Terms of Service

1. Agreement & Acceptance

By accessing, creating an account on, or using Tavio (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). Tavio is provided by Tavio Inc. ("Company," "we," "us," or "our"). If you do not agree to these Terms, you may not use the Platform.

These Terms apply to all users, including financial institutions, SACCOs, banks, and other organizations ("Customers") and their team members ("Users") using the Platform. Continued use of the Platform constitutes your acceptance of these Terms.

2. Service Description

Tavio is an AI-powered agent platform designed to handle customer conversations across multiple channels including voice calls, SMS, WhatsApp, USSD, Twitter/X, Facebook Messenger, Instagram Direct, Telegram, web chat widgets, and other communication channels. The Platform provides:

• • Multi-channel conversation management with AI-powered responses
• • Knowledge base integration (RAG - Retrieval Augmented Generation)
• • Real-time voice call handling and transcription
• • Conversation analytics and reporting
• • Team management and role-based access control
• • Escalation workflows to human agents
• • Custom AI model configuration
• • Integration with third-party services and APIs

3. Account Registration & Security

3.1 Account Creation
To use the Platform, you must create an account with accurate, complete, and truthful information. You are responsible for maintaining the confidentiality of your account credentials and password. You agree to accept responsibility for all activities that occur under your account.

3.2 Email Verification
Account activation requires email verification. You must provide a valid, monitored email address. You agree to maintain access to this email and respond to verification requests within the specified timeframe.

3.3 Account Security
You are responsible for protecting your account from unauthorized access. You agree to notify us immediately of any unauthorized use or security breach. We are not responsible for losses due to compromised credentials.

3.4 Multi-Tenant Isolation
Tavio enforces strict data isolation between separate tenant accounts. Your organization's data is isolated from all other organizations at the database level through row-level security policies.

4. Acceptable Use Policy

You agree not to use the Platform for:

• • Illegal activities or violation of any laws or regulations
• • Harassment, abuse, threats, or discrimination
• • Fraud, phishing, or deceptive practices
• • Unauthorized access to systems or data
• • Malware distribution or system attacks
• • Spamming or unsolicited communications violating applicable laws (e.g., GDPR, TCPA, Kenya's E-Commerce Act)
• • Intellectual property infringement
• • Processing data in violation of applicable privacy laws
• • Circumventing security or access controls
• • Excessively consuming resources that disrupt service for others
• • Trading or selling account credentials or API keys
• • Impersonation or false representation of identity

Violations may result in immediate account suspension or termination without refund, and legal action if necessary.

5. Financial Institutions & Data Handling

5.1 Regulatory Compliance
Tavio is designed to support financial institutions, banks, and SACCOs. You remain solely responsible for ensuring your use of the Platform complies with all applicable laws, including:

• • Central Bank of Kenya (CBK) regulations and guidelines
• • Kenya Data Protection Act (KDPA)
• • General Data Protection Regulation (GDPR) for EU customers
• • Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements
• • Bank of Tanzania (BoT) and Tanzania-specific regulations
• • SACCO regulatory requirements in your jurisdiction
• • Consumer protection and financial transaction laws

5.2 Customer Data Responsibility
You acknowledge that you collect, process, and handle customer data (financial information, account details, transaction records, etc.) through the Platform. You are the data controller and remain solely responsible for:

• • Obtaining lawful basis and consent for data processing
• • Implementing necessary data protection measures
• • Managing data retention and deletion according to regulations
• • Reporting data breaches to authorities and affected individuals
• • Respecting customer privacy rights (access, rectification, deletion)
• • Training staff on data protection and security

5.3 Data Processing Agreement
When you process personal data through Tavio, we act as a data processor. Data processing is governed by our Data Processing Agreement (DPA), which is executed separately and incorporated by reference. You must ensure you have appropriate legal basis before processing any personal data.

5.4 Sensitive Information Handling
You must not intentionally transmit highly sensitive financial data (credit card numbers in full, banking credentials, etc.) through the Platform chat or voice channels without appropriate encryption or masking. We strongly recommend implementing PII (Personally Identifiable Information) masking on the Platform and in your knowledge base documents.

6. Intellectual Property Rights

6.1 Platform IP
All content, features, functionality, software, code, and design of the Platform are owned by Tavio and protected by international copyright, trademark, and patent laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform according to these Terms.

6.2 Your Content
You retain ownership of all content you create, upload, or input into the Platform ("Your Content"). By using the Platform, you grant us a limited, worldwide license to use Your Content to provide and improve the Platform.

6.3 Feedback
Any feedback, suggestions, or improvement ideas you provide become our property and may be used without compensation.

6.4 Third-Party IP
You agree not to upload, transmit, or use any content that infringes third-party intellectual property rights. We respect intellectual property and will respond to valid DMCA takedown notices.

7. Limitation of Liability

7.1 Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.2 Limitation of Damages
IN NO EVENT SHALL TAVIO BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 Liability Cap
OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow limitation of liability, so this may not apply to you.

7.4 Third-Party Services
The Platform integrates with third-party services (Twilio, Meta, Africa's Talking, ElevenLabs, Google, OpenRouter, etc.). We are not responsible for their downtime, data loss, or service failures. You are responsible for understanding their terms and monitoring their service status.

8. Service Level & Availability

8.1 Service Availability
While we strive for high availability, we do not guarantee 100% uptime. The Platform may experience scheduled maintenance, updates, or unplanned outages.

8.2 Service Level Agreements (SLAs)
Standard plans include best-effort support. Enterprise plans may include specific SLA guarantees (99.99% uptime, 2-hour response times, etc.), detailed in the Enterprise Service Level Agreement.

