Terms and Conditions

4.1 Phone Number Authentication

• Account registration requires a valid phone number
• You will receive an SMS verification code (OTP) to confirm your identity
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access to your account

4.2 Account Information

• You must provide accurate, current, and complete information
• You must update your information promptly if it changes
• You are responsible for all activities that occur under your account

4.3 One Account Per User

• Each user may maintain only one active account
• Creating multiple accounts may result in termination of all accounts

5.1 AIDA AI Platform

tkana provides AI-powered automation services including:

• Automated customer service responses
• AI-generated message suggestions
• Conversation routing and management
• Template-based messaging

5.2 Mobile Application

Our mobile app provides:

• Push notifications for new messages
• Conversation management on-the-go
• Template sending capabilities
• Customer context and history

5.3 WhatsApp Business Integration

• Our Services integrate with WhatsApp Business API
• You must comply with WhatsApp's Terms of Service and Business Policy
• We are not responsible for WhatsApp's service availability or policy changes

6.1 Permitted Uses

You may use our Services to:

• Engage with your customers professionally
• Send business-related messages and notifications
• Manage customer relationships and conversations
• Use templates for efficient communication

6.2 Prohibited Uses

You must NOT use our Services to:

6.3 Content Standards

All content you send through our Services must:

• Be accurate and not misleading
• Comply with applicable advertising standards
• Respect the privacy and rights of recipients
• Include opt-out options for marketing messages

7.1 WhatsApp Business Policy Compliance

When using our WhatsApp integration, you must:

• Only message customers who have opted in to receive communications
• Respond to customer-initiated conversations within 24 hours
• Use approved message templates for outbound communications
• Include your business name in all messages
• Provide clear opt-out instructions

7.2 Template Usage

• Templates must be approved before use
• You may not modify approved templates in ways that change their meaning
• Templates must comply with WhatsApp's content policies

7.3 Message Frequency

• Do not send excessive messages to customers
• Respect customer preferences and opt-out requests
• Follow applicable anti-spam regulations

8.1 Subscription Plans

• tkana offers various subscription plans with different features and pricing
• Current pricing is available on our website at tkana.sa/pricing
• Prices are in Saudi Riyals (SAR) unless otherwise stated

8.2 Payment Terms

• Payment is due according to your selected billing cycle
• We accept major credit cards and bank transfers
• Failed payments may result in service suspension

8.3 Refunds

• Refund requests are handled on a case-by-case basis
• Contact support@tkana.sa for refund inquiries

8.4 Price Changes

• We may change our prices with 30 days' notice
• Price changes will not affect your current billing period

9.1 tkana's Rights

All content, features, and functionality of our Services are the exclusive property of tkana, including:

• Software, code, and algorithms
• User interface designs and graphics
• Trademarks, logos, and brand elements
• Documentation and marketing materials

9.2 Your Content

• You retain ownership of content you create or upload
• You grant tkana a license to use, store, and process your content to provide the Services
• You are responsible for ensuring you have rights to any content you upload

9.3 Feedback

Any suggestions, feedback, or ideas you provide about our Services become our property and may be used without compensation to you.

10.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, available at tkana.sa/privacy.

10.2 Data Processing

• We process data in accordance with Saudi Arabia's Personal Data Protection Law (PDPL)
• You are responsible for obtaining necessary consents from your customers
• You must not use our Services to process sensitive personal data without appropriate safeguards

10.3 Data Security

• We implement appropriate security measures to protect your data
• You must maintain the security of your account credentials
• Report any security incidents to security@tkana.sa immediately

11.1 Integrations

Our Services integrate with third-party services including:

• WhatsApp Business API (Meta)
• Authentication service providers
• Push notification service providers
• Cloud infrastructure providers

11.2 Third-Party Terms

• Your use of third-party services is subject to their respective terms
• We are not responsible for third-party service availability or performance
• Changes to third-party services may affect our Services

12.1 Uptime

• We strive to maintain high service availability
• We do not guarantee 100% uptime
• Scheduled maintenance will be announced in advance when possible

12.2 Modifications

• We may modify, suspend, or discontinue any part of the Services
• We will provide reasonable notice of significant changes
• Continued use after changes constitutes acceptance

12.3 Support

• Technical support is available via support@tkana.sa
• Support hours and response times depend on your subscription plan

13.1 Termination by You

• You may terminate your account at any time
• Contact support@tkana.sa to request account deletion
• Termination does not entitle you to refunds for unused subscription periods

13.2 Termination by tkana

We may suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Pose a security risk to our Services or other users

13.3 Effect of Termination

Upon termination:

• Your access to the Services will be disabled
• Your data may be deleted after a retention period (see Privacy Policy)
• Provisions that should survive termination will remain in effect

14.1 "As Is" Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement
• Accuracy, completeness, or reliability of content
• Uninterrupted or error-free operation

14.2 AI Services Disclaimer

• AI-generated content may contain errors or inaccuracies
• You are responsible for reviewing automated responses
• AI suggestions should not replace professional judgment

14.3 Third-Party Content

We are not responsible for content or actions of third parties, including your customers and WhatsApp.

15.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TKANA SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from service interruptions or data loss
• Damages exceeding the fees paid by you in the 12 months preceding the claim

15.2 Essential Purpose

These limitations apply even if remedies fail their essential purpose and regardless of the legal theory of liability.

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.

17.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Riyadh, Kingdom of Saudi Arabia.

17.3 Language

In case of any conflict between the Arabic and English versions of these Terms, the Arabic version shall prevail.

18.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@tkana.sa to attempt to resolve any dispute informally within 30 days.

18.2 Formal Proceedings

If informal resolution fails, disputes will be resolved through the courts as specified in Section 17.

20.1 Changes

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website.

20.2 Notification

We will notify you of material changes via:

• Email to your registered address
• In-app notification
• Notice on our website

20.3 Acceptance

Continued use of the Services after changes constitutes acceptance of the modified Terms.

21.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and tkana.

21.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

21.3 Waiver

Our failure to enforce any right does not constitute a waiver of that right.

21.4 Assignment

You may not assign these Terms without our consent. We may assign our rights freely.

21.5 Force Majeure

We are not liable for failures due to circumstances beyond our reasonable control.