Terms of Service

1. Agreement Overview

These Terms of Service (“Terms”) govern your use of Refiloe, an AI-powered WhatsApp assistant for personal trainers, provided by Refiloe Radebe (Pty) Ltd (“Refiloe,” “we,” “us,” or “our”).

By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Parties:

• “Refiloe,” “we,” “us,” or “our” refers to Refiloe Radebe (Pty) Ltd
• “Trainer,” “you,” or “your” refers to the personal trainer or fitness professional using our Service
• “Client” refers to the clients of Trainers who interact with the Refiloe system
• “Service” refers to the Refiloe WhatsApp AI assistant and related website at refiloe.africa

2. Service Description

2.1 What Refiloe Does

Refiloe is an AI-powered WhatsApp assistant that helps personal trainers automate administrative tasks, including:

• Client Communication: Automated responses to common client questions
• Booking Management: Scheduling and managing training sessions
• Payment Processing: Facilitating payments between trainers and clients
• Workout Creation: AI-assisted workout program generation
• Progress Tracking: Monitoring client fitness progress
• Habit Tracking: Helping clients build consistent habits
• Reminders: Automated session and payment reminders

2.2 What Refiloe Is Not

Refiloe is a tool to assist qualified fitness professionals. It is not:

• A substitute for professional fitness certification or qualifications
• A medical device or healthcare service
• A replacement for professional medical advice
• A guarantee of fitness results for clients

2.3 Service Availability

• We make reasonable efforts to keep the Service available and functioning
• The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control
• We do not guarantee uninterrupted or error-free operation
• WhatsApp availability is subject to Meta's (WhatsApp's) terms and service status

3. Account Registration and Eligibility

3.1 Eligibility

To use Refiloe, you must:

• Be at least 18 years of age
• Be a personal trainer, fitness coach, or fitness professional
• Have a valid WhatsApp account
• Have the legal authority to enter into these Terms
• Comply with all applicable laws in your jurisdiction

3.2 Account Creation

• You must provide accurate and complete registration information
• You are responsible for maintaining the security of your account credentials
• You must promptly notify us of any unauthorized access to your account
• One trainer may create multiple accounts if needed (e.g., for different business entities)
• Each account is for single-user access only; you may not share account credentials

3.3 Account Verification

We may require verification of your identity or professional status. Failure to provide requested verification may result in account suspension.

4. Subscription and Billing

4.1 Free Trial

• New users may receive a free trial period of up to one (1) month
• Free trial availability and terms may vary and are subject to change
• No payment information is required during the free trial
• At the end of the trial, you must subscribe to a paid plan to continue using the Service

4.2 Subscription Plans

We offer the following billing options:

• Monthly Subscription: Billed monthly in advance
• Annual Subscription: Billed annually in advance at a discounted rate

Current pricing is displayed on our Pricing page. Prices may vary by country and are subject to change with notice.

4.3 Payment Terms

• Payment is due in advance for all subscription periods
• We accept payment methods as displayed during checkout
• All prices are inclusive of applicable taxes unless otherwise stated
• You authorize us to charge your payment method automatically for recurring subscriptions

4.4 Failed Payments

• If a payment fails, we will attempt to process it again
• You have a three (3) day grace period to update your payment information
• After the grace period, your account may be suspended until payment is received
• We may charge late fees or reconnection fees at our discretion

4.5 Refunds

• Refunds are granted at our sole discretion
• Generally, subscription fees are non-refundable
• If you believe you are entitled to a refund, contact us at refiloe@refiloeradebe.co.za
• We may offer service credits instead of refunds in certain circumstances

4.6 Price Changes

• We may change subscription prices with at least 30 days' notice
• Price changes will apply to the next billing cycle after notice
• You may cancel before the price change takes effect
• Annual subscribers are protected from price increases until their renewal date

4.7 Taxes

• Prices may or may not include taxes depending on your jurisdiction
• You are responsible for any applicable taxes not collected by us
• We may collect and remit taxes where required by law

5. Acceptable Use

5.1 Permitted Uses

You may use Refiloe to:

