These Terms of Service ("Terms") govern your access to and use of massageair.ai and the client-facing sites on which listings are published, including MassageDirectory.ai, Massage Specials and massagetherapist.me (together, the "Services"). The Services are provided by the owners and shareholders of Massage Air ("we", "us" or "our"). By signing up or using the Services you agree to these Terms. If you do not agree, please do not use the Services.
1. Who may use the Services
You must be at least 18 years old, legally able to enter into a binding contract, and offering legitimate massage and wellness services in South Africa. You confirm that all information you give us is true, accurate and kept up to date.
2. What we provide
We create and publish listings that help members of the public find and contact you. We act only as an advertising and listing platform. We are not a party to any arrangement between you and a client, we do not employ you, and we do not supervise, control or guarantee the services you provide. You are an independent professional responsible for your own work, conduct, premises, equipment, tax and compliance.
3. Your account and sign-in
- You sign in using one-time codes sent to your cell number. Keep your phone secure and do not share codes.
- You are responsible for all activity that happens under your account.
- Tell us promptly if you believe someone else has accessed your account.
- We may limit how often codes can be requested to protect the Services.
4. Fees and billing
- The standard price is R299 per month per site. Promotional offers, such as all three sites for R299 a month, apply as stated at the time you join and may be withdrawn for new sign-ups at any time.
- Plans run month to month. There is no fixed term.
- Fees are charged in advance for each monthly period and are non-refundable for periods already started, except where the law requires otherwise.
- We may change our prices on at least 30 days' notice. Changes apply from your next billing period.
- If payment fails, we may pause your listings until payment is made.
- All amounts are in South African rand and include VAT where applicable.
5. Pausing, switching on and removal
You may pause your listings at any time and switch them back on at any time. While paused, your listings are not shown to clients. If you choose "Remove me", your listings are taken offline but are not deleted, so they can be restored later. If you want your information permanently erased, ask us and we will handle the request under our Privacy Policy.
6. Your content
- You keep ownership of the photos and information you provide ("Your Content").
- You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, edit, enhance, crop, format, adapt, publish and display Your Content for the purpose of operating, improving and promoting the Services, including on the client-facing sites.
- This licence continues while Your Content is held by us and ends when it is permanently erased, except for copies kept in routine backups for a limited time.
- You confirm that you own or have permission to use Your Content, that photos are of you, and that Your Content does not infringe anyone's rights.
7. Photo editing
We may edit your photos to improve lighting, background and presentation, and create cropped or cut-out versions. We aim to keep you recognisable and true to life. We may decline to use a photo that does not meet our standards.
8. Acceptable use
You must not:
- Advertise or offer sexual services, or any illegal service, through the Services.
- Upload content that is false, misleading, explicit, offensive, defamatory or harmful.
- Impersonate anyone or list on behalf of someone without their permission.
- Interfere with, probe, scrape or disrupt the Services or attempt to bypass security or rate limits.
- Use the Services to send spam or unsolicited messages.
- Break any law, including consumer protection, health, safety and data protection laws.
We may review, refuse, edit, pause or remove any listing that we reasonably believe breaches these Terms or could harm clients, other therapists or the Services.
9. Messages we send
By signing up, you agree that we may send you SMS messages related to your account, including one-time codes, your listing links and service notices. Standard network rates may apply. We will only send marketing messages where the law allows, and you can opt out of marketing at any time.
10. Availability and changes
We work to keep the Services running smoothly, but we do not promise that they will be uninterrupted, error-free or always available. We may change, add or remove features, or change which sites your listing appears on, as long as the overall value of what you pay for is not materially reduced without notice.
11. No guarantee of results
We do not guarantee any number of views, enquiries, bookings or income. Results depend on many factors outside our control.
12. Disclaimers
To the extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms limits any right you have under the Consumer Protection Act 68 of 2008 that cannot lawfully be limited.
13. Limitation of liability
To the extent permitted by law, the owners and shareholders of Massage Air, and their agents and service providers, will not be liable for any indirect, incidental, special, consequential or punitive loss, or any loss of profit, income, business, goodwill or data, arising from or related to the Services. Our total liability for any claim related to the Services is limited to the fees you paid us in the three months before the event giving rise to the claim. These limits do not apply to liability that cannot be excluded by law, including liability for gross negligence or wilful misconduct.
14. Indemnity
You agree to indemnify and hold harmless the owners and shareholders of Massage Air against any claim, loss, damage or cost (including reasonable legal fees) arising from your services to clients, Your Content, or your breach of these Terms or the law.
15. Suspension and termination
You may stop using the Services at any time. We may suspend or end your access if you breach these Terms, fail to pay, or if we are required to by law, giving notice where reasonably possible. Sections that by their nature should survive termination will survive, including those on content licences, disclaimers, liability and indemnity.
16. Electronic communications
You agree that agreements, notices and other communications we send electronically satisfy any legal requirement that they be in writing, in line with the Electronic Communications and Transactions Act 25 of 2002.
17. Governing law and disputes
These Terms are governed by the laws of the Republic of South Africa. Before starting formal proceedings, both parties agree to try in good faith to resolve any dispute informally. Subject to that, the South African courts have jurisdiction.
18. General
- These Terms, together with our Privacy Policy, form the whole agreement between you and us about the Services.
- If any part of these Terms is found unenforceable, the rest stays in effect.
- Our failure to enforce a right is not a waiver of that right.
- You may not transfer your rights under these Terms. We may transfer ours to a successor operator of the Services.
- We may update these Terms. If changes are significant, we will notify you before they apply. Continued use after that means you accept the changes.
19. Contact
Questions about these Terms can be sent to the owners and shareholders of Massage Air through the contact options made available in the Services.