Terms of Service

1. Acceptance of Terms

By accessing or using Hlomo's services, including our website at hlomo.com, mobile applications, and WhatsApp Business integration ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

2. Description of Service

Hlomo is an AI-powered community platform that provides:

• Community Health Analysis: AI-driven insights into community engagement and sentiment
• WhatsApp Integration: Two-way communication and automation via WhatsApp Business API
• Strategic Triage Bot: Intelligent classification and routing of community inquiries
• Live Chat System: Real-time communication with AI personas (Bro and Hlomo)
• Analytics Dashboard: Comprehensive community metrics and recommendations

3. User Accounts and Registration

3.1 Account Creation

• You must provide accurate and complete information when registering
• 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 entity may maintain only one account

3.2 Account Responsibilities

• You are responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• You may not transfer your account to another person without our consent

4. Acceptable Use Policy

4.1 Permitted Uses

• Use Services for legitimate community management and analysis
• Share chat data that you own or have explicit permission to analyze
• Follow all applicable laws and regulations in your jurisdiction

4.2 Prohibited Uses

• Illegal Activities: Use Services for any unlawful purpose
• Unauthorized Data: Upload chat data without proper consent from participants
• Spam or Abuse: Send unsolicited messages or abuse our communication features
• Reverse Engineering: Attempt to reverse engineer or extract our AI models
• Competitive Intelligence: Use Services to build competing products
• Harmful Content: Upload content that is defamatory, harassing, or promotes violence

5. Data and Privacy

5.1 Your Data

• You retain ownership of data you provide to our Services
• You grant us a license to process your data to provide Services
• You represent that you have the right to share any data you upload
• Chat data you share for analysis must comply with participant consent requirements

5.2 Our Data Processing

• We process data in accordance with our Privacy Policy
• AI analysis is performed using Google's Gemini AI (subject to Google's terms)
• WhatsApp communication is subject to Meta's WhatsApp Business terms
• We implement appropriate security measures to protect your data

6. Subscription and Payment Terms

6.1 Service Plans

• Free Tier: Limited community health checks and basic features
• Premium Plans: Advanced analytics, unlimited analysis, and priority support
• Enterprise: Custom solutions with dedicated support and training

6.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We may change pricing with 30 days' notice to existing subscribers
• Failure to pay may result in service suspension or termination

7. WhatsApp Business Integration

7.1 WhatsApp Terms

• WhatsApp integration is subject to Meta's WhatsApp Business API terms
• You must comply with WhatsApp's messaging policies and opt-in requirements
• Message rates and delivery are determined by Meta, not Hlomo
• WhatsApp may suspend or terminate access for policy violations

7.2 Messaging Compliance

• Obtain explicit consent before sending WhatsApp messages
• Provide clear opt-out instructions in all messages
• Respect user preferences and communication limits
• Use messaging for legitimate business purposes only

8. Intellectual Property

8.1 Our IP Rights

• Hlomo platform, software, and AI models are our proprietary technology
• Our trademarks, logos, and brand elements are protected
• You may not copy, modify, or redistribute our technology

8.2 Your IP Rights

• You retain rights to your original content and data
• AI-generated insights and reports become your property
• You grant us a license to use your feedback to improve Services

9. Service Availability and Support

9.1 Service Level

• We aim for 99.9% uptime but do not guarantee uninterrupted service
• Planned maintenance will be communicated in advance when possible
• We are not liable for downtime caused by third-party services

9.2 Support

• Support is provided via email and our online help center
• Premium subscribers receive priority support with faster response times
• Enterprise customers have access to dedicated support representatives

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HLOMO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO HLOMO IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Hlomo and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Services or violation of these Terms.

12. Termination

12.1 Termination by You

• You may terminate your account at any time through your account settings
• Subscription cancellations take effect at the end of the current billing period
• You remain responsible for all charges incurred before termination

12.2 Termination by Us

• We may suspend or terminate accounts for Terms violations
• We may terminate Services with 30 days' notice for business reasons
• Immediate termination may occur for serious violations or legal requirements

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of South Africa. Any disputes will be resolved in the courts of South Africa.

13.2 Dispute Process

• Contact us first to attempt informal resolution: legal@hlomo.com
• Unresolved disputes may proceed to mediation
• Class action lawsuits are waived in favor of individual arbitration

14. Changes to Terms

We may modify these Terms from time to time. We will notify users of material changes by email or through our platform. Your continued use of Services after changes constitutes acceptance of the updated Terms.

15. Contact Information

16. Severability

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