Terms of Service

Version: 2026-08-18
Effective date: 18 August 2026

These Terms of Service (“Terms”) govern access to and use of the websites, portals, application programming interfaces, messaging channels, software, documentation, support, and related services made available by SMSFlow (Pty) Limited (“SMSFlow”, “we”, “us” or “our”).

IMPORTANT NOTICE: These Terms contain provisions that limit liability, allocate risk, impose indemnities, regulate suspension and termination, and require certain disputes to be resolved by arbitration. Please read sections 19 to 22 carefully. Nothing in these Terms limits a right or remedy that cannot lawfully be limited.

1. Company information

SMSFlow (Pty) Limited is a privately held company incorporated in South Africa with registration number 2024/051424/07 and forms part of the Flownamix group of companies.

Registered and domicilium address: 12 Waterford Office Park, Waterford Drive, Maroeladal, Fourways, 2191, South Africa.
Telephone: +27 (0) 10 823 5194
Website: https://www.smsflow.co.za
Support: [email protected]
General enquiries: [email protected]
Privacy enquiries: [email protected]

ECTA disclosure

  • Legal name and status: SMSFlow (Pty) Limited, a privately held South African company.
  • Registration number and place: 2024/051424/07, South Africa.
  • Physical, postal, and domicilium address: 12 Waterford Office Park, Waterford Drive, Maroeladal, Fourways, 2191, South Africa.
  • Directors and office bearers: L van der Merwe (CEO), E Smit (CTO), and M Mthethwa.
  • Telephone: +27 (0) 10 823 5194.
  • Website and email: https://www.smsflow.co.za and [email protected].
  • Prices: https://smsflow.co.za/smsflow-pricing/, stated in South African rand unless an Order Form or Service Request states otherwise.
  • Payment: by electronic funds transfer, card or debit-card payment through an approved payment provider, or an approved account facility, as stated in the applicable Order Form or Service Request, invoice, or secure checkout.
  • Terms and privacy: https://smsflow.co.za/terms/ and https://smsflow.co.za/privacy/ once published.

2. Agreement and order of precedence

These Terms form a binding agreement between SMSFlow and the person or organisation that creates an account, signs an order form, purchases or uses a Service, or otherwise accepts these Terms (“Customer”, “you” or “your”). A person accepting for an organisation warrants that they have authority to bind that organisation.

Your agreement may also include an Order Form or Service Request, negotiated service schedule, pricing schedule, statement of work, Data Processing Addendum (“DPA”), service-level agreement (“SLA”), Messaging Acceptable Use Policy (“Messaging Policy”), and product-specific terms. If documents conflict, the following order applies unless a signed Order Form or Service Request expressly states otherwise: (1) the signed Order Form or Service Request; (2) a negotiated service schedule; (3) the DPA, only for privacy and data-protection matters; (4) the SLA, only for service-level matters; (5) these Terms; (6) the Messaging Policy; and (7) published documentation.

Provider rules applicable to a selected channel—including mobile-network rules, WASPA requirements, Meta and WhatsApp terms and policies, and app-store or payment-provider terms—also apply. Provider rules do not reduce your obligations under these Terms.

By using the Services, you confirm that you have read and accepted the then-current documents presented during signup or contracting. SMSFlow must retain evidence of the accepted version, time, tenant/account, user, and acceptance method.

3. Eligibility and accounts

You must be at least 18 years old and legally capable of contracting. Business accounts must provide accurate legal, billing, support, and regulatory information and keep it current.

You are responsible for:

  • selecting and managing authorised users, roles, permissions, API keys, integrations, webhooks, phone numbers, sender identities, and connected business assets;
  • safeguarding passwords, multi-factor authentication methods, keys, secrets, and devices;
  • promptly disabling access that is no longer required and notifying SMSFlow of suspected compromise;
  • ensuring that user and integration activity is authorised; and
  • maintaining lawful and accurate recipient, consent, suppression, template, campaign, and billing information.

You must not share individual user accounts. Actions performed through your account, credentials, API keys, or authorised integrations are treated as Customer actions unless caused by SMSFlow’s breach of its obligations.

4. Services

Depending on your order and enabled features, the Services may include:

  • portal and API access;
  • SMS messaging, two-way messaging, sender identities, short codes, dedicated numbers, and routing;
  • WhatsApp Business Platform connection, template management, campaigns, inbox conversations, agent replies, media, automation, webhooks, and reporting;
  • contacts, groups, consent and suppression records;
  • message templates, campaigns, scheduling, estimation, queueing, status evidence, reports, and exports;
  • customer webhooks and integrations;
  • user, seat, permission, audit, support, and administration features; and
  • subscriptions, usage evidence, prepaid or postpaid billing, and approved add-ons.

Features may be beta, preview, restricted, disabled, dependent on provider approval, or unavailable in a country, tenant, plan, or environment. Documentation and interfaces do not guarantee that a feature is enabled for your account. WhatsApp and other provider-dependent features may remain disabled until technical, commercial, compliance, and provider-readiness checks are complete.

5. Customer instructions and responsibilities

You determine the purpose, recipients, content, timing, channel, sender, campaign, automation, and configuration of Customer communications. You warrant that you:

  • have a lawful basis and all required notices, permissions, opt-ins, licences, and approvals;
  • can evidence consent and customer expectations for each relevant channel and message category;
  • honour opt-outs, objections, blocks, withdrawals, and do-not-contact restrictions promptly and without charge;
  • use templates only for their approved purpose, category, language, variables, and audience;
  • comply with applicable law, the Messaging Policy, industry rules, provider terms, and sector restrictions;
  • do not upload purchased, scraped, unlawfully obtained, or misleading contact lists;
  • do not transmit content or data you are not authorised to process;
  • provide a working recipient support and human-escalation path where required; and
  • review exclusions, previews, estimates, schedules, recipients, and final confirmations before sending.

SMSFlow provides controls and audit evidence but does not act as your legal adviser, determine whether your particular communication is lawful, or replace your compliance programme.

6. SMS-specific terms

You must comply with POPIA, the Consumer Protection Act, ECTA, applicable ICASA requirements, the WASPA Code of Conduct where applicable, and other applicable rules. Direct marketing must be sent only to lawfully eligible recipients, contain an effective opt-out mechanism, honour suppression and do-not-contact restrictions, and comply with applicable contact-time restrictions.

SMS delivery depends on networks, routes, devices, recipient status, sender registration, content filtering, and other third parties. A submission, accepted status, or estimate is not a guarantee of delivery or reading. Encoding, concatenation, message length, destination, route, and provider rules may affect SMS parts and charges.

7. WhatsApp-specific terms

WhatsApp is an optional provider-dependent Service. You must comply with the WhatsApp Business Terms, WhatsApp Business Messaging Policy, WhatsApp Messaging Guidelines, Meta technical documentation, commerce rules where applicable, and any connected-business or app terms.

You warrant that you own or are authorised to administer each connected business portfolio, WhatsApp Business Account (“WABA”), phone number, display name, template, catalogue, app, and related asset. You must keep the business profile and customer-support details accurate.

You may contact a person on WhatsApp only where they supplied their number and gave the required opt-in. Business-initiated messages must use an approved message template where required. Free-form messages may be sent only within the applicable customer-service window and for a permitted purpose. Automation must provide a prompt, clear, and direct route to human assistance where required.

Meta or WhatsApp may approve, reject, reclassify, pause, disable, delete, rate-limit, price, or restrict templates, phone numbers, WABAs, messages, businesses, or apps independently of SMSFlow. SMSFlow does not guarantee provider approval, quality rating, throughput, delivery, price, continued availability, or account recovery.

SMSFlow may block, pause, rate-limit, quarantine, or disable WhatsApp activity to protect recipients, Customer assets, SMSFlow’s app and standing, or platform integrity. A provider request already in flight when a feature is disabled may complete.

On offboarding, SMSFlow will take commercially reasonable steps to disable new activity, remove or revoke SMSFlow-held access where supported, and cooperate with lawful portability. Provider-side actions, ownership, and deletion remain subject to provider systems and rules.

8. Acceptable use and enforcement

You must comply with the Messaging Policy at https://smsflow.co.za/acceptable-use/ once published. You may not use the Services to send unlawful, unsolicited, deceptive, fraudulent, harmful, discriminatory, infringing, exploitative, threatening, abusive, sexually explicit, malware-bearing, or prohibited content; impersonate another party; evade restrictions; interfere with the Services; harvest data; or facilitate prohibited or unlicensed goods, services, or conduct.

