Effective Date: 28 February 2026
Last Updated: 4 April 2026
These Terms of Service were adopted by Backchat Proprietary Limited (Registration Number: 2023/735133/07) ("Backchat", "we", "us", or "our") with effect from 28 February 2026.
These Terms record the various terms and conditions applicable to the engagement of any User with Backchat, including the interaction by any User with the Chatterbox Platform and corresponding Services. By creating an account, accessing, or using the Chatterbox Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Any miscellaneous policies or similar documents adopted by Backchat from time to time shall be construed as forming part of and specifically incorporated into these Terms of Service by reference, including our Privacy Policy, Usage Policy, and Disclaimers. If you do not agree to these Terms, you may not use our Services.
Capitalised terms used in these Terms of Service have the meanings given to them in the Glossary, unless otherwise defined herein.
The Chatterbox Platform is a self-service platform enabling Users to deploy an AI Agent to transmit voice and SMS communications in accordance with the pre-configured parameters of Campaigns. For the sake of clarity, the Platform presently supports only one-way communications and does not purport to engender active dialogue or two-way conversational capabilities.
The Platform enables Users to:
Nothing in these Terms of Service shall be construed as any service delivery guarantee and Backchat specifically disclaims any warranty (whether implied or otherwise) as to the merchantability or fitness of the Chatterbox Platform for any purpose whatsoever.
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By registering, you represent that you meet these requirements.
All prospective Users of the Chatterbox Platform (whether in a personal or representative capacity) shall be subject to the registration and verification procedures implemented by Backchat from time to time. You may register using your email address or via single sign-on (SSO) through Google, Apple, or Microsoft. Phone number verification is required separately when creating campaigns.
Backchat expressly reserves the right to reject any attempted User registration in circumstances where the prospective User fails to meet any of Backchat's verification procedures.
Notwithstanding the successful registration of any User profile on the Chatterbox Platform, such profiles shall be subject to ongoing compliance reviews by Backchat. All Users shall retain the responsibility to maintain updated information on their User profiles and shall be obliged to accede to all reasonable requests for updated and/or additional verification information, including (in the case of corporate Users) company registration documentation, tax clearance certificates, representative authorisations and/or such other KYC information as Backchat may deem necessary in the circumstances.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use.
The core functionality of the Chatterbox Services lies in the configuration of Campaigns on the Platform. Each Campaign must be configured utilising an official Chatterbox template. No User shall be entitled to manipulate (or attempt to manipulate) the unalterable scope of the parameters embedded into these templates. The principal variables associated with any intended Campaign include the content of the Campaign, the details and volume of Target Recipients, communication frequency, and the duration of the Campaign itself.
The Platform supports the following campaign types:
Campaigns may be configured for voice calls, SMS messages, or a combination thereof. Each channel is billed at its applicable rate. Users may create multiple campaign profiles, each associated with a dedicated phone number for outbound calls and SMS.
No outbound voice communications or SMS messages may be transmitted outside of business hours on Business Days. The Platform enforces South African legal calling hours:
These restrictions are system-enforced and cannot be overridden. Active campaigns are automatically paused at the end of each calling window and resumed when the next valid window opens. All outbound communications must be suspended in respect of any Target Recipient who has lodged a stop request with the initiating User and/or Backchat.
You are solely responsible for ensuring that you have obtained proper consent from all recipients before making calls or sending SMS messages through our Platform. This includes compliance with POPIA and any other applicable consent requirements. You must maintain and honour opt-out requests and do-not-call lists, and are responsible for removing numbers from your campaigns when recipients request to opt out.
The initiating User of any Campaign shall be obliged to implement reasonable measures to effectively process and manage third party complaints emanating from the execution of their Campaigns and, to the extent reasonably necessitated by the context, escalate these complaints to Backchat.
Backchat reserves the right, in its sole and unfettered discretion, to actively screen all Campaigns initiated by its Users on the Platform, including for the purposes of monitoring compliance with these Terms and analysing aggregated Campaign-related data in order to identify potential improvements to the Platform and corresponding Services.
Notwithstanding any screening measures implemented by Backchat, Users shall retain the responsibility to review, approve and manage the nature, content and execution of their Campaigns initiated on the Platform.
The fee framework applicable to the Chatterbox Services is a performance-based model underpinned by the principle that Users only incur Service Fees for each of the Successful Outcomes within any Campaign initiated on the Platform. Current rates for voice calls and SMS messages are displayed on the Platform. We reserve the right to change pricing with 30 days' notice.
Each User shall be obliged to maintain a Pre-Funded Wallet in order to utilise the Services available on the Platform. You fund your wallet by topping up via our payment provider, PayFast (Pty) Ltd. PayFast transactions are subject to their own terms of service. In accordance with this pre-funded model:
The monies deposited into a Pre-Funded Wallet can be withdrawn by the corresponding User but only to the extent that such monies do not form part of the Minimum Reserve Balance of any active Campaigns. Wallet credit balances are generally non-refundable except where required by law. We may, at our discretion, provide refunds for service issues caused by our Platform.
Voice calls are billed at the applicable per-call rate only when your message is successfully played to the recipient. Calls that go to voicemail, are unanswered, fail to connect, or where the recipient answers but the message does not play, are not billed.
SMS messages are billed at the applicable per-message rate upon sending. SMS delivery is dependent on carrier networks and is not guaranteed by Backchat. If SMS Fallback is enabled on a campaign, SMS messages sent to unsuccessful voice call recipients are billed at the applicable SMS rate per message.
The records, reports and reconciliations compiled by Backchat, whether published on the Platform or disseminated by any other means, shall constitute the prevailing record of any User's Pre-Funded Wallet and corresponding activity, including any Minimum Reserve Balances. Save for instances of manifest error, every User shall be bound by these records, reports and/or reconciliations.
