Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and FlowSale ("we", "us", "our") governing your access to and use of the FlowSale Point of Sale application ("App") and website ("Website"), collectively referred to as the "Services".

By creating an account, subscribing to our Services, or downloading or using the App, you confirm that:

• You have read, understood, and agree to be bound by these Terms.
• You are at least 18 years of age and have the legal capacity to enter into a binding agreement.
• If you are accepting these Terms on behalf of a business or other legal entity, you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use our Services.

2. Definitions

• "App" means the FlowSale Point of Sale Android application.
• "Device" means an Android tablet or mobile device on which the App is installed.
• "Licence" means a single-device software licence key that authorises the App to operate on one Device.
• "Licence Key" means the unique alphanumeric code issued to you upon subscription to activate a Licence.
• "Subscription" means your monthly paid access to the Services.
• "Subscription Fee" means the monthly fee payable per Device Licence under our volumetric pricing model: R650 for the 1st device (Solo tier), R500 per device for the 2nd–5th devices (Growth tier), and R400 per device for the 6th–10th devices (Scale tier). Fees are cumulative — each additional device is charged at the applicable tier rate. All fees are quoted exclusive of VAT.
• "Free Trial" means the 7-day complimentary access period granted to new customers on a single Device, at no charge and without requiring payment details.
• "Trial Period" means the 7 calendar days commencing on the date your Trial Licence is activated.
• "Business Data" means your products, customers, orders, and transaction data processed through the App.
• "Customisation Services" means bespoke development work performed by us at your request, subject to a separate written quotation.

3. Our Services

FlowSale provides a subscription-based Point of Sale application for Android devices. Our Services include:

• A 7-day Free Trial on a single Device, available to new customers at no charge.
• Access to the FlowSale App via direct APK download from our website.
• Issuance and management of Device Licences.
• Ongoing app updates and security patches delivered via direct download.
• Email-based customer support.
• Optional domain and email hosting add-ons, billed monthly or as a once-off charge as applicable.
• Optional Customisation Services, subject to a separate quotation and agreement.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice to you where practicable. We will not be liable to you for any modification, suspension, or discontinuation of the Services.

4. Account Registration

To access the Services, you must create an account by providing accurate and complete information, including your name, email address, and business details.

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Promptly notifying us of any unauthorised use of your account at support@flowsale.co.za.
• Ensuring your account information remains accurate and up to date.

We reserve the right to suspend or terminate accounts that contain false or misleading information.

5. Subscription & Payment

5.1 Free Trial

New customers may activate a 7-day Free Trial on a single Device at no charge. No payment details are required to start a Free Trial. The Free Trial provides full access to the App's features for the Trial Period on one (1) Device only.

The Free Trial expires automatically at the end of the 7-day Trial Period. To continue using the App after expiry, you must subscribe to a paid Subscription. Your data is retained on your Device and is not lost when the trial expires.

If you selected a custom domain or email hosting add-on during sign-up for the Free Trial, those services will only be provisioned and billed from day 8 onwards — i.e., from the first day of your paid Subscription. No charge for add-ons is incurred during the Trial Period. If you choose not to convert to a paid Subscription at the end of the Trial Period, those add-ons will not be activated and no charge will be applied.

FlowSale reserves the right to limit, modify, or withdraw the Free Trial offer at any time. Only one Free Trial is available per business entity. Attempting to obtain multiple trials through different accounts constitutes a breach of these Terms.

5.2 Subscription Fee

The Subscription Fee is charged on a volumetric per-device basis as follows:

• Solo (1st device): R650 per month
• Growth (2nd – 5th device): R500 per device per month
• Scale (6th – 10th device): R400 per device per month

Fees are cumulative. For example, 6 devices = R650 + (4 × R500) + R400 = R3,050 per month. Each Device on which you wish to use the App requires a separate Licence. All fees are quoted exclusive of VAT.

5.3 Billing

Subscriptions are billed monthly in advance. Payment is due at the start of each billing cycle. We accept payment via the methods made available on our Website at the time of subscription. For customers converting from a Free Trial, billing commences on day 8 (the first day following the Trial Period).

5.4 Late Payment

If payment is not received by the due date, we reserve the right to suspend your Licence(s) until outstanding amounts are settled. Continued non-payment may result in termination of your account in accordance with Section 14.