SMSFlow may investigate suspected abuse and may reject content, suspend a campaign or automation, restrict a user, key, number, channel, integration, or tenant, preserve evidence, or terminate Services. Where legally permitted and appropriate, SMSFlow may notify a provider, regulator, affected person, or law-enforcement authority.

9. Subscriptions, seats, APIs, and add-ons

9.1 Plans and entitlements

The Services may be offered as subscription plans, prepaid credits or tokens, usage-based services, or a combination. Each plan may include specified seats, users, messages, sessions, telephone numbers, sender identities, templates, storage, API access, throughput, support, features, or other entitlements (“Plan Entitlements”). The applicable model, fees, billing frequency, committed quantities, and overage charges must be stated in the Order Form or Service Request, subscription confirmation, checkout, or other agreed ordering mechanism.

9.2 Seats, limits, and committed quantities

Each seat or user entitlement is for one authorised individual and may not be shared to circumvent Plan Entitlements. Additional seats or users may be added at the applicable charge and, unless otherwise agreed, will be charged pro rata for the remainder of the billing period or Subscription Term. Removing, disabling, or replacing a user does not reduce a committed quantity or fee during the current Subscription Term.

Customer must not exceed or circumvent plan or technical limits. Depending on the Service, SMSFlow may require an upgrade or add-on, apply agreed overage charges, limit further use, or suspend usage where reasonably necessary for capacity, security, compliance, or provider protection. Customer remains responsible for committed quantities whether or not fully used.

9.3 Unused entitlements and add-ons

Unless the applicable order states otherwise, unused Plan Entitlements do not roll over, accumulate, have cash value, or create a refund or credit. Any permitted rollover is subject to the stated limits and expiry period. Add-ons remain subject to these Terms and the applicable fees and term; ceasing to use an add-on does not itself terminate the charge.

9.4 Upgrades and downgrades

An upgrade may take effect immediately or at the next billing period, as specified by SMSFlow, with additional fees from its effective date. Unless otherwise agreed, a downgrade requires at least 30 days’ written notice, takes effect at the next renewal, does not reduce a current commitment or create a refund, and may remove or restrict functionality, storage, users, data, telephone numbers, templates, or other entitlements. Customer should export available data before a downgrade affects access.

9.5 Subscription term and renewal

Unless an Order Form or Service Request states otherwise, the initial Subscription Term is 12 months from the stated commencement date or, if none is stated, activation. It renews automatically for successive 12-month periods unless either party gives written non-renewal notice at least 30 days before the current term expires. SMSFlow may notify Customer before renewal of changes to fees, plans, entitlements, or other material commercial terms.

Except where these Terms, the applicable order, or law permits otherwise, Customer may not terminate a fixed Subscription Term for convenience before expiry. Where early termination is permitted, Customer remains liable for accrued fees, non-cancellable third-party charges, agreed cancellation charges, and other amounts expressly payable on termination.

Where the Consumer Protection Act 68 of 2008 (“CPA”) applies, these provisions are subject to all mandatory expiry, cancellation, renewal, notice, and continuation rights and may operate differently for the protected transaction.

Prepaid credits or tokens apply to SMS Services only. WhatsApp Services are not deducted from an SMS credit or token balance.

10. Pricing, credits, taxes, and payment

Prices, currencies, taxes, payment methods, billing periods, and included usage are stated in the applicable Order Form or Service Request, pricing schedule, invoice, or checkout. Unless stated otherwise, prices exclude VAT and other applicable taxes.

SMS may be billed by message part, route, destination, sender, or agreed unit. SMS prepaid credits may have an expiry date stated at purchase and are not cash, deposits, or interest-bearing funds. Postpaid Services are subject to approved credit terms and limits.

For the current WhatsApp commercial model, Customer pays Meta directly for Meta or WhatsApp messaging charges. SMSFlow may separately charge agreed subscription, seat, API-access, support, feature, implementation, or add-on fees stated in the Order Form or Service Request. If this provider-funding model changes, the applicable order must state the new treatment before it applies to Customer.

Development, test, MockMeta, and shadow-ledger values are estimates or evidence only and are not real charges unless an approved Order Form or Service Request expressly provides otherwise.

