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Terms of Service

Last updated: 2026-07-01

These Terms of Service (the “Terms”) govern your access to and use of WPfoss, including wpfoss.com, our application at agents.wpfoss.com, our APIs and webhooks, and the AI sales agents and other services we provide. The service is operated by WP FOSS LLC (“WPfoss”, “we”, “us”, “our”), a company registered in Delaware, United States, and registered with the Office of the Data Protection Commissioner (ODPC) in Kenya.

By creating an account, ordering a service, subscribing to a plan, or otherwise using our services, you agree to these Terms. If you are accepting on behalf of a business, you confirm you have authority to bind that business. If you do not agree, please do not use the services.

1. Definitions

  • Services — the WPfoss platform and AI sales agents, our website and application, APIs and webhooks, and any setup, GEO, or related work we provide.
  • AI — the large language models and supporting components used by the Services, including Anthropic Claude and Google Gemini.
  • Plan — a subscription tier (Basic, Standard) or the Enterprise arrangement described below.
  • BYOK — “bring your own key”, the option to connect your own Anthropic API key.
  • Customer Data — the content and personal data you, your team, or your customers submit to or generate within the Services, including contacts, conversations, media, and knowledge-base content.

2. The services

We build and operate 24/7 AI sales agents on your WhatsApp and Instagram (and other channels you connect, such as WhatsApp Web, Facebook Messenger, SMS, LINE, and a website chat widget), and we provide Generative Engine Optimization (GEO). The agents reply to messages, qualify leads, book appointments, follow up, and log conversations to your systems.

AI conversations are powered by Anthropic Claude, and media understanding (such as voice notes, images, and video) uses Google Gemini. We do not use your data to train public AI models. We improve the Services continuously and may add, change, or remove features over time.

3. Eligibility & your account

The Services are for business use only. You confirm you are at least 18 years old and are using the Services for a business, profession, or trade. You must give accurate account information and keep it current, keep your credentials secure, and you are responsible for all activity under your account and for the team members and users you invite. Tell us at hello@wpfoss.com immediately if you suspect unauthorised access.

4. Plans, billing & payment

  • Installation is free. We build, train, and launch your agent at no setup cost, and it goes live the same day.
  • Monthly plans (Basic and Standard) are billed in advance each period. Enterprise is a custom arrangement (including bring-your-own Anthropic key) agreed with you. GEO is a one-time fee, with optional ongoing maintenance.
  • Payments are processed by Stripe (cards), Safaricom M-Pesa (mobile money), and Zoho (checkout and billing). Prices are stated in Kenya Shillings unless agreed otherwise, and are exclusive of any applicable taxes.
  • Subscriptions renew automatically until cancelled. You can cancel anytime, effective at the end of the current billing period.
  • If a payment fails, we may retry and, after a reasonable grace period, suspend the Services until outstanding amounts are paid.
  • We may change prices with at least 30 days’ notice; you may cancel before a change takes effect.

5. Refunds

Because installation is free and plans can be cancelled anytime, monthly fees are not refundable for partial periods, and one-time GEO fees are not refundable once work has started. Cancelling stops future charges going forward. Nothing here limits any right you have under applicable law.

6. Bring your own key (Anthropic)

On the Enterprise arrangement you may connect your own Anthropic API key. When active, your AI usage is billed by Anthropic directly to your account. You are responsible for the security of your key, for the costs incurred against it, and for complying with Anthropic’s terms. We are not responsible for outages, rate limits, or billing disputes arising from your direct relationship with Anthropic.

7. Acceptable use

You agree not to use the Services, and not to let your users use them, to:

  • Send unsolicited bulk messages or spam, or message people who have not opted in where opt-in is required.
  • Harass, threaten, defame, or abuse anyone, or share illegal, infringing, or harmful content.
  • Distribute malware, phishing links, or other malicious code.
  • Break any law that applies to your business or your message recipients, including applicable messaging and marketing laws.
  • Violate the policies of the platforms we connect to, including Meta’s and WhatsApp’s business and messaging policies and Anthropic’s usage policies.
  • Reverse engineer or attempt to derive the source code of the Services, or probe or breach our security.
  • Impersonate WPfoss or any other person, or misrepresent who is sending a message.

We may investigate suspected breaches and may suspend or terminate access for serious or repeated violations, giving you an opportunity to cure where practical.

