Please read these Terms of Service ("Terms") carefully before using KwenTalk's services.
1. Acceptance of Terms
By accessing or using KwenTalk ("we," "our," or "us"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
These Terms constitute a legally binding agreement between you (the "User" or "you") and KwenTalk. We reserve the right to modify these Terms at any time, with changes effective upon posting to our website.
2. Description of Services
KwenTalk provides an AI-powered chatbot platform ("Services") that enables businesses to:
Create and manage AI chatbots
Upload and process documents for knowledge-based responses
Manage products and inventory
Accept bookings and appointments
Generate public landing pages for their businesses
Communicate with customers through AI-assisted conversations
Our Services utilize third-party AI models (OpenAI, DeepSeek) to provide intelligent responses and document processing capabilities.
3. User Accounts and Registration
3.1 Account Creation
To use our Services, you must:
Be at least 18 years old
Provide accurate and complete registration information
Maintain the security of your account credentials
Promptly update your information if it changes
3.2 Account Responsibility
You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use or security breach. We are not liable for losses caused by unauthorized use of your account.
3.3 Organization Accounts
Accounts are created at the organization level. The account creator becomes the organization owner with full administrative privileges. Additional team members may be invited with appropriate role-based access.
3.4 Guest User Accounts
When you use KwenTalk without creating a permanent account (as a "Guest User"), the following terms apply:
Session Duration
Your guest session is valid for 7 days from creation. Your session will be automatically restored when you return to the site within this period using the same browser and device.
Data Retention and Automatic Deletion
Guest user accounts and all associated data (including chat history, favorites, and bookings) are automatically deleted after 30 days of inactivity. Inactivity is defined as:
No chat messages sent or received
No new favorites added
No active or confirmed bookings
Important: This deletion is permanent and cannot be recovered. It is your responsibility to upgrade to a permanent account if you wish to retain your data beyond the 30-day period.
Upgrade to Permanent Account
You may convert your guest account to a permanent account at any time by providing your name, email address, and password. Upon upgrade:
All your existing chat history is preserved
All your favorites are preserved
All your bookings are preserved
Your data will no longer be subject to the 30-day automatic deletion policy
An organization account will be created for you with full access to business features
Rate Limiting
To prevent abuse and ensure fair use, we limit the number of guest accounts that can be created from a single IP address:
Maximum 5 guest accounts per hour
Maximum 20 guest accounts per day
Attempts to exceed these limits may result in temporary or permanent IP blocking. If you encounter rate limiting as a legitimate user (e.g., shared office network), please contact support.
No Liability for Data Loss
We are not responsible for any data loss resulting from the automatic deletion of inactive guest accounts or the expiration of guest sessions. By using KwenTalk as a guest user, you acknowledge and accept these limitations and the temporary nature of guest accounts.
4. Subscription Plans and Billing
4.1 Subscription Tiers
We offer multiple subscription tiers:
Trial: 14-day free trial with Starter plan features
Starter: Basic features with usage limits
Pro: Advanced features with higher limits
Team: Custom pricing with tailored features
4.2 Free Trial
New organizations receive a 14-day free trial. At the end of the trial period, your account will enter read-only mode unless you subscribe to a paid plan. No credit card is required for the trial.
4.3 Billing and Payment
Subscriptions are billed monthly in Philippine Pesos (PHP)
Payments are processed manually via bank transfer or GCash
Invoices are generated by our admin team upon subscription
Payment must be received within 7 days of invoice generation
Late payments may result in service suspension or termination
4.4 Payment Verification
After submitting proof of payment, verification and invoice approval may take up to 3 business days
Subscription benefits will be activated only after payment verification is complete
Business Hours: Payment verification is processed Sunday to Friday, 9:00 AM to 8:00 PM (Philippine Time) only
Weekend Closure: No payment approvals are processed from Friday 5:00 PM to Saturday 8:00 PM. Payments submitted during this period will be verified on the next business day
We are not responsible for delays caused by incomplete payment details, unclear payment proofs, bank processing times, or submissions made outside of business hours
To ensure timely activation, we recommend submitting proof of payment during business hours, at least 1 business day before your desired activation date
4.5 Upgrades and Downgrades
You may request plan upgrades through the billing dashboard. Prorated billing applies for mid-cycle upgrades. Downgrades take effect at the end of the current billing cycle.
4.6 Refund Policy
Subscription fees are non-refundable except as required by law or at our sole discretion. We do not provide refunds for partial months or unused features.
