Terms of Service

Effective date: 1 July 2025 · Last updated: 1 July 2025

These Terms govern use of Conversa, operated by Wits Africa Limited, by workspace owners, agents, supervisors, and connected businesses. Please read them carefully before using the service.

1. Parties and acceptance

These Terms of Service ("Terms") form a binding agreement between you (the workspace owner, agent, or authorised user) and Wits Africa Limited ("Wits Africa", "we", "us"), a company incorporated in Kenya and the operator of the Conversa platform. By accessing or using Conversa, you confirm that you have read and agree to these Terms. If you use the service on behalf of a business or organisation, you confirm you have authority to bind that entity to these Terms.

2. The service

Conversa is a business messaging and conversation management platform that enables organisations to manage customer interactions across connected channels including WhatsApp, Instagram, Messenger, TikTok, X, and other supported integrations. We reserve the right to add, modify, or remove features from time to time. We will communicate material changes with reasonable advance notice.

3. Account and workspace responsibilities

You are responsible for the accuracy of your workspace setup, the users and agents you invite, the channels you connect, and all content sent through your workspace. You must ensure that only authorised individuals have access to your workspace credentials. You are liable for all activity that occurs under your account.

4. Customer data

You retain ownership of and responsibility for the customer messages, contact data, profile data, and operational content processed through your workspace. You must only connect channels, authorise platform accounts, and process customer data that you are lawfully permitted to manage. You agree to comply with all applicable data protection laws, including the Kenya Data Protection Act, 2019, in respect of personal data processed through Conversa.

5. Connected channels and third-party platforms

Channel integrations — including WhatsApp, Instagram, Messenger, TikTok, and X — depend on the availability, permissions, review processes, and policies of the respective third-party platforms. In particular, use of the TikTok integration is subject to TikTok's Developer Terms of Service, Platform Policy, and Community Guidelines in addition to these Terms. Wits Africa is not responsible for outages, permission denials, API changes, webhook delivery failures, policy enforcement actions, or any disruption caused by a third-party platform. You are responsible for ensuring your use of each connected channel complies with that platform's own terms.

6. Acceptable use

You may not use Conversa to: send unlawful, abusive, deceptive, harassing, or spam communications; violate the policies or terms of any connected platform; infringe intellectual property rights; process personal data without a lawful basis; circumvent security controls; or use the platform in any manner that could damage, disable, or impair Wits Africa's systems or reputation. Violation of this clause may result in immediate suspension or termination of your account.

7. Intellectual property

Conversa, its design, software, and related documentation are the intellectual property of Wits Africa Limited. You are granted a limited, non-exclusive, non-transferable licence to use the platform for your internal business operations. You may not copy, modify, distribute, or create derivative works from any part of the platform without prior written consent from Wits Africa.

8. Fees and payment

Subscription fees, billing cycles, and payment terms will be set out in your workspace subscription agreement or invoice. Wits Africa reserves the right to suspend access to a workspace where payment obligations are not met after reasonable notice.

9. Limitation of liability

To the maximum extent permitted by Kenyan law, Conversa is provided on an as-available basis. Wits Africa is not liable for indirect, incidental, special, or consequential losses, including loss of revenue, data, or business opportunity, arising from your use of the service. Our total liability to you in respect of any claim shall not exceed the fees paid by you to Wits Africa in the 12 months preceding the claim.

10. Availability and service changes

We aim to maintain high platform availability but do not guarantee uninterrupted access. Scheduled maintenance, third-party outages, or force majeure events may temporarily affect availability. We will aim to communicate planned downtime in advance where practical.

11. Termination

Either party may terminate the agreement by providing written notice in accordance with the subscription arrangement. Wits Africa may suspend or terminate access immediately where necessary to protect the security of the platform, comply with legal requirements, or respond to material policy violations. Upon termination, you may request an export of your workspace data within 30 days, after which Wits Africa may delete it.

12. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of Kenya. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya. Nothing in this clause prevents Wits Africa from seeking urgent injunctive relief in any appropriate jurisdiction.

13. Changes to these terms

We may update these Terms from time to time. We will notify workspace administrators of material changes by email or in-app notice at least 14 days before the changes take effect. Continued use of Conversa after that date constitutes acceptance of the updated Terms. The current version is always available at https://konvas.app/terms.

14. Contact

Wits Africa Limited — support@witsafrica.co.ke. For privacy-related enquiries please contact privacy@witsafrica.co.ke. We aim to respond to all queries within 5 business days.