CMART™ App Terms and Conditions

    Terms and Conditions

    Effective Date: 1 June 2026 · Last Updated: May 2026

    Contents


    Please read these Terms and Conditions carefully before using the CMART™ App platform and any associated services offered by Creative Media Agency.


    1. Who We Are

    The CMART™ App ("Platform", "Service", "we", "us", "our") is owned and operated by Creative Media Agency, a Division of Digital Business Solutions (Pty) Ltd, a company registered in South Africa.

    Registered address: 196 Willson Street, Fairland, Johannesburg, 2170, Gauteng, South Africa
    Email: support@creativemediagency.co.za
    Website: cmart-app.co.za

    By accessing or using the CMART™ App, creating an account, starting a trial, or purchasing a subscription, you ("User", "Client", "you") agree to be bound by these Terms and Conditions and all applicable South African laws and regulations. If you do not agree with any part of these Terms, you must not use the Platform.


    2. Description of Service

    The CMART™ App is a white-label Software-as-a-Service (SaaS) platform built on GoHighLevel infrastructure, providing South African service businesses with an all-in-one business and marketing operating system. Services include but are not limited to:

    • Website and funnel builder
    • CRM and sales pipeline management
    • Online booking and calendar system
    • Email, SMS, and WhatsApp marketing automation
    • Payment processing and invoicing
    • AI tools including AI Receptionist, AI Chat Widget, and AI Content Writer
    • Reputation management and review automation
    • Courses, community, and membership platform
    • Business analytics and reporting
    • Done-For-You setup and onboarding services

    We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with reasonable notice where practicable.


    3. Eligibility and Account Registration

    By registering for the CMART™ App, you confirm that:

    • You are 18 years of age or older
    • You have the legal authority to enter into a binding agreement on behalf of yourself or the business you represent
    • You are registering for legitimate business purposes
    • All information you provide during registration is accurate, complete, and current

    You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at support@creativemediagency.co.za if you suspect any unauthorised access to your account. We are not liable for any loss or damage arising from your failure to protect your login credentials.


    4. Trial Period and Activation

    New users may access the CMART™ App platform for a 14-day trial period upon payment of a once-off, non-refundable activation fee of R5 (five South African Rand). The trial provides full access to all features included in the selected plan.

    At the conclusion of the 14-day trial period:

    • Your first full subscription payment will be processed automatically
    • If you do not wish to continue, you must cancel your subscription before the trial period ends
    • Failure to cancel before the trial ends constitutes agreement to the applicable monthly or annual subscription charges

    The R5 activation fee is non-refundable under any circumstances.


    5. Subscription Plans and Billing

    5.1 Plans

    The CMART™ App is available on the following subscription tiers:

    • Starter — R500 per month (or R417 per month billed annually)
    • Core — R1,000 per month (or R830 per month billed annually)
    • Pro — R2,500 per month (or R2,075 per month billed annually)
    • Scale — Custom pricing, available on application

    All prices are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable. We reserve the right to amend pricing with 30 days' written notice to existing subscribers.

    5.2 Billing Cycles

    Monthly subscriptions are billed on a recurring monthly basis from the date of your first full subscription payment. Annual subscriptions are billed in full upfront for a 12-month period.

    5.3 Payment Methods

    We accept payment via PayFast, Stripe, and other payment methods displayed at checkout. By providing payment details, you authorise us to charge the applicable subscription fee on each billing date.

    5.4 Failed Payments

    If a payment fails, we will attempt to process the payment again within 3 business days. If payment remains unsuccessful after two attempts, your account may be suspended until payment is received. Suspended accounts retain their data for 30 days before permanent deletion.

    5.5 SMS Credits

    SMS messaging functionality operates on a credit system billed separately from your subscription. Credit pricing is displayed within your account dashboard and is subject to change with 14 days' notice.


    6. Cancellation and Refund Policy

    6.1 Monthly Subscriptions

    You may cancel your monthly subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds are issued for partial months. Your account and data remain accessible until the end of the paid period.

    6.2 Annual Subscriptions

    Annual subscriptions may be cancelled at any time to prevent auto-renewal. However, payments made for an annual subscription period are non-refundable. Cancellation of an annual plan stops future renewal but does not entitle you to a refund for the remaining unused period.

    Exceptions may be considered at our sole discretion within 14 days of annual payment in cases of technical inability to use the platform. Requests must be submitted in writing to support@creativemediagency.co.za.

    6.3 Done-For-You Setup Services

    Once a Done-For-You setup service has commenced (i.e., the onboarding call has taken place or configuration work has begun), no refund is available. If setup has not yet commenced, a full refund may be requested within 48 hours of payment.

    6.4 Data After Cancellation

    Upon cancellation, your account data is retained for 30 days to allow for export. After 30 days, all account data is permanently deleted. We strongly recommend exporting your contacts, campaigns, and content before cancellation takes effect.


