Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Kwijo ("we", "us", "our") governing your access to and use of the Kwijo AI-powered business management platform, including the website, application, AI agents, and all related services (collectively, the "Service").

By creating an account or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

These Terms are governed by the laws of the Republic of Kenya, including the Consumer Protection Act, 2012, the Kenya Information and Communications Act, the Data Protection Act, 2019, and the Computer Misuse and Cybercrimes Act, 2018.

2. Eligibility

• You must be at least 18 years of age to use the Service.
• You must have the legal capacity to enter into binding contracts under Kenyan law.
• If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

3. Account Registration and Security

To use the Service, you must create an account using WhatsApp OTP verification or Google authentication. You agree to:

• Provide accurate and complete information during registration and onboarding
• Maintain the security of your account credentials and phone number
• Notify us immediately of any unauthorised access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

4. Service Description

Kwijo is an AI-powered business management platform for Kenyan small and medium enterprises. The Service includes:

• AI Agents: Conversational AI assistants that help with various business tasks including sales tracking, inventory management, bookkeeping, business advice, and creative design.
• Business Tools: Point-of-sale recording, product management, customer relationship management, expense tracking, invoicing, and reporting.
• Integrations: Optional connections to Gmail, Google Calendar, and M-Pesa payment processing.
• Proactive Insights: Automated business tips, reminders, and performance updates delivered through AI agents.
• Web Search: AI agents may search the web to provide current market prices, regulations, and business information.

5. AI Agents and the "Interview Before You Hire" Model

5.1 Available Agents

• Amina (Personal Assistant) — Free, with a daily message limit of 10 messages per day on the free tier
• Kofi (Shop Attendant) — KSh 1,500/month
• Wema (Bookkeeper) — KSh 2,000/month
• Juma (Business Advisor) — KSh 2,500/month
• Sana (Creative Designer) — KSh 2,500/month

5.2 Free Trial

Paid agents (Kofi, Wema, Juma, Sana) are available for a 7-day free trial. During the trial, you have full access to the agent's capabilities. No payment information is required to start a trial.

5.3 Trial Expiry

When a trial expires, the agent is deactivated and can no longer be used until a subscription is purchased. Your data created during the trial is retained and becomes accessible again upon subscription.

6. Pricing, Payments, and Subscriptions

6.1 Pricing

Current pricing is displayed on the platform and may be updated from time to time. We will notify you of any price changes at least 30 days before they take effect. All prices are in Kenya Shillings (KSh) and are inclusive of applicable taxes.

6.2 M-Pesa Payments

Payments are processed exclusively through M-Pesa via Safaricom's Daraja STK Push API. When you initiate a payment:

• An STK Push prompt is sent to your registered M-Pesa phone number
• You must enter your M-Pesa PIN on your phone to confirm the transaction
• Payment confirmation is processed automatically upon successful completion
• We do not store your M-Pesa PIN or access your M-Pesa balance

6.3 Subscriptions and Bundles

Subscriptions are available as individual agent plans or bundles:

• Starter Bundle: KSh 2,000/month
• Growth Bundle: KSh 3,500/month
• Full Team Bundle: KSh 7,500/month

Subscriptions renew automatically on a monthly basis. You will receive a notification before each renewal.

6.4 Cancellation

You may cancel any subscription at any time through the Settings page. Upon cancellation:

• You retain access to the agent until the end of your current billing period
• No further charges will be made
• Your business data is retained and remains accessible through other active agents or Amina (free tier)

6.5 Refunds

Given the digital nature of the Service and the availability of free trials, refunds are generally not provided. However, in cases of billing errors or failed service delivery, you may request a review by contacting us at support@kwijo.com. We will assess each request on a case-by-case basis in accordance with the Consumer Protection Act, 2012.

7. Referral Programme

Kwijo offers a referral programme that rewards users for inviting others to the platform. When a referred user signs up using your referral code and hires their first paid agent, you receive free credit days. The referral programme:

• Is subject to change or termination at our discretion with reasonable notice
• May not be abused through fraudulent sign-ups, self-referrals, or spam
• Credits are non-transferable and have no cash value

8. Acceptable Use

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

• Use the Service for any illegal activity or to facilitate illegal transactions
• Attempt to gain unauthorised access to the platform, other users' data, or our systems
• Upload malicious content, viruses, or harmful code
• Use AI agents to generate harmful, fraudulent, defamatory, or misleading content
• Abuse free trial periods by creating multiple accounts
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Use automated scripts or bots to access the Service (other than the AI agents we provide)
• Resell, sublicense, or redistribute the Service without our written consent
• Circumvent usage limits, billing mechanisms, or security measures

Violation of this section may result in immediate suspension or termination of your account in accordance with the Computer Misuse and Cybercrimes Act, 2018.

