Terms of Service

1. Agreement

By signing up for or using Apta ("the Platform"), you ("the Client") agree to these Terms of Service. If you do not agree, do not use the Platform. These terms constitute a legally binding agreement between you and Apta.

2. The Service

Apta provides an AI-powered customer operations platform that enables businesses to:

• Automate customer conversations via WhatsApp
• Qualify and score leads automatically
• Manage customer relationships via a dashboard
• Upload and use business knowledge bases
• Receive escalation alerts for high-intent customers

3. Account Registration

To use the Platform, you must:

• Provide accurate and complete registration information
• Be at least 18 years old or a registered business entity
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized account access

You are responsible for all activity that occurs under your account.

4. Subscription & Payment

Plans: Apta offers Starter (KES 8,000/month), Growth (KES 15,000/month), and Pro (KES 30,000/month) plans.

Billing: Subscriptions are billed monthly. Payment is due at the start of each billing cycle.

Activation: Your WhatsApp AI will be activated within 24 hours of confirmed payment.

Late payment: Accounts with overdue payments may be suspended after 7 days notice.

Refunds: We offer a pro-rated refund within the first 7 days if the service fails to function as described. No refunds after 7 days.

5. Acceptable Use

You agree NOT to use Apta to:

• Send spam, unsolicited messages, or bulk marketing without consent
• Harass, threaten, or deceive customers
• Collect data in violation of applicable privacy laws
• Violate WhatsApp's Business Policy or Terms of Service
• Impersonate another person or business
• Use the Platform for illegal activities
• Attempt to reverse engineer or copy the Platform
• Share your account credentials with unauthorized parties

6. AI & Accuracy

Apta uses artificial intelligence to generate responses. You acknowledge that:

• AI responses may occasionally be inaccurate or incomplete
• You are responsible for reviewing AI responses and escalating appropriately
• Apta does not guarantee specific business outcomes or lead conversion rates
• You should not rely solely on AI for critical business or legal decisions

7. Your Data & Content

You retain ownership of all data and content you upload to the Platform (knowledge base documents, customer data, etc.). By uploading content, you grant Apta a limited license to process and use that content solely to provide the service to you.

You are responsible for ensuring you have the right to upload and process any data you provide, including customer personal data.

8. Data Protection Responsibilities

As a Client using Apta to communicate with your customers:

• You are the Data Controller for your customers' personal data
• Apta acts as a Data Processor on your behalf
• You are responsible for obtaining appropriate consent from your customers
• You must inform your customers that AI is used in communications
• You must comply with the Kenya Data Protection Act 2019 and any other applicable laws

9. Service Availability

We target 99.5% platform uptime. Scheduled maintenance will be communicated 24 hours in advance. We are not liable for downtime caused by third-party services (WhatsApp, OpenAI, etc.) or force majeure events.

10. Intellectual Property

Apta and all its components, features, and technology are owned by Apta. You may not copy, modify, distribute, or create derivative works from our Platform without written permission.

11. Limitation of Liability

To the maximum extent permitted by law, Apta shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform, including but not limited to lost profits, lost data, or business interruption.

Our total liability to you shall not exceed the amount you paid us in the 3 months preceding the claim.

12. Termination

By you: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.

By us: We may suspend or terminate your account immediately for violations of these Terms, non-payment, or illegal activity. We will provide 7 days notice for other terminations.

Upon termination, your data will be retained for 90 days then permanently deleted.

13. Governing Law

These Terms are governed by the laws of Kenya. Any disputes shall be resolved in the courts of Nairobi, Kenya.

14. Changes to Terms

We may update these Terms from time to time. We will notify you via email at least 14 days before significant changes take effect. Continued use of the Platform after changes constitutes acceptance.

15. Contact

For questions about these Terms:

• Email: legal@zidiai.co
• WhatsApp: +254 790 615419