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Terms of Service

Effective Date: January 1, 2025

Version 1.0

Welcome to Tuma AI. These Terms of Service ("Terms") govern your access to and use of the Tuma AI platform, including our WhatsApp Business API integration, insurance quote services, CRM management, and AI-powered customer engagement tools. By accessing or using our services, you agree to be bound by these Terms.

1. Definitions

  • "Platform" refers to Tuma AI's business automation and customer engagement platform.
  • "Services" includes all features, tools, and functionalities provided by Tuma AI.
  • "User", "you", or "your" refers to any individual or entity using our Services.
  • "Business User" refers to companies using the Platform to manage customer interactions.
  • "End Customer" refers to individuals interacting with Business Users through our Platform.
  • "Content" means any data, text, images, documents, or other materials uploaded or transmitted through the Platform.

2. Acceptance of Terms

By creating an account, accessing, or using any part of our 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 to these Terms, you must not use our Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Service Description

Tuma AI provides the following services:

  • WhatsApp Business API integration and messaging capabilities
  • Insurance quote processing and management (including car insurance)
  • Customer Relationship Management (CRM) tools
  • AI-powered chat agents and conversation management
  • E-commerce product integration and catalog management
  • Interactive WhatsApp flows for customer interactions and data collection
  • Document and media upload/storage services
  • Integration with third-party services (Meta/Facebook, Google Cloud Storage)

4. Account Registration and Security

4.1 Account Creation

To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

4.3 Account Eligibility

You must be at least 18 years old to create an account and use our Services. By using our Services, you represent that you meet this age requirement.

5. Data Collection and Privacy

5.1 Types of Data Collected

Through our Platform, we collect and process various types of data, including but not limited to:

  • Personal Information: Name, email, phone number, date of birth, ID number, physical address
  • Vehicle Information: Type, make, model, year, VIN number, primary use
  • Driver Profile: Age, driving experience, license county, accident and violation history
  • Insurance Data: Coverage preferences, deductible preferences, quote information
  • Documents: National ID photos, KRA PIN certificates, and other uploaded documents
  • Conversation Data: Chat messages, conversation history, customer preferences
  • Technical Data: Flow tokens, user IDs, client IDs, timestamps, device information

5.2 Data Protection

We are committed to protecting your data in compliance with Kenyan data protection laws and international standards. For detailed information on how we collect, use, and protect your data, please refer to our Privacy Policy.

5.3 User Consent

By using our Services, you consent to the collection, processing, and storage of your data as described in these Terms and our Privacy Policy. You have the right to withdraw consent at any time by contacting us.

6. Document Upload and Storage

6.1 Document Types

Our Platform allows you to upload sensitive documents, including National ID photos, KRA PIN certificates, and other identity verification documents. These documents are stored securely using Google Cloud Storage.

6.2 Document Security

We implement industry-standard security measures to protect your uploaded documents, including encryption at rest and in transit. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

6.3 Document Retention

We retain uploaded documents for as long as necessary to provide our Services and comply with legal obligations. You may request deletion of your documents at any time, subject to our legal retention requirements.

7. Insurance Quote Services

7.1 Nature of Quotes

Insurance quotes provided through our Platform are estimates only and are not binding offers. Actual insurance premiums and coverage terms are determined by insurance providers based on their underwriting criteria.

7.2 No Insurance Provider Relationship

Tuma AI is not an insurance provider, broker, or agent. We facilitate connections between users and insurance providers but do not sell, underwrite, or service insurance policies.

7.3 Accuracy of Information

You are responsible for providing accurate and complete information when requesting insurance quotes. Inaccurate information may result in incorrect quotes or denial of coverage by insurance providers.

8. WhatsApp Business API Usage

8.1 Compliance with Meta Terms

Our WhatsApp integration is subject to Meta's WhatsApp Business API Terms of Service. By using our WhatsApp features, you agree to comply with Meta's policies and guidelines.

8.2 Message Content

You are responsible for the content of messages sent through our Platform. You must not use our Services to send spam, unsolicited messages, or content that violates applicable laws or Meta's policies.

8.3 Service Availability

WhatsApp messaging services depend on Meta's infrastructure. We are not responsible for interruptions or limitations in WhatsApp services beyond our control.

9. AI and Automated Responses

9.1 AI-Generated Content

Our Platform uses AI to generate automated responses and manage customer conversations. While we strive for accuracy, AI-generated content may contain errors or inaccuracies.

9.2 No Professional Advice

AI-generated responses do not constitute professional advice (legal, financial, medical, or otherwise). You should not rely solely on AI-generated content for important decisions.

9.3 Human Oversight

Business Users are responsible for monitoring and overseeing AI-generated responses to ensure they meet their quality standards and comply with applicable regulations.

10. User Responsibilities and Prohibited Activities

10.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not:

  • Violate any applicable laws, regulations, or third-party rights
  • Send spam, unsolicited messages, or engage in harassment
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the operation of our Services
  • Use our Services for fraudulent or deceptive purposes
  • Scrape, crawl, or collect data from our Platform without authorization
  • Reverse engineer or attempt to extract source code from our Platform

11. Intellectual Property Rights

11.1 Our Rights

All rights, title, and interest in and to the Platform, including all intellectual property rights, are owned by or licensed to Tuma AI. These Terms do not grant you any rights to use our trademarks, logos, or branding.

11.2 Your Content

You retain ownership of any content you upload or create through our Platform. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely to provide our Services.

11.3 Feedback

If you provide feedback or suggestions about our Services, we may use such feedback without any obligation to you.

12. Third-Party Integrations

Our Platform integrates with third-party services, including Meta's WhatsApp Business API and Google Cloud Storage. Your use of these integrations is subject to the respective third-party terms and policies.

We are not responsible for the availability, performance, or practices of third-party services. Any issues with third-party services should be directed to the respective service providers.

13. Payment Terms

13.1 Fees

Certain features of our Services may require payment of fees. We will clearly communicate applicable fees before you incur any charges. All fees are stated in Kenyan Shillings (KES) unless otherwise specified.

13.2 Payment Processing

Payments are processed through third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for applicable fees.

13.3 Refunds

Fees paid are generally non-refundable unless otherwise stated or required by law. Refund requests should be submitted to our support team for review.

14. Service Modifications and Termination

14.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of Services.

14.2 Termination by You

You may terminate your account at any time by contacting our support team. Upon termination, your access to the Services will cease, and we may delete your account data subject to our retention policies.

14.3 Termination by Us

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. We will provide notice when reasonably possible.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUMA AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICES AT YOUR OWN RISK.

17. Indemnification

You agree to indemnify, defend, and hold harmless Tuma AI and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another party.

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles.

18.2 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us to attempt to resolve any disputes informally.

18.3 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the Arbitration Act of Kenya. The arbitration shall be conducted in Nairobi, Kenya.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our Platform and updating the "Effective Date" at the top of this document.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tuma AI regarding the Services.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

20.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Contact Information

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

Email: info@tumaai.africa

Phone: +254 746 051 278

Company: Tuma.AI

Legal Notice: These Terms of Service have been prepared for Tuma AI and should be reviewed by qualified legal counsel to ensure compliance with all applicable laws and regulations. This document is provided as a starting point and may require customization based on specific business needs and jurisdictional requirements.