Terms of service

These proposed terms are between Nexus Kyota Ai Limited, a company in Kenya operating as Kyota, and the business organization using our services. In this document, “Kyota”, “we” and “us” refer to that company; “you” refers to the customer organization and its authorized users.

Our services include the Kyota application and any messaging, campaign, contact-management, AI-assistant or related services included in your agreed plan or service order. A signed service agreement or order takes priority if it expressly changes these terms.

These terms are a draft for review and have no effective date. Viewing this page or signing in does not constitute acceptance of this draft.

You must have authority to act for the organization you register. Provide accurate account information, keep it current and protect your sign-in credentials.

Your organization is responsible for the access it gives its users and assistants, and for activities performed through its accounts. Grant only the access needed for each task and notify us promptly if you suspect unauthorized use.

Creating an organization does not automatically connect third-party accounts or authorize an assistant to use them. Review each integration and its permissions separately.

Subject to your agreed plan and these terms, we grant your organization a limited, non-exclusive and non-transferable right to use the services for its business operations. Kyota and its licensors retain ownership of the software, branding and other service materials.

Do not resell access without our written permission, bypass usage or access controls, disrupt the service, introduce malicious code, impersonate another person or use the service for unlawful activity. Do not attempt to obtain data or permissions you are not entitled to access.

Nothing in these terms restricts rights that applicable law does not allow us to restrict.

You are responsible for the accuracy, lawfulness and suitability of the messages, templates, audience lists and campaigns you use. Keep evidence of the permissions or other lawful basis required for contacting people, honor opt-outs and comply with the relevant messaging-provider rules.

Do not upload contact details you are not authorized to use, send deceptive or unsolicited communications, or bypass provider restrictions. Review recipients and content before approving a campaign or enabling automation.

A template or campaign appearing in Kyota is not a guarantee that a provider will approve, deliver or display it. Approval, delivery, availability and charges can depend on the provider and the recipient.

AI-generated content can be incomplete or incorrect. Review outputs and proposed actions in context before relying on them, especially where a mistake could materially affect a customer or your business.

You control the permissions you grant and are responsible for the instructions, approvals and automation settings you choose. Access to an integration does not remove any approval requirement shown by the service.

We do not promise a particular sales result, lead quality or business outcome. AI output is not a substitute for professional advice where that advice is required.

Services such as WhatsApp, Meta, Google, Microsoft and identity providers have their own terms, policies and permissions. You remain responsible for the accounts you connect and for compliance with those requirements.

Providers may change or withdraw features, permissions, pricing or access. We cannot guarantee continuous availability of a third-party service. A disconnected integration can limit sending or other actions while available saved records remain readable.

Disconnecting an integration in Kyota does not necessarily close your provider account, cancel a provider subscription or erase data held by that provider.

You retain your rights in the data and content you provide. You authorize us to process that material as needed to operate the agreed services and carry out your lawful instructions.

For customer information handled on your behalf, your organization determines the purpose and lawful basis of processing; Kyota processes it according to the agreed service and data-processing terms. Each party remains responsible for the data-protection obligations that apply to it.

Our published Privacy Policy and Data Processing Agreement describes the processing relationship. Do not upload sensitive information unless you are authorized to do so and the agreed service supports that use. Contact us about data access, return or deletion requests.

Any fees, billing period, usage limits, renewal arrangement, taxes and refund terms must be set out in the plan, order or service agreement you agree with us. This draft does not set a price or authorize a charge.

Automatic renewal applies only if it is expressly included in your agreed commercial terms. Third-party messaging or integration charges may be payable separately under the relevant provider agreement.

If an amount is disputed, contact us promptly with the relevant invoice and details. Any suspension for non-payment must follow the agreed payment terms and applicable law.

We aim to operate the services with reasonable care and skill. Unless a service agreement says otherwise, we do not promise uninterrupted operation, a particular response time or that every error will be corrected within a fixed period.

Maintenance, connectivity problems, provider changes and security incidents can affect availability. Keep copies of information your organization needs for its own continuity.

We may improve or change the service. Where a change materially affects an agreed service, we will provide reasonable notice where practicable. Mandatory legal rights and any express service-level commitments remain unaffected.

We may restrict access where reasonably necessary to address unlawful use, a material breach, a credible security risk or a provider requirement. Where practical, we will explain the issue and give you an opportunity to address it.

You can contact us to end service in accordance with your agreed plan or service agreement. Ending service does not erase amounts already owed or reverse charges incurred with third-party providers.

Before closure, contact us to arrange the handling of your data under the applicable privacy, data-processing and retention terms. We will not retain or delete data contrary to applicable legal obligations.

Each party is responsible for its own breach of these terms and for complying with applicable law. Kyota is not responsible for business decisions made using AI outputs, unlawful customer communications, or failures of independent third-party providers to the extent those events are outside Kyota’s reasonable control.

As a proposed commercial allocation of risk, neither party is liable to the other for indirect or consequential losses, lost profits or lost business opportunities arising from the service. The proposed total liability of either party is capped at the fees paid or payable for the affected services during the twelve months before the event giving rise to the claim.

These proposed limits do not apply to fraud, deliberate misconduct, unpaid agreed fees or liability that cannot lawfully be excluded or limited. A signed service agreement may provide different limits. This section requires commercial and legal review before adoption.

Please contact us first so we can try to resolve a concern promptly. These proposed terms are governed by the laws of Kenya, and disputes that cannot be resolved by agreement are subject to the courts of Kenya, except where mandatory law requires otherwise.

No clause prevents a person from exercising a non-waivable right or contacting a regulator with jurisdiction. If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law.

Before these terms take effect, we will identify the effective version and the method of acceptance. This draft does not introduce an acceptance requirement into the existing sign-in or organization-creation flow.

After adoption, material changes will be communicated with their proposed effective date. Changes apply prospectively unless applicable law or a separate agreement requires otherwise.

For questions about these proposed terms, account access or service arrangements, contact Nexus Kyota Ai Limited at the email below.