1. About these Terms

These Terms of Service govern access to and use of the Code Zen website, ZenOS and any related services, implementation assistance, support, software access or digital services supplied by Code Zen.

By purchasing, subscribing to, starting a trial of, accessing or using a Code Zen service, you agree to these Terms together with any written proposal, order form, checkout terms, service description or other commercial terms presented to you at the time of purchase.

2. ZenOS and Code Zen services

ZenOS is a connected business platform that can include customer relationship management, messaging, WhatsApp-related functionality, lead capture, follow-up, booking, reviews, automation, websites, funnels, marketing tools, reporting and other functionality depending on the services selected and the capabilities available at the relevant time.

Code Zen may also provide implementation, configuration, support, consulting or other services where specifically included in a package, proposal or agreement.

3. Trials

Where Code Zen offers a free trial, the exact trial duration, access conditions, payment requirements, restrictions and conversion terms will be those displayed on the relevant sign-up or checkout page at the time the trial is started.

A self-service trial does not automatically include personal implementation, consulting or done-for-you setup unless this is expressly stated in writing.

4. Human-assisted implementation

Where a customer chooses a human-assisted or implementation route, Code Zen will provide the level of setup, guidance or implementation specifically described in the applicable proposal, package or written agreement.

Unless expressly agreed otherwise, human-assisted implementation does not mean unlimited consulting, unlimited custom development, unlimited integrations or unlimited ongoing done-for-you work.

5. Pricing and payment

Prices, subscription fees, setup fees, implementation fees, usage charges, payment intervals and any applicable taxes will be as displayed at checkout or confirmed in writing by Code Zen.

The customer is responsible for paying amounts due in accordance with the applicable invoice, checkout terms, proposal or subscription arrangement.

6. Third-party and usage charges

Certain functionality may rely on third-party providers or may incur usage-based costs. These can include, depending on the service used, messaging, WhatsApp, telephony, email, domains, advertising, payment processing, premium integrations, AI usage or other external services.

Any third-party or usage-based charges that are not expressly included in the customer’s Code Zen package remain the customer’s responsibility.

7. Customer responsibilities

Customers are responsible for:

• Providing accurate information needed to configure or operate the service.
• Maintaining appropriate login security and controlling access to their account.
• Ensuring they have lawful authority to upload, store, contact or process customer and prospect data.
• Complying with POPIA, direct-marketing rules, messaging-platform requirements and other applicable laws.
• Reviewing and approving business-specific messages, offers, workflows, automations, pages and content before they are used where appropriate.
• Obtaining any necessary permissions, consents, licences or rights for content and data they provide.

8. Acceptable use

You may not use Code Zen services for unlawful, fraudulent, abusive, deceptive, infringing or malicious activity, or in a way that materially interferes with the systems, services or rights of others.

Code Zen may restrict or suspend access where reasonably necessary to protect system security, comply with law, respond to abuse or prevent material harm.

9. Availability and changes

We aim to provide reliable services, but uninterrupted or error-free availability cannot be guaranteed. Platform features, third-party integrations, interfaces and technical capabilities may change over time.

Code Zen may update or improve its services where reasonably necessary, provided this does not remove a material service that has been expressly contracted without an appropriate commercial or practical resolution.

10. Third-party platforms

ZenOS may connect with or depend on third-party services such as messaging providers, payment processors, social networks, advertising platforms, domain providers, email providers or other integrations.

Code Zen does not control those third parties and cannot guarantee that a third-party integration or feature will remain available indefinitely or operate without interruption.

11. Intellectual property

Unless otherwise agreed in writing, Code Zen retains ownership of its brand, systems, methods, templates, software configurations, know-how, documentation and reusable intellectual property.

Customers retain ownership of their own business information, customer data, logos, trademarks and original content supplied to Code Zen.

12. Confidentiality

Each party should treat non-public business, technical, commercial and customer information received from the other party as confidential and use it only for the purpose of providing or receiving the relevant services, except where disclosure is required by law or authorised by the other party.

13. Cancellation, suspension and termination

Any minimum term, notice period, cancellation procedure, renewal arrangement or refund rule will be the one stated in the applicable checkout terms, proposal, subscription agreement or written commercial agreement.

Code Zen may suspend or terminate services for material non-payment, material breach, unlawful use, security risk or other serious misuse, subject to any rights and procedures required by applicable law or contract.

14. No guaranteed business result

Code Zen provides software, systems, implementation and related business tools intended to help customers manage and improve aspects of sales, marketing and customer growth. Results vary by business, market, offer, execution, data quality, advertising, customer behaviour and many other factors.

Code Zen does not guarantee a particular number of leads, sales, appointments, reviews, revenue or profit unless such a guarantee is expressly made in a separate written agreement.

15. Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental or consequential losses arising from use of the services where such exclusion is legally enforceable.

Nothing in these Terms excludes or limits rights or liabilities that cannot lawfully be excluded under South African law.

16. Privacy

Personal information is handled in accordance with the Code Zen Privacy Policy and applicable data-protection law.

17. South African law

These Terms are governed by the laws of the Republic of South Africa, unless another governing law is expressly agreed in writing for a specific service or customer arrangement.

18. Changes to these Terms

Code Zen may update these Terms from time to time. The latest version published on the Code Zen website will apply to ongoing use, subject to any specific written agreement already in force.

19. Contact Code Zen

For service, billing or legal questions, please contact Code Zen using the current contact details published on our website. You can also call or WhatsApp Code Zen on 076 418 3721.