Terms of Service

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 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.

4.5 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.

6. Intellectual Property

6.1 Our Intellectual Property

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.

14. Contact Information

For questions about these Terms, contact us at: