These Terms and Conditions (the “Terms”) are an agreement between you and Keynta (“Keynta”, “we”, “us”) for the use of the Keynta customer messaging service (the “Service”). By ticking the box when you create an account, or by using the Service, you accept these Terms. If you do not accept them, do not use the Service.
1.Definitions
- Business or you: the person or business that creates an account.
- Recipients: your own customers, whom you add to the Service and send messages to.
- Business Data: the information you or your team enter into the Service, such as your customer list, messages, templates and follow-ups.
- Subscription: your access to the Service under a trial or a paid plan.
- Subscription Period: the trial, or the months you have paid for.
2.The Service
Keynta is a customer messaging service for businesses. It keeps your customer list, sends offers, announcements, reminders and confirmations to your customers by SMS (and WhatsApp when available), collects their replies in shared chats, and shows a dashboard of your results.
We grant you a non-exclusive, non-transferable right to use the Service for your own business purposes during your Subscription Period. We may improve, change or add features over time, provided we do not materially reduce the core features of a plan you have paid for during its Subscription Period.
3.Messaging rules
You are the sender of the messages you send through Keynta and are responsible for them. In particular, you must:
- send messages only to people who have agreed to receive them from you, and be able to show that they agreed;
- stop messaging anyone who opts out, for example by replying STOP, and not add them back;
- identify your business in your messages and make sure their content is accurate and lawful;
- follow the rules of the UAE Telecommunications and Digital Government Regulatory Authority (TDRA) and of the countries where your messages are delivered, including rules on promotional messages, sender names and permitted sending hours;
- not send spam, misleading offers, or content that is offensive, unlawful, or contrary to public morals in the UAE.
We may hold, block or stop messages, or suspend sending from your account, if we reasonably believe these rules are being broken, or if a regulator or message network requires it.
4.Message delivery
Messages are delivered through third-party providers and mobile network operators. Delivery times and success depend on them and on the Recipient’s phone and network. We do not guarantee that a message will be delivered, delivered at a particular time, or read. Sender names and some message types may need approval from networks or regulators before they can be used.
5.Accounts and eligibility
- You must have reached the age of majority where you live (21 years in the United Arab Emirates) and have the legal capacity to enter into this agreement.
- If you accept these Terms for a business, you confirm that you are authorised to bind that business.
- You must provide accurate and complete information and keep it up to date.
- You are responsible for keeping your login details confidential and for all activity in your account, including by team members you invite. Tell us promptly at kayntainc@gmail.com if you suspect unauthorised use.
6.Trial, plans and fees
New accounts receive a free trial of 14 days. To continue sending messages after the trial you must purchase a plan. Current plans, fees and the messages included in each plan are shown on the pricing page.
- Fees are stated in UAE dirhams (AED) and are payable in advance, for one or more months, by the payment methods shown on your Plan & billing page.
- Fees exclude value added tax (VAT) and other taxes. Where VAT applies, it will be added at the applicable rate.
- A paid Subscription Period starts when we confirm receipt of your payment, and we issue an invoice for each payment. Subscriptions do not renew automatically.
- Messages included in a plan are for its own monthly period and do not carry over to the next one.
- You are responsible for any bank or transfer charges on your side.
- We may change our fees by giving you at least 30 days’ notice. A change does not affect a Subscription Period you have already paid for.
7.Refunds
Fees are non-refundable once a Subscription Period has started, except where these Terms say otherwise or where applicable law requires a refund. If we end the Service for reasons that are not your fault, we will refund the unused part of a Subscription Period you have paid for.
8.End of a Subscription Period
If a trial or paid Subscription Period ends without a new payment, you can no longer send messages. You can still sign in and see your customers, chats and history. Your Business Data is not deleted because a payment is late. A new payment restores full access.
9.Business Data
You own your Business Data, including your customer list. You give us the right to host, process, send and display it only as needed to provide, secure and support the Service. We do not sell Business Data and we do not contact your customers for our own purposes.
You are responsible for the accuracy of Business Data and for having the right to enter it into the Service, including your customers’ agreement to be contacted.
We handle personal data in line with our Privacy Policy and applicable data protection law, including UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data. For your customers’ data, we act on your behalf and on your instructions.
10.Acceptable use
You must not:
- use the Service in breach of any applicable law, including the laws of the United Arab Emirates;
- use bought, rented or scraped phone number lists;
- access, or try to access, another business’s account or data;
- interfere with, overload or disrupt the Service, or try to get around its security or sending limits;
- copy, modify, reverse engineer, resell, sublicense or rent the Service;
- upload malicious code or unlawful content.
11.Intellectual property
The Service, including its software, design, text, message templates, logos and the Keynta name, belongs to us or our licensors. These Terms do not transfer any of those rights to you. If you send us suggestions, we may use them freely without any obligation to you.
12.Availability and support
We use reasonable efforts to keep the Service available and secure, but we do not guarantee that it will be uninterrupted or error-free. The Service may be unavailable during maintenance or because of the third-party providers that host it or deliver messages. Support is provided by email at kayntainc@gmail.com.
13.Warranties
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, and we make no other warranties, express or implied, including fitness for a particular purpose.
14.Limitation of liability
To the maximum extent permitted by applicable law:
- we are not liable for any indirect or consequential loss, loss of profit, revenue, sales, customers or goodwill, or loss arising from messages that were delayed, not delivered, or sent to the wrong people because of information you entered;
- our total liability arising from these Terms or the Service is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or gross negligence.
15.Indemnity
You agree to compensate us for claims, fines, losses and reasonable costs arising from your breach of these Terms, from the messages you send, or from Business Data you enter, including complaints from Recipients or action by a regulator, to the extent permitted by applicable law.
16.Suspension and termination
You may stop using the Service and ask us to close your account at any time by emailing kayntainc@gmail.com.
We may suspend or close your account if you materially breach these Terms, including the messaging rules, if required by law, or to protect the Service, Recipients or other businesses. Where reasonable, we will tell you first and give you a chance to fix the problem.
After your account is closed, you may ask for a copy of your Business Data within 30 days. We then delete it as described in the Privacy Policy, except where the law requires us to keep it.
17.Events beyond our control
We are not responsible for delay or failure caused by events beyond our reasonable control, such as power or internet failures, failures of hosting or messaging providers or mobile networks, natural disasters, government action or civil unrest.
18.Changes to these Terms
We may update these Terms. We will notify you of material changes by email or in your account at least 30 days before they take effect. If you continue to use the Service after that, you accept the updated Terms. If you do not accept them, you may close your account before they take effect.
19.General
- These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
- If any part of these Terms is found invalid, the rest remains in effect.
- You may not transfer your rights under these Terms without our written consent. We may transfer ours to a successor business.
- We may send notices to the email address on your account. You may send notices to kayntainc@gmail.com.
- If these Terms are translated, the English version prevails to the extent permitted by law.
20.Governing law and disputes
These Terms are governed by the federal laws of the United Arab Emirates as applied in the Emirate of Dubai. Both parties will first try to resolve any dispute in good faith within 30 days of written notice. If it is not resolved, the courts of Dubai have exclusive jurisdiction.
21.Contact
Questions about these Terms: kayntainc@gmail.com.
See also the Terms and Conditions and the Privacy Policy.