Terms of Service

By registering for an account, clicking "I agree", initiating a free trial, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.

The Services are intended for use by businesses and business professionals. By using the Services, you represent and warrant that:

• You have the legal capacity to enter into binding contracts in your jurisdiction
• You have the legal capacity to enter into binding contracts in your jurisdiction
• You are accessing the Services for legitimate business purposes
• Your use of the Services will comply with all applicable laws and regulations, including but not limited to the Nigeria Data Protection Regulation (NDPR), South Africa's POPIA, Kenya's Data Protection Act 2019, UK GDPR, and any sector-specific regulations applicable to your industry

KChat provides cloud-based Contact-Centre-as-a-Service (CCaaS) and Unified Communications-as-a-Service (UCaaS) solutions, including:

• AI-powered omnichannel inbox for customer communications across WhatsApp, Instagram, Facebook Messenger, email, live chat, and voice
• Intelligent virtual agent (AI chatbot) for automated customer support
• Ticketing, case management, and escalation workflows
• Real-time and historical analytics and reporting dashboards
• CRM integrations (including Zoho CRM, Salesforce, Freshdesk, and Zoho Desk)
• Voice calling infrastructure and call management features
• Agent workspace and supervisor tools
• An AI-powered ChatGPT application through which prospective and current customers can ask questions about KChat features, pricing, and support best practices

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable prior notice to active subscribers.

You must register for an account to access most features of the KChat platform. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at sales@kasookoo.com if you suspect unauthorised access.

Access to the KChat platform is provided on a subscription basis. Fees are charged in accordance with the plan you select at sign-up or as agreed in a separate order form or agreement. By providing payment details, you authorise us to charge the applicable fees on the billing cycle selected. All fees are exclusive of applicable taxes unless stated otherwise. Fees are generally non-refundable except as required by applicable law or as expressly stated in a written agreement.

We may offer free trials of the Services. At the end of the trial period, continued use of the Services will require a paid subscription. We reserve the right to modify or discontinue free trials at any time.

Our Services include AI-powered features — including the KChat AI virtual agent, inbox AI assistant, and our ChatGPT App — that use artificial intelligence and machine learning to generate responses, summaries, and recommendations. Please be aware that:

• AI-generated responses are for general informational or operational assistance purposes only
• AI-generated content may not always be accurate, complete, current, or appropriate for your specific circumstances
• AI-generated responses do not constitute professional advice of any kind — including legal, financial, medical, regulatory, or compliance advice
• You should independently verify any important information before acting on it or communicating it to your customers
• We are not liable for any decisions made, or actions taken, based on AI-generated content
• AI features are provided to assist human agents; they do not replace human judgment in complex, sensitive, or regulated interactions
• Our ChatGPT App is operated in conjunction with OpenAI's platform; your interactions with it are also subject to OpenAI's Usage Policies and Terms of Service

This section contains important disclaimers regarding AI-generated content. By using any AI features within the Services, you acknowledge and accept these limitations.

As a CCaaS platform, KChat processes personal data on behalf of its Clients. In this relationship:

• You are the data controller: for the personal data of your customers and end-users that is processed through the KChat platform. You are responsible for ensuring you have a lawful basis for processing that data and for complying with all applicable data protection laws in your jurisdiction (including NDPR, POPIA, Kenya DPA, and any other applicable laws).
• KChat is the data processor: acting on your documented instructions. Our data processing obligations are set out in our Data Processing Agreement (DPA), which forms part of these Terms and is incorporated by reference.
• End-User disclosure: You are responsible for informing your end-customers about how their data is processed through the KChat platform, including any AI features, call recording, or messaging functionality. You must ensure your own privacy policy and customer disclosures accurately reflect your use of KChat.
• Lawful instructions: You agree not to instruct KChat to process data in a manner that would violate applicable law or the rights of data subjects.

You agree to use the Services only for lawful purposes. You must not:

• Use the Services to transmit, distribute, or store material that is unlawful, fraudulent, harassing, defamatory, obscene, or otherwise harmful
• Use the Services to send unsolicited commercial messages (spam) in violation of applicable anti-spam laws (including Nigeria's Cybercrimes Act provisions, South Africa's ECTA, Kenya's Information and Communications Act, and the UK's PECR)
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Use the Services to violate any third party's intellectual property, privacy, or other legal rights
• Attempt to gain unauthorised access to, interfere with, or disrupt the Services or their underlying infrastructure
• Use automated tools, bots, or scripts to scrape, crawl, or extract data from the Services without our prior written consent
• Submit sensitive personal data — including government-issued identity numbers, health records, payment card numbers, or biometric data — through the ChatGPT App
• Reverse engineer, decompile, or disassemble any part of the Services
• Resell, sublicense, or otherwise make the Services available to third parties except as expressly permitted in writing by KChat
• Use the Services in a way that could damage our reputation or bring KChat or Kasookoo into disrepute

We reserve the right to suspend or terminate access to the Services if we determine, in our reasonable judgement, that you have violated this Acceptable Use Policy.

The KChat and Kasookoo platforms, websites (kchat.live, kasookoo.com, kasookoo.ai), software, brand names, logos, trademarks, and all associated content are the property of Yuave Limited or its licensors and are protected by applicable intellectual property laws. These Terms do not grant you any ownership rights in the Services. You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

You retain all ownership rights in the data and content you upload or input into the Services ("Client Data"). By using the Services, you grant Yuave Limited a limited, non-exclusive, royalty-free licence to use, process, store, and transmit Client Data solely to the extent necessary to provide and improve the Services in accordance with these Terms and our Privacy Policy.