• Manage your personal training business administration
• Communicate with your fitness clients
• Create and deliver workout programs
• Process payments for fitness services
• Track client progress and fitness metrics

5.2 Prohibited Uses

You may not use Refiloe to:

• Train clients in dangerous, harmful, or illegal activities
• Provide medical advice or treat medical conditions
• Harass, abuse, or send unsolicited messages to individuals
• Violate WhatsApp's Terms of Service or policies
• Engage in any illegal activity
• Infringe on intellectual property rights of others
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Resell or redistribute the Service without authorization
• Use the Service for any business other than fitness/personal training
• Impersonate another person or entity
• Collect data about others without their consent

5.3 WhatsApp Compliance

Your use of Refiloe must comply with WhatsApp's Terms of Service and Business Policy. Violations may result in:

• Suspension or termination of your Refiloe account
• WhatsApp restricting or banning your phone number
• Loss of access to the Service without refund

6. AI-Generated Content Disclaimer

6.1 Nature of AI Content

Refiloe uses artificial intelligence to generate content including workout programs, responses to client questions, and fitness recommendations. You acknowledge and agree that:

• AI-generated content is provided as suggestions only, not professional advice
• AI may produce inaccurate, incomplete, or inappropriate content
• AI does not have professional fitness certifications or medical training
• AI cannot assess individual client health conditions or contraindications

6.2 Trainer Responsibility

As a fitness professional using Refiloe, you are solely responsible for:

• Reviewing all AI-generated content before sending to clients
• Ensuring workout programs are appropriate for each client's fitness level and health status
• Modifying or rejecting AI suggestions that are inappropriate
• Maintaining your professional qualifications and standards
• Conducting proper client assessments and health screenings
• Referring clients to medical professionals when appropriate

6.3 No Professional Advice

Refiloe does not provide:

• Medical advice or diagnosis
• Physical therapy or rehabilitation protocols
• Nutritional advice beyond general fitness guidelines
• Treatment for injuries or medical conditions

You must not represent AI-generated content as professional medical advice to your clients.

6.4 Limitation of AI Liability

We are not liable for any harm, injury, or damages resulting from:

• Reliance on AI-generated workout programs or advice
• Errors or inaccuracies in AI-generated content
• Failure to review or modify AI suggestions
• Inappropriate use of AI content with clients

7. Trainer-Client Relationships

7.1 Independent Relationship

• You maintain an independent business relationship with your clients
• Refiloe is not a party to any agreement between you and your clients
• We do not employ, supervise, or control your fitness services
• You are solely responsible for the quality of your training services

7.2 Client Agreements

• You are responsible for having appropriate agreements with your clients
• This includes liability waivers, informed consent, and service terms
• Refiloe may provide templates to assist you, but these are for convenience only
• You must ensure your client agreements comply with local laws
• We are not liable for disputes between you and your clients

7.3 Client Data

• You are responsible for obtaining appropriate consent from clients to use Refiloe
• You must inform clients that an AI system will process their data
• You must comply with applicable data protection laws regarding client information

See our Privacy Policy for details on how we handle data.

7.4 Payments Between Trainers and Clients

• Refiloe facilitates payments but is not a party to the transaction
• Payment processing is handled by third-party providers (e.g., PayFast)
• We are not responsible for payment disputes between you and clients
• Refunds to your clients are your responsibility to manage
• Payment processor fees and terms apply as per their agreements

8. Intellectual Property

8.1 Refiloe's Intellectual Property

• The Refiloe name, logo, website, and Service are our property
• Our software, algorithms, and AI systems are protected by intellectual property laws
• You may not copy, modify, or reverse engineer our technology
• You may not use our branding without written permission

8.2 Your Content

• You retain ownership of content you create and upload (workout programs, client data, etc.)
• You grant us a license to use your content solely to provide the Service
• This license ends when you delete your content or close your account
• You warrant that you have rights to all content you upload

8.3 AI-Generated Content

• Workout programs and content generated by AI for your use belong to you
• You may use, modify, and share AI-generated content with your clients
• We retain rights to the underlying AI models and algorithms
• We may use anonymized, aggregated data to improve our AI systems

8.4 Feedback

If you provide suggestions or feedback about the Service, we may use it to improve Refiloe without any obligation to compensate you.

