Flowcart × Peach Payments Promotional Trial -
Terms & Conditions

Last updated: 30/06/2026 · Published at https://flowcart.ai/peach-promo-terms/

These Promotional Trial Terms & Conditions (the "Terms") govern the Peach Payments–exclusive promotional trial of the Flowcart WhatsApp commerce platform provided by Sukhiba Inc., trading as "Flowcart" (the "Software Provider"), to the merchant who accepts them (the "Merchant"). They are incorporated by reference into, and form part of, the Promotional Trial Agreement signed by the Merchant (the "Agreement"). By signing the Agreement or activating the trial, the Merchant agrees to be bound by these Terms.

If there is any conflict between the signed Agreement and these Terms, the signed Agreement takes precedence to the extent of the conflict.

1. Definitions and Interpretation

For the purposes of these Terms, unless the context requires otherwise:

• "Commencement" means the Effective Date on which the Agreement is executed by the parties.
• "Effective Date" means the date of last signature on the Agreement.
• "Go-Live Date" means the date on which the automated AI abandoned-cart recovery flow is activated and operational for the Merchant.
• "Trial Period" means the three (3) month promotional period beginning on the Effective Date (the date of signing).
• "Party" means either the Software Provider or the Merchant; "Parties" means both jointly.
• "SaaS Services" means the Flowcart internet-accessible WhatsApp commerce platform and CRM made available to the Merchant on a subscription basis, including the AI abandoned-cart recovery flow, broadcasts, segmentation, multi-agent inbox, AI selling, loyalty tools and related features enabled for the Merchant's plan.
• "Administrator User" means each Merchant employee designated to serve as technical administrator of the SaaS Services on the Merchant's behalf.
• "Merchant Content" means all data and materials provided by the Merchant for use in connection with the SaaS Services, including product catalogues, customer data, applications, data files and graphics.
• "Documentation" means the user guides, online help, release notes, training materials and other documentation made available by the Software Provider regarding the use or operation of the SaaS Services.
• "Host" means the computer equipment on which the Software is installed, owned and operated by the Software Provider or its subcontractors.
• "Software" means the object-code version of any software to which the Merchant is given access as part of the SaaS Services, including updates and new versions.
• "Maintenance Services" means the support and maintenance services described in Section 8.
• "Growth Package" means the standard Flowcart Growth subscription tier that the trial automatically converts to after the Trial Period, as priced in the Agreement.
• "Subscription Term" means the period during which the Merchant has access to and use of the SaaS Services, comprising the Trial Period followed by the post-trial Growth Package term, continuing on a rolling monthly basis until cancelled.
• "Confidential Information" has the meaning given in Section 11.

Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.

2. The Promotional Offer and Eligibility

2.1 The Offer. Subject to these Terms, the Software Provider grants the Merchant a three (3) month trial of the SaaS Services with no subscription fee, centred on the automated AI abandoned-cart recovery flow over WhatsApp and including access to all other features of the Flowcart Growth Plan. Onboarding, Shopify integration and team training are provided at no cost (R0).

2.2 Eligibility. The promotional offer is available only to merchants who, for the duration of the Trial Period and any subsequent Subscription Term, (a) operate an active Shopify store, and (b) are an active Peach Payments merchant in good standing (together, the "Qualifying Conditions"). The Software Provider may verify eligibility at any time.

2.3 Loss of Eligibility. If the Merchant ceases to meet the Qualifying Conditions, the Software Provider may, on reasonable notice, withdraw the promotional pricing (including the locked 1% commission rate) and apply standard Flowcart rates, or terminate the Agreement, without affecting fees already accrued.

2.4 Promotional Nature. This is a limited promotional offer. The Software Provider may withdraw or amend the offer for new merchants at any time; withdrawal does not affect a trial already commenced.

3. Independent Contractor Relationship

3.1 The Agreement creates an independent-contractor relationship between the Parties and not an employment, partnership, agency or joint-venture relationship. Neither Party's employees, agents or representatives have authority to bind the other Party.

