Terms of Use

1. Definitions

For the purposes of these Terms: "Platform" means the software, websites, applications and APIs provided by KambaChat; "KambaChat" or "we" means the entity that operates the Platform, headquartered in Luanda, Angola; "User" or "you" means any natural or legal person who accesses or uses the Platform; "Seller" means a User who creates a store or sells products or services through the Platform; "User Content" means all content uploaded, published or transmitted by the User.

2. Acceptance and Changes to the Terms

2.1. By accessing or using the Platform, the User declares that they have read, understood and fully accepted these Terms of Use and the Privacy Policy, which constitute a legally binding agreement.

2.2. If you do not agree with any provision, you must immediately cease using the Platform.

2.3. KambaChat may change these Terms at any time. Material changes will be communicated by email or through the Platform at least 15 days in advance. Continued use after they take effect constitutes acceptance of the changes.

3. Description and Nature of the Service

3.1. KambaChat is a SaaS platform providing message automation tools, online store creation, Artificial Intelligence customer service, a marketplace and order management for businesses, with a focus on Angola.

3.2. KambaChat acts as the provider of a technological tool and, in the context of the marketplace, as a mere intermediary between Sellers and buyers. KambaChat is not a party to the transactions entered into between Users, does not sell, produce or hold the products or services advertised by Sellers, and does not guarantee their quality, legality, safety or delivery.

3.3. Responsibility for the accuracy of descriptions, for prices, for compliance with tax obligations and for the delivery of goods or services lies exclusively with the Seller.

4. Eligibility and Registration

4.1. The User must be at least 18 years of age or the legal age of majority applicable in their jurisdiction, and have the legal capacity to enter into contracts.

4.2. The User undertakes to provide true, accurate and up-to-date information and to keep it updated.

4.3. KambaChat may refuse, suspend or cancel registrations at its reasonable discretion, in particular in the event of false information or breach of these Terms.

5. Account, Credentials and Security

5.1. Each account is personal and non-transferable. Sharing credentials with third parties is not permitted.

5.2. The User is solely responsible for maintaining the confidentiality of their credentials and for all activities carried out through their account.

5.3. The User must immediately notify KambaChat of any unauthorized use or security breach of their account.

6. Plans, Prices, Payments and Renewal

6.1. The plans and respective prices are available on the pricing page. Payments by international card are charged in United States dollars (USD); payments by local methods are charged in Kwanzas (AOA).

6.2. Subscriptions are processed at the start of each billing period and, unless otherwise stated, renew automatically for successive equal periods until cancellation.

6.3. KambaChat may change prices with 30 days' prior notice, without affecting the period already paid.

6.4. Failure to pay within the deadline may result in suspension or cancellation of the account and loss of access to the associated features and data.

7. Trial Period and Refunds

7.1. Where offered, the trial period is free and automatically converts into a paid subscription at the end, unless cancelled beforehand.

7.2. Except as required by applicable mandatory Angolan law, amounts paid are non-refundable for partial periods or unused features.

8. User Content and Seller Responsibility

8.1. The User retains ownership of the rights to the User Content and grants KambaChat a worldwide, non-exclusive, royalty-free license to host, reproduce and display that content to the extent necessary to provide the service.

8.2. The User represents and warrants that they hold all necessary rights to the User Content and that it does not infringe third-party rights or applicable law.

8.3. The Seller is solely responsible for the products and services they sell, for the communications they send, and for compliance with applicable legal, tax and consumer-protection obligations.

8.4. KambaChat may remove User Content that it reasonably considers illegal, abusive or in breach of these Terms.

9. Acceptable Use and Prohibited Conduct

9.1. The User undertakes not to use the Platform to:

• Send spam, unsolicited bulk messages or messages in breach of the policies of WhatsApp, Meta or other channels;
• Carry out illegal, fraudulent, deceptive or money-laundering activities;
• Sell prohibited, counterfeit or legally restricted goods or services;
• Infringe third-party rights, including intellectual property and privacy;
• Distribute viruses or malicious code, or attempt to gain unauthorized access to systems;
• Reverse engineer, resell or exploit the Platform without authorization.