5.5 Price Changes

We may change the Subscription Fee at any time. We will provide at least 30 days' written notice of any price increase before it takes effect. Your continued use of the Services after the effective date of a price change constitutes your acceptance of the new fee. If you do not accept the new fee, you may cancel your Subscription before the change takes effect.

5.6 No Refunds

All Subscription Fees are non-refundable, except where required by the Consumer Protection Act 68 of 2008 or other applicable South African law. Cancelling your Subscription mid-month will not entitle you to a partial refund for the unused portion of the billing period.

5.7 Taxes

All fees are quoted exclusive of Value Added Tax (VAT). Where applicable, VAT will be added at the prevailing rate and reflected on your invoice.

6. Licence & Activation

6.1 Licence Grant

Subject to these Terms and payment of the applicable Subscription Fee, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on one (1) Device per active Licence for your internal business purposes.

6.1A Trial Licence

Upon registration for a Free Trial, we grant you a limited, non-exclusive, non-transferable, revocable Trial Licence to install and use the App on one (1) Device for the 7-day Trial Period only. The Trial Licence automatically expires at 23:59 on the 7th calendar day following activation. All restrictions in Section 6.7 apply equally to the Trial Licence. The Trial Licence may not be extended. To continue use beyond the Trial Period, you must activate a paid Subscription, which will result in the issuance of a new paid Licence Key.

6.2 One Licence Per Device

Each Licence Key activates the App on a single Device only. You may not use one Licence Key on multiple Devices. If you wish to use the App on additional Devices, you must purchase an additional Licence for each Device at the applicable Subscription Fee.

6.3 Activation Time

Following successful payment and sign-up, your Licence Key will be issued and emailed to you within 24 hours. We endeavour to process licences as quickly as possible, but do not guarantee activation within any particular timeframe where delays are caused by circumstances beyond our control.

6.4 Device Registration

On first use, the App generates a unique identifier for your Device and registers it against your Licence. This registration is used to enforce the one-Device-per-Licence restriction. You can manage registered Devices from your account dashboard.

6.5 Device Replacement

If you need to transfer a Licence to a replacement Device (e.g., due to loss, theft, or hardware failure), please contact us at support@flowsale.co.za. Device transfers are handled on a case-by-case basis.

6.6 Licence Suspension

Your Licence will be suspended if:

• Your Subscription payment lapses or fails.
• Your Subscription is cancelled.
• Your account is suspended or terminated for breach of these Terms.

A suspended Licence will display an expired or inactive notice within the App. Your Business Data is not deleted upon suspension.

6.7 Restrictions

You may not:

• Copy, reproduce, distribute, or resell the App or any part of it.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
• Modify, adapt, translate, or create derivative works of the App.
• Remove or alter any proprietary notices, labels, or marks on the App.
• Use the App for any unlawful purpose or in violation of any applicable law or regulation.
• Share, sub-licence, or transfer your Licence Key to any third party.

7. Acceptable Use

You agree to use the Services only for lawful business purposes and in accordance with these Terms. You must not:

• Use the Services to process fraudulent, deceptive, or illegal transactions.
• Attempt to gain unauthorised access to our systems, infrastructure, or other customers' accounts.
• Upload or transmit any malware, viruses, or other malicious code.
• Interfere with or disrupt the integrity or performance of the Services.
• Use the Services in any manner that could damage, disable, overburden, or impair our infrastructure.
• Use the Services in contravention of any applicable South African law, including but not limited to the Financial Intelligence Centre Act, the Consumer Protection Act, and the Electronic Communications and Transactions Act.

We reserve the right to investigate and take appropriate action — including suspension or termination — against any Customer who, in our sole discretion, violates this provision.

8. Intellectual Property

The App, Website, and all content, features, and functionality thereof — including but not limited to software, text, graphics, logos, and design — are and shall remain the exclusive property of FlowSale and its licensors, protected by South African and international copyright, trademark, and other intellectual property laws.

These Terms do not grant you any right, title, or interest in or to our intellectual property, except for the limited licence expressly granted in Section 6.

Any feedback, suggestions, or ideas you provide to us regarding the Services may be used by us without restriction or compensation to you.

9. Your Business Data

You retain full ownership of all Business Data you create, process, or store using the App. We do not access, use, or store your Business Data on our servers. All Business Data resides on your Device and your own business systems.

