Terms and Conditions

Effective Date: September 1, 2025

Welcome to PawaTalk! These Terms and Conditions (“Terms,” “Agreement”) govern your use of our website pawatalk.co.ke, and our bulk SMS, WhatsApp messaging, and email marketing services (“Services”). By creating an account, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use our Services.

1. Definitions

• PawaTalk (“we,” “our,” “us”) – refers to JayTech Cloud Limited, the company operating PawaTalk.

• User (“you,” “your”) – any person or organization registering or using PawaTalk Services.

• Services – bulk SMS, WhatsApp messaging, email campaigns, related software, and features provided by PawaTalk.

• Account – your registered profile used to access and manage PawaTalk Services.

2. Eligibility

• You must be at least 18 years old to use our Services.

• By registering, you confirm that the information you provide is accurate and that you have the authority to enter into this agreement.

3. User Responsibilities

When using PawaTalk, you agree to:

1. Provide accurate and up-to-date information during registration.

2. Maintain the confidentiality of your login details and notify us of any unauthorized use.

3. Use Services only for lawful purposes and in compliance with applicable laws.

4. Obtain proper consent from your customers or contacts before sending them messages.

5. Ensure your message content does not violate third-party rights or applicable regulations.

4. Prohibited Uses

You may not use PawaTalk to:

• Send spam, phishing attempts, or unsolicited communications.

• Distribute harmful content such as viruses, malware, or fraudulent links.

• Transmit hate speech, sexually explicit content, threats, or harassment.

• Engage in activities that violate data protection, telecom, or consumer protection laws.

• Resell or transfer Services without our written permission.

Violation of these rules may result in suspension or permanent termination of your account.

5. Service Availability

• We strive to provide reliable Services, but we do not guarantee uninterrupted or error-free operation.

• Scheduled maintenance, technical issues, or third-party provider failures may cause temporary downtime.

• PawaTalk is not liable for delivery delays caused by recipient networks, carriers, or external factors beyond our control.

6. Messaging and Content

• You are solely responsible for the content of your messages and the accuracy of recipient data.

• PawaTalk provides delivery reports, but we cannot guarantee that every message will be read or delivered due to carrier restrictions.

• We reserve the right to review or block content that violates these Terms.

7. Payment and Billing

• Services are offered on a prepaid basis. You must purchase credits or subscriptions before sending messages.

• All payments are final, and refunds are only issued at our discretion or as required by law.

• Prices may change, but existing users will be notified before new rates take effect.

• PawaTalk uses secure payment processors and does not store credit card or mobile money PINs.

8. Intellectual Property

• All software, design, logos, trademarks, and content on pawatalk.co.ke are the property of PawaTalk.

• You are granted a limited, non-transferable license to use our platform for business communication purposes.

• Unauthorized reproduction, modification, or distribution of our intellectual property is prohibited.

9. Data Protection and Privacy

• Your use of Services is also governed by our Privacy Policy, available at pawatalk.co.ke/privacy-policy.

• We process user data in compliance with Kenyan Data Protection laws and international best practices.

• You are responsible for ensuring your campaigns comply with GDPR, CCPA, or other relevant data regulations.

10. Limitation of Liability

• PawaTalk is not responsible for losses caused by failed or delayed message delivery due to carriers, networks, or recipient devices.

• We are not liable for indirect, incidental, or consequential damages such as lost profits or missed business opportunities.

• Our total liability for any claim shall not exceed the amount you paid for Services during the last 30 days.

11. Indemnification

You agree to indemnify and hold PawaTalk harmless against any claims, damages, or expenses arising from your misuse of Services, violation of laws, or breach of these Terms.

12. Account Suspension or Termination

We may suspend or terminate your account without prior notice if:

• You violate these Terms or engage in prohibited activities.

• Your actions threaten the security or reputation of PawaTalk.

• You misuse the platform for fraudulent or illegal purposes.

Upon termination, you lose access to your account and any unused credits.

13. Third-Party Services

• PawaTalk integrates with third-party providers (e.g., SMS gateways, WhatsApp APIs, email servers).

• We are not responsible for their actions, performance, or terms of use.

14. Governing Law and Dispute Resolution

• These Terms are governed by the laws of Kenya.

• Disputes shall first be resolved through amicable negotiation.

• If unresolved, disputes will be subject to the jurisdiction of the Courts of Kenya.

15. Changes to Terms

We may update these Terms from time to time. Updates will be posted on pawatalk.co.ke, and continued use of Services after updates means you accept the revised Terms.

16. Contact Us

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

📧 Email: support@pawatalk.co.ke
📞 Phone: 0792 430 508
🌍 Website: www.pawatalk.co.ke
📍 Address: Mwembe Tayari, Mombasa, Kenya