Terms of Service

These Terms of Service (the "Terms") form a legally binding agreement between you and White Lions Group Pty Ltd ("Kaanha AI", "we", "us", or "our") governing your access to and use of the Kaanha AI platform, the kaanha-mobile mobile application, our APIs, our websites at kaanha.ai and any associated subdomains, and any related services (collectively, the "Service"). These Terms supersede the version dated March 24, 2026 and any earlier published version.

The Service is incorporated together with the Privacy Policy, the Data Processing Addendum, the Acceptable Use Policy, the Refund Policy, the Sub-processor List, and (where you subscribe to a Premium or Enterprise plan) the White-Label Addendum into a single agreement (the "Agreement").

1. Acceptance of Terms

By accessing or using the Service, by creating an account, by clicking "I agree" (or any equivalent affirmative control), or by using any Kaanha AI API or mobile application, you accept these Terms and agree to be bound by them. If you are accessing or using the Service on behalf of a company, partnership, government entity or any other legal person (the "Customer" or "Organization"), you represent and warrant that (a) you are duly authorized to bind that Organization to this Agreement, (b) you have read these Terms in full, and (c) the Organization accepts these Terms. In that case "you" in this Agreement refers to that Organization.

If you do not agree to these Terms, you must not access or use the Service. We may decline to provide the Service to any prospective Customer at our sole discretion.

You must be at least 18 years old (or the age of legal majority in your jurisdiction, whichever is greater) to use the Service. The Service is not directed to children and we do not knowingly collect data from children under 16.

2. Definitions

• "Service" means the Kaanha AI multi-tenant SaaS platform, including the web application, the kaanha-mobile mobile application, the public APIs, voice agent infrastructure, and all related features described at kaanha.ai.
• "Customer" means the legal entity or individual that has subscribed to or registered for the Service.
• "Authorized User" means an individual to whom the Customer grants access to the Service under the Customer's account, such as employees, contractors and agents acting on the Customer's behalf.
• "End-User" means any third party with whom the Customer interacts through the Service — for example, the Customer's own contacts, leads, customers or message recipients on WhatsApp, SMS, voice or other channels.
• "Customer Data" means all data and content the Customer or its Authorized Users submit to or generate within the Service, including contact records, message content, attachments, knowledge base files, voice agent prompts, configuration, and AI conversation logs.
• "End-User Data" means Personal Data of End-Users that the Customer processes through the Service. The Customer is the controller and Kaanha AI is the processor of End-User Data.
• "Personal Data" means information that identifies or relates to an identified or identifiable natural person, as defined under the Australian Privacy Act 1988, the EU/UK GDPR, the California Consumer Privacy Act (CCPA/CPRA) and equivalent laws.
• "Sub-processor" means a third-party service provider engaged by Kaanha AI to process Customer Data, as enumerated at /sub-processors.
• "Plan" means a subscription tier (Free, Starter, Pro, Premium or Enterprise) selected by the Customer.
• "AI Credits" means the metered allowance of AI tokens included in a Plan, where 1 AI Credit equals 1,000 tokens of input or output processed by the underlying AI model.

3. Service Description

Kaanha AI is a multi-tenant Software-as-a-Service platform that unifies customer messaging across WhatsApp Business, SMS, voice (rolling out), Slack, Notion, web chat and a native mobile inbox. The Service includes:

• WhatsApp Business messaging using the official Meta WhatsApp Cloud API (one-to-one, broadcast, templates, group sync via the Connect bridge).
• SMS messaging via Twilio under your or our Twilio account, in accordance with TCPA, CTIA and other applicable telecommunications laws.
• Voice agents (rolling out) using a locked stack of Sarvam STT, Google Gemini Flash LLM and Sarvam or Deepgram TTS, with telephony delivered via Twilio. Voice features are made available to Customers progressively; availability is communicated in-app.
• AI chatbots running on Google Gemini Flash and OpenAI GPT-4o-mini, configurable per task category, with mandatory human-handoff keywords and AI pre-disclosure as required by Meta WhatsApp Business Policy.
• CRM and pipeline tools including contacts, companies, pipelines, deals, tasks, knowledge base, broadcasts, analytics and team collaboration.
• Public REST and MCP APIs for programmatic access.
• Mobile application (kaanha-mobile, iOS App Store) providing a scoped operator inbox.
• White-label tenant branding on Premium and Enterprise plans (custom domain, brand color, logo, favicon, optional removal of "Powered by Kaanha" on verified custom domains).

