Terms of Service
1. About These Terms
These Terms of Service ("Terms") form a legally binding agreement between you ("Agent") and Hatchd Digital Innovations (Pty) Ltd, a company registered in South Africa and trading as Konvertza and Konvertza by Hatchd.
By registering for, accessing, or using the Konvertza platform, including any related tools, APIs, dashboards, and automated services, you confirm that you have read, understood, and agreed to these Terms in full.
If you do not agree, you must not use Konvertza.
For any questions about these Terms, contact us at info@konvertza.co.za.
2. What Konvertza Does
Konvertza is a SaaS platform that helps real estate agents manage leads, schedule social media content, and automate marketing communications. The platform integrates with Meta (Facebook, Instagram, WhatsApp), Google Sheets, PayFast, and Anthropic’s Claude AI to deliver these services.
Our platform is intended for use by licensed real estate professionals operating in South Africa. By using Konvertza, you confirm that you are using it in a professional capacity and in compliance with all applicable laws, including the Estate Agency Affairs Act and applicable data protection legislation.
3. Account Registration and Eligibility
3.1 Eligibility
To use Konvertza, you must:
- Be at least 18 years of age
- Be a registered real estate agent or operate under a licensed real estate business
- Have the legal authority to enter into binding contracts on behalf of yourself or your business
- Provide accurate and complete information during registration
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at info@konvertza.co.za if you suspect unauthorised access to your account. We are not liable for any loss or damage arising from your failure to protect your login credentials.
3.3 One Account Per Agent
Each subscription is for a single agent or business entity. You may not share your account with third parties or use it to provide services to others without our prior written consent.
4. Subscriptions and Billing
4.1 Subscription Plans
Konvertza is offered on a subscription basis. Details of current pricing and plan features are available on our website. By subscribing, you authorise us to charge your nominated payment method on a recurring basis in accordance with your selected plan.
4.2 Payment Processing
All payments are processed by PayFast, a third-party payment provider. By subscribing, you also agree to PayFast’s terms of service. We do not store your full banking or card details on our servers; this information is handled directly by PayFast.
4.3 Billing Cycle and Renewal
Subscriptions renew automatically at the end of each billing period unless cancelled in accordance with Section 4.5. You will be charged the applicable subscription fee on the renewal date.
4.4 Price Changes
We reserve the right to change subscription pricing with at least 30 days’ written notice to your registered email address. If you do not agree to a price change, you may cancel before the new pricing takes effect.
4.5 Cancellation
You may cancel your subscription at any time by contacting us at info@konvertza.co.za. Cancellation takes effect at the end of your current billing period. We do not offer pro-rata refunds for unused portions of a billing cycle, except where required by the Consumer Protection Act, 2008 (South Africa).
4.6 Failed Payments
If a payment fails, we will notify you and may suspend access to the platform until the outstanding amount is settled. Continued failure to pay may result in account termination.
5. Your Responsibilities
By using Konvertza, you agree to:
- Use the platform only for lawful purposes and in compliance with all applicable South African and international laws
- Ensure that any leads whose data you input into the platform have given appropriate consent for that data to be processed, as required by POPIA
- Comply with Meta’s Platform Policies and Terms of Service when using the social media posting and messaging features
- Not upload or transmit any content that is unlawful, defamatory, fraudulent, harassing, discriminatory, or otherwise harmful
- Not attempt to reverse-engineer, decompile, or circumvent any security or access controls on the platform
- Not use the platform to send spam, unsolicited bulk messages, or communications that violate the Consumer Protection Act or the Electronic Communications and Transactions Act
You are solely responsible for the content you publish through Konvertza and for ensuring that your use of the platform complies with your obligations as a registered estate agent.
6. Meta Platform Integration
Konvertza connects to Meta’s platforms (Facebook, Instagram, WhatsApp) using OAuth tokens that you authorise during onboarding. By granting this access, you authorise Konvertza to:
- Post content to your linked Facebook and Instagram pages on your behalf
- Send and receive WhatsApp messages on your behalf through the WhatsApp Business API
- Read and manage certain page data required to schedule and track content performance
You may revoke this access at any time through your Meta account settings. Revoking access will disable the relevant features of Konvertza but will not automatically cancel your subscription.
Your use of Meta’s platforms through Konvertza is also governed by Meta’s Terms of Service and Community Standards. We are not responsible for any enforcement actions taken by Meta against your account.
