Legal

Terms of Service

Effective 13 July 2026Last updated 5 October 2026

These Terms of Service (“Terms”) govern your access to and use of the qelo.co.za website and the services provided by Qelo (“Qelo”, “we”, “us”, “our”). Qelo is a brand of AVROQ (Pty) Ltd (registration number 2026/735641/07), a private company registered in South Africa. AVROQ (Pty) Ltd is the contracting party under these Terms and under any Order made beneath them. By using our website or engaging our services, you agree to these Terms. If you do not agree, please do not use the website or the services.

These Terms should be read together with our Privacy Policy, Acceptable Use Policy and Data Deletion Instructions, which are incorporated into them by reference.

1. The services

Qelo provides business software and integration services (Qelo Systems) and a WhatsApp marketing platform (Qelo Connect) built on the WhatsApp Business Platform, for sending approved messages to customers who opted in, reporting on delivery and keeping their replies in one place. In providing WhatsApp services, Qelo acts as a technology provider on behalf of its business clients using the WhatsApp Business Platform supplied by Meta Platforms, Inc. (“Meta”). The specific services, scope, deliverables and fees for an engagement are agreed separately in a quote, order or written agreement (an “Order”). Where an Order conflicts with these Terms, the Order prevails for that engagement.

2. Eligibility

The services are intended for businesses and for individuals aged 18 or older acting on behalf of a business. By using the services you confirm that you have the authority to bind the organisation you represent and that the information you give us is accurate.

3. Your responsibilities as a client

When we deliver messaging services for you, you remain the party responsible to your own customers and to the platforms we use. You agree that you will:

  • comply with the WhatsApp Business Messaging and Commerce Policies (opens in a new tab) and Meta’s applicable terms and policies, as well as our Acceptable Use Policy;
  • obtain and keep a record of valid opt-in consent from every recipient before any message is sent to them, and honour opt-out requests promptly;
  • only provide us with data you are lawfully entitled to share, and act as the responsible party (data controller) for your customers’ personal information under POPIA;
  • ensure that message content, templates, catalogues and offers are accurate, lawful, not misleading, and not for goods or services prohibited by the platforms or by law;
  • keep your account credentials and access secure and notify us of any suspected misuse.

You are responsible for the content you send and for the consequences of sending it. Meta may review, rate-limit, suspend or disable a WhatsApp Business Account that breaches its policies, and we are not liable for actions taken by Meta against an account as a result of your conduct.

4. Accounts and WhatsApp Business Accounts

Where an engagement requires a WhatsApp Business Account (WABA) or phone number, it is held in your own name and used only for your business. You authorise Qelo, as your technology provider, to manage the relevant assets on your behalf for the purpose of delivering the service. You retain ownership of your own business data and content.

5. Fees and payment

Fees are set out in the applicable Order. Unless stated otherwise, fees are quoted in South African Rand and exclude any platform, messaging or third-party charges. Meta bills WhatsApp message charges directly to your own WhatsApp Business Account at its published rates; Qelo does not resell them. Invoices are payable by the date stated on them. We may suspend services for accounts that are materially overdue, on reasonable notice.

6. Third-party platforms and services

Our services rely on third-party platforms, including Meta / WhatsApp, hosting providers and payment processors. Your use of those platforms is also subject to their own terms, and we do not control and are not responsible for their availability, changes, pricing or decisions. If a platform changes or withdraws functionality, we will work with you in good faith to adapt, but we are not liable for the platform’s own actions.

7. Acceptable use

Your use of the services must comply with our Acceptable Use Policy. We may suspend or terminate services, or remove content, where use breaches that policy, the platforms’ policies or applicable law.

8. Intellectual property

Qelo retains all rights in its own software, tools, workflows, templates, methods and website. You retain all rights in the content and data you provide. On full payment for a bespoke deliverable, you receive the licence or ownership set out in the applicable Order. Nothing in these Terms transfers rights in our underlying platform or reusable components.

9. Data protection

Each party will comply with POPIA and applicable data-protection law. Where Qelo processes personal information on your behalf, it does so as your operator, on your documented instructions and subject to appropriate security measures, as described in our Privacy Policy. You are responsible for having a lawful basis for the processing you ask us to perform.

10. Warranties and disclaimers

We provide the services with reasonable skill and care. Except as expressly stated, the services and website are provided “as is” and “as available”, and we do not warrant that they will be uninterrupted, error-free, or that message delivery, which depends on the platforms and the recipient, is guaranteed. To the extent permitted by law, we disclaim all other warranties, whether express or implied.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or goodwill. Our total aggregate liability arising out of or in connection with the services is limited to the fees paid by you to Qelo for the service giving rise to the claim in the three (3) months before the event. Nothing in these Terms excludes liability that cannot lawfully be excluded.

12. Indemnity

You agree to indemnify Qelo against claims, losses and costs arising from your breach of these Terms, the Acceptable Use Policy or the platforms’ policies, from the content you send, or from your failure to obtain the consents required to message your recipients.

13. Suspension and termination

Either party may terminate an engagement as set out in the applicable Order or on reasonable written notice. We may suspend or terminate access immediately where there is a serious breach, a legal or platform requirement, or a security or abuse risk. On termination, we will make your data available for export where reasonably practicable and then delete it in line with our Data Deletion Instructions, subject to any records we must retain by law.

14. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date above shows the current version. Where a change is significant we will take reasonable steps to notify you. Continued use after an update means you accept the revised Terms.

15. Governing law

These Terms are governed by the laws of the Republic of South Africa, and the parties submit to the jurisdiction of the South African courts. If any provision is found unenforceable, the rest remains in effect.

16. Contact

Questions about these Terms can be sent to info@qelo.co.za.

Qelo is a brand of AVROQ (Pty) Ltd (registration number 2026/735641/07), a private company registered in South Africa.
Email: info@qelo.co.za
Telephone: +27 64 537 6911