Terms of Service

Synkra Technologies

Version 1.0 Effective 3 October 2026 Last updated 3 October 2026

1. About these Terms

These Terms of Service govern access to and use of Synkra Chat and the free utilities on synkra.co.za. By creating an account or using the service, you agree to these terms. If you do not agree, do not use the service.

2. Definitions

• Account means a Synkra Chat account held by a customer.
• Administrator means a user with administrative permissions.
• Agent means a person invited to manage conversations.
• Contact means a person whose details or conversations are stored.
• Conversation means messages exchanged through a Synkra Chat channel.
• Inbox means the workspace where conversations are managed.
• Plan means Free, Starter, Business, or Pro.
• Services means Synkra Chat and the free utilities on synkra.co.za. It does not include Synkra Flow while that product remains in development and unavailable.
• Customer Data means all data, content, contacts, messages, files, and information you submit to the Service.

3. Acceptance and Eligibility

By using the Service, you confirm:

1. You are at least 18 years old.
2. You have the legal capacity to enter into a binding contract.
3. If acting for a business, you have authority to bind that business.
4. You will comply with these terms and all applicable laws.
5. You are not located in a country subject to South African trade sanctions.

If you do not meet these requirements, you may not use the Service.

4. Account Terms

You must provide accurate and complete information when creating an account. You are responsible for keeping this information up to date.

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your Account.
• Ensuring your Users comply with these terms.
• Notifying us immediately of any unauthorised access.

We are not liable for any loss arising from your failure to secure your Account.

You may add Users to your Account, subject to the seat limits of your Plan. You are responsible for your Users and their compliance with these terms.

Free accounts are provided as is, with no uptime commitment and limited support. We may change Free plan limits at any time without notice.

5. Warranties and Disclaimers

We warrant that:

1. We have the right to provide the Service.
2. We will provide the Service with reasonable skill and care.
3. We will comply with applicable laws in providing the Service.

The Service is provided on an as is and as available basis. To the maximum extent permitted by law, we disclaim all other warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, noninfringement, uninterrupted service, and accuracy of AI outputs.

AI generated content, including suggestions, summaries, and drafted replies, may contain errors. You are responsible for reviewing AI output before using it. Nothing in the Service constitutes legal, financial, or professional advice.

We may offer features labelled as beta, preview, or early access. These are provided without any warranty and may be changed or removed at any time.

6. Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability to you, whether in contract, delict including negligence, or otherwise, arising out of or in connection with the Service, is limited to the greater of:

• The total fees you have paid us in the twelve months immediately preceding the event giving rise to the claim, or
• Ten Thousand Rand (R10,000).

This cap applies regardless of the number of claims, the theory of liability, and whether the claim arises in contract, delict, or otherwise.

To the maximum extent permitted by law, we are not liable for:

• Loss of profit, revenue, or anticipated savings.
• Loss of business, contracts, or customers.
• Loss of goodwill or reputation.
• Loss of or damage to data, except where caused by our gross negligence or wilful misconduct.
• Business interruption.
• Indirect, special, incidental, punitive, or consequential damages.

This exclusion applies even if we have been advised of the possibility of such damages.

The limitations and exclusions in this section do not apply to:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation by us.
• Wilful misconduct or gross negligence by us.
• Any liability that cannot be limited or excluded under South African law.
• Our obligation to indemnify you for intellectual property infringement under Section 7.

You acknowledge that these limitations reflect the allocation of risk between us and you, that we would not provide the Service at the current pricing without these limitations, and that you have had the opportunity to obtain insurance to cover any losses you might suffer.

7. Indemnities

Your indemnity to us. You agree to indemnify and hold harmless Synkra, its directors, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of:

1. Your Customer Data, including claims that your Customer Data infringes or misappropriates third party rights.
2. Your use of the Service in violation of these terms or applicable law.
3. Your violation of any third party rights, including privacy rights.
4. Your violation of any law, including POPIA.
5. Any claim by a User or third party arising from your use of the Service.

Our indemnity to you. We will defend and indemnify you from any third party claim alleging that the Service, as provided by us and used by you in accordance with these terms, infringes a South African patent, copyright, or trademark, provided that:

1. You notify us promptly in writing of the claim.
2. You give us sole control of the defence and settlement.
3. You provide reasonable cooperation at our expense.
4. You do not make any admission of liability without our written consent.

If such a claim is made or appears likely, we may at our option modify the Service to avoid the infringement, obtain the right for you to continue using the Service, or terminate your subscription and refund any unused prepaid fees.

Our indemnity does not apply where the claim arises from your modification of the Service, your combination of the Service with other products, your use of the Service in a manner inconsistent with these terms, or third party services integrated with the Service.

8. Intellectual Property

What we own. Synkra owns and retains all intellectual property rights in the Service, including all software, code, algorithms, and functionality, the Synkra Chat name, logos, and trademarks, documentation, help centre content, and marketing materials, and any improvements, modifications, or derivative works of the Service.

What you own. You own and retain all intellectual property rights in your Customer Data, including conversations, contacts, and files, your business information and settings, and any content you create and store in the Service.

Licence to use the Service. Subject to your compliance with these terms, we grant you a limited, nonexclusive, nontransferable, not sublicensable, revocable licence to access and use the Service for your internal business purposes, to allow your Users to use the Service on your behalf, and to integrate the Service with your own systems using our APIs, subject to API rate limits and applicable policies.

Licence to process your data. You grant us a worldwide, nonexclusive, royalty free licence to store, process, and transmit your Customer Data as needed to provide the Service, to create backups for disaster recovery, and to use aggregated and de identified data to improve the Service. This licence ends when you delete your data from the Service, except for backup copies retained for the backup period described in our Privacy Policy.

Feedback. If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty free, worldwide licence to use that feedback without any obligation to you.

Open source. The Service includes open source software components. The licences for these components are acknowledged in the Service software and are not affected by these terms.

Trademark usage. You may not use our trademarks, logos, or branding without our prior written permission. You may refer to us as your customer support platform in normal business communications.

9. Acceptable Use

You must not:

1. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
2. Access the Service to build a competing product.
3. Circumvent rate limits, authentication, or access controls.
4. Use the Service to send unsolicited communications, including spam.
5. Interfere with the operation of the Service or other customers.
6. Use the Service in a way that violates any law, including POPIA and the Electronic Communications and Transactions Act.
7. Use the Service to harass, threaten, or harm any person.
8. Attempt to gain unauthorised access to any part of the Service or its infrastructure.
9. Resell, sublicense, or white label the Service without a written agreement.
10. Use the Service for high risk activities where failure could lead to death, personal injury, or severe environmental damage.

We may suspend or terminate your access for violations of this section.

10. Third Party Services

The Service integrates with third party services such as Paystack, Resend, Token Harbor, and Z1 Storage. Your use of these integrations is subject to the third parties own terms.

We are not responsible for the availability, accuracy, or security of any third party service. If a third party service fails or is discontinued, we may modify or remove the corresponding integration.

11. Fees and Payment

Fees, billing cycles, refunds, and cancellations are governed by our Billing Policy. That policy forms part of these terms.

Where these terms and the Billing Policy conflict on billing matters, the Billing Policy prevails.

12. Suspension and Termination

Suspension. We may suspend your access to the Service immediately and without notice if you breach these terms in a way that threatens the Service, other customers, or third parties, if we detect fraudulent activity, security compromise, or abuse, if you fail to pay fees after the grace period described in the Billing Policy, or if we are required to do so by law or court order.

Suspension is not the same as termination. During suspension, your data is retained. If the issue is resolved, we restore your access.

Termination by you. You may terminate your subscription at any time by cancelling as described in the Billing Policy. Termination takes effect at the end of your current billing period.

Termination by us for cause. We may terminate your subscription with 30 days written notice if you materially breach these terms and fail to remedy the breach within that period.

We may terminate immediately for severe violations, including unlawful activity, attempted security compromise, fraud or theft, or any violation that exposes us or other customers to legal liability.

Termination for convenience. Either party may terminate with 30 days written notice for any reason. If we terminate for convenience, we refund any unused prepaid fees.

Effect of termination. On termination, your right to access the Service ends, you must stop using the Service, we retain your data for the period described in the Privacy Policy, you may export your data during that period, and after the retention period, your data is deleted.

Survival. Sections that by their nature should survive termination, including Intellectual Property, Limitation of Liability, Indemnities, and Governing Law, continue to apply after termination.

13. Service Levels, Support, and Maintenance

Uptime commitments.

• Free: best effort, no service level agreement.
• Starter: best effort, no service level agreement.
• Business: 99.5 percent monthly.
• Pro: 99.9 percent monthly.

Uptime is measured as the percentage of minutes in a calendar month that the Service is available for access by the customer users. Scheduled maintenance is excluded.

Service credits. If we miss the uptime commitment for Business or Pro, you may request service credits as described in our Billing Policy. Credits are applied to your next renewal and are bill credits only.

