensitive information, which Kwico does not need for the Services and will not use.
Your obligations under this clause 7 are in addition to, and do not limit, the indemnity in
clause 11.
7.2 Lawfulness of your website
You are solely responsible for ensuring that your website, and every activity conducted through it, complies
with all applicable laws. This includes, without limitation:
- the disclosure requirements applicable to electronic transactions under section 43 of ECTA;
- the CPA, including in relation to pricing, product descriptions, marketing claims, cooling-off rights and
returns;
- all laws applicable to the goods or services you offer, including any licensing, accreditation,
registration or permit requirement;
- laws relating to defamation, hate speech, incitement, obscenity and the protection of minors;
- intellectual property laws, including copyright and trade mark;
- POPIA and any other applicable data protection law; and
- laws relating to unsolicited electronic communications.
7.3 Personal information collected through your website
Where your website collects personal information from visitors (through a contact form, enquiry form,
booking function or similar mechanism, for example), you are the responsible party in respect of that
personal information as contemplated in POPIA, and Kwico is not. You are responsible for establishing a
lawful basis for that processing, for giving the notification required by section 18 of POPIA, for the
security and lawful use of that information, and for responding to any data subject request, complaint or
regulatory enquiry relating to it. Kwico processes such information only as an operator on your instruction
and to the extent necessary to host and operate the website.
In processing that personal information as your operator, Kwico will:
-
(a)
process it only with your knowledge and authorisation, for the purpose of hosting and operating your
website, and treat it as confidential, as required by section 20 of POPIA;
-
(b)
establish and maintain the security measures contemplated in section 19 of POPIA;
-
(c)
notify you immediately where there are reasonable grounds to believe that it has been accessed or
acquired by an unauthorised person, as required by section 21(2) of POPIA; and
-
(d)
be entitled to use the hosting, database and infrastructure providers described in the
Privacy Policy, which may be located outside the Republic of South Africa,
and ensure that any transfer of that information outside the Republic meets the requirements of section
72 of POPIA.
7.4 Prohibited use
You may not use your website, or the Services, to offer, promote, sell or facilitate anything unlawful,
including counterfeit or stolen goods, unregistered financial, credit or investment services, unlicensed
gambling, prohibited substances, or any fraudulent or deceptive scheme.
8.Data Protection and Privacy
Kwico complies with POPIA and is the responsible party in respect of the personal information processed in
connection with the Services, save as provided in clause 7.3, where Kwico acts as your operator.
In compliance with the WhatsApp Business Solution Terms, we do not use, share, or allow any Business Solution
Data (including messages, metadata, or derived forms) to create, develop, train, or improve any machine
learning or AI models beyond fine-tuning exclusively for our internal, private use in delivering this
specific website service. No Business Solution Data is used to benefit or improve any third-party or general
AI systems.
Kwico’s Information Officer is registered with the Information Regulator of South Africa and may be contacted
at adriaanvc@heykwico.com or
083 795 2177. Kwico’s PAIA and POPIA Manual
is available on our website and on request.
For full details, see Part A of this document, being the Kwico Privacy Policy,
also published at https://www.heykwico.com/privacy.
By initiating a WhatsApp conversation with Kwico, or by requesting the Services through one of Kwico’s
partners, you agree to receive WhatsApp messages from Kwico relating to the Services, including
Meta-approved message templates sent outside an active conversation in connection with your website or
subscription. Kwico will not send you direct marketing otherwise than as permitted by section 69 of POPIA.
You may opt out at any time by replying “STOP”, by blocking Kwico’s number, or by emailing
hello@heykwico.com, save that Kwico may continue to send messages
strictly necessary for the administration of an active subscription.
9.Termination and Suspension
9.1 By You
You may cancel your subscription at any time via WhatsApp. Cancellation takes effect at the end of the
current billing period.
9.2 By Kwico
We may suspend or terminate your access if:
- Payment fails or is overdue.
- You breach these Terms.
- For maintenance or legal reasons.
Upon payment failure, your website will go offline immediately until payment is rectified. If not resolved
within 7 days, the subscription may be terminated, and data deleted after 30 days.
Termination of a subscription also terminates the User’s participation in the referral programme, and any
referral benefit that has not accrued at the date of termination lapses.
Save to the extent that liability may not lawfully be excluded, Kwico accepts no liability for loss of access
or data upon termination.
9.3 Removal of Content and Immediate Suspension
Kwico may, at any time and without prior notice, remove any content from your website, take your website
offline, or suspend or terminate the Services, where Kwico reasonably believes that the content or the
website:
- is unlawful or infringes the rights of any person;
- is the subject of a complaint, takedown notification, or demand from any person, regulator, court or law
enforcement agency;
- exposes Kwico or any of its service providers to civil liability, regulatory action, or breach of a
third-party platform’s terms; or
- is being used for a purpose prohibited under clause 7.
Kwico is under no obligation to monitor, review, verify or moderate content published on any website it
hosts, and does not do so. The exercise or non-exercise of the rights in this clause 9.3 does not constitute
an assumption of responsibility for any content. No refund is payable in respect of any period during which
a website is offline under this clause.
9.4 Complaints and takedown
Any person who believes that content on a website hosted by Kwico infringes their rights, including their
copyright, trade mark, privacy or reputation, may notify Kwico at
hello@heykwico.com, identifying the website, the content and the
right concerned. Kwico will review each notice promptly and, where it reasonably considers the complaint to
be well-founded, remove or disable access to the content in terms of clause 9.3, and will inform the User
concerned.
10.Limitation of Liability
To the extent permitted by the CPA and other applicable laws, Kwico is not liable for indirect,
consequential, or punitive damages, including loss of profits or data. The Services are provided “as is”
without warranties, express or implied, including fitness for purpose.
