Terms of Service

1. Agreement

These Terms of Service ("Terms") govern access to and use of the SalesAgent platform operated by Kastana Apps ("Kastana Apps," "we," "us," or "our"), including our website, admin dashboard, API, and embeddable chat widget (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you use the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Description of the Service

SalesAgent is a multi-tenant software platform that enables businesses to manage AI-assisted customer conversations across messaging channels, including WhatsApp, Instagram, Facebook Messenger, Telegram, and embeddable web chat. Features may include inbox management, knowledge bases, lead capture, appointment booking, analytics, and human handoff.

We may modify, suspend, or discontinue features at any time. We will make reasonable efforts to notify Business Customers of material changes that affect core functionality.

3. Account registration and security

To use the Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials and API keys
• Promptly notify us of any unauthorized access to your account
• Ensure that authorized users comply with these Terms

You are responsible for all activity that occurs under your account, whether or not authorized by you.

4. Acceptable use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Send unsolicited or bulk marketing messages without proper consent (spam)
• Transmit harmful, abusive, fraudulent, or deceptive content
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service, servers, or networks
• Attempt to gain unauthorized access to other tenants' data or systems
• Reverse engineer, decompile, or attempt to extract source code except as permitted by law
• Use the Service to develop a competing product through systematic extraction of data or features

We may investigate violations and suspend or terminate accounts that breach these Terms.

5. Messaging platform compliance

If you connect Meta, WhatsApp, Instagram, Facebook, Telegram, or other third-party messaging services, you must comply with all applicable platform policies, including:

• Meta Platform Terms and Developer Policies
• WhatsApp Business Messaging Policy and Commerce Policy
• Instagram and Facebook messaging guidelines
• Telegram Bot API terms

You are solely responsible for obtaining valid opt-in from End Customers before sending outbound messages, using approved message templates where required, and honoring opt-out requests. Kastana Apps provides tools to help comply but does not guarantee regulatory or platform compliance on your behalf.

6. AI-generated content

The Service uses artificial intelligence to generate automated responses. AI outputs may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing AI behavior, configuring guardrails and escalation rules, and ensuring that automated responses meet your business standards and legal obligations.

Kastana Apps does not guarantee that AI-generated content will be error-free, lawful, or suitable for every situation. You should disclose to End Customers when they are interacting with an automated assistant if required by applicable law or platform policy.

7. Fees and payment

Certain features may require a paid subscription. Applicable fees, billing cycles, and plan limits will be presented at the time of purchase or in your account settings.

Unless otherwise stated, fees are non-refundable except where required by law. Failure to pay may result in suspension or termination of access to paid features.

8. Intellectual property

Kastana Apps retains all rights, title, and interest in the Service, including software, branding, documentation, and underlying technology. These Terms do not grant you any ownership rights in the Service.

You retain ownership of content you submit to the Service ("Customer Content"). You grant Kastana Apps a limited, non-exclusive license to host, process, transmit, and display Customer Content solely to provide and improve the Service for you.

9. Confidentiality and data protection

Each party agrees to protect the other's confidential information using reasonable care. Our handling of personal data is described in the Privacy Policy.

You are the data controller for End Customer data processed through your account. You agree to provide appropriate privacy notices to End Customers and to process their data lawfully.

10. Third-party services

The Service integrates with third-party platforms and providers (including Meta, LLM providers, and payment processors). Your use of those services is subject to their separate terms. Kastana Apps is not responsible for third-party services outside our reasonable control.

11. Suspension and termination

You may cancel your account at any time through the platform or by contacting us. We may suspend or terminate access immediately if you breach these Terms, fail to pay applicable fees, pose a security risk, or if required by law or a messaging platform partner.

Upon termination, your right to use the Service ceases. We may delete account data after a reasonable retention period, subject to legal obligations and your configured data retention settings.

12. Disclaimers

THE SERVICE IS 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, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that messages will be delivered by third-party platforms without delay or failure.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KASTANA APPS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO KASTANA APPS FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (USD $100) IF NO FEES WERE PAID, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify and hold harmless Kastana Apps from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your Customer Content, your violation of these Terms, or your violation of any law or third-party rights, including messaging platform policies.

15. Changes to these Terms

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised "Last updated" date. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

16. Governing law and disputes

These Terms are governed by the laws applicable in the jurisdiction where Kastana Apps is established, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service will be resolved in the courts of that jurisdiction, unless mandatory consumer protection laws in your country require otherwise.

17. General

• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Kastana Apps regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Assignment: You may not assign these Terms without our consent. We may assign our rights in connection with a merger or sale of assets.
• No waiver: Failure to enforce any provision is not a waiver of that provision.

18. Contact

Questions about these Terms:

Kastana Apps
Email: info@kastanaapps.com
Website: salesagent.kastanaapps.com