Luma Automations: Client Terms (WhatsApp Assistant service)

Version 1.0 · Effective 9 October 2026

Who we are: Luma Analytics (Pty) Ltd (registration number 2026/428485/07), trading as Luma Automations ("Luma", "we", "us"). Website: askluma.co.za. Email: [email protected].

Who you are: the business that signs up for our service ("you", "the client").

These terms explain, in plain English, how our WhatsApp assistant service works and what each of us is responsible for. Please read them before you connect your WhatsApp number.

1. The service

1.1 We set up and run an AI assistant that answers your customers on your WhatsApp Business number, using the information you give us (for example your services, listings, FAQs, opening hours and booking rules).

1.2 What exactly we set up for you (assistant name, tone, features, number of numbers) is set out in your written quote or setup confirmation ("your quote").

1.3 We may improve or change how the service works over time. If a change materially reduces what you get, we'll tell you first (see clause 12).

2. AI can make mistakes

2.1 The assistant uses artificial intelligence. AI can misunderstand a question, give an incomplete or wrong answer, or say something you wouldn't have said.

2.2 You must check anything important yourself before relying on it. This includes prices, availability, bookings and appointments, and any legal, financial, medical, insurance or property information. Where the assistant takes a booking or captures a lead, treat it as a request until you or your team have confirmed it.

2.3 The assistant is a helper for your team, not a replacement for your professional judgement. You stay responsible for what your business offers and promises to its customers.

3. Your responsibilities

3.1 Accurate content. You'll give us accurate, up-to-date information (prices, listings, stock, hours, policies) and tell us promptly when it changes. The assistant can only be as accurate as what you give it.

3.2 WhatsApp and Meta rules. You'll comply with the WhatsApp Business Terms, the WhatsApp Business Messaging Policy, Meta's Commerce Policy and any other Meta terms that apply to your account.

3.3 POPIA and consent. You'll comply with the Protection of Personal Information Act, 2013 ("POPIA") and other applicable laws. This includes having a lawful basis to message your customers and honouring opt-outs.

3.4 No spam or unlawful use. You won't use the service for spam, unsolicited bulk marketing, misleading or unlawful content, or anything that infringes someone else's rights.

3.5 Your accounts. You'll keep your Facebook/Meta business login, WhatsApp Business app and payment method secure and in good standing.

3.6 Indemnity. You indemnify Luma against claims, losses and costs (including reasonable legal costs) that arise from your content or information, your instructions to us, your breach of Meta/WhatsApp terms or POPIA, or misuse of the service by you or your staff.

4. Meta, WhatsApp and other third parties

4.1 Message costs. You pay Meta's WhatsApp message charges directly to Meta, using the payment method you add in WhatsApp Manager. These aren't included in our fees.

4.2 Meta is in control of WhatsApp. Meta may review, limit, restrict, suspend or ban a WhatsApp number or business account, change its prices or change its rules. That's outside our control. We'll help where we reasonably can, but we aren't responsible for Meta's decisions.

4.3 Third-party services. The service relies on third-party providers, including Meta (WhatsApp Cloud API), Cloudflare (hosting and storage) and AI model providers (for example Anthropic and/or OpenAI). Their outages, changes or limits can affect the service.

4.4 No uptime guarantee. We work to keep the service running well, but we don't guarantee that it will be uninterrupted, error-free or available at any particular time.

4.5 WhatsApp Business app (coexistence). If you connect a number you already use in the WhatsApp Business app, you can keep using the app. Meta switches off some app features once a number is connected (for example broadcast lists, disappearing messages, view-once and live location), and group chats aren't handled by the assistant.

5. Fees and payment

5.1 Unless your quote says otherwise, our fees are:

All fees exclude VAT. If Luma is registered for VAT, VAT is added at the applicable rate.

5.2 Before go-live. The once-off setup (build) fee and your first monthly fee (pro-rated under clause 5.3 where applicable) must be paid in full before we hand over or switch on your assistant. We invoice these when you accept your quote. The assistant goes live once both are paid.

5.3 Monthly billing. The monthly fee is billed in advance and collected on the 1st of each month. If your service starts after the 1st, your first month is pro-rated by the number of days remaining in that month (including the start day), and full monthly billing on the 1st applies from the following month.

5.4 Later invoices. After go-live, we send each monthly invoice at least 7 days before the 1st of the month it covers. Monthly invoices and any other invoices are payable within 7 days of the invoice date, and monthly invoices in any event by the 1st of the month they cover.

5.5 If an invoice is unpaid after we've reminded you in writing, we may suspend the service until it's paid. Suspension doesn't cancel what you already owe.

5.6 We may change our fees on at least 30 days' written notice. If you don't accept the new fees, you may cancel before they take effect.

6. Term, cancellation and termination

6.1 The service runs month to month from the date it goes live, unless your quote sets a fixed term.

6.2 Cancellation by you: give us one calendar month's written notice (email to [email protected] is fine). The monthly fee is payable for the notice period.

