1. Overview
These Terms of Service (“Terms”) govern access to and use of https://www.fmedia.co.za/, the FMedia Marketing platform, related websites, mobile views, APIs, and paid subscription plans (together, the “Service”). The Service is operated by FMedia Marketing (“FMedia”, “we”, “us”, or “our”), of Northcliff, South Africa.
By creating an account, clicking accept, paying for a plan, or using the Service, you agree to these Terms, our Privacy Policy, and our Refund and Cancellation Policy. If you do not agree, do not use the Service.
If you use the Service on behalf of a business, you confirm that you have authority to bind that business. These Terms apply to that business.
We may update these Terms from time to time. The revised Terms take effect when posted on this page. Continued use after a change is acceptance of the updated Terms. The current version was last updated on 15 August 2026.
2. Who we are and how to contact us
FMedia Marketing
Northcliff, South Africa
Email: admin@fmedia.co.za
Website: https://www.fmedia.co.za/
The Service is a South African software-as-a-service product. Payments are processed in South African Rand (ZAR) through PayFast and other payment partners we may appoint.
3. The Service
FMedia Marketing provides marketing, social publishing, inbox, automation, analytics, and related tools. Features available to you depend on your package, account type (client or agency), and third-party platform permissions.
We may add, change, or withdraw features, impose usage limits, or change package inclusions. We will try to give reasonable notice of material changes that reduce paid functionality.
The Service depends on third-party platforms (including Meta/Facebook/Instagram, WhatsApp, Google, TikTok, Canva, and similar providers). Those platforms can change or withdraw APIs at any time. We are not responsible for outages, policy changes, rate limits, or account restrictions imposed by third parties.
4. Accounts and eligibility
You must be at least 18 years old and able to enter a binding contract under South African law. The Service is a business tool and is not directed at children.
You must provide accurate registration details and keep them current. You are responsible for all activity on your account and for keeping your password confidential. Notify us immediately at admin@fmedia.co.za if you suspect unauthorised access.
We may suspend or close an account that is incomplete, abusive, unpaid, or that we reasonably believe breaches these Terms or applicable law.
5. Plans, fees, and billing
Paid packages are described on our pricing page. Prices are in ZAR and may exclude VAT unless stated otherwise. We may change prices for future billing cycles. Price changes do not alter a cycle that has already been paid, except as required by law.
Subscriptions renew for the same validity period as the selected package (typically 30 days) unless you cancel before the renewal date.
Payment is collected by PayFast or another authorised processor. By paying, you also accept that processor’s terms. We do not store full card numbers on our servers.
If a payment fails, we may retry, restrict access, or downgrade the account until payment is received. You remain responsible for amounts already due.
Refunds, cooling-off, and cancellations are set out in our Refund and Cancellation Policy.
6. Acceptable use
You may use the Service only for lawful marketing and communications on accounts you own or are authorised to manage. You must not:
- send spam, unsolicited bulk messages, or content that breaches the Consumer Protection Act, ECTA, POPIA, or any platform policy;
- upload or publish unlawful, defamatory, hateful, deceptive, or infringing content;
- attempt to probe, scrape, reverse engineer, or overload the Service;
- share login details, resell access (except under an authorised agency arrangement), or misrepresent your identity;
- use the Service to interfere with another person’s social, WhatsApp, or advertising accounts;
- circumvent usage limits, security, or payment.
You are solely responsible for content you create, schedule, or send through the Service, including advertisements, captions, images, and chatbot replies.
7. Intellectual property
The Service, including software, design, trademarks, documentation, and FMedia branding, is owned by FMedia or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during an active subscription, solely for your internal business purposes.
You retain ownership of content you upload. You grant FMedia a licence to host, process, transmit, and display that content only as needed to provide the Service.
You may not copy, modify, distribute, or create derivative works from the Service except as allowed by law.
8. Third-party services
Connecting Facebook, Instagram, WhatsApp, Google, or other accounts authorises us to access those accounts as permitted by you and by the third-party provider. You can revoke access at any time in that provider’s settings or by disconnecting the account in FMedia.
We are not a party to your contracts with Meta, Google, PayFast, or other third parties. Their terms apply in addition to these Terms.
9. Privacy and personal information
We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our Privacy Policy. You must have a lawful basis (including consent where required) before uploading customer, lead, or audience data into the Service.
If you are an agency, you must have your client’s authority to connect their pages, inboxes, and advertising assets.
10. Availability and support
We aim to keep the Service available, but we do not guarantee uninterrupted or error-free operation. Planned maintenance, hosting incidents, and third-party outages may occur.
Support is available at admin@fmedia.co.za and via the in-app support desk. We try to respond within 24–48 hours on business days.
11. Disclaimers and limitation of liability
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by South African law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that use of the Service will increase sales, reach, or rankings.
Nothing in these Terms excludes or limits liability that cannot be excluded under the Consumer Protection Act 68 of 2008 or other mandatory law, including liability for gross negligence or fraud.
Subject to that, FMedia is not liable for indirect, incidental, special, or consequential loss, lost profits, lost data, lost goodwill, or business interruption. Our total aggregate liability arising out of the Service in any 12-month period is limited to the fees you actually paid us for the Service in that period.
12. Indemnity
You indemnify FMedia, its directors, staff, and contractors against claims, losses, and reasonable legal costs arising from your content, your use of the Service, your breach of these Terms, or your breach of third-party platform rules, except to the extent caused by our gross negligence or wilful misconduct.
13. Suspension and termination
You may stop using the Service at any time. Paid subscriptions are cancelled as described in the Refund and Cancellation Policy.
We may suspend or terminate access immediately if you breach these Terms, fail to pay, misuse third-party APIs, or if we are required to do so by law or a platform provider. On termination, your licence ends. We may delete account data after a reasonable retention period, subject to legal obligations.
14. Complaints and disputes
Please contact admin@fmedia.co.za first so we can try to resolve the issue. If we cannot resolve it, either party may refer the dispute to mediation in Johannesburg. If mediation fails, the courts of South Africa have exclusive jurisdiction, with Gauteng as the preferred forum.
These Terms are governed by the laws of the Republic of South Africa.
15. General
If a provision is unenforceable, the rest remains in force. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent. We may assign them as part of a business transfer. These Terms, together with the Privacy Policy and Refund and Cancellation Policy, are the entire agreement between you and FMedia about the Service.
For questions about these Terms, email admin@fmedia.co.za.
