By using our Services, including but not limited to, initiating a WhatsApp chat or subscribing, you irrevocably agree to be bound by these terms and conditions ("Terms").
These Terms form a binding agreement between you (the "User") and Pronto Inc. ("Pronto").
1. Description of Services
Pronto provides a subscription-based service where the User describes their business via WhatsApp, and our AI agent generates, refines, and deploys a unique and custom website based on the User's input. The Services include:
- Conversational website building via WhatsApp.
- Generation of tailored website content, structure, and design.
- Preview links for review before going live.
- Hosting of the website on a custom domain.
- Ongoing maintenance and custom updates as part of your active subscription.
- A personal dashboard providing statistics of traffic on a User's website.
WhatsApp is used only as the communication and delivery channel for this service. Pronto is not a general-purpose artificial intelligence assistant, large language model distributor, or open-ended conversational AI provider. The primary service we offer is professional website creation, hosting, and maintenance for small businesses. Any automated processing or generation that occurs during the WhatsApp conversation is strictly incidental and ancillary to this core business service, as permitted under the WhatsApp Business Solution Terms.
We do not provide, offer, or distribute general-purpose AI capabilities; all interactions are scoped exclusively to website-related tasks for your specific business.
2. Eligibility and Account
To use the Services, you must be at least 18 years old and capable of forming a binding contract under South African law. Your WhatsApp phone number serves as your primary identifier and account. No separate username or email is required for initial interactions, but you will be required to provide additional details to create a Pronto profile, for payments and domain registration.
You agree to provide accurate, current, and complete information during the WhatsApp conversation. You are responsible for maintaining the confidentiality of any payment or domain details shared.
3. Subscription and Payment
Fees
Pronto charges a subscription fee of $14.99 USD per month for the creation, hosting, and ongoing management of your custom website, including access to a personal dashboard for viewing traffic statistics.
All fees are quoted and billed in United States Dollars (USD). Prices are exclusive of any applicable taxes, including VAT (no VAT is currently applied). Fees are subject to change with 30 days' notice.
Payments are processed via Stripe, which supports billing in local currency where available based on your location and payment method. If Stripe presents the charge in your local currency, it will convert the $14.99 USD amount using its then-current exchange rate (which includes any applicable conversion fees charged by Stripe or your card issuer/bank). Pronto has no control over these exchange rates or any additional fees imposed by Stripe, your payment provider, or your bank.
Billing
Subscriptions are billed monthly in advance and auto-renew unless cancelled. You authorize Pronto (via Stripe) to charge your provided payment method for the recurring fee. If a payment attempt fails, we (or Stripe) will reattempt processing. Continued failure may result in suspension or termination of your subscription and website access (see Section 7).
You acknowledge that the final amount debited from your account in local currency may differ from $14.99 USD due to exchange rate fluctuations, currency conversion fees, or other charges applied by third parties (e.g., your bank, card issuer, or Stripe). Pronto is not responsible or liable for any such differences, fluctuations, additional fees, or resulting costs.
Taxes
You are responsible for any applicable taxes, duties, or levies imposed on the subscription fees in your jurisdiction. Currently, no VAT or similar sales tax is applied by Pronto. If tax obligations arise in the future (e.g., due to regulatory changes or your location), they will be added to the billed amount where required and you will receive the necessary communication in this regard.
Refunds
Subscriptions are non-refundable unless and except required by the Consumer Protection Act 68 of 2008 ("CPA"). You may cancel your subscription at any time via WhatsApp or by contacting us, but no prorated refunds will be issued for partial billing periods. Upon cancellation, your website will remain accessible until the end of the current paid period, after which it will be taken offline (see Section 7).
4. Intellectual Property
Pronto's IP
All websites generated through the Services, including templates, code, AI-generated content (e.g., headlines, descriptions), structure, and design elements, are the intellectual property of Pronto and protected under the Copyright Act 89 of 1978, and Patents Act 57 of 1978 (where applicable). You are granted a limited, non-exclusive, revocable license to use the website solely for your business purposes during your active subscription.
Pronto retains all rights, title, and interest in the underlying technology, AI models, prompts, and any derivatives created from the Services.
User Content
You retain ownership of any content you provide (e.g., business name, descriptions, images, logos). By providing such content, you grant Pronto a worldwide, royalty-free license to use, modify, and incorporate it into your website as part of the Services. You warrant that your content does not infringe on any third-party rights.