Support.

• Free: community forum, best effort.
• Starter: email, initial response target of 48 business hours.
• Business: priority email, initial response target of 8 business hours.
• Pro: priority email and WhatsApp, initial response target of 2 business hours.

Business hours are Monday to Friday, 08:00 to 17:00 South African Standard Time, excluding public holidays.

Support is provided for the Service as documented. Support does not include custom development, training, or consulting, which may be available under a separate agreement.

Maintenance. We may perform scheduled maintenance that temporarily interrupts the Service. We will announce scheduled maintenance at least 48 hours in advance by email and on our status page, schedule maintenance during low traffic periods where possible, and keep maintenance windows as short as practical.

Emergency maintenance may be performed without notice if necessary to protect security or prevent imminent harm.

Status page. Real time and historical service status is available on our public status page. Incidents are posted and updated during and after resolution.

Excluded from uptime calculation. The following do not count against the uptime commitment:

• Scheduled maintenance.
• Emergency maintenance.
• Outages caused by third party services.
• Outages caused by your own systems, network, or devices.
• Outages caused by force majeure events.
• Outages caused by your misuse of the Service or breach of these terms.

14. Confidentiality

Each party may receive information that is confidential to the other. Confidential Information means any information that is marked as confidential or that a reasonable person would understand to be confidential given the circumstances. Your Customer Data is treated as your Confidential Information.

Each party agrees to use the other party Confidential Information only for the purposes of this agreement, to protect it with at least the same care it uses for its own confidential information, and not to disclose it to any third party except as required to provide or use the Service, and only under equivalent confidentiality obligations.

Confidential Information does not include information that is or becomes publicly available without breach of this agreement, was in the receiving party possession before disclosure, is independently developed without use of the other party Confidential Information, or is required to be disclosed by law or court order, provided the receiving party gives prompt notice.

Confidentiality obligations survive termination of these terms for a period of five years.

15. Notices and Changes to These Terms

We may give notice by email to the address on your account, in app announcement banner, update to these terms on our website, or post to our status page for operational matters. Notices to you are effective when sent to your registered email address or when posted in the Service, whichever is earlier.

You must notify us in writing by emailing hello@synkra.co.za. Legal notices must be sent to the same address with Legal Notice in the subject line.

We may update these terms from time to time. When we do, minor changes, such as corrections to typographical errors and updates to contact details, take effect immediately upon posting. Material changes take effect 30 days after we notify you by email.

Material changes include changes to fees, which are governed by the Billing Policy and require at least 45 days notice, changes to liability, indemnity, or warranty provisions, changes to termination rights, and the introduction of new obligations on you.

If you do not agree to a material change, you may terminate your subscription before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the change.

Email hello@synkra.co.za with the subject Terms Change if you want to discuss any change.

16. Governing Law and Dispute Resolution

These terms are governed by the laws of the Republic of South Africa. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting formal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation. Either party may initiate this by sending written notice of the dispute.

If the dispute is not resolved within 30 days of written notice, either party may refer the dispute to mediation at a recognised South African mediation body, or to arbitration under the rules of the Arbitration Foundation of Southern Africa, with a single arbitrator. The seat of arbitration is Johannesburg, South Africa. The language is English.

Either party may seek urgent interim relief from a competent court to prevent irreparable harm, including injunctive relief for intellectual property infringement. To the extent court proceedings are necessary, both parties consent to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg.

17. General

Entire agreement. These terms, together with the Billing Policy, Privacy Policy, and any Data Processing Addendum, constitute the entire agreement between us regarding the Service.

Assignment. You may not assign or transfer your rights under these terms without our written consent. We may assign our rights to an affiliate or in connection with a merger or acquisition.

Waiver. A failure to enforce any provision of these terms is not a waiver of that provision or any other provision.

Severability. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions remain in full force. The invalid provision is replaced with a valid provision that achieves the same economic effect.

Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government action, or widespread infrastructure failure.

No partnership. These terms do not create a partnership, joint venture, agency, or employment relationship between us.

Third party rights. Nothing in these terms gives any third party the right to enforce any provision.

Counterparts. If these terms are signed, they may be signed in counterparts, each of which is an original and all of which together constitute one agreement.

18. Contact

For legal matters, notices, or questions about these terms:

• Email: hello@synkra.co.za
• Legal notices: hello@synkra.co.za with Legal Notice in the subject line
• Business hours: Monday to Friday, 08:00 to 17:00 South African Standard Time