By accessing or using TumaFlow(the "Service"), a product operated by COMPKEV TECHNOLOGIES LTD("Compkev", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not use the Service. Please read them carefully.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User" or "Customer") and COMPKEV TECHNOLOGIES LTD, the operator of the TumaFlow Service. By creating an account or using the Service, you confirm that you are at least 18 years old, have the authority to bind the entity you represent, and accept these Terms in full.

2. Description of Service

TumaFlow is a software platform operated by COMPKEV TECHNOLOGIES LTD that enables businesses to send WhatsApp messages at scale using the official Meta WhatsApp Business Cloud API. Features include bulk message dispatching, template management, delivery tracking, campaign analytics, queue management, and webhook-based status reporting.

3. Meta WhatsApp Business API Compliance

You acknowledge and agree that your use of the Service is also governed by WhatsApp's Business Policy and Meta's Platform Terms. You are solely responsible for:

• Obtaining proper opt-in consent from all recipients before sending them messages
• Using only approved WhatsApp message templates for marketing and utility messages
• Complying with all applicable anti-spam laws (CAN-SPAM, CASL, PECR, etc.)
• Not sending messages to recipients who have opted out or requested deletion
• Maintaining accurate and up-to-date contact records

4. Prohibited Uses

You may not use the Service to:

• Send spam, unsolicited messages, or messages to contacts who have not opted in
• Distribute malware, phishing links, or engage in fraudulent activity
• Violate any applicable law, regulation, or third-party rights (including intellectual property)
• Reverse-engineer, decompile, or attempt to extract source code from the Service
• Use the Service to harass, threaten, or harm any individual or group
• Exceed rate limits or intentionally disrupt the Service or its infrastructure
• Share your account credentials with unauthorized third parties
• Resell or white-label the Service without a separate written agreement with TumaFlow

5. Account Registration & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at compkevs@gmail.com if you suspect unauthorized access. TumaFlow will not be liable for any loss or damage arising from your failure to protect your credentials.

6. Fees & Payment

Access to certain features requires a paid subscription. Fees are billed in advance on a monthly or annual basis. We reserve the right to change pricing with at least 30 days' written notice. Failure to pay may result in suspension or termination of your account.

6A. Cancellation & Refund Policy

You may cancel your subscription at any time from the dashboard or by contacting compkevs@gmail.com. Cancellation takes effect at the end of the current billing cycle and no further charges are made. Refunds are governed by our dedicated Cancellation & Refund Policy, which is incorporated into these Terms by reference and complies with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020.

Key points (non-exhaustive — see the full policy):

• 7-day satisfaction window: first-time paying customers may request a full refund within 7 days of the initial charge, provided fewer than 1,000 outbound messages were dispatched.
• Annual plans: pro-rated refunds for the unused portion after the 7-day window.
• Non-refundable:Meta WhatsApp conversation/template charges (pass-through), services already delivered, and accounts terminated for breach of these Terms or Meta's policies.
• Refunds are processed within 7–10 business days to the original payment method.

Note: Meta may charge separately for WhatsApp message delivery according to their WhatsApp Business pricing. TumaFlow fees are independent of Meta's charges.

7. Intellectual Property

The TumaFlow platform, including its design, code, trademarks, and content, is the exclusive property of TumaFlow and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes only. You retain ownership of any content you upload (message templates, contact lists, etc.).

8. Data Processing

To the extent you process personal data of EU/EEA individuals through our Service, you act as the data controller and TumaFlow acts as a data processor under the GDPR. Our data processing activities are detailed in our GDPR policy and a Data Processing Agreement (DPA) is available upon request at compkevs@gmail.com.

9. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. TumaFlow does not warrant that the Service will be uninterrupted, error-free, or that all messages will be delivered (delivery is subject to Meta's infrastructure and network conditions).

10. Limitation of Liability

To the maximum extent permitted by applicable law, TumaFlow shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, arising from your use of the Service. Our total liability for any claim shall not exceed the amount you paid to TumaFlow in the three months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless TumaFlow, its officers, directors, employees, and agents from any claim, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Termination

Either party may terminate the agreement with 30 days' written notice. TumaFlow reserves the right to suspend or terminate your account immediately for violation of these Terms, Meta's policies, or any applicable law. Upon termination, your right to use the Service ceases and your data will be deleted according to our retention policy.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. The courts at Nairobi shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, save that we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms, contact us at compkevs@gmail.com.