1. Agreement to Terms

By accessing or using WeSay's civic voting platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all users of the Service, including users who access the platform via WhatsApp, web browser, or USSD.

WeSay is operated by WeSay (Pty) Ltd, a company registered in South Africa. These Terms constitute a legally binding agreement between you and WeSay.

2. Description of Service

WeSay is a WhatsApp-first civic voting platform that enables South African citizens to participate in democratic processes by voting on petitions and civic issues. The Service provides:

• Access to civic petitions and voting opportunities
• Real-time voting results and statistics
• Multi-language support for South African languages
• Secure, encrypted voting via WhatsApp, web, or USSD
• Sharing capabilities to promote civic engagement

3. Eligibility

To use WeSay, you must:

• Be at least 18 years of age
• Have a valid South African cellphone number
• Provide accurate and truthful information during registration
• Comply with all applicable South African laws and regulations
• Not be prohibited from using the Service under South African law

By using the Service, you represent and warrant that you meet these eligibility requirements.

4. User Accounts and Verification

To participate in voting, you must verify your identity:

• WhatsApp Users: Your cellphone number is automatically verified through WhatsApp
• Web/PWA Users: You will receive a one-time verification code via SMS
• Account Security: You are responsible for maintaining the security of your cellphone number and account access
• One Account Per Person: Each person may maintain only one account
• Accurate Information: You must provide accurate and current information

You agree to notify us immediately of any unauthorized use of your account.

5. Voting Rules and Conduct

5.1 Voting Guidelines

• One vote per person per petition
• Votes are final and cannot be changed once submitted
• Vote manipulation, fraud, or automated voting is strictly prohibited
• Voting must be done personally by the account holder

5.2 Prohibited Conduct

You agree not to:

• Create multiple accounts to cast multiple votes
• Use automated systems, bots, or scripts to vote
• Manipulate, interfere with, or disrupt the Service
• Attempt to gain unauthorized access to the platform or other accounts
• Engage in voter intimidation, harassment, or coercion
• Share false or misleading information about petitions
• Use the Service for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Impersonate another person or entity
• Collect or harvest information about other users

6. Petitions and Content

6.1 Petition Guidelines

Petitions on WeSay are created and managed by authorized administrators. All petitions must:

• Address legitimate civic issues
• Not promote hate speech, discrimination, or violence
• Not contain false, misleading, or defamatory information
• Comply with South African law

6.2 Content Moderation

WeSay reserves the right to remove, modify, or reject any petition or content that violates these Terms or is deemed inappropriate. We may close petitions that violate our guidelines or applicable laws.

7. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by WeSay (Pty) Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, logos, and service marks ("Marks") may not be used without our prior written permission. You may not use our Marks in connection with any product or service that is not ours, in any manner that is likely to cause confusion or that disparages or discredits WeSay.

You retain ownership of any content you submit, but grant WeSay a non-exclusive, worldwide, royalty-free license to use, display, and process your votes and responses for the purpose of operating the Service.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and protection practices.

We comply with the Protection of Personal Information Act (POPIA) and are committed to protecting your personal information.

9. WhatsApp Integration

WeSay integrates with WhatsApp Business API to provide voting services. By using WeSay via WhatsApp:

• You must comply with WhatsApp's Terms of Service
• We are not responsible for WhatsApp's availability or functionality
• WhatsApp may charge you data or messaging fees based on your mobile plan
• We do not have access to your WhatsApp conversations or contacts

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WESAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10.3 Petition Outcomes

WeSay provides a platform for civic engagement but does not guarantee that petition results will lead to specific actions or outcomes. We are not responsible for how petition organizers, government entities, or other parties respond to petition results.

11. Indemnification

You agree to indemnify, defend, and hold harmless WeSay, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another party.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Fraudulent or suspicious activity
• Request by law enforcement or government agency
• Discontinuation of the Service

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

13.2 Dispute Resolution Process

In the event of a dispute:

1. Contact us at legal@wesay.co.za to attempt informal resolution
2. If informal resolution fails, the dispute shall be submitted to mediation
3. If mediation fails, disputes shall be resolved through arbitration in South Africa

13.3 Jurisdiction

You agree to submit to the personal jurisdiction of the courts located in South Africa for the purpose of litigating all such claims or disputes.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect via email or in-app notification. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect.

16. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of WeSay.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WeSay regarding the Service and supersede all prior agreements and understandings, whether written or oral.

18. Contact Information

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