We continually develop the Service. We may add, modify, or discontinue features at our discretion. Where we discontinue a feature you actively use on a paid Plan, we will provide reasonable prior notice and, where appropriate, a migration path or pro-rated credit.

4. Account Registration

• You must provide accurate, current and complete registration information and keep it up to date. We may suspend or terminate accounts based on inaccurate or fraudulent registration information.
• Each Organization may operate a single primary account on the Service. You may add Authorized Users up to your Plan's seat limit. You are responsible for the acts and omissions of your Authorized Users as if they were your own.
• Multi-Factor Authentication (MFA) is strongly recommended for all Authorized Users and is mandatory for accounts on Premium and Enterprise plans where the Customer enables enforced MFA.
• You may not register an account for a sanctioned individual or entity, nor from a jurisdiction subject to comprehensive trade sanctions imposed by the Australian Government, the United States Government, the European Union, or the United Nations.
• One natural person or one legal entity per registered account; sharing of login credentials between unrelated Organizations is prohibited.

5. Subscription, Plans & Billing

Effective April 26, 2026, the Service is offered on a subscription basis. The previous pay-as-you-go credit model has been retired for new signups; existing credit-based accounts have been migrated to subscription equivalents.

5.1 Plan Matrix

All prices are in United States Dollars (USD) and exclusive of applicable taxes (such as GST in Australia or VAT in the EU/UK), which will be added where required by law.

5.2 AI Credits and Model Restrictions

• 1 AI Credit = 1,000 tokens of combined input plus output consumed by the underlying AI model.
• AI features are available only on Pro, Premium and Enterprise plans. The Free and Starter plans do not include any AI Credits.
• AI usage is locked to Google Gemini Flash and OpenAI GPT-4o-mini. Bring-Your-Own-Key (BYOK) is available only on Enterprise plans under a signed amendment.
• AI Credits refresh on each billing cycle and do not roll over to subsequent cycles unless explicitly stated in your order form.
• When an Organization's monthly AI Credit balance reaches zero, AI inference is soft-blocked: existing conversations queue an automatic human handoff and new AI responses are suspended until the next cycle, the Customer upgrades, or the Customer purchases an Add-on AI Credit pack (where offered).
• AI Credits are non-refundable, non-transferable between Organizations, and have no cash value.

5.3 Free Trial

We offer a 14-day free trial of the Pro plan at signup, with no payment method required. At the end of the trial, your account will revert to the Free plan unless you actively select and pay for a Plan. We may modify or withdraw the trial offer at any time.

5.4 Payment, Renewal and Cancellation

• Paid Plans are billed in advance monthly or annually through Stripe in USD. Razorpay (INR) and PayPal integrations remain in our codebase but are inactive for new signups unless we explicitly enable them for your Organization in writing.
• Subscriptions auto-renew at the end of each billing period at the then-current list price for your Plan, unless you cancel before the renewal date through your billing settings or by emailing support@kaanha.ai.
• You may cancel a monthly subscription at any time. Cancellation takes effect at the end of the current paid period; you retain access until that date and no partial refund is issued.
• Annual subscriptions cancelled within 14 days of purchase are eligible for a pro-rated refund of unused months. After 14 days, no refund is issued and the subscription continues to its anniversary.
• The Free plan is genuinely free and may remain active indefinitely, subject to the Acceptable Use Policy and these Terms. We reserve the right to deactivate Free accounts that have been inactive for 12 consecutive months, after 30 days of advance notice.
• Failed payments will result in a 7-day grace period during which we will retry billing. After grace period expiry, the account is suspended; data is retained for 30 days, then permanently deleted unless billing is resolved.
• Enterprise Plans are billed under a signed Master Services Agreement (MSA) or Order Form which controls in the event of conflict with Section 5.

5.5 WhatsApp Conversation and Telephony Pass-Through

• WhatsApp: Meta bills the Customer's own WhatsApp Business Account (WABA) directly for conversation fees and template charges. Kaanha AI charges zero markup on WhatsApp conversations and is not the merchant of record for those charges.
• SMS: SMS sent through your own Twilio sub-account or Bring-Your-Own-Carrier (BYOC) connection is billed by Twilio or your carrier directly. Where you elect to use Kaanha AI's pooled Twilio account, SMS is charged on a metered basis at the rates published in your Plan settings.
• Voice: Voice minutes consumed via the Kaanha AI voice engine are charged on a metered basis at the rates published in your Plan settings or Order Form. Telephony pass-through (Twilio or BYOC) is billed by the underlying carrier.

