Terms of Service

1. Introduction

Welcome to LuckyFlo (operated by JustBenjamin) ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of the LuckyFlo website, platform, and software services (collectively, the "Service").

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

2. Definitions

• "Service" means the LuckyFlo platform, including the website, dashboard, booking pages, and all related features.
• "User" means any individual or entity that accesses the Service, including Business Owners and Clients.
• "Business Owner" means a User who registers a business on the platform to manage appointments, staff, and services.
• "Client" means an individual who books appointments or interacts with a business through the Service.
• "Subscription" means a recurring paid plan that grants access to premium features of the Service.

3. Account Registration

When you create an account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.

You may not create more than one account per person. You may not use another person's account without their permission. You must notify us immediately of any unauthorized use of your account.

Age & Legal Capacity: You must be at least 18 years of age and possess the legal authority to enter into binding commercial contracts to register a Business Owner account. By registering, you represent and warrant that you meet this requirement.

4. Subscription & Billing

Certain features of the Service require a paid Subscription. Subscriptions are billed in advance on a recurring basis ("Billing Cycle"), either monthly or annually, depending on your selected plan.

• Free Trial: New Business Owners may receive a free trial period. At the end of the trial, your account will require a Subscription to continue using premium features.
• Auto-Renewal: Subscriptions automatically renew at the end of each Billing Cycle unless you cancel before the renewal date.
• Payment Processor: All payments are processed by PayFast (Network International). By subscribing, you agree to PayFast's terms of service.
• Price Changes: We reserve the right to adjust Subscription pricing. You will be notified at least 30 days in advance of any price increase. Continued use after the effective date constitutes acceptance.

5. Cancellation & Refunds

You may cancel your Subscription at any time from your Dashboard under Settings → Billing. Upon cancellation, your access continues until the end of your current Billing Cycle.

For full details on refunds and our delivery policy, please see our Refund & Delivery Policy.

6. Acceptable Use

You agree not to use the Service to:

• Engage in any fraudulent, deceptive, or illegal activity
• Upload or transmit malicious software, spam, or harmful content
• Impersonate any person or entity, or falsely represent your affiliation
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to any part of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to collect personal information about others without their consent
• Scrape, crawl, or use automated means to access the Service without our written permission

Violation of these terms may result in immediate suspension or termination of your account.

7. User-Generated Content

The Service allows Users to create content including but not limited to business profiles, service listings, and client reviews ("User Content").

• You retain ownership of your User Content.
• By posting User Content, you grant LuckyFlo a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content in connection with operating the Service.
• You are solely responsible for the accuracy and legality of your User Content.
• We reserve the right to remove any User Content that violates these Terms or is reported as inappropriate.

8. Communications

By using the Service, you consent to receive the following types of communications:

• Transactional Emails: Booking confirmations, cancellation notices, password resets, and account notifications sent via email.
• WhatsApp Messages: Booking confirmations, appointment reminders, and review requests sent via the WhatsApp Business API to the phone number associated with your booking.
• Service Announcements: Important updates about your account, subscription, or changes to the Service.

Transactional messages are essential to the operation of the Service and cannot be opted out of while using the platform. You may opt out of promotional communications at any time.

WhatsApp Consent Responsibility: Business Owners are strictly responsible for obtaining explicit, legally valid consent from their Clients before utilising the Service to send WhatsApp messages, in full compliance with Meta's Business Messaging Policies and applicable law. LuckyFlo accepts no liability for WhatsApp account suspensions, restrictions, or penalties resulting from a Business Owner's failure to obtain such consent.

9. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of LuckyFlo (operated by JustBenjamin) and its licensors. The Service is protected by copyright, trademark, and other laws of the Republic of South Africa.

You may not copy, modify, distribute, or create derivative works based on the Service or any part thereof without our prior written consent.

10. Data Processing & Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in compliance with POPIA.

Business Owners who collect client data through the Service are responsible for ensuring they have appropriate consent and comply with applicable data protection laws.

POPIA Roles: For the purposes of the Protection of Personal Information Act 4 of 2013 (POPIA), the Business Owner acts as the "Responsible Party" (data controller) in respect of all Client personal information collected through the Service, and LuckyFlo acts solely as the "Operator" (data processor) providing the technical infrastructure to facilitate that collection and processing. Business Owners bear primary accountability for lawful processing of Client data under POPIA.

11. Limitation of Liability

To the maximum extent permitted by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002:

11.1 No Warranty

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. LuckyFlo makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

11.2 Service Interruptions & Missed Bookings

LuckyFlo is a scheduling and communication tool. We expressly disclaim all liability for:

• Missed or lost appointments arising from Service downtime, errors, delays, or unavailability — whether planned or unplanned.
• Lost revenue or business interruption suffered by Business Owners as a result of the Service being unavailable, including during peak trading periods.
• Client no-shows or cancellations where the Service was used to send reminders or confirmations — LuckyFlo does not guarantee client attendance or behaviour.
• Booking data discrepancies arising from synchronisation delays, browser issues, or user error.

Business Owners are solely responsible for maintaining independent records of their appointments and client contact information. LuckyFlo is a supplement to, not a replacement for, sound business operations.

11.3 Third-Party Service Dependencies

The Service relies on third-party infrastructure and services, including but not limited to Google Firebase (database and cloud functions), Vercel (hosting), PayFast (payment processing), and Meta WhatsApp Business API (messaging). LuckyFlo is not liable for any outages, errors, data loss, or failures caused by these third-party providers, including:

• Payment processing failures or delays by PayFast
• WhatsApp message delivery failures due to Meta platform issues or carrier restrictions
• Database unavailability due to Google Cloud infrastructure incidents
• Email delivery failures due to third-party email service providers

11.4 Force Majeure

LuckyFlo shall not be liable for any failure or delay in performance arising from circumstances beyond our reasonable control, including but not limited to: load shedding or power outages, acts of God, natural disasters, civil unrest, government actions, internet or telecommunications failures, cyberattacks, pandemics, or any other event outside our reasonable control ("Force Majeure Event"). During a Force Majeure Event, our obligations are suspended for the duration of the event.

11.5 Cap on Liability

To the extent that any liability of LuckyFlo is not excluded by the above provisions, our total aggregate liability to you for all claims arising out of or in connection with the Service — whether in contract, delict, or otherwise — shall not exceed the total Subscription fees you paid to LuckyFlo in the three (3) months immediately preceding the event giving rise to the claim.

11.6 Exclusion of Consequential Loss

In no event shall LuckyFlo be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages whatsoever, including but not limited to: loss of profits, loss of revenue, loss of goodwill, loss of data, loss of business opportunity, or reputational damage — even if we have been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless LuckyFlo, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your User Content, or your violation of these Terms.

13. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.

We will endeavor to provide advance notice of planned maintenance where possible.

14. Termination

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or engage in conduct that we determine, in our sole discretion, is harmful to the Service, other Users, or third parties.

Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) shall survive.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

16. Dispute Resolution

In the event of any dispute arising from these Terms or your use of the Service, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue mediation before resorting to litigation.

Any legal proceedings shall be brought exclusively in the courts of the Republic of South Africa.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by posting the updated Terms on this page and updating the "Last Updated" date. For significant changes, we may also notify you via email.

Your continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms.

18. Contact Us

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

• Email: support@luckyflo.com
• Company: JustBenjamin (trading as LuckyFlo)
• Jurisdiction: Republic of South Africa