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Khapy Terms of Service

Khapy • Zambia • Effective date 2026-09-02 • Version 1.0.0

Last updated 2026-09-02 • Initial forensic draft grounded in actual Khapy product behaviour (auth, Business Brain, media, distribution, billing, AI routing). Pending independent legal review before production publication.

Contact: legal@khapy.com · Privacy: privacy@khapy.com

Legal entity: [LEGAL ENTITY — TO BE VERIFIED BY COUNSEL]. Registered address to be confirmed during legal review. This draft uses a placeholder pending verification.

v1.0.0View Privacy Policy →

Canonical source: packages/legal/src/policies.ts • Route: /terms • API: /api/v1/legal/policies/terms. Web and Mobile resolve to the same version identifiers.

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Contents

1. Who Khapy is
2. What Khapy provides
3. Eligibility and account
4. Business and customer data you put into Khapy
5. AI-generated work and its limits
6. Approval and publishing
7. Third-party channels and services
8. Your content ownership and our licence
9. Khapy-generated materials and rights to outputs
10. Feedback and improvement
11. Acceptable use
12. Prohibited business claims
13. Billing and subscriptions
14. Suspension and termination
15. Availability and changes to the service or these Terms
16. Disclaimers
17. Liability
18. Indemnity
19. Governing law and disputes
20. Contact and notices

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1. Who Khapy is

Plain language: Khapy is a business marketing operating system provided under these Terms. Legal entity details here are placeholders pending counsel verification.

Khapy ("Khapy", "we", "us") provides an AI-assisted marketing operating system for business owners. Trading name: Khapy. Legal entity name, registration number and registered address: [LEGAL ENTITY — TO BE VERIFIED BY COUNSEL] — this placeholder must be replaced with the verified entity before production publication and is marked UNKNOWN until confirmed. Effective date: 2026-09-02. Version: 1.0.0. Contact for legal notices: legal@khapy.com. Primary jurisdiction for this deployment is Zambia. Where you use Khapy from another jurisdiction, local mandatory rules may also apply; this draft has not yet been separately assessed for those jurisdictions.

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2. What Khapy provides

Plain language: From one business intake, Khapy helps you plan, create, schedule and measure marketing — you approve what goes live.

Khapy helps you set up your business once and then plan, create, schedule, publish and measure marketing from that single context. Features described here reflect what the product actually does today: (a) Business setup and Business Brain — you teach Khapy about your business, offerings, customers and brand, and correct it over time; (b) AI marketing planning — campaign objectives, messaging angles, strategy briefs and marketing plans generated from your Business Brain and validated against provenance; (c) Content and media creation — text, image and video prompts compiled through layered policy/business/brand/campaign/media/QA checks, and media assets versioned with tenant isolation; (d) Brand tools — artifact versioning, asset library, Brand Guardian validations and rights/claims checks; (e) Scheduling and distribution — content calendar, daily manager, distribution wizard and publish queue with provider-specific capability, health and cost checks; (f) Analytics and intelligence — ingestion, conversion capture, cohort patterns and insight generation that require minimum sample thresholds and may withhold sparse segments; (g) Billing and entitlements — plan-based entitlements, subscription state, checkout sessions and usage/cost guards. Khapy does not promise uninterrupted availability or specific business outcomes unless expressly stated in a plan or order. Channel reach and lead quality depend on third parties and your market.

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3. Eligibility and account

Plain language: Businesses and their authorised members. Keep credentials secure and information accurate.

You must be at least 18 years old and have authority to act for the business you enrol. You are responsible for the accuracy of information you provide during account creation (phone, organisation and business details) and for keeping it up to date. Each organisation is a tenant; members are added via membership records and are bound by these Terms. You must protect your phone-based login (one-time code), session tokens and any device with SecureStore or localStorage access. You must promptly notify us of unauthorised access. We may require verification of authority before processing sensitive changes (e.g., phone-number change requires dual OTP verification of old and new numbers). We do not provide unauthenticated account recovery. An organisation admin is responsible for who within the business can approve or publish content.

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4. Business and customer data you put into Khapy

Plain language: You confirm you have permission to use leads, contacts, messages and files you upload.

You retain ownership of business information, source files, product data, brand materials, customer contacts, leads, conversations, reviews and uploaded media you provide ("Customer Content"), subject only to the licence below needed to run the service. You represent that you collected or obtained that data lawfully and have the necessary permissions to let Khapy process it for the purposes you request (e.g., drafting campaigns or storing a customer list). This is especially important for third-party personal data such as lead phone numbers, customer messages, imported contacts and CRM records. You must not upload special-category, unlawful or infringing material. You are responsible for any data you import from an uploaded workbook, website crawl, review set or connected channel.

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5. AI-generated work and its limits

Plain language: AI can draft quickly but cannot know your business better than you. Review important facts before you publish or promise them.

AI may recommend, draft, create or summarise marketing work derived from your Business Brain, brand rules, ingested files and public research. AI output may be incomplete, outdated or inaccurate and must be reviewed for material business facts, prices, availability, regulated claims and promises. Khapy applies provenance checks, fact-precedence and compliance-guardian reviews, but does not guarantee that AI output is legally compliant, financially accurate or fit for a specific campaign unless expressly stated. Khapy does not provide legal, financial, tax or regulated advice. You decide whether to use, edit or discard AI drafts. "Truth over appearance" applies: Khapy must not be represented as having performed an action it has not performed, and neither should you publish AI-drafted claims you have not verified.

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6. Approval and publishing

Plain language: Khapy prepares and schedules according to your settings; publication respects your approval policy.

Khapy may prepare, schedule and queue content and may automate steps where you have explicitly permitted it, but publication actions are governed by the approval and autonomy policy configured for your organisation. Sensitive or commercial actions should remain under human control. When a campaign or asset requires approval, it stays in draft until an authorised member approves it. You are responsible for reviewing scheduled content and for ensuring that any automated publishing aligns with your commercial and regulatory obligations. Logs and audit records show who approved what and when.

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7. Third-party channels and services

Plain language: Social channels, payment and AI providers are separate services with their own terms and availability.

Khapy connects to third-party services that you explicitly authorise: social and messaging channels such as Meta (Facebook/Instagram), WhatsApp, TikTok, Google (YouTube/Business), payment via Lipila or Paddle (provider checkout, webhooks and amounts/currency as implemented), AI/model providers (currently OpenAI and Anthropic where configured), hosting/storage (AWS S3 or compatible MinIO), SMS via Twilio where configured, and error monitoring via Sentry. Each provider has its own terms, privacy practices and API scope and availability. Khapy does not control those platforms and cannot guarantee their uptime, review policies or feature parity. Encrypted tokens/credentials you grant for connections are stored server-side and are not exposed in normal UI. Connecting or disconnecting a channel follows the provider OAuth flow and the scopes actually requested by Khapy (minimal, publishing/messaging as needed).

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8. Your content ownership and our licence

Plain language: You own your business content. You give Khapy a narrow licence to host and process it to provide the service.

You retain ownership of Customer Content. You grant Khapy a limited, non-exclusive, worldwide, royalty-free licence to host, store, process, transform, render, transmit, back up, secure and deliver Customer Content only as necessary to provide, maintain, secure and support the service for your organisation, and to comply with law. This includes extracting facts from ingested documents, building tenant-scoped embeddings and knowledge facts, and routing prompts to model providers when you request generation. The licence ends when Customer Content is deleted from active systems, subject to backup and legal-retention handling described in the Privacy Policy and in section 14. We do not take silent ownership of your business information or approved creative.

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9. Khapy-generated materials and rights to outputs

Plain language: You may use outputs you approve, within platform rules and third-party rights.

Subject to payment for the applicable plan and compliance with these Terms, you may use Khapy-generated outputs (campaign drafts, copy, images, video, audio, calendars) that you have approved for your own business marketing. Outputs may be subject to third-party rights (e.g., model provider terms, stock/template licences, music licences) and to the destination platform's rules. Khapy cannot assign rights it does not hold. If your plan expires, is suspended or has unpaid amounts, access to generation or export may be restricted and reasonable measures to prevent abuse may apply. Keep your own copies of final assets you intend to rely on.

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10. Feedback and improvement

Plain language: Product feedback may be used to improve Khapy. Your private business content is not silently used to train public models.

If you provide product feedback, suggestions or ideas, you allow Khapy to use that feedback to improve the service without obligation or compensation, and without disclosing your confidential business data to other customers. Aggregated or de-identified product telemetry (e.g., feature usage counts, error rates) may be used for product improvement. Separately, your tenant-scoped Business Brain and customer content are not used to train public or general AI models without a separate, disclosed choice and technical control. When Khapy sends data to a model provider to perform a task you requested, that provider's terms govern its handling; see Privacy Policy section 6.6. Business Brain memory — how your business knowledge is stored and reused for that business — is scoped to your organisation and protected against cross-tenant exposure.

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11. Acceptable use

Plain language: Use Khapy lawfully. Abuse of automation, impersonation, spam or attacks is prohibited.

You must not use Khapy to violate law, infringe rights, impersonate others, send unlawful spam or deceptive communications, distribute harmful content, abuse credentials, probe or attack the service, reverse-engineer platform controls, or violate third-party platform policies via connected channels. You must not use Khapy to generate or distribute hate, harassment, non-consensual intimate imagery or other prohibited content. Fraudulent billing, trial abuse (e.g., evading phone/device risk checks), credential sharing to bypass plan limits, or misrepresenting business identity are prohibited. We may remove content, throttle, suspend or terminate use that violates this section.

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12. Prohibited business claims

Plain language: Do not publish fabricated proof, guarantees or pricing you cannot honour.

You must not publish via Khapy fabricated testimonials, reviews, endorsements, scarcity claims ("only 2 left"), guarantees, certifications, discounts or product performance claims that are not truthful and substantiated for your business. Claims that imply regulated approval, health outcomes or earnings guarantees must have a lawful basis. Khapy provides claims-library and Brand Guardian checks to surface risks, but the final responsibility for what you publish rests with you. Evidence packs must reflect real sources you control.

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13. Billing and subscriptions

Plain language: Plans, usage, taxes and renewal as shown at checkout. No refunds; erroneous charges are reversed.

Plans, entitlements, billing frequency, currency (default ZMW, other supported currencies where shown) and any taxes are as presented at subscription or checkout. Billing timing, renewal and invoice handling are governed by the payment provider checkout (Lipila or Paddle) and subscription record actually created for your organisation; do not rely on marketing copy for the definitive terms. Usage may be metered (e.g., generation tasks, media renders, provider costs) and enforced by quota/ cost guards; overages or insufficient entitlements may block new tasks. Refunds: Khapy does not offer refunds for delivered service — trial previews, locked downloads and plan comparison exist so you can evaluate before paying, and refund requests are denied and recorded. The only exception is an erroneous charge, which we reverse: a duplicate charge for the same invoice, or a successful payment that never activated your entitlement. Reversal requests must identify the payment and are verified against billing evidence before approval. Cancellation, downgrade, trial and payment-recovery handling are as stated in your plan and checkout flow — we do not invent commercial promises in this Terms text. Failed payments may place a subscription in grace, past_due or paused state as implemented by billing logic. Keep your billing and tax information accurate.

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14. Suspension and termination

Plain language: We may suspend for safety, security or legal reasons, with notice where feasible. Your data handling on exit follows the Privacy Policy.

We may suspend or terminate access where necessary for security, safety, legal compliance, non-payment or material breach, with notice where feasible. Immediate suspension without prior notice may occur for active security incidents, unlawful activity or threats to service integrity. Upon termination you may lose access to generation, publishing and account data. Active content is handled per your deletion choices: soft-deleted assets are retained for a purge window before hard deletion, and backups/legal records follow their own retention schedule and may not be immediately purged. We keep audit logs as required by law. Relevant clauses (ownership, billing for accrued amounts, disclaimers, liability limits, governing law and contact) survive termination. You may export your data where the product provides an export; otherwise contact legal@khapy.com.