5.6 Taxes

You are responsible for all sales, use, value-added, goods-and-services or similar taxes assessed on your subscription, except for taxes on our net income. Where Australian GST applies, prices are exclusive of GST and we will issue a tax invoice. Where reverse-charge VAT applies in the EU/UK, you are responsible for accounting for VAT.

6. WhatsApp Business Policy Compliance

Your use of WhatsApp through the Service is also governed by the WhatsApp Business Messaging Policy and the Meta Business Terms. You agree to comply with both. The following obligations apply at minimum:

• Opt-In Requirement: You must obtain explicit, recorded opt-in consent from each contact before sending any message. The opt-in must clearly identify you as the sender and the type of messages the contact will receive. The platform enforces opt-in checks at the API layer.
• Opt-Out Compliance: The platform automatically processes the opt-out keywords STOP, UNSUBSCRIBE, CANCEL, QUIT, END and BLOCK, and re-subscription via START. You must not attempt to circumvent or override automatic opt-out handling.
• 24-Hour Conversation Window: Free-form messages may only be sent within 24 hours of the contact's last inbound message. Outside this window, only Meta-approved templates may be sent.
• Approved Templates: All marketing, utility and authentication messages outside the 24-hour window must use templates approved by Meta. You are responsible for template content and for any rejection or category change imposed by Meta.
• Prohibited Content: You must not use the Service to send messages containing hate speech, harassment, sexually explicit content, violence, weapons, illegal substances, fraudulent claims, deceptive practices, regulated goods (firearms, tobacco, alcohol where prohibited), adult content, gambling where prohibited, or any other category prohibited under WhatsApp policy.
• AI Pre-Disclosure (Mandatory): Where an AI agent will respond, the platform sends the following disclosure as the first message of any AI interaction: "You are chatting with an AI assistant. Reply HUMAN at any time to speak with a person." You may localize but not remove this disclosure.
• Task-Specific AI Requirement (Meta January 2026): Each AI agent must be assigned a specific business task category at creation time — customer support, FAQ, order tracking, appointment booking, lead qualification or similar. General-purpose or open-ended AI assistants are not permitted on WhatsApp.
• AI as Incidental Service: The AI must remain incidental to your underlying business service on WhatsApp. The AI must not be the primary product offered to End-Users.
• Human Escalation Guarantee: The platform always honors the handoff keywords HUMAN, AGENT, PERSON and configurable synonyms. This handoff cannot be disabled.

You are solely responsible for ensuring that your WhatsApp Business Account remains in good standing with Meta. Suspension, deactivation or quality-rating degradation imposed on your WABA by Meta is your responsibility, not ours, and does not entitle you to a refund or service credit.

7. SMS & TCPA Compliance

When you use SMS through the Service, your use is also governed by the Twilio Acceptable Use Policy, the U.S. Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, the Australian Spam Act 2003, the Canadian CASL and other applicable laws.

• Prior Express Written Consent: You must obtain prior express written consent from each recipient for promotional SMS, and prior express consent (which may be oral, where permitted) for transactional SMS. You must retain proof of consent for at least four years.
• Opt-Out Processing: The Service automatically processes STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT; re-subscription via START, YES, UNSTOP; and HELP / INFO returns mandatory support information. Opt-outs are immediate and irrevocable until the contact re-subscribes.
• Sender Identification: All SMS must clearly identify your business as the sender.
• 10DLC, Toll-Free and Short Code Registration: For SMS to U.S. numbers you are responsible for completing campaign and brand registration (10DLC), toll-free verification or short-code registration as applicable. We provide tooling but the contractual relationship and verification responsibility rest with you.
• Quiet Hours: You agree to respect quiet hours required under applicable law (typically 8:00 a.m. to 9:00 p.m. recipient local time in the U.S.).
• Prohibited Content: SHAFT-C content (Sex, Hate, Alcohol where prohibited, Firearms, Tobacco, Cannabis), gambling where prohibited, payday lending, debt collection in violation of law, multi-level marketing schemes, phishing or fraud are prohibited.

Kaanha AI provides the technical infrastructure, opt-out automation and consent-storage hooks. You are solely responsible for the legal basis of your SMS campaigns.

8. Voice Service Terms

Voice agents are progressively rolling out from staging to production. Voice functionality, where enabled, runs on a locked stack of Sarvam (speech-to-text), Google Gemini Flash (LLM) and Sarvam or Deepgram (text-to-speech), with telephony delivered through Twilio or a Bring-Your-Own-Carrier (BYOC) connection you configure.

• Call Recording and Transcripts: Where you enable recording or transcription, you must comply with the call-recording, wiretap and consent laws of every jurisdiction in which you or the called party are located, including U.S. state two-party-consent laws (e.g., California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania, Washington), the Australian Telecommunications (Interception and Access) Act, the EU/UK GDPR and ePrivacy Directive. You are responsible for serving in-call disclosures.
• Recording Retention: Recordings and transcripts are retained for the period configured per voice agent. Default retention is 30 days for recordings and 90 days for transcripts unless a longer period is contractually agreed. You may delete recordings on demand from the voice agent UI.
• Telephony Provider Terms: Use of Twilio Voice is also subject to Twilio's Terms of Service and Acceptable Use Policy. BYOC providers (e.g., Plivo, Vonage, Exotel, generic SIP) are governed by your direct agreement with the carrier.
• Caller Opt-Out: You must honor every caller's request to terminate the call, transfer to a human, or be added to your internal do-not-call list. The voice engine respects in-call human-handoff phrases.
• Robocall and TCPA: Outbound voice calls placed using the Service are subject to TCPA, Do-Not-Call Registry rules, FCC robocall regulations and equivalent rules in your jurisdiction. You are responsible for consent and identification (caller ID, opt-out IVR, name disclosure).
• Emergency Services: The Service is not a substitute for traditional telephony and must not be relied on for emergency calls (000, 911, 112, 999, 119 etc.). The voice engine does not guarantee delivery of, or location data for, emergency calls.

9. AI Chatbot Terms

• Task Assignment: Per Meta's January 2026 policy update, each AI agent must be configured against a specific business task at creation. We will refuse to enable an AI agent without a task category.
• Mandatory Pre-Disclosure: Every AI conversation begins with a disclosure that the recipient is interacting with an AI assistant and may request a human at any time. You may localize the disclosure but you may not remove or hide it.
• Human Handoff: The handoff keywords (HUMAN, AGENT, PERSON and configurable synonyms) cannot be disabled. You are responsible for ensuring that human operators are reachable when handoffs occur during your business hours.
• Content Safety: AI responses are filtered against prohibited categories (medical advice, financial recommendations, legal advice, self-harm, violence, sexual content). Filtered responses fall back to a safe message and an automatic handoff. Filtering is best-effort and not a substitute for your own monitoring.
• Customer Responsibility for Configuration: You are solely responsible for the system prompts, instructions, knowledge base content and tools you configure for an AI agent. AI output is generated by third-party models and is not pre-reviewed by Kaanha AI.
• Contact Consent: AI agents may only be exposed to End-Users who have opted in to receive messages from your business. You must not deploy AI to cold contacts.
• Data Sent to AI Providers: When AI is enabled, message content, contact identifiers (name, phone, tags) and configured knowledge are processed by Google Gemini and OpenAI. See the Privacy Policy and Sub-processor List for details.
• No AI Decisions With Legal Effect: You must not configure AI agents to make decisions that produce legal or similarly significant effects concerning End-Users without meaningful human review (Article 22 GDPR analogue).

10. Acceptable Use

Your use of the Service is governed by the Acceptable Use Policy. Without limiting the AUP, you must not:

• send unsolicited bulk messages (spam) on any channel;
• harass, threaten, defame, stalk or abuse any person;
• distribute malware, ransomware, viruses, phishing or fraud;
• violate any applicable law, regulation, regulatory requirement or third-party right;
• attempt to circumvent rate limits, usage caps, security controls, fair-use limits or anti-abuse systems;
• resell, sublicense, white-label or expose the Service to third parties except under an executed Premium or Enterprise plan and the White-Label Addendum;
• reverse engineer, decompile, scrape or attempt to derive the source code of the Service except to the extent expressly permitted by mandatory law;
• use the Service to build a competing product, benchmark publicly without our consent, or train any machine-learning model on Service output;
• upload Personal Data of categories you are not authorized to process (special category data, child data without parental consent, financial data outside PCI scope, biometric data outside lawful basis, genetic or health data outside a valid HIPAA/State equivalent BAA where required).

11. White-Label & Reseller Terms

Premium and Enterprise plans include white-label features: custom domain, brand color, logo, favicon, and (on a verified custom domain) the option to remove the "Powered by Kaanha" mark. Detailed terms are set out in the White-Label Addendum, which is incorporated by reference. By enabling white-label, you accept the Addendum.

• You may operate the Service under your own brand for the benefit of your own End-Users. You remain the data controller for End-User data; Kaanha AI is the processor.
• You represent and warrant that you have authority over the End-Users to whom you make the Service available, that you maintain a privacy notice and lawful basis covering their data, and that you will not present the Service in a way that conflicts with the underlying terms of Meta, Twilio, Stripe, Apple, Google or any other upstream provider.
• You are solely responsible for support, billing, taxes and consumer-protection obligations to your End-Users, including refund handling and complaint resolution.
• You may not represent yourself as Kaanha AI or as an agent of White Lions Group Pty Ltd. Removal of the "Powered by" mark does not transfer ownership of the underlying Service.
• Termination of your underlying subscription terminates white-label rights and requires you to remove all Kaanha AI branding tooling within 30 days.

12. Mobile App Terms

• The kaanha-mobile application ("Mobile App") is distributed through the Apple App Store. Your use is also governed by the Apple Licensed Application End User License Agreement (EULA). Where these Terms conflict with the Apple EULA in respect of your use of the Mobile App on iOS, the Apple EULA controls.
• Apple Inc. is not a party to this Agreement and is not responsible for the Mobile App. Apple is a third-party beneficiary entitled to enforce these Terms against you in respect of the Mobile App.
• Biometric Authentication: Where you enable Face ID, Touch ID or other biometric sign-in, biometric data never leaves your device and is handled solely by your operating system. Kaanha AI does not receive or store biometric data.
• Push Notifications: Push notifications require your explicit consent through your device's notification settings. You may revoke this consent at any time.
• Offline Mode: The Mobile App may cache certain data on-device to enable an offline indicator and limited offline access. Cached data is cleared on logout, on uninstall, or after the cache TTL expires.
• Updates: You agree to install reasonable updates to the Mobile App. We may end support for older Mobile App versions on reasonable notice.
• These Terms constitute the agreement between you and Kaanha AI for the Mobile App; Apple has no obligation to provide any maintenance and support services with respect to the Mobile App.

13. Account Responsibilities & Security

• You are responsible for safeguarding your account credentials, API keys, webhook secrets, OAuth tokens and any other authentication material.
• You must rotate any credential you reasonably suspect to be compromised. API keys may be revoked and regenerated at any time from your Settings page.
• You are responsible for all activity that occurs under your account, including actions by Authorized Users and actions performed via API.
• You must promptly notify security@kaanha.ai of any unauthorized access, compromise, or material security incident affecting your account.
• You agree to use up-to-date browsers and operating systems and to follow reasonable security hygiene (strong passwords, MFA where offered, principle of least privilege when assigning roles).

14. Customer Data, Ownership & License

As between you and Kaanha AI, you retain all right, title and interest in and to Customer Data and End-User Data. We claim no ownership of Customer Data.

You grant Kaanha AI a worldwide, non-exclusive, royalty-free, time-limited license to host, process, transmit, copy, display and modify Customer Data solely to (a) provide and improve the Service to you, (b) prevent or address technical or security issues, (c) enforce these Terms, and (d) comply with applicable law. The license terminates when the corresponding Customer Data is deleted from the Service.

Roles under data protection law: You are the controller (or business) of End-User Data. Kaanha AI is the processor (or service provider). The Data Processing Addendum forms part of this Agreement and applies whenever Customer Data includes Personal Data subject to GDPR, UK GDPR, the Australian Privacy Act, CCPA/CPRA or equivalent law.

Kaanha AI does not use Customer Data to train general-purpose AI models. Where you optionally enable analytics or model fine-tuning features, additional terms are presented in-app and apply only to the data you affirmatively designate.

15. Sub-Processors

We use the sub-processors listed at /sub-processors to deliver the Service. The list is the canonical reference and is updated as we engage or remove sub-processors.

• We will provide at least 30 days' prior notice before engaging a new sub-processor with material access to Customer Data, by updating the sub-processor list and (for Customers subscribed to email notifications) emailing the Customer's billing contact.
• You may object to a new sub-processor on reasonable data-protection grounds by emailing privacy@kaanha.ai during the notice period. We will work in good faith to resolve the objection; if we cannot, you may terminate the affected portion of the Service for the remainder of the notice period as your sole remedy.
• We require each sub-processor to be bound by data protection terms no less protective than those in our DPA.