6.3 Termination by either party: either of us may end the agreement on one month's written notice, or immediately by written notice if the other party materially breaches these terms and doesn't fix the breach within 10 business days of being asked to.

6.4 Immediate suspension: we may suspend the service immediately if continuing would break the law or Meta's rules, or if your account is being used for spam or abuse.

6.5 Disconnecting: you can disconnect your number from our service at any time in the WhatsApp Business app (Settings > Account > Business Platform) or in Meta Business settings. Disconnecting doesn't cancel your notice period.

6.6 Consumer Protection Act: if the Consumer Protection Act, 2008 ("CPA") applies to you, you also have any cancellation rights it gives you, and nothing in these terms limits them.

7. Liability

7.1 No indirect loss. To the extent the law allows, Luma isn't liable for any indirect, special or consequential loss, or for loss of profit, revenue, business, opportunity, sales, deals or commission, or loss of data, however it arises.

7.2 Cap. To the extent the law allows, Luma's total liability to you under or in connection with these terms is limited to the fees you paid to Luma in the 3 months before the event that gave rise to the claim.

7.3 What we don't exclude. Nothing in these terms excludes or limits liability that can't lawfully be excluded or limited, including liability for gross negligence or fraud, or any rights you have under the CPA (if it applies to you) that can't be waived.

8. Data and privacy (POPIA)

8.1 Roles. For your customers' personal information processed through the service, you are the responsible party and Luma is your operator under POPIA. We process that information only on your instructions and to provide the service, unless the law requires otherwise.

8.2 What we store:

8.3 Retention. We keep this information only as long as needed to provide the service. Message and contact data is kept for up to 12 months after the last activity on that conversation or contact, and is then deleted, unless you ask for a shorter period or the law requires us to keep it longer. Your assistant configuration is kept while the service is active.

8.4 When you leave. Within 30 days after the service ends, we'll on request give you an export of your data (for example as CSV/JSON) and then delete it from our systems, except where the law requires us to keep it. Backups and logs held by our providers are overwritten in their normal cycle.

8.5 Security. We take appropriate, reasonable technical and organisational measures to protect personal information. These include encrypted connections, encrypted storage of access tokens, restricted admin access and access controls. We'll tell you without undue delay if we become aware of a security compromise affecting your data, so you can meet your own POPIA notification duties.

8.6 Subprocessors. We use these providers to run the service: Meta Platforms (WhatsApp), Cloudflare (hosting and storage) and AI model providers (for example Anthropic and/or OpenAI). Some of these may process information outside South Africa. We use providers who are bound by data-protection terms that give adequate protection, as POPIA section 72 requires. We'll tell you before adding a new subprocessor that materially changes how your data is handled.

8.7 Requests. If a data subject or regulator contacts us about your data, we'll pass it on to you and help where reasonable.

8.8 Privacy notice. Read more in our privacy notice at askluma.co.za/privacy.

9. Intellectual property

9.1 You keep ownership of your content (listings, FAQs, branding, customer data).

9.2 We keep ownership of our software, prompts, templates and know-how. While the service is active, you have the right to use the service for your business.

10. Confidentiality

Each of us will keep the other's confidential information confidential and use it only for this agreement, except where disclosure is required by law.

11. Agreement and acceptance

11.1 These terms, together with your quote, form the whole agreement between you and Luma about the service. If your quote and these terms conflict, the quote wins for fees and scope.

11.2 You accept these terms by ticking "I agree to the Terms" when you connect your WhatsApp number, by signing your quote, or by using the service. The person accepting confirms they're authorised to bind the business.

11.3 We record the version you accepted, and when you accepted it.

12. Changes to these terms

We may update these terms. We'll give you at least 30 days' notice by email of any change that materially affects you. If you don't agree, you may cancel before the change takes effect. Continuing to use the service after that date means you accept the updated terms.

13. General

13.1 Governing law: these terms are governed by the laws of the Republic of South Africa, and the KwaZulu-Natal Division of the High Court, Durban, has jurisdiction. Either party may instead bring proceedings in the magistrate's court that has jurisdiction, where the law allows.

13.2 Notices: we send notices to the email address you gave us. You send notices to [email protected], or to the physical address in clause 13.3.

13.3 Domicilium and notices: Luma chooses as its address for legal notices and service of process (domicilium citandi et executandi): Luma Analytics (Pty) Ltd, 8 Euphorbia Lane, Simbithi Eco Estate, Ballito, 4039, and for email notices [email protected]. You choose the physical and email address in your quote or sign-up details. Either party may change its address by written notice.

13.4 No waiver: if either of us doesn't enforce a right straight away, that doesn't waive it.

13.5 Severability: if any clause is found unenforceable, the rest stays in force.

13.6 Assignment: you may not transfer this agreement without our written consent.

Version 1.0 · Effective 9 October 2026