5. Usage Limits and Restrictions
5.1 Feature Limits
Your subscription tier determines limits on:
Number of chatbots
Number of documents and knowledge base items
Number of products in inventory
Number of team members
Number of monthly chat conversations
5.2 Acceptable Use
You agree NOT to:
Violate any laws or regulations
Infringe on intellectual property rights
Upload malicious code, viruses, or harmful content
Use the Services for illegal activities or fraud
Attempt to reverse engineer or hack our platform
Resell or redistribute our Services without permission
Generate spam, harassment, or abusive content
Overload our systems or interfere with other users
5.3 Content Responsibility
You are solely responsible for all content you upload, create, or transmit through the Services. This includes chat messages, documents, product information, and any data shared with your chatbots.
5.4 Prohibited Content
KwenTalk uses automated content moderation to maintain a safe marketplace. The following types of content are strictly prohibited and will be automatically blocked or removed:
Text Content Restrictions
Hate Speech: Content promoting hatred, discrimination, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
Harassment: Threatening, abusive, or harassing content directed at individuals or groups
Violence: Content promoting, glorifying, or inciting violence, including graphic descriptions of violent acts
Sexual Content: Pornographic, sexually explicit, or adult content intended to arouse
Self-Harm: Content promoting, encouraging, or providing instructions for self-harm or suicide
Illegal Activities: Content promoting illegal activities including drug trafficking, weapons sales, fraud, counterfeit goods, or stolen property
Image Content Restrictions
Nudity & Sexual Content: Explicit nudity, sexual activity, pornographic imagery, or suggestive content
KwenTalk owns all rights, title, and interest in the Services, including software, designs, trademarks, and related intellectual property. You may not copy, modify, or create derivative works without our express permission.
6.2 Your Content
You retain ownership of content you upload or create. By using our Services, you grant us a worldwide, non-exclusive license to use, store, and process your content solely to provide the Services.
6.3 AI-Generated Content
Content generated by AI (responses, embeddings, artifacts) is owned by you. However, AI models may generate similar content for other users based on their inputs.
7. Data Privacy and Security
Our collection, use, and protection of your personal information is governed by our Privacy Policy. By using our Services, you consent to our data practices as described in the Privacy Policy.
Key points:
Your data is stored securely using industry-standard encryption
AI processing may involve third-party services (OpenAI, DeepSeek)
You have rights to access, correct, and delete your data under Philippine law
8. Service Availability and Support
8.1 Uptime and Maintenance
We strive to maintain 99% uptime but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice when possible. Emergency maintenance may occur without notice.
8.2 Support
Support is provided via email during business hours (Philippine time). Response times vary by subscription tier. We do not provide phone support at this time.
8.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any features of the Services at any time with reasonable notice. We are not liable for any modifications or discontinuation.
9. Termination
9.1 Termination by You
You may terminate your account at any time by contacting support. Termination does not entitle you to a refund of any fees already paid.
9.2 Termination by Us
We may suspend or terminate your account if:
You violate these Terms
Your payment is overdue
You engage in fraudulent or illegal activities
You abuse or misuse the Services
Required by law or government request
9.3 Effect of Termination
Upon termination, your access to the Services will cease immediately. We will retain your data for 30 days to allow for account recovery, after which it will be permanently deleted unless retention is required by law.
10. Disclaimers and Limitations of Liability
10.1 Service "As Is"
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 AI Accuracy
AI-generated responses may contain errors, inaccuracies, or outdated information. We do not guarantee the accuracy, completeness, or reliability of AI outputs. You are responsible for verifying any AI-generated content before relying on it.
10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KWENTALK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICES.
Our total liability for any claims related to the Services shall not exceed the amount you paid us in the 12 months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless KwenTalk, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
Your use of the Services
Your violation of these Terms
Your violation of any laws or third-party rights
Content you upload or generate through the Services
12. Dispute Resolution and Governing Law
12.1 Governing Law
These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict of law principles.
12.2 Venue
Any disputes arising from these Terms or your use of the Services shall be resolved in the courts of the Philippines.
12.3 Informal Resolution
Before filing a legal claim, you agree to attempt to resolve disputes informally by contacting our support team.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and KwenTalk regarding the Services.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force.
13.3 No Waiver
Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
13.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
Drugs & Paraphernalia: Images depicting illegal drugs, drug use, drug paraphernalia, or drug products
Weapons: Images of firearms, weapons, ammunition, or weapons-related content intended for illegal sale
Hate Symbols: Nazi imagery, extremist symbols, confederate flags, or other hate-related symbols
Gambling: Unlicensed gambling content or promotion of illegal gambling activities
Content Moderation Process
All product listings, including text descriptions and images, are automatically scanned before publication. Content that violates these policies will be:
Automatically blocked from being uploaded or published
Flagged with a clear error message explaining the violation
Logged for security and compliance purposes
Repeated violations may result in account suspension or termination. If you believe content was incorrectly flagged, please contact our support team for manual review.
Image Format Requirements
For content moderation purposes, product images must be in JPEG or PNG format. Other formats (WebP, GIF, etc.) are not supported and will be rejected.