7. AI Features and Limitations
Konvertza uses Anthropic’s Claude AI to analyse WhatsApp message content, generate intent classification scores, and assist with content creation. By using these features, you acknowledge and agree that:
- AI-generated analysis and content are provided for informational and efficiency purposes only and do not constitute professional legal, financial, or real estate advice
- The accuracy and quality of AI outputs depend on the quality of data you provide; we make no warranties regarding the reliability of any AI-generated result
- Message content processed by the AI may be transmitted to Anthropic’s servers in accordance with Anthropic’s privacy policy and usage policies
- You remain solely responsible for reviewing, approving, and taking accountability for any AI-assisted content before it is sent or published
8. Intellectual Property
8.1 Our Platform
All rights, title, and interest in the Konvertza platform, including its software, design, trademarks, and underlying technology, are owned by or licensed to Hatchd Digital Innovations (Pty) Ltd. These Terms do not grant you any ownership rights in the platform.
8.2 Your Content
You retain ownership of the content, data, and materials you upload or create using Konvertza ("Your Content"). By using the platform, you grant us a limited, non-exclusive, royalty-free licence to use, store, and process Your Content solely to the extent necessary to provide the services to you.
8.3 Feedback
If you provide suggestions, feedback, or ideas about the platform, you grant us the right to use that feedback without restriction or compensation to you.
9. Data Protection and Privacy
Your use of Konvertza involves the collection and processing of personal information, including information about your leads. Our collection and use of personal information is governed by our Privacy Policy (available at konvertza.co.za/privacy), which forms part of these Terms.
As an Agent, you are responsible for ensuring that any personal information you input into Konvertza has been collected lawfully and that the relevant data subjects have been informed of its use, in accordance with POPIA.
10. Availability and Uptime
We will make reasonable efforts to keep Konvertza available and functional. However, we do not guarantee uninterrupted or error-free access to the platform. We may carry out scheduled or emergency maintenance, and we will provide advance notice where reasonably practicable.
We are not liable for any loss or inconvenience arising from temporary unavailability, including outages caused by third-party service providers such as Meta, Google, Anthropic, or PayFast.
11. Limitation of Liability
To the maximum extent permitted by South African law:
- Konvertza is provided "as is" and "as available", without warranty of any kind, express or implied
- We do not warrant that the platform will be error-free, uninterrupted, or fit for any particular purpose
- We will not be liable for any indirect, incidental, consequential, or punitive damages, including loss of revenue, loss of leads, or reputational harm, even if we have been advised of the possibility of such damages
- Our total liability to you for any claim arising out of or relating to these Terms or your use of Konvertza shall not exceed the total subscription fees you paid in the three (3) months immediately preceding the event giving rise to the claim
Nothing in these Terms limits our liability for fraud, gross negligence, or any liability that cannot be excluded under South African law.
12. Indemnification
You agree to indemnify and hold harmless Hatchd Digital Innovations (Pty) Ltd, its directors, employees, and agents from and against any claims, damages, losses, or expenses (including legal costs) arising out of or relating to:
- Your use of the Konvertza platform
- Your breach of these Terms
- Your violation of any applicable law or third-party rights
- Any content you create or publish through the platform
13. Termination
13.1 By You
You may terminate your account at any time by contacting us at info@konvertza.co.za. Termination is subject to the cancellation provisions in Section 4.5.
13.2 By Us
We reserve the right to suspend or terminate your account, with or without notice, if we reasonably believe that you have:
- Violated these Terms or any applicable law
- Engaged in fraudulent, abusive, or harmful conduct
- Failed to pay subscription fees after reasonable notice
13.3 Effect of Termination
Termination does not affect any rights or obligations that arose prior to the termination date. Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive termination.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from or relating to these Terms or your use of Konvertza shall be subject to the exclusive jurisdiction of the South African courts.
Before initiating any formal dispute, we encourage you to contact us at info@konvertza.co.za so that we can attempt to resolve the matter informally within a reasonable timeframe.
15. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or through a notice within the platform at least 14 days before the changes take effect. Your continued use of Konvertza after that date constitutes your acceptance of the updated Terms.
If you do not agree to updated Terms, you must cancel your account before the changes come into effect.
16. General Provisions
- Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hatchd Digital Innovations (Pty) Ltd relating to your use of Konvertza.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- No waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights to an affiliate or in the event of a merger or acquisition.
17. Contact Information
Hatchd Digital Innovations (Pty) Ltd
Trading as Konvertza / Konvertza by Hatchd
Email: info@konvertza.co.za
Web: konvertza.co.za/terms
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.