New users may access a limited free trial of voice calls and SMS messages per verified phone number. Trial usage does not require a wallet balance. Once the trial allowance is exhausted, a funded wallet is required to continue using the Platform.
All User interaction on the Chatterbox Platform shall be subject to the Backchat Acceptable Usage Policy. Any breach of the Acceptable Usage Policy by any User shall constitute a material breach of these Terms of Service.
You agree NOT to use Chatterbox to:
Important: Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account without refund.
The Platform uses artificial intelligence services for the following features:
AI-generated content may not always be accurate or appropriate for all contexts. You are responsible for reviewing and approving all AI-generated content before it is used in campaigns. See our Disclaimers for further information.
Nothing in these Terms shall be construed as Backchat transferring, ceding, or assigning to any User any rights, title or interest in and to any Intellectual Property. All Intellectual Property which is made accessible to and/or produced, developed or discovered by any User through their engagement with the Platform shall constitute the sole and exclusive Intellectual Property of Backchat. The Chatterbox Platform, including all software, designs, trademarks, and content, is owned by Backchat and protected by intellectual property laws.
You retain ownership of any content you upload to our Platform (such as audio files, message text, and contact lists). By uploading content, you grant us a limited licence to use it solely for providing our Services to you, including processing by third-party AI and telephony services as necessary to deliver your campaigns.
Any attempt by a User to circumvent the Intellectual Property and/or corresponding rights of Backchat shall constitute a material breach of these Terms of Service.
Notwithstanding the technical and organisational measures implemented by Backchat to safeguard the data collected and/or Processed by it in connection with the Platform and the corresponding Services, every User shall retain the responsibility to implement all such measures as may be necessary to safeguard the integrity of their User profiles on the Platform and immediately notify Backchat of unauthorised access to these profiles.
All Personal Information Processed by Backchat in connection with the Platform and the corresponding Services shall be subject to the Backchat Privacy Policy, which is rooted in Backchat's compliance with the legislative framework regulating data protection and privacy in the Republic of South Africa, including POPIA and PAIA.
Any breach of the Backchat Privacy Policy by any User shall constitute a material breach of these Terms of Service.
Each User irrevocably warrants to and in favour of Backchat that:
Insofar as any warranty is promissory or relates to a future event, it shall be deemed to have been given by each User as at the due date for fulfilment of the promise or for the happening of the event. Each of the abovementioned warranties are separate and not limited by reference to any other warranty outlined in these Terms or any associated Policy. Any breach of a warranty shall constitute a material breach of these Terms of Service, irrespective of where it is recorded.
Each User shall indemnify and hold harmless Backchat (including its affiliates, directors, officers, employees, contractors and agents) from and against all liabilities, claims, demands, actions, losses, costs and expenses of whatsoever nature and howsoever arising as a consequence, whether directly or indirectly, of:
In the event of any liability being imposed on Backchat, such liability shall be limited to the total Service Fees paid by the User in the immediately preceding 12 (Twelve) months and, in any event, shall not extend to any indirect, special or consequential damage. To the maximum extent permitted by law:
The abovementioned indemnities and limitations on the liability of Backchat shall continue in full force and effect and remain binding on any User whose Backchat profile becomes deactivated for whatsoever reason.
We strive to maintain high service availability but do not guarantee uninterrupted access. We may suspend services for maintenance, updates, or circumstances beyond our control. We will provide reasonable notice when possible. Service availability is also subject to the calling hour restrictions described in Section 4.4.
Backchat shall be entitled to effect the immediate suspension of any User's profile and/or their access to the Services available on the Platform in circumstances where, according to the reasonable determination of Backchat:
The profile of any User shall be permanently deactivated where:
Upon the deactivation of any User's profile for any reason, the User concerned shall cease any authority to access the Platform and/or utilise any of the corresponding Services, and the balance of any Reserved Funds not yet refundable to the User concerned (as at the date of deactivation) shall be deemed to be forfeited.
Any User in default of these Terms of Service (or any associated Policy) shall be liable for the legal fees incurred by Backchat in the enforcement of the obligation(s) in default, irrespective of whether any formal legal proceedings are actually instituted.
Any dispute arising out of or in connection with these Terms of Service may be referred to any court of competent jurisdiction, provided however that each User shall submit to the non-exclusive jurisdiction of the Gauteng Division of the High Court of the Republic of South Africa, with its seat in Johannesburg.
While a dispute is continuing, each User shall be obliged to observe their obligations established by these Terms of Service until such time that a binding determination has been made dictating that any such obligation has been extinguished.
Any queries, recommendations or requests in connection with these Terms of Service must be directed via electronic mail to legal@backchat.co.za.
If any such notice is delivered during business hours, it shall be deemed to be received by Backchat on the date of successful transmission of the electronic mail. Any electronic mail sent after office hours or on a day which is not a business day will be presumed to have been received by Backchat on the following Business Day.
These Terms of Service and/or any associated Policy shall, in the sole and unfettered discretion of Backchat, be subject to all such amendments reasonably necessary to ensure their continued effectiveness, relevance, and compliance with evolving business needs, industry standards and legal or regulatory requirements.
Users will be notified of any updated versions of these Terms of Service and/or any associated Policy on the Platform. Any revised version of these Terms of Service or Policy shall take effect on at least 30 (Thirty) calendar days' notice, it being expressly recorded that User access to the Platform and corresponding Services shall be subject to express User acceptance of these revised Terms of Service or associated Policy.
For questions about these Terms, please contact us at:
By using Chatterbox, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.