Terms of Service

1. Who these terms are with

These terms are an agreement between you and Grey Matter Consulting (Pty) Ltd ("Grey Matter", "GreyMC", "we", "us", "our"), registration number 2020/255888/07, a South African company. By using our website or any of our services you agree to them. If you do not agree, do not use them.

Where you sign a separate service agreement or order form with us, that document governs if it conflicts with these terms.

2. Definitions

• Dex - our WhatsApp assistant, which answers messages sent to a business's WhatsApp line and can capture enquiries and manage bookings
• Client - a business that subscribes to Dex or engages our agency services
• End customer - a person who messages a Client's WhatsApp line
• WhatsApp line - the business phone number connected to the WhatsApp Business Platform for a Client

3. Our services

We provide Dex as a subscription service, and we provide agency services including website design and development, search engine optimisation, social media management and paid advertising management. Deliverables, timelines and pricing for agency engagements are set out in individual service agreements.

4. Dex - how it works and what it does not do

Dex reads messages sent to your WhatsApp line and replies automatically using an AI model and the knowledge base you give us. Depending on what you enable, it can capture enquiries, record orders and create, change or cancel bookings on your calendar.

AI answers are not guaranteed

AI systems can produce answers that are wrong, incomplete or out of date. Dex answers from the knowledge base you supply, so the accuracy of what it tells your customers depends on what you give it and how current you keep it. You are responsible for the content of your knowledge base and for the commitments made to your customers on your line. We build in safeguards, including handing a conversation to a person, but we do not warrant that every answer will be correct.

Dex is not a substitute for professional advice. If your business gives medical, legal, financial or other regulated advice, you must not configure Dex to give that advice, and you remain responsible if you do.

No payments in chat

Dex does not take payments and does not send payment links. Your customers pay you through your own channels. We will not build a payment path into a WhatsApp conversation.

5. Your WhatsApp line

Dex runs on the WhatsApp Business Platform, which is operated by Meta. Two things follow from that, and you should read them before you choose a number.

Moving an existing number onto the platform destroys its chat history. If you migrate a number you already use, that number leaves the normal WhatsApp app and its existing conversations are not carried across. For that reason we normally provision a new, dedicated business number so your existing WhatsApp is untouched. If you instruct us to migrate an existing number instead, you accept the loss of that history.

Meta controls access to the platform. Meta can restrict, suspend or remove a number, a business account or messaging capability, and can change its pricing, policies and rate limits at any time. We do not control those decisions and are not liable for them, but we will tell you promptly and help you resolve what we can.

6. Your obligations

You agree that:

• You have obtained consent from the people you message, as the WhatsApp Business Messaging Policy requires, and you can evidence it
• You will comply with the WhatsApp Business Messaging Policy, the Meta Commerce Policies and all applicable law, including POPIA and the Consumer Protection Act
• You will honour opt-out requests, and you will not use the service to send spam or unsolicited marketing
• You own or are licensed to use the content you put in your knowledge base
• You will keep your dashboard and portal credentials secure, and tell us at once if they are compromised
• You will not use the service for anything unlawful, deceptive, or prohibited by Meta, and will not misrepresent who you are
• You are responsible for what your staff do in your account

Where we process end customer information for you, you are the responsible party under POPIA and we are the operator. You are responsible for having a lawful basis to collect it and for having your own privacy notice in place. Our Privacy Policy sets out how we handle it.

7. Fees and billing

• Dex is billed as a recurring subscription in South African Rand, in advance, through Paystack
• Prices exclude VAT unless stated otherwise
• Where a trial is offered, the terms of that trial are stated when it is given
• WhatsApp conversation charges levied by Meta, and any third-party costs such as advertising spend, are separate from our fees and are passed through or billed directly to you by that platform
• You may cancel at any time with 30 days notice, effective at the end of your current billing period. We do not refund part-months
• If payment fails we will tell you and give you a reasonable chance to fix it. We may suspend the service for continued non-payment

We may change our prices on 30 days written notice. If you do not accept a change you may cancel before it takes effect.

8. Availability and support

We aim to keep Dex running continuously and we monitor it, but we do not offer a guaranteed uptime figure unless we have agreed one with you in writing. The service depends on Meta, our AI providers and our hosting providers, and an outage at any of them can interrupt it. We will carry out planned maintenance outside business hours where we reasonably can.

9. Who owns what

• You own your data - your knowledge base, your conversations, your customer records, your bookings and your leads. You can export them, and you can ask us to delete them
• We own Dex, our platform, our code and everything on this website. Nothing here transfers that to you
• For agency project work, on full payment you receive ownership of the custom design and code we made for you. Third-party assets such as fonts, stock images and plugins stay subject to their own licences
• We may use aggregated, de-identified information about how the service performs to improve it. This never identifies you or your customers

10. Suspension and termination

We may suspend or terminate the service immediately if you materially breach these terms, if your use puts our platform or our WhatsApp Business Platform standing at risk, or if Meta requires it. Where circumstances allow, we will warn you first and give you a chance to put it right.

On termination we stop the service and delete your data on the timeline in our Privacy Policy. Ask us before that window closes if you want an export.

11. Limitation of liability

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by our negligence, or for fraud.

Subject to that, we are not liable for indirect, incidental or consequential loss, or for loss of profit, revenue, business, goodwill or data, arising from your use of our website or services. Our total liability for any claim is limited to the fees you paid us for the relevant service in the 3 months before the claim arose.

We are not liable for the acts or decisions of Meta or of any other third-party provider, or for loss arising from an answer Dex gave that came from a knowledge base you supplied.

12. Indemnity

You indemnify us against claims brought by your customers or by a regulator that arise from your use of the service in breach of these terms, in particular claims about messaging people who did not consent, or about content you put in your knowledge base.

13. Changes to these terms

We may update these terms. The current version is always on this page with the date it was last changed. For material changes affecting subscribers we will give 30 days notice. Continuing to use the service after that means you accept the change.

14. Governing law

These terms are governed by the laws of the Republic of South Africa, and disputes are subject to the jurisdiction of the South African courts. We will try to resolve any dispute with you directly first.

15. Contact

Email hello@greymc.co.za or call +27 81 557 1278.