Unless an Order Form, Service Request, approved account contract, or invoice states otherwise, invoices are due within seven calendar days. You must pay valid invoices by the due date without deduction or set-off, except for a good-faith disputed amount notified with reasonable detail. SMSFlow may suspend paid Services for overdue undisputed amounts after any legally or contractually required notice.

To the maximum extent permitted by law and the applicable agreement, SMSFlow reserves the right to charge interest on overdue undisputed amounts and to recover reasonable collection costs, including costs charged by an appointed collection service or legal representative.

10.1 Refund policy

Except where these Terms, an Order Form or Service Request, or applicable law expressly provides otherwise, fees, subscriptions, prepaid credits or tokens, usage charges, and other amounts paid to SMSFlow are non-refundable. Non-use, changed business needs, removal of seats or entitlements, downgrade, early cessation of use, or a valid third-party provider charge does not itself create a refund right. Nothing limits a right that cannot lawfully be excluded.

10.2 Prepaid credits and tokens

SMS prepaid credits or tokens are not cash, deposits, stored-value accounts, or interest-bearing funds; may be used only for SMS Services; are not transferable or redeemable for cash except where law requires; and expire 12 months after purchase unless the ordering terms state otherwise. They are not ordinarily refunded merely because they remain unused. If SMSFlow discontinues the specific SMS Service for which valid credits were bought, SMSFlow may provide an equivalent service, transfer or extend the credits, or provide an appropriate refund or account credit.

10.3 Refund method

An approved refund will ordinarily be made using the original payment method or another reasonable method selected by SMSFlow. SMSFlow may offset an undisputed overdue amount against an approved refund or credit where law permits.

11. Third-party services and providers

The Services depend on telecommunications networks, Meta/WhatsApp, hosting and cloud services, payment providers, identity providers, email/support services, and Customer-selected integrations. Third-party outages, policy changes, restrictions, fees, and acts may affect the Services.

SMSFlow remains responsible for its contractual obligations but does not control third-party networks or provider decisions. You authorise SMSFlow to transmit data and instructions to relevant providers as necessary to deliver the Services, subject to the Privacy Notice and DPA.

12. Customer Data, privacy, and security

“Customer Data” means data submitted to, generated through, or processed in the Services on your behalf, including contacts, recipient data, content, media, templates, consent and suppression evidence, message and delivery events, and integration payloads.

As between the parties, you retain rights in Customer Data. You grant SMSFlow a limited right to host, process, transmit, reproduce, and otherwise use Customer Data to provide, secure, support, maintain, bill, and improve the Services; enforce these Terms; and comply with law.

The Privacy Notice explains SMSFlow’s own processing. The DPA governs SMSFlow’s processing as operator on your instructions. You remain responsible for the lawfulness, accuracy, notices, instructions, and retention requirements applicable to Customer Data.

SMSFlow will maintain appropriate technical and organisational measures proportionate to risk. No system or transmission is completely secure. Each party must promptly cooperate on security incidents affecting Customer Data in accordance with law and the DPA.

13. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use it only to perform or receive the Services, protect it with reasonable care, and disclose it only to personnel, professional advisers, providers, or authorities who need it and are bound by suitable obligations. These duties do not apply to information that is public without breach, already lawfully known, independently developed, or lawfully received without restriction.

If disclosure is legally required, the receiving party will, where lawful, provide reasonable notice and disclose only what is required.

14. Intellectual property and feedback

SMSFlow and its licensors retain all rights in the Services, software, documentation, designs, APIs, trademarks, and improvements, excluding Customer Data. Subject to payment and compliance, SMSFlow grants you a limited, non-exclusive, non-transferable, revocable right to use the Services during the Subscription Term or while you hold valid credits or tokens for your internal business purposes.

You must not reverse engineer except where law prevents restriction, copy or resell the Services, remove notices, circumvent controls, or use SMSFlow intellectual property to build a competing service. You grant SMSFlow a perpetual, royalty-free right to use feedback without identifying you or disclosing Customer confidential information.

15. Service changes, maintenance, and beta features

SMSFlow may maintain, improve, replace, or discontinue features. Where a material change adversely affects a paid core feature during a committed term, SMSFlow will provide reasonable notice where practicable and the remedy required by the applicable agreement or law.

