Terms of Use

1. Agreement to Terms

By accessing or using Timi, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, do not use the service.

You represent that you are at least 18 years old and have the authority to enter into this agreement on behalf of your business.

2. The Service

Timi is an AI-powered WhatsApp assistant for Kenyan businesses. The service includes:

• Automated AI responses to customer WhatsApp messages in English, Swahili, and Sheng
• Lead qualification and conversation management
• Smart handoff to your personal WhatsApp when customers are ready to purchase
• Optional automated follow-up messages (nudges) during business hours
• Live conversation feed and dashboard
• Integration with your WhatsApp Business Account via Meta Embedded Signup
• Automatic catalog sync from WhatsApp Business Platform (when enabled)

The service is subject to the availability and policies of third-party platforms including Meta WhatsApp Business API, Google Gemini AI, and Paystack.

3. Account Registration and Security

3.1 Account Creation

To use Timi, you must create an account with accurate information including your business name and email address. You agree to:

• Provide truthful, current, and complete information
• Maintain and update your information to keep it accurate
• Use your real business identity
• Not create multiple accounts for the same business
• Not impersonate others or misrepresent your affiliation

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

• Use a strong password
• Not share your login credentials with others
• Notify us immediately at [email protected] if you suspect unauthorized access
• Accept responsibility for all activity under your account

3.3 WhatsApp Business Account

To use Timi, you must connect a valid WhatsApp Business Account. You represent that:

• You own or have authorization to use the WhatsApp Business Account
• Your WhatsApp Business Account complies with Meta's terms and policies
• You will maintain your WhatsApp Business Account in good standing

4. Subscription and Billing

4.1 Pricing

Timi charges a monthly subscription fee of KES 2,900 per month. This fee covers access to all Timi features including AI responses, handoff, follow-ups, dashboard, and your customer wa.me link.

Important: The Timi subscription is separate from WhatsApp Business Platform messaging fees. Meta charges separately for WhatsApp message delivery according to their pricing. Timi does not control, markup, or receive any portion of Meta's fees. You are responsible for paying Meta's charges directly.

4.2 Payment Processing

Payments are processed by Paystack. You authorize Timi to charge your selected payment method through Paystack on a recurring monthly basis. Paystack's terms and privacy policy apply to payment processing.

4.3 Billing Cycle and Auto-Renewal

Your subscription automatically renews each month on the anniversary of your signup date unless you cancel. You will be charged at the beginning of each billing cycle.

4.4 Price Changes

We may change our pricing with 30 days advance notice. Notice will be sent to your registered email address and displayed in your dashboard. Price changes apply to renewals after the notice period. If you do not agree to a price increase, you may cancel your subscription before it renews at the new price.

4.5 Failed Payments

If payment fails, we will attempt to process payment again. Your subscription may be suspended if payment remains unsuccessful. During suspension, AI responses and dashboard access will be limited, but you will not lose your data. Your account will be fully restored once payment is successful.

4.6 Refunds

We do not offer pro-rated refunds for partial months. If you cancel, you will retain access to the service until the end of your current billing period. No refunds will be issued for the current billing cycle.

4.7 Cancellation

You may cancel your subscription at any time from your dashboard. Cancellation stops future charges immediately. You retain full access to the service until the end of your current paid period.

5. Acceptable Use Policy

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

5.1 Prohibited Content and Activities

• Send spam, unsolicited messages, or bulk messages to users who have not opted in
• Sell or promote illegal products or services (drugs, weapons, counterfeit goods, etc.)
• Make fraudulent, false, or misleading claims about your products or services
• Engage in harassment, hate speech, discrimination, or threats
• Violate Meta's WhatsApp Business Policies or Commerce Policies
• Collect or harvest customer data for purposes other than your legitimate business
• Impersonate others or misrepresent your business identity
• Distribute malware, viruses, or harmful code

5.2 Technical Restrictions

• Reverse engineer, decompile, or attempt to extract source code
• Access or use the service through automated means (bots, scrapers) except through provided APIs
• Attempt to circumvent security measures or access controls
• Interfere with or disrupt the service or servers
• Use the service to compete with Timi or build a similar product
• Resell, sublicense, or redistribute the service without written permission

5.3 Consequences of Violation

Violation of this Acceptable Use Policy may result in:

• Warning and request to cease the violating activity
• Temporary suspension of your account
• Permanent termination of your account without refund
• Legal action if required to protect Timi, our users, or comply with law

6. Your Content and Data

6.1 Your Content

You retain ownership of all content you provide to Timi, including your business profile, product descriptions, catalog data, and conversation messages. You are solely responsible for the accuracy, legality, and appropriateness of your content.

6.2 License to Timi

By using the service, you grant Timi a limited, non-exclusive license to use, process, store, and transmit your content solely to provide and improve the service. This includes processing your content through third-party AI services (Gemini) and messaging platforms (WhatsApp).

6.3 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to all content you provide
• Your content does not infringe any third-party intellectual property rights
• Your products and services comply with Kenyan law
• Your business practices comply with consumer protection laws
• You have authority to bind your business to this agreement

6.4 Customer Data

You are responsible for how you use and protect customer data obtained through the service. You must comply with applicable data protection laws, including obtaining necessary consents from your customers.

7. Intellectual Property

7.1 Timi Intellectual Property

Timi and all related trademarks, logos, service marks, trade names, and intellectual property are owned by Timi Labs. The service, including its code, design, functionality, and documentation, is protected by copyright and other intellectual property laws.