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15. Availability and changes to the service or these Terms

Plain language: Features evolve. Material legal or product changes get appropriate notice before they apply.

Khapy may add, change or remove features, providers or interfaces as the service evolves, including adding new channels, models or analytics. We do not promise uninterrupted or error-free availability unless expressly offered in a service-level commitment that actually applies to your plan. When we make material changes to these Terms or to the Privacy Policy, we provide appropriate notice (e.g., in-product notice and update of effective date/version and change summary) and, where required, seek renewed agreement before the change applies to you. Continued use after the updated Terms take effect constitutes acceptance. If you do not agree, you should stop using the service before the new version applies.

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16. Disclaimers

Plain language: The service is provided as described. Mandatory consumer rights remain protected.

To the fullest extent permitted by applicable law, Khapy is provided on an "as is" and "as available" basis without warranties beyond what is expressly stated in these Terms or in a specific plan commitment. We do not warrant that AI outputs will be accurate, complete or suitable for your purposes, or that the service will meet all of your marketing goals. Nothing in these Terms excludes rights that the law does not permit Khapy to exclude, including non-excludable consumer protections under Zambian law where they apply. Any disclaimer is applied narrowly and only to the extent permitted by law.

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17. Liability

Plain language: Liability is limited proportionately and only as the law allows. Draft limitation requires counsel approval.

Unless a stronger liability cap has been agreed in a signed order or enterprise agreement that actually applies to you, Khapy's aggregate liability arising from or relating to the service is limited as counsel approves for the service and jurisdiction — this placeholder text requires legal review and must not be relied on as the final cap. We do not rely on an overbroad "everything is at your own risk" clause. We are not liable for indirect, incidental or consequential losses, loss of profits or loss of data to the extent such exclusion is permitted by applicable law. Where law requires us to be liable (e.g., for certain consumer protections, fraud or willful misconduct), that liability is not excluded. This section is marked as requiring counsel approval and is BLOCKED from publication in its placeholder form if a cap cannot be proven or agreed.

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18. Indemnity

Plain language: You indemnify Khapy only for narrow, enforceable cases, not blanket risk transfer.

Where permitted by law and only to the extent necessary, you agree to indemnify and hold harmless Khapy against claims arising from your misuse of the service, your violation of law or third-party rights, or customer data you provided without necessary permission, including reasonable costs incurred to address such claims. This indemnity is drafted narrowly to be enforceable and does not extend to Khapy's own negligence or willful misconduct. Interpret this clause only after legal review in the applicable jurisdiction.

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19. Governing law and disputes

Plain language: Zambia law is the primary basis, with the actual forum to be confirmed by counsel.

This draft identifies Zambia as the primary jurisdiction for a Zambia-first deployment, consistent with the Zambia Data Protection Act, 2021 and Zambia Electronic Communications and Transactions Act, 2021 baseline. The intended governing law, forum and dispute-resolution path (e.g., negotiation, mediation, courts or arbitration) are to be stated here only after legal review for the jurisdictions and customer segments Khapy actually serves. Do not treat this placeholder as the final governing-law clause. For complaints or disputes, contact legal@khapy.com first; we aim to resolve matters promptly without unnecessary litigation. Regulator or court routes remain available as provided by law.

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20. Contact and notices

Plain language: Legal notices go to the addresses shown. Keep your own contact details current.

For questions about these Terms, contact legal@khapy.com. For privacy matters, contact privacy@khapy.com. Notices to you may be sent via in-product notification, email to your registered address, or publication of an updated version with its effective date. Notices to Khapy should be sent to the legal or privacy address above. Effective date and version are at the top of this page; prior versions are retained for audit once published. This document is marked as a forensic draft — not a substitute for qualified legal advice and blocked from production until counsel review is recorded.

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This policy is a forensic draft grounded in the actual Khapy architecture (auth, Business Brain, media, distribution, billing) and is not a substitute for review by qualified counsel before production publication. Prior versions are retained for audit once published.