9.2. Breach of these conditions may result in the immediate suspension or closure of the account, with no right to a refund and without prejudice to the User's liability.

10. Artificial Intelligence Features

10.1. The Platform includes Artificial Intelligence features that generate automated responses. AI-generated content may contain inaccuracies and is provided "as is", without any guarantee of accuracy.

10.2. The Seller is responsible for configuring, supervising and validating the automated responses sent to their customers and for ensuring that they comply with applicable law.

10.3. KambaChat is not liable for decisions, communications or losses resulting from the use of AI-generated content.

11. Third-Party Services and Platforms

11.1. The Platform integrates third-party services (in particular Meta/WhatsApp/Instagram, payment providers and map services). The use of those services is subject to their respective terms and policies.

11.2. KambaChat does not control and is not responsible for interruptions, changes or acts of those third parties that affect the availability or operation of integrations.

12. Intellectual Property

12.1. The Platform and all of its elements (code, design, trademarks, text and databases) are the property of KambaChat or its licensors and are protected by applicable law.

12.2. The User is granted no right over KambaChat's intellectual property beyond the limited license to use the Platform under this agreement.

13. Personal Data Protection

The processing of personal data is governed by the Privacy Policy, available at kambachat.com/privacy, which forms an integral part of these Terms and complies with Law no. 22/11 of 17 June (Angola's Personal Data Protection Law).

14. Disclaimer of Warranties

The Platform is provided "as is" and "as available". To the maximum extent permitted by law, KambaChat makes no warranties, express or implied, of fitness for a particular purpose, uninterrupted availability, freedom from errors or commercial results.

15. Limitation of Liability

15.1. To the maximum extent permitted by applicable law, KambaChat shall not be liable for indirect, incidental, special, punitive or consequential damages, including loss of profits, goodwill, data or business opportunities.

15.2. KambaChat's total and aggregate liability arising out of or relating to the use of the Platform is limited to the amount actually paid by the User to KambaChat in the 3 (three) months preceding the event giving rise to the liability.

15.3. Nothing in these Terms excludes or limits liability that cannot be legally excluded or limited.

16. Indemnification

The User agrees to indemnify and hold harmless KambaChat, its directors, employees and partners from any claims, losses, damages or expenses (including reasonable attorneys' fees) arising from their use of the Platform, the User Content or the breach of these Terms or the law.

17. Suspension and Termination

17.1. The User may cease use and cancel their account at any time.

17.2. KambaChat may suspend or terminate access, with or without notice, in the event of a breach of these Terms, a security risk, a legal requirement or non-payment.

17.3. Termination does not entitle the User to a refund of amounts already paid, except as required by mandatory law. After termination, data may be deleted in accordance with the Privacy Policy.

18. Availability, Maintenance and Force Majeure

18.1. KambaChat uses reasonable efforts to keep the Platform available but does not guarantee uninterrupted availability. Interruptions may occur for maintenance or updates.

18.2. KambaChat is not liable for failures resulting from events beyond its reasonable control, including telecommunications or power failures, third-party acts, cyberattacks or force majeure.

19. General Provisions

19.1. Assignment: the User may not assign their contractual position without KambaChat's prior written consent.

19.2. Waiver: failure to require compliance with any provision does not constitute a waiver of the right to require it later.

19.3. Severability: if any provision is held invalid, the remaining provisions remain in force.

19.4. Entire agreement: these Terms and the Privacy Policy constitute the entire agreement between the parties regarding their subject matter.

19.5. Notices: KambaChat's communications may be made by email or through the Platform.

20. Governing Law and Dispute Resolution

20.1. These Terms are governed by Angolan law.

20.2. The parties shall seek to resolve any dispute in good faith and amicably. Failing agreement, the dispute shall be submitted to the courts of the District of Luanda, Angola, with express waiver of any other.

21. Contact

• Email: legal@kambachat.com
• Address: Luanda, Angola
• Contact page: kambachat.com/contact