Beta, preview, evaluation, development, and test features may be changed or withdrawn at any time, may be incomplete, and must not be used with production or sensitive data unless expressly authorised.

16. Suspension and termination

SMSFlow may suspend all or part of the Services where reasonably necessary for security, abuse, legal or provider compliance, non-payment, risk to recipients or platform standing, or material breach. Where practicable and lawful, SMSFlow will give notice and an opportunity to remedy.

Either party may terminate for an uncured material breach after written notice and a reasonable cure period, or immediately where cure is impossible, continued service would be unlawful, or the other party enters insolvency proceedings, subject to applicable law.

Ordinary cancellation, non-renewal, and early-termination rights are governed by the order form and applicable law. Termination does not remove accrued payment obligations.

17. Data export, deletion, and offboarding

During the subscription, Customer may use the export functions actually available for the relevant data and Service. On request, SMSFlow will provide reasonable assistance with an available Customer Data export for 30 days after termination. Assistance requested after that period, recovery from archives or backups, custom extraction, transformation, or professional services may require a written quotation and is subject to technical availability, provider limits, law, and the approved retention schedule. This clause does not promise a comprehensive tenant-wide export capability that is not implemented.

After termination, SMSFlow will delete or de-identify Customer Data according to the DPA and approved retention schedule, subject to legal holds, backups, security and audit evidence, billing and reconciliation records, and suppression evidence required to prevent unwanted contact.

WhatsApp offboarding may include disabling sends and automations, disconnecting webhooks, removing secret references, and removing or revoking SMSFlow-held access where supported. SMSFlow cannot promise deletion from provider systems it does not control.

18. Warranties and disclaimers

Each party warrants that it has authority to enter into the agreement. SMSFlow warrants that it will provide paid Services with reasonable skill and care and materially in accordance with applicable documentation.

Except as expressly stated and to the maximum extent permitted by law, the Services are provided without implied warranties. SMSFlow does not warrant uninterrupted or error-free operation; delivery, reading, conversion, commercial outcome, provider approval, or continued availability; or that the Services satisfy Customer-specific legal or industry requirements.

Nothing excludes a warranty or right that cannot lawfully be excluded.

19. Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or loss of profit, revenue, turnover, anticipated savings, business, contracts, opportunity, goodwill, reputation, or prospective business. Loss of data is excluded except to the extent it results directly from a breach of these Terms and is recoverable under applicable law. These exclusions do not apply to amounts expressly payable under the agreement.

Subject to the enhanced cap and matters that cannot be limited, either party’s aggregate liability arising from these Terms is capped at the fees actually paid or payable under the affected Order Form or Service Request during the 12 months immediately preceding the event giving rise to the claim. Related events are treated as one claim.

SMSFlow’s aggregate liability for breach of confidentiality, breach of its DPA obligations, a Security Compromise caused by its breach of the DPA, or an intellectual-property claim indemnified under section 20 is capped at twice the general cap. Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, or any liability that cannot lawfully be excluded or limited.

The caps do not limit Customer’s obligation to pay fees, taxes, properly incurred provider charges, or other expressly payable amounts. SMSFlow is not liable for Customer Data, content, instructions, campaigns, lack of consent, unlawful use, Customer integrations, provider action, or events beyond its reasonable control, except to the extent caused by SMSFlow’s breach, negligence, or wilful misconduct.

SMSFlow remains responsible for reasonable care in selecting and managing providers within its control. If Customer Data is lost or corrupted directly because SMSFlow breached the DPA or these Terms, SMSFlow will use commercially reasonable efforts to restore it from the most recent available backup, subject to the applicable cap. Customer remains responsible for appropriate business-continuity copies where reasonably necessary.

To the maximum extent permitted by law, a claim must be brought within 12 months after the claimant became aware, or ought reasonably to have become aware, of the circumstances giving rise to it. No party may recover twice for the same loss, and an indemnity recovery counts toward the applicable aggregate cap.

20. Indemnities

Customer indemnifies SMSFlow, its affiliates, and their personnel against third-party claims, proceedings, losses, penalties, and reasonable legal costs arising from Customer Data or content; Customer instructions, configurations, campaigns, or use; breach of law, the Messaging Policy, provider rules, or third-party terms; infringement or violation caused by Customer materials or use; or unlawful, misleading, fraudulent, abusive, unsolicited, or prohibited communications. The indemnity excludes the extent caused by SMSFlow’s breach, negligence, wilful misconduct, or infringement by the Services themselves.