You are solely responsible for:

• The accuracy, legality, and completeness of your Business Data.
• Backing up your Business Data. We are not liable for any loss of Business Data resulting from device failure, loss, or theft.
• Ensuring your use of the App to process customer data complies with POPIA and any other applicable data protection laws.

10. Customisation Services

We offer custom development services on request. All Customisation Services are:

• Subject to a separate written quotation provided by us upon receipt of your requirements. There is no obligation on either party to proceed after a quotation is issued.
• Subject to a separate written agreement governing scope, timeline, payment terms, intellectual property ownership, and warranties, which will be provided when a quotation is accepted.
• Not included in the standard Subscription Fee. Customisation work is priced and invoiced separately.

We make no guarantee that we will be able to accommodate any particular customisation request. Our ability to deliver Customisation Services depends on technical feasibility and our available capacity at the time of the request.

11. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, to the fullest extent permissible under applicable law.

We do not warrant that:

• The Services will meet your specific business requirements.
• The Services will be uninterrupted, error-free, or free from viruses or other harmful components.
• Any errors or defects in the Services will be corrected within any specific timeframe.
• The results obtained from using the Services will be accurate or reliable.

Nothing in these Terms excludes or limits warranties that cannot be excluded under the Consumer Protection Act 68 of 2008 or other applicable South African law.

12. Limitation of Liability

To the maximum extent permitted by applicable South African law, FlowSale and its directors, employees, agents, and contractors shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, business, or goodwill.
• Costs of substitute products or services.
• Losses arising from your inability to use the Services due to internet outages, device failure, or circumstances beyond our control.

Our total cumulative liability to you in connection with the Services, whether in contract, delict, or otherwise, shall not exceed the total Subscription Fees paid by you in the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless FlowSale, its directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services in violation of these Terms.
• Your violation of any applicable law or regulation.
• Your Business Data, including any claim that your Business Data infringes any third-party rights.
• Your breach of any representation or warranty made in these Terms.

14. Termination

14.1 Cancellation by You

You may cancel your Subscription at any time by contacting us at support@flowsale.co.za or through your account dashboard. Cancellation will take effect at the end of the current billing period. No refund will be issued for the remaining days of the billing period.

14.2 Termination by Us

We may suspend or terminate your account and access to the Services immediately and without prior notice if:

• You breach any provision of these Terms and fail to remedy the breach within 7 days of written notice from us.
• You fail to pay any amount due under these Terms.
• We reasonably suspect fraudulent, abusive, or illegal activity on your account.
• Continued provision of the Services would expose us to legal liability.

14.3 Effect of Termination

Upon termination or expiry of your Subscription:

• Your Licence(s) will be deactivated and the App will display an inactive notice.
• Your access to account management features will be removed.
• Sections of these Terms that by their nature should survive termination (including Sections 8, 11, 12, 13, 16, and 17) will continue to apply.

Termination does not affect any rights or obligations that accrued before the effective date of termination.

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email (to the address on your account) at least 14 days before the changes take effect and will update the "Last updated" date at the top of this page.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must cancel your Subscription before the changes take effect.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The following legislation, among others, may be applicable:

• The Electronic Communications and Transactions Act 25 of 2002
• The Consumer Protection Act 68 of 2008
• The Protection of Personal Information Act 4 of 2013
• The Companies Act 71 of 2008

17. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter through good-faith negotiation.

If a dispute cannot be resolved through negotiation within 30 days of written notice, either party may refer the matter to mediation administered by the Arbitration Foundation of Southern Africa ("AFSA") or such other mediator as the parties may agree upon.

If mediation fails, the dispute shall be finally resolved by arbitration in accordance with the AFSA rules. The arbitration shall take place in , South Africa, and shall be conducted in English. The arbitral award shall be final and binding on both parties.

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

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any separate written agreement for Customisation Services, constitute the entire agreement between you and FlowSale regarding the Services and supersede all prior agreements, representations, and understandings.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to in writing.

18.4 Assignment

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

18.5 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, power outages, internet service interruptions, strikes, government actions, or pandemics.

18.6 Notices

All notices to us under these Terms must be in writing and sent to legal@flowsale.co.za. We may send notices to you at the email address associated with your account.

18.7 Language

These Terms are written in English. In the event of any conflict between this English version and any translation, the English version shall prevail.

19. Contact Us

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