Effective Date: November 13, 2025
These Terms of Service form a legally binding agreement between you and Kula Inc. governing your access to and use of our website, software, applications, and tools. By accessing or using the Services, you agree to these Terms. If you do not agree, you must stop using the Services immediately.
You may use the Services only if you are of legal age in your jurisdiction and capable of entering into binding contracts. You represent and warrant that you have the authority to bind the entity you are acting on behalf of. You agree to comply with all applicable laws and regulations including data protection, privacy, consumer protection, export control, and anti spam laws. You are responsible for ensuring that any personal data relating to your customers or end users that you submit to the Services is collected and processed in compliance with data protection laws. If you use the Services in connection with WhatsApp or any messaging channel, you are responsible for obtaining required consent or lawful basis to contact your end users.
To use certain features, you may be required to create an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify Kula promptly of any unauthorized access or security breach. We may suspend or terminate your account if we believe you have violated these Terms or applicable law.
If you use a paid plan, you agree to pay all fees associated with your subscription. Fees are non refundable except where required by law or explicitly stated otherwise. We may modify pricing or features with notice. Failure to pay may result in suspension or termination.
User Content includes all text, files, images, data, audio, or materials you upload or transmit. You retain ownership of your User Content. By submitting User Content, you grant Kula a worldwide, non exclusive, royalty free license to use, reproduce, modify, adapt, and display the User Content as necessary to operate the Services. Kula may use aggregated or anonymized information derived from User Content to improve the Services, provided it does not identify you or your end users. For WhatsApp content, Kula uses message text and metadata only to provide the Services including classification, triage, and AI drafting. Kula will not use WhatsApp message content or metadata for advertising or unrelated marketing and will not disclose such content except where required by law. You represent and warrant that you have all rights necessary to provide User Content and that it does not violate laws or third party rights.
If you connect a WhatsApp Business account, you agree to comply with all WhatsApp Business terms including rules for message templates, opt in, permitted use cases, and prohibited content. You must not use the Services to send unsolicited, unlawful, or harmful messages. Kula may suspend or terminate WhatsApp related features if your use violates WhatsApp policies, these Terms, or applicable law.
You agree not to use the Services to violate laws or third party rights, transmit spam or unsolicited messages, collect personal information without proper authorization, interfere with the Services, attempt to gain unauthorized access, resell or transfer the Services without permission, or reverse engineer the Services. You are responsible for the accuracy and legality of all data you provide.
Kula and its licensors retain ownership of all rights in the Services. You are granted a limited, non exclusive, non transferable, revocable license to use the Services in accordance with these Terms.
Where Kula processes personal data on your behalf, you act as Data Controller and Kula acts as Data Processor under applicable data protection laws. The Data Processing Addendum is incorporated into these Terms.
The Services are provided "as is" and "as available". Kula disclaims all warranties including merchantability, fitness for a particular purpose, accuracy, and non infringement. Kula is not liable for indirect, incidental, special, consequential, or exemplary damages including lost profits or loss of data. To the extent permitted by law, Kula's total liability under these Terms will not exceed the fees paid by you in the six months prior to the claim or one hundred USD, whichever is lower.
Either party may terminate these Terms at any time. Upon termination, your right to use the Services ends immediately. Sections on intellectual property, disclaimers, liability, and User Content survive termination.
These Terms are governed by the laws of the jurisdiction where Kula is incorporated. Any legal action must be brought in the courts of that jurisdiction.
Kula may modify these Terms. If material changes are made, we will notify you. Continued use of the Services after revisions constitute acceptance.
These Terms and Kula's published policies constitute the entire agreement between you and Kula. If any provision is held invalid, the remaining provisions remain enforceable.