9. Intellectual Property

9.1 Our Property

The Kwijo platform, including its design, code, AI models integration, agent personalities, branding, and documentation, is owned by Kwijo and protected by intellectual property laws. You may not copy, modify, or distribute any part of the platform without our written consent.

9.2 Your Data

You retain full ownership of all business data you input into the Service, including sales records, customer information, product data, expenses, and any other content you create. We do not claim ownership of your data.

9.3 AI-Generated Content

Content generated by AI agents (including text responses, business advice, and designs created by Sana) is provided for your use in connection with the Service. You may use AI-generated designs and content for your business purposes. We do not guarantee the originality or non-infringement of AI-generated content.

10. Data Ownership and Export

Your business data belongs to you. You may request an export of your data at any time by contacting us at support@kwijo.com. We will provide your data in a commonly used, machine-readable format (such as CSV or JSON) within a reasonable timeframe and in accordance with the Data Protection Act, 2019.

11. AI Disclaimer and Limitations

AI agents provide assistance and recommendations based on the data you provide and publicly available information. AI-generated outputs are not a substitute for professional advice.

• Not professional advice: AI recommendations regarding tax, accounting, legal, or regulatory matters are informational only. You should consult qualified professionals for specific advice.
• Accuracy: While we strive for accuracy, AI-generated content may contain errors, outdated information, or incomplete analysis. You are responsible for verifying AI outputs before acting on them.
• Business decisions: You are solely responsible for all business decisions made using the Service. We are not liable for losses arising from reliance on AI-generated recommendations.
• Web search results: Information retrieved from web searches is sourced from third-party websites and may not be accurate or current. We do not control or verify third-party content.
• Design outputs: AI-generated images and designs are created using generative AI technology. Results may vary and may require refinement for professional use.

12. Third-Party Services

The Service integrates with third-party services that are governed by their own terms and policies:

• Google (Gmail & Calendar): Subject to Google Terms of Service
• Safaricom M-Pesa: Subject to M-Pesa Terms and Conditions
• Supabase: Subject to Supabase Terms of Service

We are not responsible for the availability, accuracy, or practices of third-party services. Your use of these integrations is at your own discretion and subject to the respective third-party terms.

13. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice where practicable)
• System upgrades and security patches
• Third-party service outages (Supabase, Google, Safaricom)
• Force majeure events (see Section 17)

14. Limitation of Liability

To the maximum extent permitted by Kenyan law, including the Consumer Protection Act, 2012:

• Our total liability for any claim arising from or related to the Service shall not exceed the total amount you have paid to us in the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business opportunities, data, or goodwill.
• We are not liable for losses arising from AI-generated recommendations, business decisions made using the Service, or reliance on information obtained through web searches.
• Nothing in these Terms excludes or limits our liability for fraud, wilful misconduct, or any liability that cannot be excluded under Kenyan law.

15. Warranty Disclaimer

The Service is provided on an "as is" and "as available" basis. To the extent permitted by the Consumer Protection Act, 2012 and subject to implied warranties of merchantable quality that cannot be excluded under Kenyan law:

• We do not warrant that the Service will be error-free, secure, or uninterrupted
• We do not warrant the accuracy, completeness, or reliability of AI-generated content
• We do not warrant that the Service will meet your specific business requirements

16. Termination

16.1 Termination by You

You may stop using the Service and delete your account at any time. Contact us at support@kwijo.com to request account deletion. We will process the request and delete your data in accordance with our Privacy Policy.

16.2 Termination by Us

We may suspend or terminate your account if:

• You materially breach these Terms
• You engage in prohibited activities (Section 8)
• We are required to do so by law or regulatory authority
• Your account has been inactive for more than 12 consecutive months

We will provide 30 days' notice before termination where practicable, unless immediate termination is required for security or legal reasons. You will have an opportunity to export your data during this notice period.

16.3 Effect of Termination

Upon termination:

• Your right to access the Service ceases immediately
• Active subscriptions are cancelled (no refund for remaining period, except in cases of termination by us without cause)
• Your data will be retained for 90 days to allow recovery, then permanently deleted
• Google OAuth tokens are revoked and deleted

17. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, internet or telecommunications failures, power outages, third-party service outages, cyberattacks, pandemics, or civil unrest.

18. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect by posting the updated Terms on our website and sending a notification through the platform.

Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree with the updated Terms, you must stop using the Service and may request account deletion and data export.

19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.

In the event of any dispute arising from or relating to these Terms or the Service:

1. The parties shall first attempt to resolve the dispute amicably through direct negotiation for a period of 30 days.
2. If negotiation fails, the dispute shall be referred to mediation under the Nairobi Centre for International Arbitration (NCIA) Mediation Rules.
3. If mediation fails, either party may submit the dispute to the courts of Kenya, which shall have exclusive jurisdiction.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

21. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kwijo regarding the use of the Service and supersede all prior agreements, understandings, and representations.

22. Contact Us

For questions or concerns about these Terms, contact us at: