Terms of Service

Effective date: 17 October 2026

These Terms of Service (“Terms”) govern access to and use of MobiWave WA, a business messaging and automation platform operated by MobiWave Innovations Ltd (“MobiWave”, “we”, “us”). By creating an account or using the service, you agree to these Terms on behalf of yourself or the organisation you represent.

1. The service

MobiWave WA provides workspace management, contact and consent management, inbox and campaign tools, website knowledge features, optional AI-assisted responses, and integration with the official Meta WhatsApp Cloud API. Features may change as the service is maintained and improved.

2. Accounts and authorised use

You must provide accurate account information, keep login credentials secure, and ensure each person using your workspace is authorised. You are responsible for activity conducted through your account and must promptly notify us of suspected unauthorised access.

3. Customer responsibilities and consent

You are responsible for the contact data, content, instructions and campaigns you submit; obtaining and recording any legally required permission or other lawful basis; respecting opt-outs and suppression requests; and ensuring your use of the service complies with applicable privacy, consumer-protection, marketing and telecommunications laws.

You must not use MobiWave WA to send unlawful, deceptive, abusive, threatening, unsolicited or otherwise prohibited messages; violate another person's rights; distribute malware; attempt unauthorised access; or interfere with the service or its security.

4. Meta and WhatsApp requirements

WhatsApp functionality depends on Meta's systems, account eligibility, approved templates, quality controls and applicable Meta/WhatsApp terms and policies. You must comply with those requirements. Meta may limit or suspend access independently of MobiWave. We do not control Meta's services and cannot guarantee uninterrupted availability or approval of any account, message or template.

5. AI-assisted features

AI features are optional and may produce inaccurate or incomplete output. You are responsible for reviewing outputs and deciding whether they are appropriate before relying on them or sending them to other people. Do not use AI output as a substitute for professional advice where qualified review is required.

6. Data and privacy

Our Privacy Policy describes how we handle personal information. You must only submit information you are authorised to process. Where you use the service to process information about your customers or contacts, you remain responsible for your obligations to those individuals.

7. Availability, changes and suspension

We aim to operate the service reliably but do not promise that it will be uninterrupted, error-free or available at all times. We may maintain, change or discontinue features and may restrict or suspend access when reasonably necessary to protect the service, comply with law, respond to security risks, address misuse or enforce these Terms.

8. Fees and third-party charges

Any applicable subscription, usage, messaging or other fees will be communicated through the relevant commercial arrangement or product interface. Unless expressly agreed otherwise in writing, third-party charges, including charges imposed by Meta or telecommunications providers, may apply separately. You are responsible for reviewing pricing and usage before launching campaigns.

9. Intellectual property

MobiWave and its licensors retain rights in the service, software, branding and related materials. You retain rights in content you submit, subject to the limited permission necessary for us to host, process and transmit it to provide the service. You grant us no broader rights than those necessary for these purposes and service operation.

10. Disclaimers and limitation

To the extent permitted by applicable law, the service is provided on an “as available” basis without warranties that cannot lawfully be excluded. MobiWave is not responsible for outages or decisions made by third-party platforms. Nothing in these Terms excludes liability that cannot legally be excluded or limits rights that applicable law requires us to preserve.

11. Termination

You may stop using the service and request account or personal-data deletion through the contact details below. We may suspend or terminate access for material breach, unlawful use, security risk or where required by law. Data handling after termination is subject to the Privacy Policy and applicable retention obligations.

12. Changes to these Terms

We may update these Terms from time to time. We will publish the current version on this page and update the effective date. Continued use after updated Terms take effect constitutes acceptance to the extent permitted by law.

13. Governing law and contact

These Terms are intended to be interpreted under the laws of Kenya, subject to any mandatory legal requirements that apply. Contact us with questions at info@mobiwave.co.ke.

MobiWave Innovations Ltd
Website: mobiwave.co.ke
Privacy Policy · User Data Deletion

These Terms are a general service document and should be reviewed for legal suitability before relying on them as a final legal agreement.