1. Acceptance of Terms
By accessing or using Katembe (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.
2. Description of Service
Katembe provides a messaging and communication platform that enables organizations to send SMS, email, and other forms of communication to their users and customers.
3. User Accounts
3.1 Account Creation
- You must provide accurate and complete information when creating an account
- You are responsible for maintaining the security of your account credentials
- You must be at least 18 years old to create an account
- One person or legal entity may not maintain more than one free account
3.2 Account Responsibilities
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
- We reserve the right to suspend or terminate accounts that violate these Terms
4. Acceptable Use
4.1 Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms.
4.2 Prohibited Activities
You agree NOT to:
- Violate any applicable laws or regulations
- Send spam, unsolicited messages, or engage in phishing
- Transmit malware, viruses, or harmful code
- Impersonate any person or entity
- Interfere with or disrupt the Service
- Attempt to gain unauthorized access to the Service
- Use the Service to harass, abuse, or harm others
- Violate intellectual property rights
- Engage in any fraudulent activity
5. Content
5.1 Your Content
- You retain ownership of content you submit to the Service
- You grant us a license to use, store, and transmit your content as necessary to provide the Service
- You are responsible for ensuring you have the right to send messages to recipients
5.2 Our Content
- The Service and its original content, features, and functionality are owned by Katembe
- You may not copy, modify, distribute, or reverse engineer any part of the Service
6. Privacy
Your use of the Service is also governed by our Privacy Policy.
7. Payment Terms
7.1 Pricing
- Pricing for paid plans is available on our website
- We reserve the right to change pricing with 30 days notice
7.2 Billing
- Subscription fees are billed in advance on a monthly or annual basis
- All fees are non-refundable except as required by law
- You are responsible for all taxes
7.3 Free Tier
- Free tier usage is subject to rate limits and feature restrictions
- We may modify or discontinue the free tier at any time
8. Service Availability
8.1 Uptime
- We strive to maintain 99.9% uptime but do not guarantee uninterrupted service
- Scheduled maintenance will be announced in advance when possible
8.2 Support
- Support is provided via email and our support portal
- Response times vary by plan level
9. Termination
9.1 By You
You may terminate your account at any time through your account settings.
9.2 By Us
We may suspend or terminate your account if you:
- Violate these Terms
- Engage in fraudulent activity
- Fail to pay fees when due
- Use the Service in a way that harms us or other users
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KATEMBE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE.
12. Indemnification
You agree to indemnify and hold harmless Katembe from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.
13. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance.
14. Governing Law
These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.
15. Dispute Resolution
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with [Arbitration Rules].
16. Contact Information
For questions about these Terms, contact us at:
- Email: legal@katembe.com
- Address: [Your Company Address]
By using Katembe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.