Draft: this page is still being reviewed and filled in. It is not final and not yet in force.

Thankwrap Terms of Use

DRAFT for review by a South African attorney. Not legal advice. Fill in every [bracket]. Present these terms in the app (for example on first launch and under About) and on a web page. CPA sections 22 and 49 require plain language and that the risky parts (the ones in bold) are drawn to your attention.

Last updated: [date]

1. Who we are and who you are

These terms are between Buysave PTY Ltd, registration number [number or "sole proprietor"], of [physical address], email legal@thankwrap.app, phone [number], website https://thankwrap.app ("we", "us") and you, the person who installs or uses the Thankwrap app ("the app"). You agree to these terms by installing or using the app. If you do not agree, please uninstall it.

Our details for ECTA section 43: [legal name and legal status]; [physical address, which is also our address for legal papers]; [phone]; [website and email]; [registration number, office bearers and place of registration if a company]; [membership of any industry body: none / name]; [any code of conduct or dispute resolution scheme: none / name].

2. What the app does

Thankwrap helps you photograph presents and cards, record who gave what, and write and send thank-you messages. It can also help you make a picture invitation and keep a guest list for a celebration. Messages and invitations are sent by you through WhatsApp. An optional AI feature drafts thank-you messages. Your photos, lists and notes are stored on your phone. Our Privacy Policy (https://thankwrap.app/privacy) explains what is sent where. It forms part of these terms.

3. Who may use it

You must be 18 or older and able to enter into a contract. If you are younger, a parent or guardian must use the app instead. The app is not for children.

4. Your licence

We give you a personal, non-exclusive, non-transferable, free licence [or: licence for the price you paid] to install and use the app on your own Android devices, for personal and household use. You may not copy, sell, rent, reverse-engineer or attack the app or our server, or use it to send bulk or unwanted messages.

5. Your content and other people's information

Your photos, notes and messages remain yours. We do not claim ownership. We do not receive them, except the text you choose to send for an AI draft (see Privacy Policy).
When you use AI, you give us permission to send that text to Anthropic to produce your draft, and to process it only for that purpose.
You are responsible for the information you enter about other people (givers, guests, children) and for having a good reason to use it. Use the app only for your own personal and household purposes. Do not use it to harass, threaten, deceive or embarrass anyone, or to send unlawful content. Using the app to send harmful messages may be a crime in South Africa (for example under the Cybercrimes Act 19 of 2020, sections 14 to 16).
You decide whether to send a message and to whom. Please follow WhatsApp's own terms (https://www.whatsapp.com/legal/terms-of-service). We are not responsible for what you send or for how WhatsApp treats your account.
Take photos only where it is lawful and fair to do so, and be considerate about photographing other people's children.
Rules for invitations and guest lists are in sections 7 and 8.

6. AI drafts

Drafts are produced by an AI model. They can be wrong, repeat a mistake from a card, or be unsuitable. Read and edit each draft before sending. You are responsible for any message you send.
Drafts are generic suggestions. We do not promise they are original, accurate or free from third-party rights.
You may use drafts as you wish. As between you and us, we claim no rights in them. The law on who owns AI-generated text is unsettled, so we cannot promise any exclusive rights.
The AI is switched off until you allow it, and you can switch it off again at any time.

7. Invitations

The invitation maker draws a picture on your phone from what you type. Thankwrap does not receive it. When you tap Send on WhatsApp, the picture and message are handed to WhatsApp and go to whoever you choose.
You are responsible for what your invitation says and shows, including the name, date, time, place and RSVP phone number. Check them before you send. We are not responsible for a wrong or out-of-date detail, or for a guest who goes to the wrong place or time.
You must have permission to send an invitation to each guest, and to put an RSVP phone number on it (it will be seen by everyone who gets the invitation and anyone they pass it on to). Send invitations only to people you know and who would reasonably expect them.
We do not promise that WhatsApp will deliver an invitation, that a guest will see it or reply, or that anyone will come. The designs are examples: fonts and layout can look a little different on different phones.
Invitations made on the free plan carry a small "Made with Thankwrap" line. The unlock removes it.
Thankwrap is not made by, connected to or endorsed by WhatsApp or Meta. "WhatsApp" is their name and is used only to say where your message is sent.

8. Guest lists

A guest list is your own record, kept only on your phone. Thankwrap does not receive it and cannot see or recover it.
You choose who to add, by typing a name or by picking one contact at a time with Android's contact picker. You are responsible for having a good reason to keep each guest's details and for using them only for your celebration. Remove a guest if they ask you to.
Replies are ticked by hand. Thankwrap does not read your WhatsApp chats and cannot see who has replied. The counts it shows are only as accurate as what you tick. "Messaged" means you opened a WhatsApp message for that guest, not that it was sent, delivered or read. Do not rely on the counts for anything where a mistake would matter (for example catering numbers or venue limits) without checking yourself.
Guest names can appear as one-tap suggestions when you record who a present is from. If you then use an AI draft, that person's name is part of the text sent for the draft (see the Privacy Policy).