3.2 Nothing in the Agreement renders either Party liable to make payments or provide services other than as expressly provided.

4. Obligations of the Merchant

The Merchant shall:

4.1 Assistance. Provide commercially reasonable information and assistance to enable the Software Provider to deliver the SaaS Services, including promptly delivering product/SKU data in an electronic format specified by the Software Provider. The Merchant acknowledges that timely, accurate information is necessary for delivery and go-live.

4.2 Compliance with Laws. Comply with all applicable local, national and foreign laws in connection with its use of the SaaS Services, including laws relating to data privacy, electronic communications, consumer protection and the transmission of technical or personal data. The Merchant acknowledges that the Software Provider exercises no control over the content of information transmitted by the Merchant's users.

4.3 Account Security. (a) Notify the Software Provider immediately of any unauthorised use of any password or user ID or any other known or suspected breach of security; (b) use reasonable efforts to stop any known or suspected unauthorised use; and (c) not provide false identity information to access the SaaS Services.

4.4 Administrator Access. Be solely responsible for the acts and omissions of its Administrator Users. The Software Provider is not liable for any loss of data or functionality caused directly or indirectly by Administrator Users.

4.5 Merchant Content. Be solely responsible for collecting, inputting and updating all Merchant Content, and for ensuring it does not (i) infringe or misappropriate the intellectual-property rights of any third party, or (ii) contain anything obscene, defamatory, harassing, offensive or malicious.

4.6 Licence to the Software Provider. Grant the Software Provider a limited, non-exclusive, non-transferable licence to copy, store, configure, display and transmit Merchant Content solely as necessary to provide the SaaS Services.

4.7 Messaging Compliance. Ensure that its use of WhatsApp messaging, broadcasts and abandoned-cart recovery complies with WhatsApp/Meta Business policies and applicable opt-in and marketing-consent requirements, and that it has obtained all necessary customer consents.

4.8 Payment. Pay all undisputed invoices in accordance with Section 6.

5. Duties of the Software Provider

The Software Provider shall:

5.1 Provide the WhatsApp commerce and CRM SaaS Services, including the AI abandoned-cart recovery flow, to the Merchant during the Subscription Term.

5.2 During the Subscription Term, grant the Merchant a non-exclusive, non-assignable, royalty-free, worldwide right to access and use the SaaS Services for its internal business operations, subject to these Terms.

5.3 Provide onboarding, Shopify integration and team training during the Trial Period at no cost.

5.4 The Merchant acknowledges that this is a services agreement and that the Software Provider will not deliver copies of the Software to the Merchant as part of the SaaS Services.

6. Commercials, Orders and Payment

6.1 Trial Commercials. During the Trial Period: (a) no subscription fee is payable; (b) onboarding is R0; and (c) the Merchant pays a transaction fee of 1% of sales processed through Flowcart, invoiced monthly in arrears. The Trial Period begins on the Effective Date (the date of signing). 

6.2 Automatic Conversion. Unless cancelled during the Trial Period under Section 7, the trial automatically continues on the Growth Package from the start of Month 4 at the monthly subscription fee stated in the Agreement, with the transaction fee locked at 1% as a promotional benefit (the standard Growth rate being 1.5%) for as long as the account remains continuously active and the Qualifying Conditions are met.

6.3 Free Threshold (post-trial). From conversion to the Growth Package (Month 4 onward), the first R50,000 of sales processed each month is free of transaction fee, with the locked 1% rate applying only to processed sales above that threshold. During the Trial Period, the transaction fee is a flat 1% of processed sales as set out in Section 6.1.

6.4 Invoicing Rhythm. (a) During the trial, the transaction fee is invoiced monthly in arrears. (b) On conversion, the first month's subscription fee is invoiced together with the final trial month's transaction fee. (c) Thereafter, at the beginning of each month the Merchant is invoiced for that month's subscription fee (in advance) together with the previous month's transaction fee (in arrears).

