Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Seela platform ("the Platform"), operated by Seela (Pty) Ltd ("Seela", "we", "us", "our"), a company registered in the Republic of South Africa.

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Definitions

• "Business User" refers to any business, sole proprietor, or organisation that registers for and uses the Platform to manage bookings, staff, customers, and related operations.
• "End Customer" refers to any individual who books or interacts with a Business User through the Platform, including via WhatsApp.
• "Services" refers to the booking management, scheduling, customer management, staff management, messaging, analytics, and related features provided through the Platform.
• "Content" refers to all data, text, images, and other materials uploaded to or generated through the Platform.

3. Service Description

Seela is a booking operating system designed for South African service businesses. The Platform provides:

• Online appointment scheduling and calendar management
• WhatsApp-integrated booking and communication
• Customer relationship management and profiles
• Staff scheduling, leave management, and commission tracking
• Service catalogue and pricing management
• Payment tracking and invoicing
• Business analytics and reporting
• Automated messaging (confirmations, reminders, follow-ups)

We reserve the right to modify, suspend, or discontinue any feature of the Platform at any time, with reasonable notice to active users where practicable.

4. Account Registration and Security

To use the Platform, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the accuracy of your account information
• Keeping your login credentials secure and confidential
• All activity that occurs under your account
• Notifying us immediately of any unauthorised access to your account

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or your business.

5. User Responsibilities

As a Business User, you agree to:

• Use the Platform only for lawful purposes and in accordance with these Terms
• Ensure that all customer data you collect and process through the Platform complies with POPIA, including obtaining necessary consent from your customers
• Not use the Platform to send unsolicited, abusive, or misleading communications
• Not attempt to access other users' accounts or data
• Not reverse engineer, decompile, or disassemble any part of the Platform
• Not use automated systems (bots, scrapers) to access the Platform without our express written permission
• Maintain accurate business, staff, and service information on the Platform
• Respond to customer data requests in accordance with POPIA

6. Booking and Cancellation Policies

Seela facilitates bookings between Business Users and End Customers. The following terms apply:

6.1 Booking Creation

Bookings may be created manually by the Business User, through WhatsApp automation, or through other Platform features. A booking is confirmed once it appears on the Business User's calendar with a "confirmed" status.

6.2 Cancellation

Individual Business Users are responsible for setting and communicating their own cancellation policies to End Customers. Seela does not impose a universal cancellation policy. Business Users may configure cancellation windows and policies within the Platform.

6.3 No-Shows

The Platform tracks no-show data for analytical purposes. Business Users are responsible for managing no-show policies with their customers directly.

6.4 Seela's Role

Seela acts as a technology platform and is not a party to the service agreement between the Business User and the End Customer. We are not responsible for the quality, safety, or legality of services provided by Business Users.

7. Payment Terms

7.1 Platform Fees

During the beta period, access to the Platform is provided free of charge. When pricing is introduced, current users will be notified in advance and offered early-adopter pricing. Continued use of the Platform after the introduction of fees constitutes acceptance of the applicable pricing.

7.2 Business Payments

Payments between Business Users and End Customers (for services rendered) are the sole responsibility of those parties. Seela tracks payment information (amounts, methods, status) for record-keeping purposes but does not process payments directly unless a payment integration is enabled.

7.3 Taxes

Business Users are solely responsible for determining and collecting any applicable taxes (including VAT) on services they provide. Seela does not provide tax advice.

8. Intellectual Property

All intellectual property rights in the Platform, including its design, code, features, branding, and documentation, are owned by Seela or its licensors. You may not copy, modify, distribute, or create derivative works based on the Platform without our express written permission.

You retain ownership of all Content you upload to the Platform. By uploading Content, you grant Seela a non-exclusive, worldwide licence to use, store, and process that Content solely for the purpose of providing the Services.

9. Data Protection and POPIA

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

9.1 Roles Under POPIA

For data collected by Business Users through the Platform (e.g., customer names, phone numbers, booking details), the Business User is the "responsible party" under POPIA, and Seela acts as an "operator" processing data on the Business User's behalf.

9.2 Business User Obligations

As a responsible party, you must ensure you have a lawful basis for collecting and processing customer data, provide customers with notice of how their data will be used, and respond to data subject requests in accordance with POPIA.

10. Limitation of Liability

To the maximum extent permitted by South African law:

• The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Seela shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform.
• Seela shall not be liable for any loss of revenue, bookings, data, or business opportunities resulting from Platform downtime, errors, or bugs.
• Our total aggregate liability for any claims arising from or related to these Terms or the Platform shall not exceed the total fees paid by you to Seela in the 12 months preceding the claim.
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited under South African law, including liability for fraud or gross negligence.

11. Indemnification

You agree to indemnify and hold Seela harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of or access to the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation, including POPIA
• Any dispute between you and an End Customer
• Any Content you upload to the Platform

12. Termination

Either party may terminate this agreement at any time:

• By you: You may close your account at any time by contacting us at hello@seela.co.za. We will delete your data in accordance with our Privacy Policy and applicable retention requirements.
• By us: We may suspend or terminate your access to the Platform if you breach these Terms, engage in fraudulent or illegal activity, or if we are required to do so by law. We will provide reasonable notice where possible.

Upon termination, your right to use the Platform ceases immediately. We will provide you with a reasonable opportunity to export your data before permanent deletion, subject to legal retention requirements.

13. Dispute Resolution

In the event of any dispute arising from or in connection with these Terms:

1. Informal resolution: The parties shall first attempt to resolve the dispute amicably through good-faith negotiation within 30 days of written notice of the dispute.
2. Mediation: If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
3. Arbitration: If mediation fails, the dispute shall be finally resolved by arbitration administered by AFSA in Johannesburg, South Africa, in accordance with its rules.

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

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the courts of South Africa, with Johannesburg as the preferred seat of jurisdiction.

15. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Seela.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. Seela may assign its rights and obligations without restriction.
• Force majeure: Seela shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, power failures, internet outages, government actions, or pandemics.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and, where appropriate, by email or in-app notification. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

17. Contact

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