16. Intellectual Property

Kaanha AI and its licensors retain all right, title and interest in and to the Service, including the underlying software, infrastructure, models, documentation, trademarks ("Kaanha", "Kaanha AI", "White Lions Group" and associated marks), logos and trade dress. Except for the limited rights expressly granted in these Terms, no rights are granted to you.

You retain all right, title and interest in your Customer Data. You also retain ownership of any content, configuration, prompts, knowledge base material or integrations you create within the Service.

Feedback License: If you provide feedback, suggestions, ideas or feature requests, you grant Kaanha AI a perpetual, irrevocable, royalty-free, transferable, sublicensable license to use that feedback to improve the Service, with no obligation to compensate or attribute you.

17. Confidentiality

Each party (the "Receiving Party") will protect the Confidential Information of the other party (the "Disclosing Party") with at least the same care it uses to protect its own confidential information of similar importance, but in no event less than reasonable care. The Receiving Party may use Confidential Information only to perform under this Agreement and may disclose it only to its personnel and advisors with a need to know who are bound by confidentiality obligations no less protective than those in this Section.

Confidentiality obligations survive termination for a period of three (3) years, except that obligations relating to trade secrets continue for as long as the information remains a trade secret under applicable law.

Confidential Information does not include information that (a) is or becomes publicly available without breach, (b) was known to the Receiving Party without restriction before disclosure, (c) is rightfully received from a third party without confidentiality obligations, or (d) is independently developed without use of the Disclosing Party's Confidential Information.

18. Service Level Agreement (SLA)

Kaanha AI targets the following monthly uptime levels, measured over rolling calendar months for the production web application and core APIs.

Service Credits: If monthly uptime falls below the target applicable to your Plan, you may request a credit equal to one (1) day of subscription fees per 0.1% below target, capped at thirty (30) days of fees per affected month. Credits are applied to future invoices and are the sole and exclusive remedy for SLA shortfalls.

Claim Window: Credits must be requested in writing within 30 days of the affected month, by emailing support@kaanha.ai with the affected Organization, dates and incident references. Current uptime is published at kaanha.ai/status.

Exclusions: SLA targets exclude (a) scheduled maintenance windows announced at least 48 hours in advance, (b) emergency security maintenance, (c) force majeure events, (d) outages or degradation in third-party providers including Meta WhatsApp, Twilio, Stripe, Sarvam, Deepgram, Google Gemini, OpenAI, Apple Push, Cloudflare, AWS, Railway and other sub-processors, (e) Customer-caused issues including misconfiguration, exhausted credits, expired credentials, prohibited use, or rate-limit violations, and (f) failures of the public internet outside our reasonable control.

19. Suspension & Termination

• Suspension for Cause: We may suspend or restrict the Service, in whole or in part, immediately on notice if (a) we reasonably believe your use poses a security, legal, regulatory or platform-policy risk to us, our infrastructure or our other Customers, (b) you are in material breach of these Terms, the AUP or applicable upstream policies (Meta, Twilio, Apple), (c) your payment is more than 14 days past due, or (d) we are required to suspend by law or court order.
• Termination for Cause: Either party may terminate this Agreement on written notice if the other party materially breaches the Agreement and fails to cure within 30 days of receiving written notice (or immediately for non-curable breaches such as IP infringement or repeated policy violation).
• Termination for Convenience: Either party may terminate a paid subscription on at least 90 days' prior written notice of non-renewal. The Customer may also cancel at any time per Section 5.4.
• Effect of Termination: Upon termination, your access ceases at the end of the paid period (or immediately, in the case of for-cause termination). Customer Data remains available for export for 30 days after termination, after which it is queued for permanent deletion within a further 60 days, subject to backup-retention cycles and legal hold.
• Survival: Sections 14 (Customer Data), 16 (IP), 17 (Confidentiality), 19 (Termination), 21 (Warranty Disclaimer), 22 (Limitation of Liability), 23 (Indemnification), 25 (Governing Law), and any other provisions that by their nature should survive, will survive termination.

20. Refund Policy Summary

Refund terms are set out in full at /refund-policy. In summary:

• Monthly subscriptions: Cancel anytime; access continues to the end of the current period; no partial refund.
• Annual subscriptions: Pro-rated refund on the unused months if cancelled within 14 days of purchase. After 14 days, no refund; service continues to the anniversary.
• Free trial: 14-day Pro trial. No charge if cancelled during the trial.
• Add-on AI Credit packs and metered usage: Non-refundable once consumed.
• Enterprise: Refunds, if any, are governed exclusively by your signed MSA or Order Form.

21. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAANHA AI AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

KAANHA AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL CODE BEYOND THE TARGETED LEVELS SET OUT IN SECTION 18, OR THAT AI OR MESSAGING OUTPUT WILL BE ACCURATE, TIMELY OR UNINTERRUPTED. CUSTOMER ACKNOWLEDGES THAT MESSAGING DELIVERY DEPENDS ON THIRD-PARTY CARRIERS AND PLATFORMS (META, TWILIO ETC.) WHICH ARE OUTSIDE KAANHA AI'S CONTROL.

Compliance Posture: Kaanha AI maintains internal controls mapped to the SOC 2 Trust Service Criteria. Kaanha AI is not currently SOC 2 certified. We do not represent any third-party certification we do not actually hold. The DPA and Privacy Policy describe our actual security and processing practices.

Nothing in this Section excludes any warranty, guarantee or right which cannot lawfully be excluded, including consumer guarantees under the Australian Consumer Law where applicable. Where such guarantees apply and cannot be excluded, our liability is limited (at our option) to re-supply of the Service or payment of the cost of re-supply.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KAANHA AI OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OPPORTUNITY, GOODWILL OR REPUTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

KAANHA AI'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO KAANHA AI IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100 USD).

Carve-Outs: The cap and exclusions in this Section do not apply to (a) Kaanha AI's indemnification obligations under Section 23, (b) the Customer's payment obligations, (c) either party's gross negligence, willful misconduct or fraud, (d) breach of confidentiality obligations resulting in unauthorized disclosure of the other party's Confidential Information, or (e) any liability that cannot lawfully be limited.

Each party acknowledges that the limits in this Section reflect a fair allocation of risk between the parties and form an essential basis of the bargain, and that in their absence the fees would be materially higher.

23. Indemnification

23.1 By Customer. You will defend, indemnify and hold harmless Kaanha AI, White Lions Group Pty Ltd, and their respective officers, directors, employees and agents from and against any third-party claim, action, demand or proceeding (and resulting damages, settlements and reasonable attorneys' fees) arising out of or related to (a) your or your Authorized Users' use of the Service in breach of this Agreement, the AUP or applicable law, (b) your Customer Data or End-User Data and your handling of it, (c) any communication sent through the Service by or on behalf of you (WhatsApp, SMS, voice, mobile push or otherwise), including TCPA, spam, defamation or privacy claims, (d) your breach of WhatsApp Business Policy, Twilio AUP or other upstream provider terms, and (e) claims by your End-Users (including under the white-label features) that would not have arisen but for your acts or omissions.

23.2 By Kaanha AI. Kaanha AI will defend, indemnify and hold harmless the Customer from any third-party claim alleging that the Service, when used as expressly permitted under this Agreement, infringes a third party's copyright, registered trademark or trade secret. Kaanha AI's obligation does not apply to claims arising from (a) Customer Data, (b) modifications to the Service not made by Kaanha AI, (c) combinations of the Service with products or data not provided by Kaanha AI where the claim would not have arisen but for the combination, or (d) use after Kaanha AI has notified the Customer to discontinue. In response to an actual or threatened claim, Kaanha AI may, at its option, (i) procure the right for the Customer to continue using the Service, (ii) modify the Service to be non-infringing, or (iii) terminate the affected portion of the Service and refund pre-paid, unused fees. Section 23.2 sets out Kaanha AI's sole liability and the Customer's sole remedy for IP infringement.

23.3 Procedure. The indemnified party will give the indemnifying party prompt written notice of the claim, sole control over its defense and settlement (provided no settlement imposes liability on or admits wrongdoing by the indemnified party without consent), and reasonable cooperation at the indemnifying party's expense.

24. Changes to Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' prior notice by posting the updated Terms at this URL with a new "Last updated" date and, where practicable, by emailing the Customer's billing contact or displaying an in-app notice. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree, you must stop using the Service before the effective date and may cancel for the remainder of any prepaid period for a pro-rated refund of unused months on annual plans.