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback without restriction and without obligation to compensate you.

The Services integrate with, or otherwise make use of, third-party platforms and services, including:

• OpenAI (for the KChat AI assistant and ChatGPT App — openai.com)
• WhatsApp Business API (Meta Platforms, Inc.)
• Instagram and Facebook Messenger (Meta Platforms, Inc.)
• Zoho CRM, Zoho Desk, Zoho Bookings
• Salesforce
• Freshdesk (Freshworks Inc.)
• Shopify (where applicable for eCommerce clients)

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services. Any issues arising from third-party integrations should be directed to the relevant third-party provider.

We target high availability for the KChat platform and will make reasonable commercial efforts to maintain agreed service levels as set out in any applicable Service Level Agreement (SLA) or order documentation. Planned maintenance will be communicated in advance wherever possible. We are not liable for downtime caused by third-party infrastructure failures, force majeure events, or actions of third-party service providers (including telecommunications carriers or cloud infrastructure providers) outside our reasonable control.

Each party may have access to information that is proprietary or confidential to the other party ("Confidential Information"). Each party agrees to: (a) keep the other party's Confidential Information confidential using at least the same degree of care used to protect its own confidential information (but not less than reasonable care); (b) use the other party's Confidential Information only for the purposes of performing obligations or exercising rights under these Terms; and (c) not disclose the other party's Confidential Information to any third party without prior written consent, except to personnel or professional advisers who have a need to know and are bound by equivalent confidentiality obligations. These obligations do not apply to information that is or becomes publicly available through no breach of these Terms, or that is required to be disclosed by law.

To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of AI-generated content. We do not warrant that the Services will be uninterrupted, error-free, completely secure, or that any defects will be corrected.

To the maximum extent permitted by applicable law:

• Yuave Limited shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to your use of, or inability to use, the Services — including damages for loss of profits, goodwill, data, or other intangible losses — even if we have been advised of the possibility of such damages.
• Our total aggregate liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the total fees paid by you to KChat in the 12 months immediately preceding the event giving rise to the claim, or (b) £500 (five hundred pounds sterling).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law (including under the UK Consumer Rights Act 2015, to the extent applicable).

You agree to indemnify, defend, and hold harmless Yuave Limited, its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law or the rights of a third party; (c) any Client Data you submit, upload, or transmit through the Services; or (d) your failure to comply with your data controller obligations under applicable data protection law.

These Terms remain in effect from the date you first access or use the Services until terminated in accordance with this Section.

You may terminate your account at any time by providing written notice to sales@kasookoo.com. Termination does not entitle you to a refund of pre-paid subscription fees except as required by law or as expressly agreed in writing.

We may suspend or terminate your access to the Services immediately and without notice if: (a) you breach any provision of these Terms or our Acceptable Use Policy; (b) we are required to do so by applicable law or a regulatory authority; (c) we reasonably believe your use of the Services poses a security risk; or (d) you fail to pay applicable fees after reasonable notice. We may also terminate these Terms for convenience by providing 30 days' written notice.

Upon termination: (a) all licences granted under these Terms will immediately cease; (b) you must stop using the Services; and (c) each party will return or destroy the other party's Confidential Information. We will provide reasonable assistance in exporting Client Data for 30 days following termination, after which Client Data may be deleted in accordance with our Data Retention Policy. Provisions that by their nature should survive termination (including Sections 8, 11, 12, 13, 14, 17, and 18) will survive.

We may update or modify these Terms from time to time. If we make material changes, we will provide at least 30 days' notice via email to the registered account holder or via an in-platform notification before the changes take effect. Continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes. We may modify the features and functionality of the Services at any time, and will endeavour to provide reasonable notice of significant changes.

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that:

• Where you are a consumer (if applicable) located in another jurisdiction, you may also have the right to bring proceedings in your local courts
• Nothing in this clause prevents either party from seeking urgent injunctive or interim relief in any court of competent jurisdiction
• For disputes involving Nigerian Clients, the parties acknowledge the jurisdiction of the Federal High Court of Nigeria where required by NDPR enforcement provisions

Before initiating formal proceedings, each party agrees to attempt to resolve any dispute informally by notifying the other party in writing and negotiating in good faith for a period of 30 days.

• Entire Agreement: These Terms, together with our Privacy Policy and any Data Processing Agreement and order documentation, constitute the entire agreement between you and Yuave Limited in relation to the Services and supersede all prior agreements or understandings.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable; all other provisions remain in full force.
• Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets, with reasonable notice to you.
• Notices: Notices to us should be sent to sales@kasookoo.com. We will send notices to you at the email address associated with your account.
• Force Majeure: Neither party will be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including natural disasters, government actions, telecommunications outages, or pandemics.
• No Agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties.
• Language: These Terms are written in English. In the event of a conflict between any translation and the English version, the English version shall prevail.

If you have any questions about these Terms of Service, please contact:

• Company: Yuave Limited (trading as Kasookoo / KChat)
• Registered address: 4th Floor Silverstream House, 45 Fitzroy Street, Fitzrovia, London W1T 6EB, United Kingdom
• Legal enquiries: help@kasookoo.com
• General enquiries: sales@kasookoo.com
• Websites: www.kasookoo.com | www.kasookoo.ai | kchat.live