1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Rivet Software (Pty) Ltd ("Rivet", "we", "us", or "our"), a company incorporated in South Africa. By registering for, accessing, or using the Rivet platform, you agree to be bound by these Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use our services.
2. Description of Services
Rivet provides a WhatsApp-first business automation platform that enables SMBs to automate customer communication, manage WhatsApp Business accounts, build automated conversation flows (BotFlows), connect e-commerce platforms, and manage product catalogues via WhatsApp.
Our services are provided on a subscription basis and are subject to the plan selected by you at registration or as subsequently modified.
3. Account Registration
To use Rivet you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your login credentials confidential and not share them with third parties
- Notify us immediately of any unauthorised access to your account
You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts where we have reason to believe registration information is false or misleading.
4. WhatsApp Business Platform
Use of Rivet's WhatsApp integration is subject to:
- Meta's WhatsApp Business Terms of Service
- Meta's Business Solution Provider terms and policies
- WhatsApp's Acceptable Use Policy
You represent and warrant that your use of WhatsApp through Rivet complies with all applicable Meta policies. You are solely responsible for the content of messages sent through our platform. We reserve the right to suspend your WhatsApp integration if we determine, in our sole discretion, that your usage violates Meta's policies or applicable law.
5. Subscription and Payment
5.1 Plans and Pricing
Rivet is offered on tiered subscription plans as described on our website. Pricing is in South African Rand (ZAR) unless otherwise stated. We reserve the right to modify pricing with 30 days' written notice.
5.2 Billing
Subscriptions are billed monthly or annually in advance. Payment is due on the first day of each billing period. Failure to pay may result in suspension of your account after a grace period of 7 days.
5.3 Refunds
All fees are non-refundable except where required by applicable law or as expressly stated in our refund policy. We may, at our discretion, issue credits for service outages or other issues.
5.4 Taxes
All fees are exclusive of applicable taxes. Where required, VAT or other applicable taxes will be added to your invoice.
6. Free Trial
Where we offer a free trial, you may use the services without charge for the stated trial period. At the end of the trial period, your account will require a paid subscription to continue. We reserve the right to modify or discontinue trial offerings at any time.
7. Acceptable Use
You agree not to use Rivet to:
- Send unsolicited bulk messages (spam) or messages that violate WhatsApp's policies
- Distribute malware, phishing content, or other harmful material
- Harass, threaten, or harm any individual or group
- Infringe the intellectual property rights of any third party
- Engage in fraudulent, deceptive, or misleading conduct
- Violate any applicable law or regulation, including the Electronic Communications and Transactions Act (ECTA) and the Consumer Protection Act of South Africa
- Attempt to gain unauthorised access to our systems or other users' accounts
Violation of this section may result in immediate suspension or termination of your account without refund.
8. Intellectual Property
8.1 Our IP
Rivet and its licensors retain all intellectual property rights in the platform, including software, designs, trademarks, and documentation. These Terms do not grant you any rights to our intellectual property except the limited licence to use the platform as described herein.
8.2 Your Content
You retain ownership of all content, data, and materials you upload or create within the platform ('Customer Data'). By using Rivet, you grant us a limited, non-exclusive licence to process your Customer Data solely to provide the services.
9. Data Protection
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Where we process personal information on your behalf (such as your customers' WhatsApp contact data), we act as a data operator/processor and you act as the responsible party under POPIA.
You warrant that you have all necessary consents and authorisations to provide us with Customer Data for processing.
10. Service Availability
We aim to provide a reliable service but do not guarantee uninterrupted availability. Scheduled maintenance will be communicated in advance where reasonably practicable. We are not liable for downtime caused by third-party services including Meta's WhatsApp Business Platform.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Rivet's total liability to you for any claims arising from or related to these Terms or the services shall not exceed the total fees paid by you in the three months preceding the claim.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, even if advised of the possibility of such damages.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
12. Indemnification
You agree to indemnify and hold harmless Rivet and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the platform, your Customer Data, your violation of these Terms, or your violation of any third-party rights.
13. Term and Termination
13.1 Term
These Terms commence on the date you accept them and continue until terminated by either party.
13.2 Termination by You
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.
13.3 Termination by Us
We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or if required by law or Meta's policies.
13.4 Effect of Termination
Upon termination, your right to use the platform ceases immediately. We will provide you with a reasonable opportunity to export your data before deletion, subject to our data retention policy.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or prominent notice on the platform at least 14 days before they take effect. Your continued use of the platform after changes take effect constitutes your acceptance of the revised Terms.
15. Governing Law and Disputes
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa. Where possible, we encourage resolution of disputes through good-faith negotiation before resorting to legal proceedings.
16. General
- These Terms constitute the entire agreement between you and Rivet regarding the platform.
- If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
- Our failure to enforce any provision is not a waiver of our right to do so in the future.
- You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.