Subject to this section, SMSFlow indemnifies Customer and its affiliates and personnel against a third-party claim that authorised use of the Services infringes that third party’s intellectual-property rights. SMSFlow may obtain continued-use rights, modify or replace the affected Service without materially reducing functionality, or terminate the affected Service and refund prepaid fees for its unused portion. This indemnity excludes Customer materials, unauthorised modifications or combinations, use contrary to the agreement or instructions, continued use after notice and a reasonable alternative, and infringement arising from a third-party platform rather than the SMSFlow Services.

The indemnified party must promptly notify the indemnifying party, reasonably cooperate at its cost, mitigate loss, and make no admission or settlement without consent, not unreasonably withheld. The indemnifying party may control a diligent good-faith defence but may not impose liability, payment, restriction, or an admission on the indemnified party without consent. If it does not assume and diligently conduct the defence within a reasonable period, the indemnified party may do so. Liability is reduced to reflect the indemnified party’s contribution or avoidable loss.

21. Complaints, support, and disputes

Support requests may be submitted to [email protected]. Privacy requests may be submitted to [email protected]. Abuse or recipient complaints will be investigated through SMSFlow’s published support process.

Any dispute arising from or connected with the agreement must first be referred to the parties’ chief executive officers for good-faith informal resolution. If unresolved after 30 days, either party may refer it to binding arbitration under the then-current rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitration will be governed by South African law and seated in Johannesburg.

Within 10 calendar days after service of the arbitration demand, the parties must jointly select an arbitrator with at least five years’ relevant experience. If they do not agree, either party may request AFSA to appoint the arbitrator. The award is final and binding, with no appeal except where law does not permit that exclusion. Each party bears its own costs, subject to the arbitrator’s power to allocate reasonable costs and arbitration expenses.

Nothing prevents urgent interim relief from a court of competent jurisdiction. Unless the parties agree otherwise in writing or performance is impossible or unlawful, they must continue performing undisputed obligations while the dispute is pending.

22. Governing law and notices

These Terms and each Order Form or Service Request are governed by the laws of the Republic of South Africa.

SMSFlow's physical address stated in section 1 is its domicilium citandi et executandi for the service of legal process and formal notices, unless SMSFlow changes that address by written notice. Customer nominates the physical address and legal notice email address recorded in its account or, if specified in an Order Form, the addresses stated in that Order Form, as its addresses for formal notices and, to the extent legally permissible, electronic communications. These nominated addresses apply to all Order Forms and Service Requests unless Customer updates them in accordance with these Terms or SMSFlow agrees otherwise in writing.

Operational, administrative, billing and other ordinary communications may be sent to the account administrator or other relevant contact recorded in the Services. Formal notices relating to breach, suspension, termination or legal claims must be sent to the applicable nominated legal notice address.

An electronic communication is deemed received when it enters the recipient's designated information system and is capable of being retrieved, provided that the sender has not received an automated failure or non-delivery notification. If sent after 17:00 on a Business Day or on a day that is not a Business Day, it is deemed received at 09:00 on the next Business Day.

23. Changes to these Terms

SMSFlow may update these Terms to reflect legal, provider, security, commercial, or product changes. The published Terms will state the version and effective date. SMSFlow will provide legally required or reasonable advance notice of material adverse changes. Continued use after the effective date constitutes acceptance only to the extent permitted by law and the applicable agreement.

24. General

Neither party may assign the agreement without the other’s consent, not unreasonably withheld, except to an affiliate or in connection with a merger, reorganisation, or sale of substantially all relevant assets, provided the assignee can perform the obligations.

Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations, provided it mitigates and resumes performance promptly.

The parties are independent contractors. No waiver is continuing. If a provision is unenforceable, it will be adjusted or severed without affecting the remainder. Provisions intended to survive termination—including payment, confidentiality, intellectual property, data protection, liability, dispute, and retention obligations—survive.

These Terms and incorporated documents form the entire agreement about their subject matter and replace prior versions when the approved replacement takes effect.