9. Prices and purchases

The app is free to download and to use within the free limits (2 celebrations a year, 5 AI drafts and 3 invitation designs, with a small "Made with Thankwrap" line on free invitations). A one-time unlock adds unlimited celebrations, AI drafts (up to 300 a month), all 8 invitation designs without the Thankwrap line, and the printable PDF keepsake. It costs [R amount, including VAT if charged]. Payment is handled by Google Play under Google's terms. The price shown in Google Play at the time of purchase is the full price. [The unlock is delivered immediately, can be restored on any device signed in to the same Google account, and does not renew.] Google's refund process applies to Google Play purchases: see https://support.google.com/googleplay/answer/2479637 [verify the current policy and link].

Your cancellation rights. If you buy from us electronically, the Electronic Communications and Transactions Act 25 of 2002 gives you 7 days to cancel a service after buying, with a refund within 30 days, unless the service already began with your agreement within those 7 days or software was unsealed (section 42(2)(d) and (g)). Because the unlock is delivered immediately, [it is likely that the exceptions apply. Your attorney should confirm. As a goodwill measure we will refund a purchase if you ask within [7] days and have not used the unlocked features / if the unlock does not work]. These terms do not limit any rights you have under the Consumer Protection Act 68 of 2008 (CPA).

[If a subscription is ever added: state the price, period, that it renews automatically, how to cancel in Google Play at any time, and note that CPA section 14 gives you the right to cancel a fixed-term agreement on 20 business days' notice. Do not add a subscription without legal advice.]

10. Availability and changes

We try to keep the app and the AI service working, but we do not promise it will always be available or error-free. The AI service depends on other companies and may be limited, busy or withdrawn. If it is, the app still works with simple template messages. We may change or end features. If we end a feature you paid for, we will [refund the unused value].

11. Our responsibility to you (liability)

To the extent the law allows, we are not liable for indirect or consequential loss, lost data on your phone (please keep your own copies of anything important), messages and invitations you send, the accuracy of your guest list or RSVP counts, or the actions of WhatsApp, Google or Anthropic. Our total liability to you for anything that goes wrong with the app is limited to the amount you paid us in the 12 months before the claim [or R[amount] if you paid nothing]. Nothing in these terms excludes or limits liability that cannot lawfully be excluded, including liability for gross negligence (CPA section 51(1)(c)), and nothing limits your rights under the CPA, including the right to goods and services of good quality (CPA sections 54 and 56) [Your attorney should check whether and how these apply to a free digital product].

You indemnify us against claims by third parties that arise because you used the app unlawfully or sent information about someone in breach of these terms [Your attorney should consider whether to keep this clause. CPA section 48 and 49 make one-sided indemnities risky for consumers].

12. Ending these terms

You can stop at any time by uninstalling the app. We may suspend or end your access if you seriously breach these terms and do not fix it within [10] business days of notice, or immediately if you use the app unlawfully or attack our systems. Sections that by nature continue (for example sections 5, 7, 8, 11 and 14) continue after ending.

13. Changes to these terms

We may update these terms. We will tell you in the app before material changes take effect and give you the chance to reject them by uninstalling.

14. Law, disputes and complaints

These terms are governed by the law of the Republic of South Africa. You may also rely on any consumer law that applies where you live and that cannot be waived.
Please contact us first at legal@thankwrap.app so we can fix a problem. We will reply within [10] business days.
A South African consumer may complain to the National Consumer Commission (https://www.thencc.org.za) or the relevant provincial consumer protector, and may use a consumer court, an ombud or any South African court that has jurisdiction. Nothing here stops you going to court. [Check the NCC details before publishing.]
Privacy complaints go to the Information Regulator (see the Privacy Policy).

15. Everything in one place

These terms and the Privacy Policy are the whole agreement between us about the app. If part is found unlawful, the rest still applies. Please keep a copy: you can read these terms any time in the app under About and privacy, and at https://thankwrap.app/terms.

Notes for the developer (delete before publishing)

What the Terms must contain (summary). ECTA s43 supplier particulars if you sell anything (section 1 above); the CPA s22 plain language test; CPA s49 conspicuous notice for liability limits, indemnities and acknowledgements (bold and shown before acceptance, ideally with a tick box on first launch); CPA s48 and s51 limits on unfair terms; the refund, return and cancellation policy (ECTA s43(1)(n), (r)); minimum duration if subscription (s43(1)(q)); security and privacy policy reference (s43(1)(p)).
What Google Play already covers. Google's own Terms of Service and the Google Play Terms and Refund policy govern payment processing, device installation, and Google's refund process. They do not replace your supplier information, your licence terms or your liability and AI clauses. [Verify current Google Play refund periods before quoting any.]
New in this refresh: sections 7 (invitations) and 8 (guest lists), and the unlock now covering invitation designs. Check the bold sentences meet CPA s49 (conspicuous, shown before acceptance). Whether the user-responsibility wording for guests' personal information is enough, given POPIA s6(1)(a)(ii) (personal or household activity) is a point for the attorney, not settled here.
An EULA is optional under Play rules. Terms of Use are strongly advised once there is an AI feature and payments.