8. Your data & ownership

You keep all rights to your Customer Data. We process it only to provide and improve the Services, on your instructions and as described in our Privacy Policy. We do not use your Customer Data to train public AI models. You can export your data during your subscription and for 30 days after it ends, after which we delete it from active systems in the normal course and from backups within our retention windows.

9. Intellectual property

We retain all rights in the Services, including our software, AI agent configurations, tooling, templates, and branding. During your subscription we grant you a limited, non-exclusive, non-transferable licence to use the Services for your business. Any specific deliverables from a service engagement (for example, GEO work) are handled as set out in your proposal or order. If you send us feedback, you allow us to use it to improve the Services without obligation to you.

We may mention you as a client and use your name and logo in our marketing. You can opt out at any time by emailing hello@wpfoss.com.

10. Confidentiality

Each party will protect the other’s non-public information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law. Your Customer Data is your confidential information; our non-public technical and pricing information is ours.

11. Third-party services & sub-processors

To deliver the Services we rely on vetted providers, including Anthropic, Google, Meta Platforms, Stripe, Safaricom (M-Pesa), Zoho, and Calendly. Your use of connected platforms is also subject to those providers’ own terms and policies. The current list and purposes are set out in our Privacy Policy.

12. Data protection

We act as the Data Controller for your account, billing, and support data, and as your Data Processor for the messages, contacts, and conversations that flow through the agents, which we handle on your documented instructions. We process personal data in line with the Kenya Data Protection Act, 2019, apply appropriate safeguards to any cross-border transfers, and will notify you of a personal-data breach affecting your data without undue delay. Full details are in our Privacy Policy.

13. Availability & support

We work to keep the Services available and reliable, but we do not guarantee uninterrupted service and may carry out maintenance from time to time. We provide support by email, and priority support on higher plans. No formal service-level agreement applies unless we have signed one with you.

14. Warranties, disclaimers & AI output

We provide the Services with reasonable skill and care. Beyond that, and to the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis without warranties of any kind.

AI can produce incorrect, incomplete, or unexpected output. You are responsible for reviewing and approving AI-generated content before it is sent, and for keeping a human in the loop for high-value, regulated, or sensitive interactions. The agents do not provide legal, medical, financial, or other professional advice, and their output should not be relied on as such.

15. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, or special losses, or for lost profits, revenue, goodwill, or data, or for issues caused by third-party platforms outside our control. Our total liability arising out of or related to these Terms or the Services is capped at the fees you paid us in the 12 months before the event giving rise to the claim. Nothing here excludes liability that cannot be excluded under applicable law.

16. Indemnification

You will defend and indemnify WPfoss against claims, damages, and reasonable costs arising from: your use of the Services; your breach of these Terms, including the Acceptable Use section; your customers’ interactions with the agents; AI-generated content you approve and send; and any claim that your Customer Data infringes a third party’s rights.

17. Term & termination

Subscriptions run month-to-month and renew automatically until cancelled. You may cancel anytime, effective at the end of the current period. We may suspend or terminate the Services for cause, for example if you fail to pay after notice, materially breach these Terms and do not cure within a reasonable time, breach the Acceptable Use section, or put our standing with a connected platform at risk. On termination your access ends; your data export window stays open for 30 days; and any terms that by their nature should survive (including intellectual property, confidentiality, liability, indemnification, and governing law) will survive.

18. Changes to these Terms

We may update these Terms from time to time. For material changes we will give reasonable notice (by email or in-app) before they take effect; for minor changes we will update the “Last updated” date above. Continued use after a change takes effect means you accept the updated Terms.

19. Governing law & disputes

These Terms are governed by the laws of Kenya. If a dispute arises, the parties will first try to resolve it through good-faith discussion for at least 30 days, then through mediation in Nairobi. If it remains unresolved, it will be subject to the courts of competent jurisdiction in Kenya. Either party may seek urgent injunctive relief to protect its intellectual property or confidential information.

20. General

  • Entire agreement: these Terms, together with any proposal, order, or the Privacy Policy referenced here, are the whole agreement between us.
  • No waiver: not enforcing a right is not a waiver of it.
  • Severability: if a provision is unenforceable, the rest remains in force.
  • Assignment: you may not assign these Terms without our consent; we may assign them in a merger, acquisition, or sale of assets.
  • Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
  • Notices: we send notices to your account email; send notices to us at hello@wpfoss.com.

21. Contact

Questions about these Terms? Email hello@wpfoss.com.