Nothing in these Terms excludes or limits Kwico’s liability for gross negligence, wilful misconduct, or any
liability which may not lawfully be excluded or limited, including under section 51 of the CPA.
Kwico relies on the WhatsApp Business Platform to deliver communications and the service experience. We have
no control over WhatsApp or Meta’s policies, enforcement decisions, technical availability, account
approvals, or changes to the Business Solution Terms. If WhatsApp in any way restricts or influences Kwico’s
services to the User, we will use reasonable efforts to notify you and explore alternative communication
methods. You acknowledge that service continuity depends on third-party platform policies, and Kwico is not
responsible for any interruption, data loss, or business impact caused by WhatsApp or Meta actions.
11.Indemnity
-
11.1
You indemnify Kwico, its affiliates (including Pronto Digital Labs, Inc.), and their respective
directors, officers, employees, contractors and service providers (each an “Indemnified Party”), and
hold each of them harmless, against all claims, demands, actions, proceedings, losses, damages,
liabilities, penalties, administrative fines and costs (including legal costs on an attorney and own
client scale) of whatever nature, arising directly or indirectly out of or in connection with:
-
11.1.1
your use of the Services;
-
11.1.2
any content you supplied or instructed Kwico to publish, and the publication of that content;
-
11.1.3
the operation of your website and any transaction, communication, representation or activity
conducted through it, including any dealing between you and a visitor to or customer of your
website;
-
11.1.4
any breach by you of these Terms, including any warranty given in clause 2, clause 6 or clause
7;
-
11.1.5
any act or omission on your part which is unlawful, or which infringes the rights of any person,
including rights of privacy, personality, reputation or intellectual property;
-
11.1.6
any processing of personal information in respect of which you are the responsible party,
including personal information collected through your website; and
-
11.1.7
any conduct on your part which violates the WhatsApp Business Solution Terms or the terms of any
other third-party platform relied upon by Kwico, or which gives rise to enforcement, suspension or
termination action against Kwico by any such platform, regulator or authority.
-
11.2
The indemnity in clause 11.1 applies whether the claim is brought by a third party, a visitor to or
customer of your website, a regulator, or any other person, and irrespective of whether any enforcement
action is taken against an Indemnified Party.
-
11.3
Kwico will notify you within a reasonable time of any claim in respect of which it intends to rely on
this indemnity. Kwico is entitled, but not obliged, to control the defence and settlement of any such
claim, and you will provide all reasonable assistance and information required for that purpose. You
may not settle or compromise any claim in a manner that imposes any obligation, payment or admission on
an Indemnified Party without Kwico’s prior written consent.
-
11.4
The indemnity in this clause 11 is a continuing indemnity, is separate and independent from your other
obligations under these Terms, and survives the termination or expiry of these Terms and of your
subscription.
-
11.5
Nothing in this clause 11 requires you to indemnify an Indemnified Party against liability arising from
that party’s own gross negligence or wilful misconduct, or against any liability which may not lawfully
be indemnified under the CPA or any other law.
12.Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations under these
Terms (other than obligations to pay any amounts due) to the extent that such failure or delay is caused by
an event or circumstance beyond its reasonable control.
Force Majeure Events include, but are not limited to:
- acts of God, natural disasters, epidemics and pandemics;
- war, invasion, or acts of terrorism;
- governmental actions, regulations, or embargoes;
- strikes, lock-outs, or other industrial action;
- widespread failure of telecommunications, internet infrastructure, or utility services.
The party affected by a Force Majeure Event shall promptly notify the other party in writing (which may
include WhatsApp or email) of the event and its expected impact and use commercially reasonable efforts to
mitigate the effects and resume performance as soon as practicable.
13.Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa. Disputes shall be resolved through
negotiation, then mediation under the Arbitration Foundation of Southern Africa (“AFSA”) rules. If
unresolved, arbitration shall take place under AFSA rules. Nothing in this clause prevents a consumer from
approaching the National Consumer Commission, a consumer court, or a court of competent jurisdiction where
the CPA so permits. This clause complies with ECTA and the CPA for fair dispute processes.
14.Miscellaneous
14.1 Changes
We may modify, restrict, or discontinue any aspect of the Services (including WhatsApp-based features and the
referral programme) at any time to comply with applicable laws, third-party platform requirements (including
WhatsApp Business Solution Terms), or to mitigate risk of suspension or termination by WhatsApp or Meta. Such
changes will be communicated with reasonable notice where possible. Continued use after changes constitutes
acceptance.
14.2 Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect.
14.3 Entire Agreement
These Terms constitute the entire agreement between you and Kwico with respect to the Service and supersede
all prior or contemporaneous understandings, communications, agreements, representations or warranties,
whether oral or written.
14.4 No Waiver
No failure or delay by Kwico in exercising any right, power or remedy under these Terms shall operate as a
waiver of that right, power or remedy, nor shall any single or partial exercise preclude any other or further
exercise of the same or any other right, power or remedy.
14.5 Electronic Acceptance
Before the website-building conversation begins, you will be asked to confirm on WhatsApp, by selecting
“I agree”, that you have read and accept these Terms and the Privacy Policy and
agree to receive WhatsApp messages from Kwico about the Services. That confirmation, and any other
affirmative electronic act by which you use the Services, constitutes your legally binding acceptance of
these Terms under ECTA. Kwico keeps a record of the date and time of your acceptance and of the version of
these Terms that you accepted.
14.6 Contact
For any questions, contact hello@heykwico.com.
14.7 Survival
Clauses 2, 6, 7, 10, 11 and 13, together with this clause 14 and any other provision which by its nature is
intended to survive, remain in force after the termination or expiry of these Terms.