    7. Acceptable Use Policy

    You agree to use the CMART™ App only for lawful purposes and in accordance with these Terms. You must not use the Platform to:

    • Send unsolicited bulk messages (spam) via email, SMS, or WhatsApp
    • Transmit any content that is unlawful, defamatory, abusive, threatening, obscene, or otherwise objectionable
    • Harvest, collect, or store personal data of others without their consent in violation of POPIA or any applicable law
    • Infringe the intellectual property rights of any third party
    • Attempt to gain unauthorised access to any part of the Platform or its underlying systems
    • Use the Platform to engage in fraudulent, deceptive, or misleading practices
    • Resell, sublicense, or white-label access to the Platform without our express written authorisation (available on Scale plan only)
    • Use the Platform in any manner that could damage, overburden, or impair the service for other users

    We reserve the right to suspend or terminate any account that we reasonably believe is in violation of this Acceptable Use Policy, without prior notice in cases of serious breach.


    8. Your Data and POPIA Compliance

    8.1 Your Responsibility as a Data Responsible Party

    When you use the CMART™ App to store, process, or communicate with your own clients' personal information, you are acting as a Responsible Party under the Protection of Personal Information Act 4 of 2013 (POPIA). You are responsible for ensuring that:

    • You have a lawful basis for collecting and processing your clients' personal information
    • You have obtained appropriate consent where required
    • Your use of the Platform's marketing and communication features complies with POPIA's conditions for lawful processing
    • You honour your clients' rights to access, correction, and deletion of their personal data
    • All email, SMS, and WhatsApp communications sent through the Platform include a clear and functional opt-out mechanism

    8.2 Our Role as Operator

    Creative Media Agency acts as an Operator under POPIA when processing personal information on your behalf. We process such data only to deliver the contracted services and do not use your client data for our own marketing purposes.

    8.3 Data Ownership

    All client data, content, and configurations you create within the Platform remain your property. We do not claim ownership of your data. Upon cancellation, you may export your data within the 30-day retention window.


    9. Intellectual Property

    All intellectual property rights in the CMART™ App platform, including its name, branding, interface design, software, documentation, and content created by Creative Media Agency, are owned by or licensed to Creative Media Agency (a Division of Digital Business Solutions (Pty) Ltd).

    You are granted a limited, non-exclusive, non-transferable licence to use the Platform for your internal business purposes during your active subscription period. This licence does not permit you to:

    • Copy, modify, reverse-engineer, or create derivative works from the Platform
    • Use the CMART™ name, logo, or branding without our written consent
    • Claim ownership over any part of the Platform's design, code, or functionality

    Content you create within the Platform (such as your website pages, email campaigns, and automation workflows) remains your intellectual property.


    10. Third-Party Services and Integrations

    The CMART™ App is built on GoHighLevel infrastructure and integrates with third-party services including PayFast, Stripe, Google, WhatsApp, Zapier, Zoom, and others. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the conduct, availability, or data practices of any third-party service provider.

    Integration availability may change without notice due to updates by third-party providers. We will endeavour to provide notice of significant integration changes where practicable.


    11. Limitation of Liability

    To the maximum extent permitted by South African law:

    • The CMART™ App is provided "as is" and "as available" without warranties of any kind, express or implied
    • We do not warrant that the Platform will be uninterrupted, error-free, or completely secure
    • We are not liable for any indirect, incidental, special, or consequential damages arising from your use of or inability to use the Platform
    • Our total cumulative liability to you for any claim arising from these Terms or your use of the Platform shall not exceed the total subscription fees paid by you in the three months preceding the claim

    Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.


    12. Indemnification

    You agree to indemnify, defend, and hold harmless Creative Media Agency, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal costs) arising out of or in connection with:

    • Your use of the Platform in violation of these Terms
    • Your violation of any applicable law or regulation, including POPIA
    • Your infringement of any third-party intellectual property or other rights
    • Any content you transmit through the Platform

    13. Service Availability and Maintenance

    We aim to maintain high availability of the CMART™ App but do not guarantee uninterrupted service. Planned maintenance will be communicated in advance where possible. We are not liable for any loss arising from temporary unavailability due to maintenance, technical faults, or circumstances beyond our reasonable control (including load shedding, internet service disruptions, or force majeure events).


    14. Modifications to These Terms

    We reserve the right to update these Terms and Conditions at any time. Where changes are material, we will notify you via email or an in-platform notification at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms.

    The current version of these Terms is always available at cmart-app.co.za/terms-and-conditions.


    15. Governing Law and Dispute Resolution

    These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the jurisdiction of the South African courts.

    In the event of a dispute, the parties agree to first attempt resolution through good faith negotiation. If unresolved within 30 days, disputes shall be referred to mediation before either party may institute legal proceedings.


    16. General Provisions

    • Entire Agreement: These Terms, together with our Privacy Policy and any applicable service-specific agreements, constitute the entire agreement between you and Creative Media Agency regarding the CMART™ App.
    • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
    • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
    • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

    17. Contact Us

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

    Creative Media Agency
    A Division of Digital Business Solutions (Pty) Ltd
    196 Willson Street, Fairland, Johannesburg, 2170
    Gauteng, South Africa
    Email: support@creativemediagency.co.za
    Website: cmart-app.co.za


    These Terms and Conditions were last updated in May 2026 and are effective from 1 June 2026.

    Creative Media Agency (a Division of Digital Business Solutions (Pty) Ltd) · cmart-app.co.za · Powered by Creative Media Agency

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