7.2 Restrictions

You may not:

• Use Timi trademarks without written permission
• Copy, modify, or create derivative works of the service
• Remove or alter any copyright, trademark, or proprietary notices
• Use the service to build a competing product

8. AI and Automation Disclaimers

Timi uses artificial intelligence (Gemini AI) to generate responses to customer messages. You acknowledge and agree that:

• AI responses may be inaccurate: AI-generated responses can be wrong, incomplete, nonsensical, or inappropriate. You should monitor conversations and intervene when necessary.
• You remain responsible: You are solely responsible for all commitments, promises, prices, and terms communicated to your customers, whether by AI or by you. Timi is not liable for AI errors or misunderstandings.
• No guarantee of results: We do not guarantee that the AI will qualify leads accurately, increase sales, or achieve specific business outcomes. Lead conversion depends on many factors outside our control.
• Review recommended: We recommend reviewing AI conversations regularly, especially for high-value products or sensitive customer situations.
• Bot control: You can pause the AI bot for specific conversations from your dashboard to take over manually.

9. Third-Party Services

Timi relies on third-party services to operate:

9.1 Meta WhatsApp Business Platform

Your use of WhatsApp through Timi is governed by Meta's WhatsApp Business Terms and policies. You are responsible for compliance with Meta's rules. Timi is not responsible if Meta suspends or terminates your WhatsApp Business Account.

9.2 Paystack

Payment processing is governed by Paystack's terms. Timi is not responsible for payment processing errors or disputes handled by Paystack.

9.3 Service Disruptions

The service may be interrupted due to third-party outages (WhatsApp, Google, Railway, etc.). Timi is not liable for disruptions caused by third-party service failures.

10. Disclaimers and Warranties

10.1 Service Provided "As Is"

TIMI IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or reliability of AI responses
• Warranties that defects will be corrected

10.2 No Guarantee of Uptime

We do not guarantee that the service will be available 100% of the time. The service may be unavailable due to maintenance, updates, or technical issues.

10.3 Beta Features

Features marked as beta, experimental, or in development are provided without warranty and may not function as expected. We may modify or discontinue beta features at any time.

10.4 Data Backups

While we maintain backups, you are responsible for maintaining your own backups of critical business data. We are not liable for data loss.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Cap on Damages

TIMI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO TIMI IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.2 Excluded Damages

TIMI SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, lost revenue, or lost sales
• Loss of business opportunities or customer goodwill
• Reputational harm or damage to brand
• Cost of substitute services
• Data loss or corruption
• AI errors, misunderstandings, or inappropriate responses
• WhatsApp account suspension or termination by Meta

11.3 Basis of the Bargain

These limitations apply even if Timi has been advised of the possibility of such damages. These limitations are fundamental elements of the agreement between you and Timi.

12. Indemnification

You agree to indemnify, defend, and hold harmless Timi Labs, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use or misuse of the service
• Your content, products, or services
• Your violation of these Terms of Use
• Your violation of any third-party rights, including intellectual property rights
• Your violation of WhatsApp policies leading to account restrictions or bans
• Disputes between you and your customers regarding products, services, or transactions
• Your violation of any laws or regulations

13. Termination

13.1 Termination by You

You may cancel your subscription at any time from your dashboard. You will retain access until the end of your current billing period.

13.2 Termination by Timi

We may suspend or terminate your account immediately if:

• You violate these Terms of Use or our Acceptable Use Policy
• Your use poses a security or legal risk to Timi or other users
• You engage in illegal activity
• Your WhatsApp Business Account is suspended or terminated by Meta
• Payment fails and you do not update payment information

We may also terminate for convenience with 30 days notice to your registered email.

13.3 Effect of Termination

Upon termination:

• Your access to the service will cease
• You will have 30 days to export your data by contacting [email protected]
• After 30 days, your data may be deleted or anonymized (except billing records retained for tax compliance)
• No refunds will be issued for the current billing period
• Sections of these terms that by their nature should survive (liability, indemnification, disputes) will remain in effect

14. Dispute Resolution and Governing Law

14.1 Governing Law

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

14.2 Jurisdiction

Any disputes arising from or relating to these terms or the service shall be resolved in the courts of Nairobi, Kenya. You consent to the exclusive jurisdiction of these courts.

14.3 Informal Resolution

Before filing any legal action, we encourage you to contact [email protected] to attempt to resolve the dispute informally. Many disputes can be resolved through good-faith discussion.

15. General Provisions

15.1 Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Timi Labs regarding the service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these terms is found to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

15.3 No Waiver

Our failure to enforce any right or provision of these terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Timi.

15.4 Assignment

You may not assign or transfer these terms or your account without our prior written consent. We may assign these terms without restriction.

15.5 Language

These terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

16. Changes to These Terms

We may update these Terms of Use from time to time to reflect changes in our service, legal requirements, or business practices. When we make material changes:

• We will update the "Last updated" date at the top of this page
• We will notify you by email to your registered address at least 30 days before the changes take effect
• We will display a notice in your dashboard

Your continued use of the service after the effective date of the updated terms constitutes acceptance. If you do not agree to the updated terms, you may cancel your subscription before they take effect.

17. Contact and Support

For questions about these Terms of Use or the service:

Email: [email protected]
Company: Timi Labs
Jurisdiction: Kenya

For general product questions, see the FAQ page.

For information about how we handle your data, see our Privacy Policy.