9. Data and Privacy

9.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Ownership

• You own your data including client information, workout programs, and business data
• You may export your data at any time through available export features
• You may request deletion of your data subject to legal retention requirements

9.3 Data Security

• We implement reasonable security measures to protect your data
• No system is completely secure; we cannot guarantee absolute security
• You are responsible for maintaining the security of your account credentials
• Report any security concerns to us immediately

9.4 Anonymized Data

We may use anonymized, aggregated data that does not identify you or your clients to:

• Improve and develop the Service
• Generate industry insights and benchmarks
• Train and improve our AI systems
• Conduct research and analysis

10. Account Suspension and Termination

10.1 Termination by You

• You may cancel your subscription at any time through your account settings or by contacting us
• Cancellation takes effect at the end of your current billing period
• You will retain access until the end of the paid period
• No refunds are provided for unused time in the current billing period

10.2 Suspension by Us

We may suspend your account immediately if:

• You fail to pay after the grace period
• We reasonably believe you have violated these Terms
• We receive complaints of abuse or policy violations
• We detect suspicious or fraudulent activity
• WhatsApp restricts your phone number
• Required by law or legal process

10.3 Termination by Us

We may terminate your account:

• For material breach of these Terms (with 7 days' notice to cure, where applicable)
• For repeated violations after warnings
• Immediately for severe violations (illegal activity, abuse, fraud)
• If we discontinue the Service (with 30 days' notice)

10.4 Effect of Termination

Upon termination:

• Your access to the Service will end
• We will retain your data for thirty (30) days to allow re-activation
• After 30 days, your data will be deleted (except as required by law)
• You remain responsible for any outstanding payments
• Provisions that should survive termination will remain in effect (confidentiality, limitation of liability, etc.)

10.5 Data Export

Before cancellation, we recommend exporting any data you wish to retain. After the 30-day retention period, data cannot be recovered.

11. Disclaimers

11.1 Service Provided “As Is”

11.2 No Guarantee of Results

We do not guarantee that:

• The Service will meet your specific requirements
• Your business will grow or improve
• Your clients will achieve fitness results
• AI-generated content will be accurate or appropriate
• The Service will be available at all times

11.3 Third-Party Services

The Service integrates with third-party services (WhatsApp, payment processors, etc.). We are not responsible for:

• Availability or performance of third-party services
• Changes to third-party terms or policies
• Actions taken by third parties
• Data handling by third parties

12. Limitation of Liability

12.1 Exclusion of Damages

12.2 Liability Cap

12.3 Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Refiloe and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your trainer-client relationships
• Content you create, upload, or share
• Your violation of applicable laws
• Claims by your clients related to your services

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at refiloe@refiloeradebe.co.za to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

14.2 Governing Law

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles.

14.3 Jurisdiction

Any disputes not resolved informally shall be subject to the exclusive jurisdiction of the courts of South Africa, located in Johannesburg.

14.4 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes with us on an individual basis and waive any right to participate in class actions.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Refiloe regarding the Service.

15.2 Modifications

• We may modify these Terms at any time with 30 days' notice
• Notice will be provided via email or through the Service
• Continued use after changes constitutes acceptance
• Material changes may require explicit consent
• If you disagree with changes, you may cancel before they take effect

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

15.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.5 Assignment

• You may not assign or transfer these Terms without our consent
• We may assign these Terms to an affiliate or successor without your consent
• Any attempted assignment in violation of this section is void

15.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, internet outages, or pandemics.

15.7 Notices

• We may send notices via email, WhatsApp, or through the Service
• You must send legal notices to: refiloe@refiloeradebe.co.za
• Notices are effective upon sending (email) or receipt (physical mail)

15.8 Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Refiloe.

16. Contact Information

For questions about these Terms of Service, please contact us:

Summary of Key Points