Kyto Terms and Conditions

Effective Date: January 17, 2025

Welcome to Kyto, Inc. (“Kyto,” “we,” “us,” or “our”)! These Terms and Conditions (“Terms”) govern your use of our website (“Website”), mobile applications (“Mobile Apps”), and services (collectively, “Services”). By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not accept these Terms, you must not use our Services.

Table of Contents

  • Introduction
  • Acceptance of Terms
  • Changes to Terms
  • Service Description
  • WhatsApp Business Services
  • Eligibility
  • Account Registration and Management
  • User Responsibilities and Conduct
  • WhatsApp-Specific Requirements
  • Fees and Payments
  • Intellectual Property Rights
  • Privacy and Data Protection
  • Third-Party Services and Links
  • Service Modifications and Availability
  • Termination and Account Cancellation
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Dispute Resolution
  • Governing Law
  • Severability
  • Entire Agreement
  • Changes to This Agreement
  • Contacting Us

1. Introduction

Kyto provides advanced tools and services designed to enhance business communication and commerce through WhatsApp and related technologies. These Terms constitute a legally binding agreement between you and Kyto regarding your use of our Services.

2. Acceptance of Terms

By accessing or using our Services, you agree to these Terms and the WhatsApp Business Terms of Service. If you are using the Services on behalf of a business or entity, you represent and warrant that you have the authority to bind that entity to these Terms and WhatsApp's terms. In that case, “you” and “your” will refer to that entity.

4. Service Description

Kyto provides WhatsApp Business Solution Provider services and tools to improve business communication and commerce. Our Services include:

  • WhatsApp business messaging integration
  • Automated customer service solutions
  • Order management through WhatsApp
  • Product catalog management
  • Payment processing integration

The specific features may evolve over time, and we reserve the right to modify, add, or remove features without prior notice.

5. WhatsApp Business Services

As a WhatsApp Business Solution Provider, we:

  • Provide access to WhatsApp Business API
  • Enable business-to-customer communication
  • Manage message templates and automated responses
  • Process customer data according to WhatsApp's requirements
  • Maintain compliance with WhatsApp's policies

Your use of our WhatsApp-related services must comply with:

  • WhatsApp Business Terms of Service
  • WhatsApp Business API Terms of Use
  • WhatsApp Commerce and Payment Policies
  • WhatsApp Business Policy
  • Meta Platform Terms

6. Eligibility

To use our Services, you must:

  • Be at least 18 years old
  • Have the legal capacity to enter into a binding contract
  • Ensure your use of the Services complies with applicable laws and regulations
  • Be a legitimate business entity
  • Comply with WhatsApp's business verification requirements
  • Maintain good standing with WhatsApp and Meta platforms
  • Not be involved in prohibited business categories

9. WhatsApp-Specific Requirements

You agree to:

  • Only contact users who have explicitly opted in
  • Use approved message templates for business-initiated messages
  • Maintain high-quality customer service standards
  • Not use WhatsApp data for unauthorized purposes
  • Comply with all WhatsApp commerce policies
  • Maintain separate customer data for different businesses
  • Follow WhatsApp's pricing and payment terms

Data Processing

You acknowledge that:

  • Kyto acts as a data processor for WhatsApp data
  • You are the data controller for your customer data
  • WhatsApp's data processing terms apply to all data handling

Message Templates

You agree to:

  • Submit templates for approval before use
  • Use templates only for their approved purpose
  • Maintain compliance with content guidelines
  • Pay applicable template messaging fees

10. Fees and Payments

Access to certain features of the Services may require payment. All fees are non-refundable unless otherwise stated. This includes WhatsApp messaging fees and template charges. You agree to:

  • Provide accurate billing information
  • Promptly update payment details when necessary
  • Pay all applicable fees on time
  • Pay WhatsApp-specific charges as per their pricing structure
  • Maintain a valid payment method for recurring charges

11. Intellectual Property Rights

Kyto owns all rights, title, and interest in the Services, including intellectual property. You may not copy, modify, distribute, or reverse engineer any part of our Services without prior written consent. Feedback you provide may be used by Kyto to improve the Services without compensation to you.

12. Privacy and Data Protection

Your use of the Services is governed by our Privacy Policy. By using our Services, you consent to our data collection, use, and sharing practices as described in the Privacy Policy.

13. Third-Party Services and Links

Our Services may include links to third-party websites or integrate with third-party tools. We are not responsible for the content, privacy practices, or functionality of third-party services. Your interactions with third-party services are governed by their terms.

14. Service Modifications and Availability

We may modify, suspend, or discontinue the Services at any time without notice. We do not guarantee uninterrupted access to the Services and are not liable for any downtime.

15. Termination and Account Cancellation

We reserve the right to terminate your account or access to the Services for any reason, including violations of these Terms. Upon termination, your right to use the Services will cease immediately.

16. Disclaimer of Warranties

The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be error-free or meet your specific requirements.

17. Limitation of Liability

To the maximum extent permitted by law, Kyto is not liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability is limited to the fees paid by you in the 12 months preceding the event giving rise to the claim.

18. Indemnification

You agree to indemnify and hold Kyto harmless from any claims, damages, or expenses arising from your use of the Services, your breach of these Terms, or your violation of any laws or rights of third parties.

19. Dispute Resolution

In the event of a dispute, you agree to attempt resolution through good-faith negotiations. If unresolved, disputes will be subject to binding arbitration under the rules of the American Arbitration Association. You waive the right to participate in class-action lawsuits.

20. Governing Law

These Terms are governed by the laws of Colombia, without regard to conflict of laws principles. Any disputes not resolved through arbitration will be litigated exclusively in the courts of Bogota, Colombia.

21. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

22. Entire Agreement

These Terms constitute the entire agreement between you and Kyto regarding the use of the Services and supersede any prior agreements.

23. Changes to This Agreement

We may update these Terms periodically. Continued use of the Services after changes indicates your acceptance of the updated Terms.

24. Contacting Us

If you have any questions about these Terms, please contact us at:

  • Email: info@kyto.io

Thank you for trusting Kyto with your personal data. We are committed to protecting your privacy and ensuring transparency in how we handle your information.

We don't share your information with third parties.

You can't misuse our services.

We don't guarantee 100% uptime.

Our “Services” are provided “as is” without any warranties.