Website Ownership and Buyout
Your website remains Pronto's intellectual property. Upon subscription termination or payment failure, the website will be taken offline immediately (see Section 7). If you wish to obtain full ownership and have Pronto export the website (e.g., as static HTML files) for use elsewhere, you may request this by paying a flat fee of $300.00 USD. Upon payment, we will transfer ownership of the customized content, your domain and provide you with the files. No ongoing support or hosting will be provided post-transfer.
5. User Responsibilities
You agree not to:
- Use the Services for illegal purposes or in violation of any law.
- Upload harmful, offensive, or infringing content.
- Attempt to reverse-engineer, hack, or disrupt the Services.
- Misrepresent your business or provide false information.
You indemnify Pronto against any claims arising from your use of the Services or your content.
6. Data Protection and Privacy
Pronto complies with the Protection of Personal Information Act, 2013 ("POPIA"). Pronto collects and processes personal information solely to provide the Services contemplated in Section 1.
In compliance with the WhatsApp Business Solution Terms, we do not use, share, or allow any Business Solution Data (including messages, metadata, or derived forms) to create, develop, train, or improve any machine learning or AI models beyond fine-tuning exclusively for our internal, private use in delivering this specific website service. No Business Solution Data is used to benefit or improve any third-party or general AI systems.
For full details, see our Privacy Policy.
7. Termination and Suspension
By You
You may cancel your subscription at any time via WhatsApp. Cancellation takes effect at the end of the current billing period.
By Pronto
We may suspend or terminate your access if:
- Payment fails or is overdue.
- You breach these Terms.
- For maintenance or legal reasons.
Upon payment failure, your website will go offline immediately until payment is rectified. If not resolved within 7 days, the subscription may be terminated, and data deleted after 30 days.
Pronto shall admit or accept no liability for loss of access or data upon termination.
8. Limitation of Liability
To the extent permitted by the CPA and other laws, Pronto is not liable for indirect, consequential, or punitive damages, including loss of profits or data. The Services are provided "as is" without warranties, express or implied, including fitness for purpose.
Pronto relies on the WhatsApp Business Platform to deliver communications and the service experience. We have no control over WhatsApp/Meta's policies, enforcement decisions, technical availability, account approvals, or changes to the Business Solution Terms. If WhatsApp in any way restricts or influences Pronto's services to the User, we will use reasonable efforts to notify you and explore alternative communication methods. You acknowledge that service continuity depends on third-party platform policies, and Pronto is not responsible for any interruption, data loss, or business impact caused by WhatsApp/Meta actions.
9. Indemnity
You agree to indemnify and hold Pronto, its directors and affiliates harmless from any claims, losses, or liabilities arising from your use of the Services or your content in a manner that violates the WhatsApp Business Solution Terms or any law that might trigger enforcement action against us.
10. Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than obligations to pay any amounts due) to the extent that such failure or delay is caused by an event or circumstance beyond its reasonable control.
Force Majeure Events include, but are not limited to:
- acts of God, natural disasters, epidemics/pandemics, alien invasions;
- war, invasion, or acts of terrorism;
- governmental actions, regulations, or embargoes;
- strikes, lock-outs, or other industrial action;
- widespread failure of telecommunications, internet infrastructure, or utility services.
The party affected by a Force Majeure Event shall promptly notify the other party in writing (which may include WhatsApp or email) of the event and its expected impact and use commercially reasonable efforts to mitigate the effects and resume performance as soon as practicable.
11. Governing Law and Dispute Resolution
These Terms are governed by South African law. Disputes shall be resolved through negotiation, then mediation under the Arbitration Foundation of Southern Africa (AFSA) rules. If unresolved, arbitration shall take place under AFSA rules. This complies with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and CPA for fair dispute processes.
12. Miscellaneous
Changes
We may modify, restrict, or discontinue any aspect of the Services (including WhatsApp-based features) at any time to comply with applicable laws, third-party platform requirements (including WhatsApp Business Solution Terms), or to mitigate risk of suspension/termination by WhatsApp/Meta. Such changes will be communicated with reasonable notice where possible. Continued use after changes constitutes acceptance.
Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and Pronto with respect to the Service and supersede all prior or contemporaneous understandings, communications, agreements, representations or warranties, whether oral or written.
No Waiver
No failure or delay by Pronto in exercising any right, power or remedy under these Terms shall operate as a waiver of that right, power or remedy, nor shall any single or partial exercise preclude any other or further exercise of the same or any other right, power or remedy.
Electronic Acceptance
Your use of the Service, or any affirmative electronic confirmation (including, without limitation, sending a WhatsApp message to initiate the Service) constitutes your legally binding acceptance of these Terms under the ECTA or equivalent applicable law.
Contact
For any questions, contact hello@getpronto.dev.