6.5 Payment. The Merchant shall pay all undisputed invoices within thirty (30) days of receipt. Except as expressly provided, fees are non-refundable. All fees are stated in ZAR and payable in ZAR, exclusive of applicable taxes.

6.6 Meta / Broadcast Charges. Charges for broadcast messages levied by Meta are billed to the Merchant in accordance with Meta's prevailing billing policy, in addition to the fees above.

6.7 Taxes. The Software Provider may bill applicable taxes (including VAT) as a separate line item. The Merchant is responsible for all sales, use, value-added or similar taxes relating to its purchase and use of the SaaS Services, excluding taxes on the Software Provider's net income.

6.8 Late Payment. Failure to settle undisputed amounts entitles the Software Provider to suspend the SaaS Services under Section 7 and to pursue lawful remedies, including interest on overdue amounts and recovery of reasonable collection costs.

7. Term, Cancellation, Termination and Suspension

7.1 Term. The Agreement begins on the Effective Date and continues through the Trial Period and any subsequent Growth Package term until cancelled or terminated under this Section.

7.2 Cancellation. During the Trial Period, the Merchant may cancel at any time, with no fee, no strings and no exit charge, by written notice to the Software Provider. After the Trial Period (on the Growth Package), either Party may cancel on thirty (30) days’ written notice in accordance with Section 7.3. On cancellation, access ends at the close of the then-current billing month, and transaction fees accrued up to cancellation remain payable.

7.3 Termination for Breach. Either Party may terminate immediately on a material breach by the other Party that remains uncured thirty (30) days after written notice. Either Party may also terminate on thirty (30) days' written notice.

7.4 Suspension for Non-Payment. The Software Provider may suspend the SaaS Services if the Merchant fails to pay undisputed amounts when due, provided the Software Provider has given notice and the failure continues for fifteen (15) days. Suspension does not release the Merchant from its payment obligations, and the Software Provider is not liable for any claim arising from suspension due to non-payment.

7.5 Suspension for Ongoing Harm. The Software Provider may suspend the SaaS Services if it reasonably concludes that the Merchant's or a user's use is causing immediate and ongoing harm to the Software Provider or others. The Software Provider will notify the Merchant promptly, and the Parties will diligently attempt to resolve the issue.

7.6 Effect of Termination. On termination or expiry: (a) the Software Provider ceases providing the SaaS Services and all usage rights terminate; (b) the Merchant pays all amounts then due; and (c) on written request, the receiving Party of tangible Confidential Information shall return or destroy it (subject to one archival copy retained by legal counsel).

8. Support, Maintenance and Service Levels

8.1 Included Support. Standard support and maintenance are included in the SaaS subscription and entitle the Merchant to: (a) telephone or electronic support to locate and correct problems with the Software; (b) bug fixes and code corrections to bring the Software into substantial conformity with its specifications; and (c) all extensions, enhancements and changes the Software Provider makes generally available to subscribers without charge.

8.2 Business Hours. "Business hours" means 8am–6pm EAT, Monday to Friday, excluding public holidays.

8.3 Response Goals (by severity).

8.4 Resolution. The Software Provider will use reasonable efforts to provide a workaround or fix once a problem is reproducible, and may incorporate fixes in future software releases.

8.5 Service Level (Availability). The SaaS Services will achieve System Availability of at least 99% during each calendar year of the Subscription Term. "System Availability" excludes downtime from scheduled maintenance, Force Majeure, malicious attacks, issues with the Merchant's own devices, networks or internet connections, or acts/omissions of the Merchant or its users. If the Software Provider fails to meet this level, on the Merchant's written request within 30 days of year-end it will issue a service credit equal to 1% of the annual fee for each 1% of availability below the stated level, up to the Merchant's fee for the affected services. This credit is the Merchant's sole and exclusive remedy for availability failures.

