Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (or the organisation you represent, "Customer") and Kamunic8 ("we", "us", or "our"), a company incorporated in South Africa. These Terms govern your access to and use of the Kamunic8 software platform, AI voice services, WhatsApp Business management tools, and related services (collectively, the "Service").

By clicking "Accept", creating an account, or using the Service, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy, which is incorporated by reference.

2. Eligibility

To use Kamunic8, you must:

• Be at least 18 years of age
• Have the legal authority to enter into contracts on behalf of your organisation
• Use the Service for lawful business purposes only
• Not be located in a jurisdiction where access to the Service is prohibited by applicable law

3. Service Description

Kamunic8 provides a cloud-based communication platform designed for call centres and customer-facing businesses in Africa. The Service includes:

• AI Voice Calls — automated AI agents that answer inbound calls, book appointments, handle FAQs, and escalate to human agents
• WhatsApp Business — unified inbox, automated replies, and broadcast campaign management via the WhatsApp Business API
• Live Dashboard — real-time analytics, agent scorecards, live call monitoring, and silent listen / whisper coaching
• Broadcast Campaigns — WhatsApp message campaigns to segmented customer lists
• Reporting and Analytics — historical performance data, CSAT scoring, and call transcripts

The Service is provided on an "as-is" basis and may be updated, modified, or extended at our discretion. We will provide reasonable notice of material changes.

4. Account Registration

You must provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@kamunic8.com if you suspect unauthorised access.

You may not share account credentials across multiple organisations. Each organisation requires its own account. We reserve the right to terminate accounts found to be sharing access in violation of this clause.

5. Plans, Pricing, and Payment

5.1 Subscription Plans

Kamunic8 offers subscription plans as described on our Pricing page. Plan details, including call allowances, feature access, and agent limits, are set out at the time of purchase and may change with 30 days' notice.

5.2 Billing

Subscriptions are billed monthly or annually in advance, depending on your chosen billing cycle. Payments are processed via our payment providers. By providing payment details, you authorise us to charge the applicable fees on each renewal date.

5.3 Refunds

Monthly subscriptions are non-refundable once the billing cycle has commenced. Annual subscriptions may be refunded on a pro-rata basis within 14 days of initial purchase if you have not exceeded 500 AI call minutes. After 14 days, annual fees are non-refundable.

5.4 Taxes

All prices are exclusive of applicable taxes, including Value-Added Tax (VAT) where applicable. You are responsible for any taxes applicable in your jurisdiction.

6. Acceptable Use

You agree not to use the Service to:

• Send unsolicited communications (spam) to individuals who have not opted in to receive them
• Impersonate any person or entity, or misrepresent your affiliation
• Conduct automated outbound dialling campaigns (robocalling) without appropriate consent and legal authority in the target jurisdiction
• Collect, process, or store personal information in violation of POPIA or any applicable privacy law
• Circumvent, disable, or interfere with security features of the platform
• Attempt to access another customer's data or account
• Use the Service to harass, threaten, or defraud callers or message recipients
• Violate any applicable law, regulation, or third-party rights
• Resell or sublicense access to the Service without our prior written consent

We reserve the right to suspend or terminate your account immediately if we determine, in our reasonable judgement, that you have violated this section.

7. AI Voice Services

7.1 Your Responsibilities for AI Calls

You are solely responsible for the content, accuracy, and legality of the AI agent scripts, prompts, and responses you configure. You must ensure that:

• All callers are informed that they are speaking with an AI agent where required by law
• Call recording disclosures are made to callers where required by applicable legislation
• Your use of AI call services complies with telecommunications regulations in the countries where you operate
• Escalation paths to human agents are configured and functional

7.2 Third-Party Telephony

AI voice services are delivered via Twilio and VAPI. Your use of these features is also subject to Twilio's Terms of Service and VAPI's Terms of Service. Kamunic8 is not liable for service interruptions or limitations caused by these providers.

7.3 Call Quality

AI call quality, including response accuracy and latency, may vary based on network conditions, call volume, and model performance. We do not guarantee a specific pick-up time, accuracy rate, or uptime for AI voice services beyond what is set out in an applicable Service Level Agreement.

8. WhatsApp Business Compliance

Your use of WhatsApp Business features through Kamunic8 is subject to WhatsApp Business Terms of Service and Meta's Messaging Policy. You must:

• Only send messages to recipients who have opted in to receive communications from your business
• Honour opt-out requests promptly
• Not use the WhatsApp channel for prohibited content categories as defined by Meta
• Maintain message quality ratings within Meta's acceptable thresholds

Kamunic8 is not liable for suspension of your WhatsApp Business Account by Meta due to policy violations originating from your account.

9. Data, Privacy, and Customer Data

Our collection and use of your personal information is governed by our Privacy Policy. With respect to personal information you ask us to process on behalf of your customers ("Customer Data"):

• You remain the responsible party for Customer Data under POPIA
• Kamunic8 processes Customer Data solely on your documented instructions
• You warrant that you have the legal authority and, where required, the consent of data subjects to process Customer Data through our platform
• You may request deletion of Customer Data at any time through the dashboard or by contacting us

10. Intellectual Property

Kamunic8 and its licensors own all rights, title, and interest in the Service, including all software, trademarks, logos, AI models, and content. These Terms do not grant you any rights in our intellectual property beyond the limited licence to use the Service as described herein.

You retain all rights to your own data, scripts, and content uploaded to the platform. You grant Kamunic8 a limited licence to process and store this content solely to provide the Service to you.

11. Confidentiality

Each party agrees to keep the other's confidential information strictly confidential and not to disclose it to any third party without prior written consent, except as required by law or as necessary to provide the Service. This obligation survives termination of these Terms for a period of three (3) years.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, Kamunic8 disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses; that AI-generated responses will be accurate or complete; or that the Service will meet your specific business requirements.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Kamunic8 and its directors, employees, and affiliates shall not be liable for:

• Indirect, incidental, special, punitive, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from AI call errors, missed calls, or incorrect responses generated by the AI agent
• Service interruptions caused by third-party providers (Twilio, VAPI, Meta, Google)

Our total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you in the three (3) months immediately preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify and hold harmless Kamunic8 and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and costs (including reasonable legal fees) arising out of:

• Your violation of these Terms or any applicable law or regulation
• Your use of the Service in a manner that harms a third party
• Your failure to obtain necessary consents for call recording or AI processing
• Content you configure or transmit through the platform

15. Term and Termination

15.1 Term

These Terms commence on the date you first create an account and continue until terminated by either party.

15.2 Termination by You

You may cancel your subscription at any time through your account dashboard or by contacting us. Cancellation takes effect at the end of your current billing period.

15.3 Termination by Us

We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees when due, or if we are required to do so by law. We may also terminate with 30 days' notice for any reason if we discontinue the Service.

15.4 Effect of Termination

Upon termination, your access to the Service ceases immediately. You may request an export of your data within 30 days of termination. After 30 days, we will delete your account data in accordance with our Privacy Policy.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa, without regard to its conflict of laws provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes in good faith through direct negotiation for a period of at least 30 days.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email and by posting a notice on our website at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription before the effective date.

18. General

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kamunic8 regarding the Service
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect
• Waiver: Failure to enforce any right does not constitute a waiver of that right
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets
• Force Majeure: Neither party is liable for delays or failures caused by events beyond their reasonable control

19. Contact Us

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

• Email: legal@kamunic8.com
• General: hello@kamunic8.com
• Location: South Africa