Terms of service

1. The Service

Hafsage CRM is a customer relationship management tool built on the WhatsApp Business Platform. It lets your team manage WhatsApp conversations in a shared inbox, organise contacts and sales pipelines, set follow-up tasks and reminders, send approved message templates and view reports (the “Service”). Features differ by plan, as described on our pricing page or in your order.

2. Accounts

• The Service is for business use. You must be at least 18 and able to enter into a binding contract.
• You must give accurate information and keep it up to date.
• You are responsible for your team members’ use of the Service and for keeping login details secure. Tell us promptly if you suspect unauthorised access.
• The account owner controls the account, including team members’ access levels.

3. WhatsApp Business Platform and Meta

• The Service connects to Meta’s WhatsApp Business Platform. You must create or connect your own WhatsApp Business Account and comply with the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy and any other Meta terms that apply to you.
• Your WhatsApp Business Account, phone numbers and message templates remain yours.
• Meta charges for messages under its own pricing. Unless we agree otherwise in writing, you pay these charges directly to Meta, and we do not add a markup.
• Meta may approve or reject templates, limit messaging, or restrict or ban phone numbers or accounts at its own discretion. We do not control these decisions and are not liable for them, but we will help you understand and respond to them where we can.

4. Acceptable use

You must not use the Service to:

• send messages to people who have not agreed to receive them, or keep messaging people who have opted out;
• send spam, chain messages, or misleading, fraudulent or deceptive content;
• use personal data for direct marketing without meeting the requirements of section 37 of the Data Protection Act, 2019, including consent and a simple way to opt out;
• send unlawful, abusive, hateful, sexually explicit or defamatory content;
• promote goods or services that WhatsApp’s Commerce Policy prohibits;
• infringe anyone’s intellectual property or privacy rights;
• try to break, overload, reverse engineer or gain unauthorised access to the Service or other customers’ data; or
• resell or give third parties access to the Service without our written consent.

5. Your data

• You own the contacts, conversations and other content you put into or receive through the Service (“Customer Data”). You give us permission to process it only to provide, secure and support the Service.
• For Customer Data, you are the data controller and we are your data processor under Kenya’s Data Protection Act, 2019. The data processing terms in section 6 apply.
• You are responsible for having a lawful basis, such as consent, to collect your customers’ data and message them, and for giving them any required privacy notice.
• Our privacy policy explains how we handle personal data.

6. Data processing terms

When we process Customer Data on your behalf, we will:

• process it only on your documented instructions, including through your use of the Service;
• ensure that our staff with access to it are bound by confidentiality;
• keep appropriate technical and organisational security measures in place;
• use sub-processors only under written contracts with equivalent protections, and tell you on request who they are;
• transfer it outside Kenya only with the safeguards the Act requires;
• help you respond to requests from data subjects and to meet your obligations under the Act;
• notify you within 48 hours of becoming aware of a personal data breach affecting Customer Data; and
• delete or return Customer Data when our agreement ends, as described in section 10.

7. Fees and payment

• Subscription fees are in Kenya shillings, payable monthly or annually in advance, as shown on our pricing page or in your order. Prices exclude VAT, which we add where applicable.
• You can pay by M-Pesa, bank transfer or card.
• Setup and onboarding fees are one-off and are payable before work starts.
• If a payment is more than 7 days late, we may suspend the Service after giving you notice. We will restore access once payment is received.
• We may change our prices by giving you at least 30 days’ notice. New prices apply from your next billing period.

8. Trials and pilots

We may offer a free trial or pilot. Unless we agree otherwise in writing, a trial or pilot ends on the agreed date. You can then choose a paid plan or close your account.

9. Cancellation and refunds

• You can cancel at any time from your account or by emailing hello@hafsage.com. Cancellation takes effect at the end of your current billing period.
• Fees already paid are not refundable, except where the law requires a refund or we agree otherwise in writing. Setup fees are not refundable once setup work has started.

10. Suspension, termination and your data

• We may suspend or close your account if you seriously breach these terms, including the acceptable use rules, if required by law or by Meta, or to protect the Service or other customers. Where reasonable, we will give you notice and a chance to fix the problem first.
• After your account closes, you have 30 days to ask us for an export of your Customer Data. We then delete Customer Data within 90 days, except where the law requires us to keep it.

11. Third-party services

The Service works with third-party services such as Meta (WhatsApp), payment providers and, if you choose, AI providers. Your use of those services is governed by their own terms. We are not responsible for them, though we choose and monitor our own providers carefully.

12. Intellectual property

We own the Service, our software, brand and content, except for third-party and open-source components, which are used under their own licences. These terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription. If you send us feedback, we may use it without any obligation to you.

13. Availability and support

We work to keep the Service available and secure, but we do not promise it will be uninterrupted or error-free. We provide support by email and WhatsApp during Kenyan business hours. Any specific service levels must be agreed in writing.

14. Disclaimers

Except as these terms expressly state, the Service is provided “as is”. To the extent the law allows, we exclude all implied warranties. We do not guarantee any particular sales or business results.

15. Limitation of liability

• To the extent the law allows, neither party is liable for indirect or consequential losses, or for loss of profits, revenue, goodwill or data.
• Our total liability under these terms in any 12-month period is limited to the fees you paid us for the Service in that period.
• Nothing in these terms limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

16. Indemnity

You agree to compensate us for claims, fines and reasonable costs arising from your Customer Data, your messages, or your breach of these terms or of applicable law, including Meta’s policies and the Data Protection Act, 2019.

17. Governing law and disputes

These terms are governed by the laws of Kenya. If a dispute arises, we will first try to resolve it through good-faith discussion. If it is not resolved within 30 days, either party may refer it to the courts of Kenya.

18. Changes to these terms

We may update these terms. We will post the new version here and, for significant changes, notify account owners by email at least 30 days before they take effect. If you continue using the Service after that, you accept the updated terms.

19. Contact

HAFSAGE LIMITED
Cardinal Otunga Plaza 5th Floor, Kaunda Street, Nairobi, Kenya
Email: hello@hafsage.com
Phone: +254 701 838 802