Last Updated: 2025-09-19 23:53
Effective Date: September 19, 2025
These Terms and Conditions ("Terms") govern your access to and use of the services, products, and platform ("Services") provided by Kwetu Limited, a company incorporated in England, trading as Kwetu Technologies ("Kwetu," "we," "us," or "our").
By accessing, using, or registering for our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services. These Terms are a legally binding agreement between you and Kwetu.
1. Definitions
2. Services Overview
Kwetu Technologies provides a Software-as-a-Service (SaaS) platform that enables businesses to manage their WhatsApp marketing and customer engagement. Our Services include, but are not limited to:
3. Eligibility and Account Registration
3.1. Eligibility: You must be at least 18 years of age to register for an Account and use the Services. By creating an Account, you represent and warrant that you meet this age requirement.
3.2. Account Information: You agree to provide accurate, current, and complete information during the registration process and to keep your Account information updated. You are responsible for all activities that occur under your Account, whether or not you have authorized such activities.
3.3. Account Security: You are solely responsible for maintaining the confidentiality of your Account credentials (username and password). You must notify Kwetu immediately of any unauthorized use of your Account or any other breach of security.
4. WhatsApp Business Platform Compliance
4.1. Your Responsibility: You acknowledge and agree that your use of the Kwetu Services is subject to and must be in full compliance with the WhatsApp Business Messaging Policy, the WhatsApp Business Terms of Service, and all other policies and guidelines published by Meta ("WhatsApp Policies").
4.2. User Opt-In: You are solely responsible for obtaining and maintaining explicit, verifiable, and documented consent from all users to whom you send messages via our platform. This consent must be in compliance with all applicable laws, including the UK GDPR, and the WhatsApp Policies. You agree to provide proof of such consent to Kwetu or a third party upon request.
4.3. Prohibited Content and Use: You agree not to use our Services for any purpose that is unlawful, prohibited by these Terms, or prohibited by the WhatsApp Policies. This includes, but is not limited to, sending messages that are spam, deceptive, fraudulent, illegal, or that promote hate speech, violence, or discrimination.
4.4. Suspension: You understand that WhatsApp and/or Kwetu may, at their sole discretion, suspend or terminate your access to the Services without prior notice if you violate any of the WhatsApp Policies or these Terms.
5. Subscription, Fees, and Payments
5.1. Subscription Plans: We offer various Subscription plans with different features and pricing. Details of the plans are available on our website at www.kwetu.co.uk. We reserve the right to change our pricing at any time, but we will provide you with at least thirty (30) days' notice before any price changes take effect.
5.2. Billing: All fees are billed in advance on a recurring basis (e.g., monthly or annually) as per your selected Subscription plan. You authorize Kwetu to charge your provided payment method for all applicable fees.
5.3. Cancellation and Refunds: You may cancel your Subscription at any time. Your access to the Services will continue until the end of your current billing period. We do not provide refunds for any unused portion of a Subscription period.
6. Intellectual Property Rights
6.1. Kwetu's IP: All intellectual property rights in and to the Kwetu Services, including the software, platform, user interface, design, trademarks, and all other proprietary information, are owned by Kwetu Limited. These Terms do not grant you any ownership rights to the Services or any of our intellectual property.
6.2. Your Content: You retain all intellectual property rights in the Content that you upload, transmit, or store on the platform. However, you grant Kwetu a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your Content solely for the purpose of providing and improving the Services.
7. Data Privacy and Security
7.1. Privacy Policy: Our collection, use, and handling of your personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference. You agree to the terms of the Privacy Policy.
7.2. Data Responsibility: You are the "data controller" of the Content you process using our Services. You are responsible for complying with all applicable data protection laws, including but not limited to the UK General Data Protection Regulation (UK GDPR), and any other relevant regulations in your jurisdiction.
7.3. Security: We take reasonable technical and organizational measures to protect your Content from unauthorized access, loss, or theft. However, you acknowledge that no system is completely secure, and you are responsible for maintaining backup copies of your Content.
8. Limitation of Liability
To the maximum extent permitted by law, Kwetu shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Services, even if Kwetu has been advised of the possibility of such damages.
Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Services will not exceed the amount you paid to Kwetu in the twelve (12) months preceding the event giving rise to the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless Kwetu, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:
10. General Provisions
10.1. Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and/or through a notification in the Service. Your continued use of the Services after such a change constitutes your acceptance of the new Terms.
10.2. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in England.
10.3. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
10.4. Entire Agreement: These Terms, together with our Privacy Policy and any other documents explicitly incorporated by reference, constitute the entire agreement between you and Kwetu regarding the use of the Services.
11. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Kwetu Limited
Email: support@kwetu.co.uk
Website: www.kwetu.co.uk
Address: England, UK