9. Warranties and Limitation of Liability

9.1 Warranty. The Software Provider warrants that it will provide the SaaS Services in a professional manner consistent with general industry standards and that the SaaS Services will perform substantially in accordance with the Documentation. For any breach of this warranty, the Merchant's exclusive remedy is as provided in Section 7.

9.2 Disclaimer. The Software Provider does not warrant that the SaaS Services will be uninterrupted, virus-free or error-free, or that all errors will be corrected. The Merchant acknowledges that the Software Provider does not control the transfer of data over communications facilities (including the internet and WhatsApp/Meta infrastructure), and that the SaaS Services may be subject to limitations and delays inherent in such facilities. This Section sets out the sole and exclusive warranty given, express or implied.

9.3 Limitation of Liability. Neither Party (nor any licensor or supplier of the Software Provider) is liable for indirect, incidental, special or consequential damages — including lost business, profits, data or use — regardless of the nature of the claim and even if advised of the possibility. Each Party's aggregate liability under the Agreement shall not exceed the fees paid or payable by the Merchant during the twelve (12) months preceding the date the claim arose. These limitations do not apply to obligations under the Sections entitled Restrictions/Usage, Indemnification or Confidentiality.

9.4 Usage Restrictions. The Merchant shall not, and shall not permit anyone to: copy or republish the SaaS Services or Software; make the SaaS Services available to anyone other than authorised users; use the SaaS Services to provide service-bureau, time-sharing or hosting services to third parties; modify or create derivative works; remove or obscure proprietary notices; reverse engineer, decompile or disassemble the Software (except as permitted by law); or access the SaaS Services to build a competing product. The Software Provider owns all right, title and interest in the Software, services, Documentation and deliverables, including all modifications, improvements and feedback.

10. Indemnification

10.1 By the Software Provider. If a third party claims that the SaaS Services infringe a patent, copyright or trademark, or misappropriate a trade secret, or that the Software Provider's negligence or wilful misconduct caused bodily injury or death, the Software Provider will defend the Merchant and its directors, officers and employees at its expense and pay losses and reasonable attorneys' fees finally awarded or agreed in settlement. This excludes claims based on Merchant Content, unauthorised modifications, or use contrary to the Documentation and Agreement.

10.2 By the Merchant. If a third party claims that Merchant Content infringes a patent, copyright or trademark, or misappropriates a trade secret, the Merchant will defend the Software Provider and its directors, officers and employees at its expense and pay losses and reasonable attorneys' fees finally awarded or agreed in settlement.

10.3 Conditions. A Party seeking indemnification shall promptly notify the other, give the other sole control of the defence and settlement, and provide reasonable assistance (at the other Party's expense for out-of-pocket costs).

11. Confidentiality

11.1 Definition. "Confidential Information" means information disclosed by one Party to the other that is marked or identified as confidential or proprietary, is deemed confidential by these Terms, or reasonably appears confidential given the circumstances and nature of the information. Merchant Content is Confidential Information of the Merchant; the Software and Documentation are Confidential Information of the Software Provider.

11.2 Obligations. During the term and for five (5) years thereafter (perpetually for software), each Party shall treat the other's Confidential Information as confidential, use it only to exercise rights and perform obligations under the Agreement, not disclose it to third parties (except to contractors under confidentiality obligations on a need-to-know basis), and protect it with at least a reasonable degree of care.

11.3 Exceptions. Confidential Information excludes information that is or becomes public through no fault of the receiving Party, was known without restriction before disclosure, or is independently developed. A Party may disclose Confidential Information to the extent required by law or court order, using reasonable efforts to notify the other Party first.

12. Data Protection

12.1 Processing. Performance of the Agreement may require the Software Provider to process, transmit and/or store personal data of the Merchant, its employees and its customers. The Software Provider will process such personal data only to the extent necessary to perform its obligations and to deliver the SaaS Services.

12.2 Merchant as Controller. The Merchant is the data controller and is solely responsible for complying with all applicable data-protection laws (including the South African Protection of Personal Information Act (POPIA) and any other applicable Act), for obtaining all necessary consents and making all necessary disclosures, and for determining the purposes and means of processing. The Merchant will inform the Software Provider of any special categories of data or cross-border transfer restrictions.

12.3 Software Provider Obligations. In performing the SaaS Services, the Software Provider will comply with the Flowcart Privacy Policy (https://flowcart.ai/privacy_policy/), incorporated by reference, and will process Merchant personal data only as reasonably necessary to provide the SaaS Services. The Software Provider may provide the SaaS Services from Host locations and through subcontractors worldwide. The Merchant retains ownership of, and responsibility for the accuracy, quality, integrity and legality of, all Merchant data.

13. General Provisions

13.1 Non-Exclusive Service. The SaaS Services are provided on a non-exclusive basis. Nothing prevents the Software Provider from providing the SaaS Services or related technology to other parties.

13.2 Assignment. Neither Party may assign the Agreement without the other's consent (not to be unreasonably withheld), except to an acquirer of all or substantially all of its relevant business. The Agreement binds and benefits the Parties' successors and permitted assigns. Either Party may use subcontractors but remains responsible for its obligations.

13.3 Notices. Notices must be in writing and are deemed given five business days after registered/certified mailing, when transmitted electronically (with confirmation), or when delivered personally or by courier, to the address on the Agreement.

13.4 Force Majeure. Neither Party is liable for failure to perform due to causes beyond its reasonable control and without its fault, including acts of God, strikes, riots, acts of terrorism or war, epidemics, communication-line failures and power failures.

13.5 Waiver. No waiver is effective unless in writing and signed by the waiving Party. Waiver of one breach is not a waiver of any other.

13.6 Severability. If any term is held invalid or unenforceable, it will be reformed to achieve as nearly as possible the same effect, and the remainder remains in full force.

13.7 Entire Agreement. The Agreement (including these Terms and any schedules) is the entire agreement of the Parties and supersedes prior communications on its subject matter. It may be amended only in writing signed by both Parties. Pre-printed terms on purchase orders or confirmations are rejected unless specifically accepted in writing.

13.8 Survival. Sections 4, 6 and 9 through 14 survive expiry or termination.

13.9 Publicity. The Software Provider may include the Merchant's name and logo in its client lists and on its website, and may, in coordination with the Merchant, issue a high-level announcement of the relationship.

13.10 No Third-Party Beneficiaries. The Agreement confers no rights on either Party's employees, agents, contractors, partners, customers or any other person, except that Peach Payments is acknowledged as the promotional partner and not as a party to the Agreement.

13.11 Statistical Information. The Software Provider may compile anonymous, aggregated statistical information about performance to improve the SaaS Services, provided it does not identify the Merchant or its data.

13.12 Compliance with Laws. The Software Provider shall comply with all applicable laws in delivering the SaaS Services, including those relating to data privacy and the transmission of technical or personal data.

13.13 Counterparts and Electronic Signature. The Agreement may be executed in counterparts, and delivery of an executed signature page by electronic transmission (including PDF or e-signature) is effective as delivery of an original.

14. Governing Law and Dispute Resolution

14.1 The Agreement is governed by and construed in accordance with the laws of the Republic of South Africa.

14.2 On any dispute, the Parties will use all reasonable endeavours, in good faith, to resolve it promptly through negotiation between appointed representatives, including a meeting within fifteen (15) days of written request by either Party.

14.3 If the Parties cannot resolve a dispute within ninety (90) days of it arising, the dispute will be referred to a single arbitrator appointed by the Chairperson of the Chartered Institute of Arbitrators, South Africa branch, whose decision is final and binding. The arbitration will be held in Johannesburg, South Africa, and costs will be determined by the arbitrator.

These Terms relate to the Flowcart × Peach Payments promotional trial. Peach Payments is a promotional partner and is not a party to the Agreement. For questions, contact Flowcart at support@flowcart.ai