Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using our website, mobile applications, WhatsApp services, or any other services provided by SourceOne (Pty) Ltd ("SourceOne," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and SourceOne.

1.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts in your jurisdiction to use our services. By using our services, you represent and warrant that you meet these requirements.

1.2 Business Use

Our services are designed for business use. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

2.1 AI-Powered Solutions

SourceOne provides artificial intelligence-powered business solutions including:

• WhatsApp chatbots and conversational AI
• AI Chat Desk for customer communication
• Medical management systems
• Fuel monitoring and management
• Food service management (bakery, butchery, restaurant)
• Custom business automation solutions
• Analytics and reporting tools

2.2 WhatsApp Business API Services

Our WhatsApp services utilize the Meta WhatsApp Business API to provide:

• Automated customer interactions
• Business messaging capabilities
• Integration with your existing systems
• Analytics and performance monitoring
• Compliance with WhatsApp Business policies

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We will make reasonable efforts to notify you of significant changes that may affect your use of the services.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to:

• Use strong passwords and enable two-factor authentication when available
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with third parties
• Log out from shared or public devices
• Keep your contact information up to date

3.3 Account Suspension

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activities, or for any other reason at our sole discretion. We will provide reasonable notice when possible.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our services only for lawful business purposes and in accordance with these Terms. You agree to comply with all applicable laws, regulations, and industry standards.

4.2 Prohibited Uses

You agree not to use our services to:

• Send spam, unsolicited messages, or engage in mass messaging
• Transmit harmful, offensive, or illegal content
• Violate the rights of others, including privacy and intellectual property rights
• Engage in fraudulent, deceptive, or misleading practices
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use our services for competitive intelligence or reverse engineering
• Violate WhatsApp's terms of service or policies
• Engage in activities that could damage our reputation or business relationships

4.3 WhatsApp-Specific Restrictions

When using our WhatsApp services, you must also comply with:

• Meta's WhatsApp Business Policy
• WhatsApp's Terms of Service
• Local telecommunications regulations
• Anti-spam and consent requirements
• Content and messaging guidelines

5. Payment Terms

5.1 Fees and Billing

Use of our services may be subject to fees as outlined in your service agreement or on our pricing page. All fees are non-refundable unless otherwise specified.

5.2 Payment Methods

We accept payment via:

• Bank transfer (EFT)
• Credit and debit cards
• Mobile money (Orange Money, Mascom MyZaka)
• Other payment methods as available

5.3 Late Payments

Late payments may result in service suspension and additional fees. We reserve the right to charge interest on overdue amounts at a rate of 2% per month or the maximum allowed by law, whichever is lower.

5.4 Taxes

You are responsible for all applicable taxes, including VAT, related to your use of our services. Fees are exclusive of taxes unless otherwise stated.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and their arrangement, are owned by SourceOne and are protected by copyright, trademark, and other intellectual property laws.

6.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your business purposes in accordance with these Terms.

6.3 Your Content

You retain ownership of content you submit to our services. By submitting content, you grant us a worldwide, royalty-free license to use, modify, and display your content solely for the purpose of providing our services.

6.4 Feedback

Any feedback, suggestions, or ideas you provide to us become our property and may be used to improve our services without compensation to you.

7. Data Protection and Privacy

7.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Processing

You acknowledge that our services may involve the processing of personal data. You agree to comply with all applicable data protection laws and regulations, including the Botswana Data Protection Act and GDPR where applicable.

7.3 Data Controller Responsibilities

If you are a data controller using our services to process personal data, you warrant that:

• You have obtained all necessary consents
• You have a lawful basis for processing
• You will not process data in violation of applicable laws
• You will promptly notify us of any data protection issues

8. Service Level Agreement

8.1 Uptime Commitment

We strive to maintain 99.5% uptime for our core services, excluding scheduled maintenance and circumstances beyond our control.

8.2 Support

We provide technical support during business hours (8:00 AM - 5:00 PM CAT, Monday to Friday). Premium support options may be available for additional fees.

8.3 Maintenance

We may perform scheduled maintenance during off-peak hours. We will provide reasonable advance notice of planned maintenance that may affect service availability.

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimer

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Accuracy Disclaimer

While we strive for accuracy, we do not warrant that our services will be error-free, uninterrupted, or completely secure. AI-generated responses may not always be accurate or appropriate.

9.3 Third-Party Services

Our services may integrate with third-party services (including WhatsApp/Meta). We are not responsible for the availability, accuracy, or content of third-party services.

9.4 Limitation of Liability

To the maximum extent permitted by law, SourceOne shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless SourceOne, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of applicable laws or regulations
• Your content or data submitted to our services
• Your infringement of third-party rights

11. Termination

11.1 Termination by You

You may terminate your account and stop using our services at any time by providing written notice. Termination does not relieve you of any payment obligations incurred before termination.

11.2 Termination by Us

We may suspend or terminate your access to our services immediately and without notice if:

• You breach these Terms
• You fail to pay applicable fees
• Your use of our services poses a security risk
• We are required to do so by law or regulation
• We decide to discontinue our services

11.3 Effect of Termination

Upon termination:

• Your right to use our services will cease immediately
• We may delete your account and data
• You remain liable for all charges incurred before termination
• Provisions that should survive termination will remain in effect

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Botswana, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Botswana.

12.3 Alternative Dispute Resolution

Before pursuing litigation, parties agree to attempt to resolve disputes through good faith negotiations. If negotiations fail, disputes may be submitted to mediation or arbitration as agreed by both parties.

12.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class action or representative proceeding.

13. Compliance and Regulatory

13.1 Regulatory Compliance

You agree to comply with all applicable laws and regulations, including:

• Botswana Communications Regulatory Authority (BOCRA) regulations
• Data Protection Act
• Consumer protection laws
• Anti-spam regulations
• Financial services regulations (where applicable)

13.2 Export Controls

Our services may be subject to export control laws. You agree not to export or re-export our services in violation of applicable laws.

13.3 Sanctions Compliance

You represent that you are not located in, or a citizen of, any country subject to international sanctions, and that you are not on any government restricted parties list.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and SourceOne regarding our services.

14.2 Modifications

We may modify these Terms at any time by posting updated Terms on our website. Your continued use of our services after such posting constitutes acceptance of the modified Terms.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.5 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, or network failures.

15. Contact Information

If you have any questions about these Terms, please contact us:

For privacy-related inquiries, contact our Data Protection Officer at admin@sourceone.co.bw

16. Effective Date

These Terms of Service are effective as of January 9, 2025, and replace any prior versions. By continuing to use our services after this date, you agree to be bound by these Terms.