8.3 Maintenance
We may perform maintenance with or without notice. We will attempt to schedule maintenance during off-peak hours but cannot guarantee this.

9. Payment & Billing

9.1 Pricing & Billing
Pricing is displayed on our website and is subject to change with 30 days' notice. Your monthly or annual subscription will be automatically billed on your billing date. Billing continues until you cancel your subscription.

9.2 Taxes
You are responsible for any applicable sales tax, VAT, or other taxes. We will add applicable taxes to your invoice unless you provide a valid tax-exempt certificate.

9.3 Refunds
Refunds are generally not provided for monthly subscriptions. Annual subscriptions may be eligible for a refund within 14 days of purchase. Free tier usage generates no refunds. Enterprise customers should refer to their specific contract.

9.4 Revenue Share Model
The Platform offers a revenue-share option where we take 15% of verified cost savings. You pay nothing until Tavio demonstrably saves your organization money. Details are provided during onboarding.

9.5 Payment Method
All payments are processed through third-party payment processors. You agree to provide accurate billing information and authorize automatic charges.

10. Termination & Suspension

10.1 Termination by You
You may cancel your subscription at any time by logging into your account or contacting our support team. Cancellation is effective at the end of your billing cycle. No refunds are issued for partial months.

10.2 Termination by Us
We may terminate your account if:

• • You violate these Terms or our Acceptable Use Policy
• • You engage in illegal activity or fraud
• • Your account is inactive for 12 consecutive months
• • You fail to pay your subscription for 30 days after invoice
• • We are required to do so by law or regulatory authorities

10.3 Data Upon Termination
Upon account termination, we will delete your data after a 30-day grace period. You may request expedited deletion. You are responsible for backing up your data before termination.

10.4 Suspension
We may immediately suspend your account if you violate our Acceptable Use Policy or if we detect security threats. Suspension is separate from termination and may be temporary.

11. Data Security & Compliance

11.1 Security Measures
We implement industry-standard security measures including:

• • End-to-end encryption for data in transit (TLS 1.3)
• • Encryption at rest for stored data (AES-256)
• • Row-level security (RLS) for multi-tenant data isolation
• • Regular security audits and penetration testing
• • Staff access controls and authentication
• • Monitoring for suspicious activity

11.2 Infrastructure
The Platform is hosted on Supabase (PostgreSQL database) and Vercel (application hosting), both based in North America. Data may be replicated or backed up in multiple geographic locations.

11.3 Breach Notification
In the event of a data breach, we will notify affected customers within 72 hours as required by applicable law. You remain responsible for notifying your customers and regulatory authorities.

11.4 No Guarantee
While we maintain robust security, no system is perfectly secure. We do not guarantee that unauthorized access will never occur. You use the Platform at your own risk and should maintain your own backup systems.

12. GDPR & Privacy Rights

12.1 GDPR Compliance
If you are an EU customer or process personal data of EU residents, GDPR applies. We provide a Data Processing Agreement that establishes roles and responsibilities. You must ensure you have appropriate legal basis for processing (consent, contract, legitimate interest, etc.).

12.2 Customer Rights
You have the right to:

• • Access your personal data (right of access)
• • Correct inaccurate data (right to rectification)
• • Delete your data (right to be forgotten)
• • Restrict processing (right to restriction)
• • Receive data in portable format (right to portability)
• • Object to processing (right to object)

To exercise these rights, contact us at the email address in the Contact section below. We will respond within 30 days.

13. Disclaimer of Warranties

TAVIO MAKES NO WARRANTY THAT:

• • THE PLATFORM IS ERROR-FREE OR UNINTERRUPTED
• • AI RESPONSES ARE ALWAYS ACCURATE OR APPROPRIATE
• • THE PLATFORM IS SECURE FROM ALL ATTACKS
• • THIRD-PARTY SERVICES (TWILIO, OPENROUTER, ETC.) WILL FUNCTION RELIABLY
• • YOUR CONVERSATIONS WILL NEVER BE INTERRUPTED OR LOST

You use the Platform at your own risk. Always review AI-generated responses for accuracy before sending to customers.

14. Indemnification

You agree to indemnify and hold Tavio harmless from any claims, damages, or losses arising from:

• • Your violation of these Terms
• • Your use of the Platform in violation of law
• • Your infringement of third-party intellectual property rights
• • Your handling of customer data or financial information
• • Your violation of customer privacy or financial regulations
• • Claims by your customers or business partners related to your use of Tavio

15. Modifications to Terms

We may modify these Terms at any time. Material changes will be posted on this page with an updated "Last updated" date. Your continued use of the Platform after changes constitutes acceptance of the new Terms. If you do not accept the changes, you must cancel your subscription.

16. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the courts of Nairobi, Kenya.

If you are an EU resident, you may also have rights under GDPR regardless of this choice of law.

17. Dispute Resolution

17.1 Good Faith Negotiation
Before initiating legal proceedings, the parties agree to attempt good faith negotiation for 30 days to resolve any dispute.

17.2 Arbitration
If negotiation fails, disputes may be resolved through binding arbitration administered by Kenya's Nairobi Center for International Arbitration (NCIA) under Kenya's Arbitration Act, 1995.

17.3 Exceptions
Either party may seek injunctive relief in any court of competent jurisdiction to prevent unauthorized access or intellectual property infringement.

18. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be reformed to the minimum extent necessary, and the remaining provisions continue in full force and effect.

19. Entire Agreement

These Terms, including the Privacy Policy, Cookie Policy, and Data Processing Agreement (if executed), constitute the entire agreement between you and Tavio regarding your use of the Platform. These Terms supersede all prior negotiations, understandings, and agreements.

20. Contact Information

For questions about these Terms, to report violations, or to exercise your data rights, contact us at: