Terms of Service

By accessing, registering for, or using Marqly ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree with any part of these Terms, you must discontinue your use of the Platform immediately.

To use Marqly, you must register for an account. By registering, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding contracts.
• You are a business owner, freelancer, or authorized representative of a business registered or operating in South Africa.
• All registration information you provide is accurate, current, and complete.
• You will maintain the security and confidentiality of your account credentials, including your password and API keys.
• You are responsible for all activities that occur under your account, including actions taken by your team members or agents.

You must notify us immediately of any unauthorized use of your account by emailing security@marqly.co.za.

Marqly offers subscription-based access to the Platform with the following terms:

Plans

• Starter: Basic CRM and messaging features for solopreneurs and small businesses.
• Growth: Full CRM, AI features, marketing automation, and website builder for growing businesses.
• Scale: Enterprise-grade features, advanced automation, API access, and priority support.

Billing

• All prices are displayed and charged in South African Rand (ZAR) including VAT where applicable.
• Billing cycles are monthly or annual. Annual subscriptions receive a discount as advertised.
• Payments are processed securely by PayStack. We accept Visa, Mastercard, and instant EFT.
• Subscriptions auto-renew at the end of each billing cycle unless cancelled at least 24 hours before renewal.

Free Trial

We offer a 7-day free trial for new users. At the end of the trial, your account will be downgraded to a limited free tier or you may choose to subscribe. No payment is required during the trial period.

Refunds

• Monthly subscriptions: No refunds for partial months. You may cancel at any time; access continues until the end of the current billing period.
• Annual subscriptions: Full refund within 14 days of payment if the Platform has not been used. After 14 days, refunds are prorated for the unused portion.

Marqly provides an all-in-one business operating system including CRM, AI automation, WhatsApp/Email/SMS messaging, invoicing, website builder, and marketing tools. You agree to use these features responsibly:

Acceptable Use

• Managing your legitimate business customer relationships and sales pipeline.
• Sending communications to contacts who have consented to receive them (POPIA compliant).
• Creating a business website for your own enterprise.
• Processing payments for legitimate goods and services.

Prohibited Activities

• Sending spam, unsolicited bulk messages, or messages to individuals who have not consented (opt-in required).
• Using the Platform for any illegal activity, including fraud, money laundering, or sanction violations.
• Storing or transmitting malware, viruses, or any harmful code.
• Reverse engineering, decompiling, or attempting to extract the source code of the Platform.
• Using AI features to generate harmful, discriminatory, or illegal content.
• Accessing or attempting to access other users' accounts or data without authorization.
• Using the Platform to send communications on behalf of industries restricted by WhatsApp Business Policy (e.g., adult content, tobacco, firearms).

Marqly includes AI-powered features such as Smart Reply, AI drafts, content generation, and automated workflows. These features are subject to additional terms:

AI Processing

• AI features use third-party large language models (LLMs) to generate responses and content based on the context and instructions you provide.
• You retain full ownership of both your input prompts and the AI-generated outputs.
• AI outputs are provided "as-is" and may contain errors or inaccuracies. You are responsible for reviewing and editing AI-generated content before use.
• We do not use your business data or AI interactions to train public-facing AI models.

Automation

• You are responsible for configuring and testing workflows and automations.
• Automated messages sent via WhatsApp, SMS, or email must comply with applicable laws including POPIA and the Consumer Protection Act.

Marqly integrates with WhatsApp Business API, SMS gateways, and email services to enable business communication. By using these features:

• You agree to comply with Meta's WhatsApp Business Policy and WhatsApp Commerce Policy.
• You confirm that all message recipients have opted in to receive communications from your business.
• You acknowledge that WhatsApp messages are subject to Meta's terms of service and privacy policy.
• You must provide an opt-out mechanism in all commercial messages.
• Marqly facilitates message delivery but is not liable for delayed, undelivered, or blocked messages by third-party platforms.
• Message and template costs are billed separately based on usage, on top of your subscription fee.

Marqly's website builder allows you to create and publish a business website. By using this feature:

• You retain full ownership of all content you publish on your website.
• You are responsible for ensuring your website content does not violate any laws or third-party rights.
• Custom domains can be connected. Domain registration and renewal fees are your responsibility.
• Marqly provides hosting for websites built on the Platform but does not guarantee specific uptime for individual websites beyond our general SLA.
• You may export and take your website content with you at any time.

Our IP: The Marqly platform, including its code, design, logos, branding, and proprietary features, is owned by Marqly Technologies (Pty) Ltd. You are granted a limited, non-exclusive, non-transferable license to use the Platform during your subscription.

Your IP: You retain all rights to your business data, content, and AI-generated outputs. By using the Platform, you grant Marqly a limited license to process, store, and display your data solely for the purpose of providing our services to you.

• No unauthorized copying, modification, or distribution of the Platform.
• No reverse engineering, decompiling, or extracting source code.
• No reselling, sublicensing, or timesharing the Platform without written permission.

Marqly is committed to full compliance with the Protection of Personal Information Act (POPIA). Key data protection provisions include:

• We act as the operator for personal information you process through our Platform.
• You (our customer) are the responsible party for personal information you collect from your own customers and input into Marqly.
• We have implemented the technical and organizational measures described in our Privacy Policy to protect data.
• Data Processing Agreement (DPA) terms are incorporated into these Terms by reference.
• In the event of a personal information breach, we will notify you within 72 hours as required by POPIA Section 22.

For full details, see our Privacy Policy and POPIA Notice.

Marqly is committed to providing a reliable platform. Our service commitments:

• Uptime Target: 99.5% monthly uptime, excluding scheduled maintenance and force majeure events.
• Scheduled Maintenance: Notified at least 48 hours in advance via email and in-app notification. Typically occurs during off-peak hours (00:00–04:00 SAST).
• Support Response: Starter plan: 48 hours; Growth plan: 24 hours; Scale plan: 4 hours (business hours, SAST).
• Backups: Daily encrypted backups with 30-day retention for active accounts.
• Emergency Response: 24/7 critical incident response for security and availability issues.

To the maximum extent permitted by South African law, including the Consumer Protection Act 68 of 2008:

• Marqly's total aggregate liability to you for any claims arising from these Terms or your use of the Platform is limited to the total subscription fees paid by you in the 12 months preceding the event giving rise to the claim.
• Marqly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunity.
• Marqly is not liable for any damages arising from third-party services integrated with the Platform, including WhatsApp, PayStack, or AI model providers.
• Marqly is not liable for any content you generate or publish using the Platform, including AI-generated content that you choose to use without review.

We reserve the right to suspend or terminate your access to the Platform under the following circumstances:

Suspension

• Non-payment of subscription fees after a 7-day grace period.
• Violation of these Terms, including prohibited use of messaging features.
• Security concerns or suspected unauthorized access to your account.
• Complaints from WhatsApp or other third-party providers regarding your account.

Termination

• Either party may terminate with 30 days written notice.
• Immediate termination for material breach not cured within 14 days.
• Extended inactivity of 12+ consecutive months may result in account closure.

Data Export on Termination

Upon termination, you have 90 days to export your data. After this period, your personal information will be permanently deleted in accordance with our Privacy Policy, except where retention is legally required.

We may modify these Terms of Service from time to time. If we make material changes:

• We will notify you via email and/or in-app notification at least 30 days before the changes take effect.
• You have the right to terminate your account if you do not agree with the modified terms.
• Your continued use of the Platform after the effective date constitutes acceptance of the modified terms.
• Minor changes (e.g., contact details, regulatory updates) may take effect immediately with notification.

These Terms are governed by the laws of the Republic of South Africa.

Dispute Resolution

1. Negotiation: Parties shall first attempt to resolve disputes through good-faith negotiations.
2. Mediation: If negotiation fails, disputes shall be referred to mediation in Johannesburg, South Africa.
3. Arbitration: Unresolved disputes shall be finally settled by arbitration administered by the Arbitration Foundation of South Africa (AFSA) in accordance with its rules.

Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

For questions about these Terms of Service or any legal matters, please contact us: