Terms of Service

1. Agreement to these terms

These Terms of Service (the “Terms”) are a legal agreement between The Mikaka Group Limited (trading as “Mikaka” and “Mikaka Voice”; “we”, “us”, or “our”), a company based in Nairobi, Kenya, and the individual or organisation that creates an account or uses our services (“you” or the “Customer”). By creating an account, or by accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

2. The Services

Mikaka provides software that answers and places phone calls and messages using AI agents, transcribes and summarises conversations, generates analytics and demand intelligence, and performs actions you configure (such as sending messages, booking appointments, updating connected systems, or transferring calls to a person). The Services include voice calling, SMS, and — where you connect an eligible WhatsApp Business account — WhatsApp messaging and calling (together, the “Services”). We may add, change, or remove features over time.

3. Eligibility & accounts

• You must be at least 18 years old and able to form a binding contract. The Services are for business use, not for personal or household use.
• You are responsible for the accuracy of your account information, for all activity under your account, and for keeping your credentials secure. Notify us promptly of any unauthorised use.
• You are responsible for your team members’ and end users’ compliance with these Terms.

4. Your responsibilities

Because Mikaka acts on your instructions, you are responsible for how you use it. You agree that:

• You have a lawful basis to call, message, and record the people you contact through the Services, and you have obtained all consents, opt-ins, and permissions that applicable law and the platforms you use require.
• You will provide any required notices and disclosures — including that communications may be handled by an automated (AI) system and may be transcribed — and honour opt-out and “stop” requests.
• For WhatsApp, you will obtain the required opt-in before messaging and the required permission before placing business-initiated calls, and you will comply with Meta’s WhatsApp Business Messaging Policy.
• You have the right to upload any knowledge-base content, contacts, and other materials you add, and to let us process them to provide the Services.
• You will comply with all applicable laws, including data-protection, consumer-protection, telemarketing, and telecommunications laws in the places you operate and contact people.

As between you and us, for personal data processed on your behalf you are the data controller and we are your data processor, as described in our Privacy Policy and any Data Processing Agreement.

5. Acceptable use

You may not use the Services to:

• Send unlawful, deceptive, fraudulent, harassing, or unsolicited communications (spam), or contact people without a lawful basis or required consent.
• Violate the rights of others, including privacy, publicity, and intellectual-property rights.
• Impersonate any person or misrepresent your identity or affiliation, or conceal that a communication is from your business.
• Transmit malware, attempt to gain unauthorised access to the Services or others’ data, or interfere with or overload the Services.
• Reverse engineer, resell, or use the Services to build a competing product, except to the extent this restriction is prohibited by law.
• Use the Services in a way that violates Meta’s or any carrier’s policies, or that could cause us to breach our agreements with them.

We may investigate suspected violations and take appropriate action, including removing content and suspending or terminating access.

6. WhatsApp & third-party platforms

WhatsApp messaging and calling are provided through Meta’s WhatsApp Business Platform. When you use those features, you also agree to comply with Meta’s applicable terms and policies, including the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy, and Meta’s Platform Terms and Developer Policies. Meta may change or discontinue its platform, and may impose eligibility, quality, throughput, permission, and messaging-tier requirements that affect the availability of WhatsApp features to you. We may suspend or limit WhatsApp features as needed to comply with Meta’s requirements or to protect your account’s standing. We are not responsible for the acts, omissions, or availability of Meta or any carrier.

7. Fees, wallet & billing

• You agree to pay the fees for the plan and usage you select. Some Services are billed from a prepaid wallet and consumed as you use them (for example, per minute of AI answering time or per message).
• Payments are handled by a third-party payment processor. Fees are exclusive of taxes unless stated, and you are responsible for applicable taxes.
• Except where required by law, fees and wallet top-ups are non-refundable. We may change pricing on a prospective basis with notice.
• If a payment fails or your balance is insufficient, we may suspend the affected Services until payment is made.

8. AI outputs & no professional advice

The Services use automated speech and large-language-model technology. AI-generated transcripts, summaries, and responses may be inaccurate or incomplete, and you should not rely on them as the sole basis for decisions that have legal, financial, medical, or safety consequences. You are responsible for reviewing and supervising the AI’s outputs and actions as appropriate for your use. The Services do not provide legal, medical, financial, or other professional advice.

9. Intellectual property

We and our licensors own the Services, including all software, models, and materials we provide, and all related intellectual-property rights. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription, subject to these Terms. You retain ownership of the content and data you provide (“Customer Content”), and you grant us a licence to host, process, and use it as needed to provide and improve the Services and to comply with law. If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them.

10. Your data & privacy

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. Where we process personal data on your behalf, the terms of any applicable Data Processing Agreement also apply. You are responsible for the lawfulness of the Customer Content and instructions you provide.

11. Third-party integrations

The Services may let you connect third-party products (such as a CRM, calendar, or email provider). Your use of those products is governed by their own terms, and we are not responsible for them. If you enable an integration, you authorise us to exchange data with it as needed to provide the feature you enabled.

12. Disclaimer of warranties

The Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that AI outputs will be accurate, to the maximum extent permitted by law.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services. Our total liability arising out of or relating to these Terms will not exceed the amounts you paid us for the Services in the three (3) months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnification

You will defend, indemnify, and hold us harmless from claims, damages, liabilities, and costs (including reasonable legal fees) arising out of your Customer Content, your use of the Services, your communications with third parties, or your breach of these Terms or of applicable law (including consent, recording, and messaging requirements).

15. Term, suspension & termination

These Terms apply while you use the Services. You may stop using the Services and close your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, create risk or legal exposure for us, or if required to comply with a third-party platform or the law. On termination, your right to use the Services ends; we will handle your data as described in our Privacy Policy. Provisions that by their nature should survive (including fees owed, intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

16. Changes to the Services & terms

We may update these Terms from time to time. We will post the updated version and update the “Last updated” date, and for material changes we will provide reasonable notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

17. Governing law & disputes

These Terms are governed by the laws of Kenya, without regard to conflict-of-laws rules. Subject to any mandatory rights you have under applicable law, the courts of Kenya will have jurisdiction over disputes arising out of or relating to these Terms, and the parties will first attempt to resolve any dispute in good faith.

18. General

These Terms, together with the Privacy Policy and any order or Data Processing Agreement, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be sent through the Services or to your account email.

19. Contact us

Questions about these Terms? Contact us at info@mikaka.io.

The Mikaka Group Limited · Nairobi, Kenya