Non-material changes (typo fixes, clarifications that do not reduce your rights, updates to sub-processor or partner names) take effect immediately on posting.

25. Governing Law & Dispute Resolution

25.1 Governing Law. This Agreement is governed by the laws of the State of New South Wales, Australia, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

25.2 Forum for Australian Customers. If you are domiciled in Australia, the courts of New South Wales (and the federal courts located there) have exclusive jurisdiction over disputes arising out of or related to this Agreement, and each party submits to that jurisdiction.

25.3 Arbitration for Non-Australian Customers. If you are domiciled outside Australia, any dispute arising out of or related to this Agreement that the parties cannot resolve informally within 60 days of written notice will be finally resolved by binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under its Rules. The seat of arbitration is Sydney, Australia. The arbitration will be conducted in English by a sole arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek interim or injunctive relief from a court of competent jurisdiction to protect IP or confidential information without waiving arbitration.

25.4 Class Action Waiver. To the extent permitted by law, all disputes will be resolved on an individual basis. You and Kaanha AI waive any right to participate in a class, collective or representative proceeding.

25.5 One-Year Limitation. Any claim arising out of or related to this Agreement must be brought within one (1) year of the date the claim accrued, or it is permanently barred, except where applicable law prohibits such limitation.

25.6 Mandatory Consumer Rights. Nothing in this Section limits any non-waivable right or remedy you may have as a consumer under applicable law, including the Australian Consumer Law.

26. Force Majeure

Neither party is liable for any delay or failure to perform (other than payment obligations) caused by circumstances beyond reasonable control, including acts of God, war, terrorism, civil disorder, pandemic or epidemic, governmental action, embargoes, strikes or labor disputes, unavailability or interruption of the public internet, telecommunications or utility infrastructure, cyber-attacks including denial-of-service attacks, or failures of upstream providers including Meta, Twilio, Stripe, Apple, Google, AWS, Railway, Cloudflare or any other sub-processor. The affected party will use reasonable efforts to resume performance promptly. If a force majeure event continues for more than 60 days, either party may terminate the affected portion of the Service on written notice.

27. Notices

• Notices to Kaanha AI must be in writing and sent to legal@kaanha.ai, with a copy to White Lions Group Pty Ltd at the registered office address provided on request. Notices are effective on receipt.
• Notices to Customer may be sent to the email address associated with the Customer's billing contact or admin user, or by in-app notification. Notices are deemed received on transmission.
• Operational Communications (security advisories, maintenance windows, billing notifications) may be sent to any active Authorized User at our discretion.

28. General — Entire Agreement, Severability, Assignment

• Entire Agreement: These Terms, together with the Privacy Policy, the DPA, the AUP, the Refund Policy, the Sub-processor List, the White-Label Addendum (where applicable), and any signed Order Form or MSA, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, proposals or representations regarding the subject matter, including the Terms dated March 24, 2026. In the event of conflict, the order of precedence is: signed Order Form / MSA, then DPA, then these Terms, then the AUP, then other linked policies, then any in-product copy.
• No Third-Party Beneficiaries: Except as expressly provided (Apple Inc. with respect to the Mobile App), this Agreement does not create third-party beneficiary rights.
• Severability: If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision is modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.
• No Waiver: A failure or delay by either party to enforce a right is not a waiver of that right. Any waiver must be in writing.
• Assignment: You may not assign this Agreement, in whole or in part, without our prior written consent, except to an affiliate or in connection with a merger, acquisition or sale of substantially all assets, provided the assignee is not a competitor and assumes all obligations in writing. Kaanha AI may assign without restriction. Any attempted assignment in breach of this Section is void.
• Independent Contractors: The parties are independent contractors. Nothing creates an agency, partnership, joint venture or employment relationship.
• Headings: Headings are for convenience and do not affect interpretation.
• Export Controls: You will comply with all applicable export control and sanctions laws, including those of Australia, the United States, the EU and the UN. You represent that you and your Authorized Users are not located in, organized under the laws of, or ordinarily resident in any country, region or entity subject to comprehensive trade sanctions.

29. Contact

White Lions Group Pty Ltd
Trading as Kaanha AI
Australia

• Legal: legal@kaanha.ai
• Privacy / Data Protection: privacy@kaanha.ai
• Security incidents: security@kaanha.ai
• Support: support@kaanha.ai
• Sales: sales@kaanha.ai

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.