Terms of Service

1. Agreement

By creating an account, accepting an invitation, or using the Service, you agree to these Terms. If you use the Service on behalf of a business or other organisation, you agree on its behalf, you confirm that you have the authority to do so, and “you” and “Customer” mean that organisation. If you do not agree, do not use the Service.

You must be at least 18 years old and able to form a binding contract to use the Service.

2. The service

Samaal gives businesses a shared inbox for customer conversations across connected channels (such as WhatsApp, Messenger, Instagram, Telegram, Viber, email and website chat), together with contacts, tasks, follow-ups, pipelines, records, automations and optional AI features. We provide the Service as described in the app at the time you use it.

3. Accounts and workspaces

• Give accurate registration information and keep it up to date.
• Keep your password confidential. You are responsible for all activity under your account and for activity in your workspace by people you invite.
• Tell us promptly at hello@kiel.mv if you suspect unauthorised access.
• The person who creates a workspace is its owner and controls who can access it, their roles, and the workspace’s settings and data. We may rely on instructions from a workspace’s owners and admins.

4. Your data

“Customer Data” means the content you and your end customers put into the Service, including messages, contacts, attachments, notes, tasks and records. You keep all rights to your Customer Data. You give us a limited licence to host, copy, process, transmit and display it only as needed to provide, secure and support the Service, and as described in the Privacy Policy.

You are responsible for Customer Data and for how you collect and use it. In particular, you must:

• Have a lawful basis, and any consents the law requires, to contact your end customers and to process their data in the Service, including with AI features.
• Give your end customers any privacy notices the law requires, including notice that you use service providers such as Samaal.
• Respond to requests from your end customers to access, correct or delete their data. The Service includes tools to export and erase a contact’s data.

For Customer Data, you are the controller and we act as your processor. We process it only on your instructions, which are given by your use and configuration of the Service, and in line with the Privacy Policy.

You can export your data while your account is active. After a workspace is closed, we delete its Customer Data within 90 days, except where we must keep it by law.

5. Acceptable use

You must not, and must not allow others to:

• Send spam or unsolicited bulk messages, or message people who have not agreed to hear from you where consent is required.
• Break any law, or the terms and policies of a connected platform. This includes the WhatsApp Business and Commerce Policies, Meta’s Platform Terms and Community Standards, and the Telegram, Viber, Google and Microsoft terms.
• Send unlawful, fraudulent, deceptive, harassing, hateful, sexually exploitative or infringing content, or content that promotes violence.
• Collect or process sensitive personal data, such as health or payment card data, unless the law permits it and you have appropriate safeguards.
• Upload malware, or try to probe, scan or test the Service’s vulnerabilities, or to break its security, authentication or workspace isolation, without our written permission.
• Access another workspace’s data, or try to get around plan limits, rate limits or usage controls.
• Reverse engineer the Service except where the law allows it, or resell or offer the Service to third parties without our written agreement.
• Use the Service to build a competing product, or scrape it by automated means other than our published APIs.

We may remove content or limit access to protect the Service, our users or third parties, or to comply with law or platform requirements.

6. Messaging channels and third-party services

Channels and integrations such as WhatsApp, Messenger, Instagram, Telegram, Viber, Gmail, Outlook and OpenAI are provided by third parties under their own terms. By connecting one, you agree to that provider’s terms and authorise us to exchange data with it for you.

• Providers may charge you directly. For example, WhatsApp conversation charges are billed by Meta to the payment method on your WhatsApp Business Account. Unless we agree otherwise in writing, you are responsible for these charges.
• Providers may change, limit, suspend or discontinue their services or APIs, or require approvals or agreements (for example Meta business verification, or a Viber commercial agreement). We are not responsible for third-party services, or for features that become unavailable because of them.
• Message delivery depends on third parties and recipients. We do not guarantee that any message will be delivered or read.

7. AI features

AI features generate summaries, classifications, suggestions and drafts automatically. They may be inaccurate, incomplete or inappropriate. Review AI output before you rely on it or send it to anyone. You are responsible for the messages you send and for any actions you take based on AI output. You can turn AI off for your workspace or for individual channels. Usage of platform-provided AI may be limited by your plan.

8. Plans, trials and fees

• New workspaces may start with a free trial. When the trial ends, the workspace moves to the plan and limits shown in the app, unless you choose a paid plan.
• Each plan has limits, for example on seats, channels, automations, record types and AI usage. If a workspace goes over a limit, some actions may be blocked until it is within the limit or upgrades. Your data is not deleted because of a limit.
• Fees for paid plans, and the billing period, are shown when you buy. Unless stated otherwise, fees are payable in advance, are non-refundable except where the law requires, and do not include taxes, which you are responsible for.
• We may change prices or plans with at least 30 days’ notice. Changes apply from your next billing period.
• If payment fails or is overdue, we may suspend paid features after giving notice.

9. Our intellectual property

The Service, including its software, design and documentation, belongs to Kiel and its licensors. Subject to these Terms, we give you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription. If you send us feedback, we may use it without any obligation to you.

10. Confidentiality

Each party will protect the other’s non-public information that it receives in connection with the Service, using reasonable care. It will use that information only to perform under these Terms, unless the information is or becomes public through no fault of the receiving party, or must be disclosed by law.

11. Availability and changes

We work to keep the Service available and secure, but it may sometimes be unavailable, for example during maintenance or because of events outside our control. We may change or improve the Service. If we remove a material feature you pay for, we will give reasonable notice.

12. Suspension and termination

• You can stop using the Service at any time, and ask us to close your workspace and delete your account by emailing hello@kiel.mv.
• We may suspend or end your access if you materially breach these Terms (including the acceptable use rules), if your use creates a security or legal risk, if a connected platform requires it, or if fees are unpaid. We will give notice where it is reasonable to do so.
• When access ends, your right to use the Service stops. Customer Data is handled as described in section 4. Sections 4, 9, 10 and 13 to 18 survive termination.

13. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, whether express or implied. This includes warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranty that the Service will be uninterrupted or error-free, or that any message or AI output will be accurate or delivered.

14. Limitation of liability

To the fullest extent the law allows:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility.
• Each party’s total liability arising out of or relating to these Terms is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim, and USD 100.

These limits do not apply to your payment obligations, to your obligations under the acceptable use rules and the indemnity, or to liability that cannot be limited by law.

15. Indemnity

You will defend and indemnify Kiel against third-party claims, and the resulting losses and reasonable costs, that arise from your Customer Data, from messages you send through the Service, or from your breach of these Terms or of any law or third-party platform terms.

16. Governing law and disputes

These Terms are governed by the laws of the Republic of Maldives. The courts of Malé have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service. Before starting proceedings, each party will first try in good faith to resolve the dispute by contacting the other. Nothing here takes away rights you have under mandatory consumer protection laws where you live.

17. General

• Changes to these Terms. We may update these Terms. We will post the new version here and, for material changes, notify account owners at least 30 days before they take effect. If you continue to use the Service after that, you accept the updated Terms.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the Service, unless we have signed a separate written agreement with you, which then takes precedence.
• Assignment. You may not transfer these Terms without our consent. We may transfer them to an affiliate or a successor.
• Force majeure. Neither party is responsible for delays caused by events beyond its reasonable control.
• Severability and waiver. If any provision can’t be enforced, the rest still applies. Not enforcing a provision is not a waiver.
• Notices. We may send notices to the email address on your account or show them in the app. Send notices to us at hello@kiel.mv.

18. Contact

Questions about these Terms: hello@kiel.mv.