Terms of Service

1. Who we are

LinxAI is a trading name of DTK REFRSH (PTY) LTD, registration number 2025/003280/07, a private company registered in the Republic of South Africa (“LinxAI”, “we”, “us”).

These terms govern use of our website and our services. Where a signed client agreement exists, that agreement takes precedence over these terms to the extent of any conflict.

2. Services

LinxAI provides:

• Software development and custom web applications
• Messaging infrastructure, including WhatsApp Business Platform integration
• AI agents for messaging and voice
• Workflow automation and systems integration
• Hosting and ongoing technical support
• Related consulting

LinxAI is a Meta Tech Provider. We build and operate messaging and automation systems on behalf of client businesses.

3. Client obligations

A client using LinxAI to operate WhatsApp messaging or outbound calling must:

• Obtain and maintain lawful consent from its own contacts before they are messaged or called, and keep records of that consent.
• Comply with the WhatsApp Business Messaging Policy and Meta’s Commerce Policy.
• Comply with POPIA and the Consumer Protection Act, 68 of 2008, including honouring opt-outs promptly.
• Not use the services for unsolicited direct marketing where consent is absent.

The client is the responsible party for the personal information of its own contacts. LinxAI acts as operator on the client’s instruction.

LinxAI may suspend a client’s access for breach of this section. Suspension may be immediate and without notice where the breach exposes LinxAI or its other clients to platform enforcement or legal risk. Repeated or unremedied breach is grounds for termination.

4. Acceptable use

You may not use the services to:

• Send unlawful, deceptive, or abusive messages.
• Impersonate another person or business, or misrepresent the identity of the sender.
• Circumvent messaging limits, quality ratings, tier restrictions, or any other platform policy or technical control.
• Send content that is fraudulent, harassing, or otherwise prohibited by the platforms we rely on.
• Attempt unauthorised access to our systems, or interfere with their operation.
• Introduce malicious code.

5. Fees and payment

Fees are set out in the applicable client agreement or quotation. Pricing is not published here.

• Recurring fees are invoiced monthly in advance. Project fees are invoiced as set out in the agreement.
• Invoices are payable within 30 days of the invoice date unless the agreement states otherwise.
• Overdue amounts carry interest at the rate permitted by the National Credit Act and the prescribed rate of interest.
• LinxAI may suspend the services for non-payment after giving 7 days’ written notice. Suspension does not release the client from amounts already due.
• Third-party costs passed through to the client, including messaging and telephony charges, are billed at cost unless agreed otherwise.

6. Intellectual property

LinxAI retains all rights in its software, platform, tooling, and underlying methods, including anything developed while providing the services.

The client receives a non-exclusive, non-transferable licence to use the services for its own business for the subscription term. The licence ends when the term ends.

Client data remains the property of the client. This includes contact records, message content, call recordings, transcripts, and CRM records. LinxAI claims no ownership of it.

The client owns its WhatsApp Business Account and its registered phone number. Where the client grants LinxAI access, LinxAI administers that account on the client’s behalf and sends and receives messages on the client’s instruction. The client may withdraw that access at any time. Access ends on termination.

7. Third-party platforms

The services depend on third parties, including Meta, telephony carriers, AI model providers, and hosting providers.

Their availability, pricing, features, and policies are outside LinxAI’s control and may change or be withdrawn. A platform may suspend or restrict an account, change messaging rates, or alter its policies at any time.

LinxAI is not liable for the outages, policy decisions, price changes, or enforcement actions of these providers.

8. Warranties and liability

To the extent permitted by law, the services are provided as-is. LinxAI does not warrant that the services will be uninterrupted, error-free, or that AI-generated output will be accurate or fit for a particular purpose.

To the extent permitted by law, LinxAI’s total liability arising from or relating to the services is limited to the fees paid by the client in the 3 months preceding the event giving rise to the claim.

LinxAI is not liable for indirect or consequential loss, loss of profit, loss of data, or loss of business opportunity.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including under the Consumer Protection Act, 68 of 2008.

9. Term and termination

• Subscription services run month to month unless the agreement sets a fixed term.
• Either party may terminate on 30 days’ written notice. A fixed term ends as set out in the agreement.
• LinxAI may terminate immediately for breach of section 3 or section 4, or for non-payment that remains unresolved after notice.
• On termination, access to the services ends and the licence in section 6 falls away. Fees due up to the termination date remain payable.
• The client may request an export of its data within 30 days of termination. After that period LinxAI deletes client data, except where it must be retained by law.

10. Governing law

These terms are governed by the laws of the Republic of South Africa. The parties submit to the jurisdiction of the South African courts.

11. Company details