Terms of Service

These Terms of Service (“Terms”) are a binding agreement between Novascape Technologies Ltd, a company incorporated under the laws of Kenya with its principal office in Nairobi (“Novascape Technologies Ltd”, “we”, “us”), and the business or person that creates an account (“Customer”, “you”). They govern access to and use of Frontesk — the website at frontesk.com, the dashboard, the embeddable chat widget, the APIs, webhooks and every AI employee, channel and integration we provide (together the “Service”).

By clicking “Create account”, signing in with Google or Apple, accepting a workspace invitation, or using the Service, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you accept on behalf of a company or other entity, you confirm you have authority to bind it, and “you” refers to that entity. If you do not agree, do not use the Service.

An order form, quote or enterprise agreement signed by both parties prevails over these Terms to the extent of any conflict.

• AI Employee or Agent — an automated assistant you configure in the Service (reception, sales, follow-up or voice) that converses with End Users on your behalf.
• Workspace — one business or location in the Service, with its own knowledge base, channels, contacts and team.
• Team Member — a person you invite to a Workspace as an owner, admin or agent.
• End User — a customer, patient, lead or caller who communicates with your Workspace through any channel.
• Customer Content — everything you or your End Users put into the Service: knowledge sources (web pages, files, Drive and Git content), media, business details, personas, contacts, conversations, call transcripts, appointments and notes.
• Output — text, voice, suggestions, bookings and actions generated by an AI Employee.
• Third-Party Platform — a service you connect to the Service that we do not control, such as Meta (WhatsApp, Instagram, Messenger), Twilio, Google, PayPal or an LLM provider.
• Plan — the subscription tier (Starter, Growth, Pro, Business) and any add-ons and usage packs you purchase; Allowances — the monthly conversation, WhatsApp message, voice minute, LLM token and storage quotas included in a Plan.

• You must be at least 16 years old and able to form a binding contract. The Service is offered to businesses and professionals, not to consumers for personal use.
• You must give accurate registration and billing information and keep it current.
• You are responsible for all activity under your account and Workspaces, including by Team Members. Keep credentials confidential and tell us immediately at support@frontesk.com if you suspect unauthorised access.
• The person who creates a Workspace is its owner. Owners control billing, can invite and remove Team Members, and can delete the Workspace. Team Members act on the owner’s behalf and the owner is responsible for their conduct.
• You may not share an account between people, transfer it without our consent, or create accounts by automated means.

The Service lets you build an AI Employee that answers your website, WhatsApp, Instagram, Messenger and phone line using large language models, retrieves answers from the knowledge base you provide, captures and qualifies leads, proposes and books appointments, sends follow-ups and media, and escalates to your team. We host the platform, keep it available, and provide the tooling; you decide what the AI Employee knows, how it behaves and what it is allowed to do.

AI Output is probabilistic, not authoritative. You acknowledge that:

• Output may be inaccurate, incomplete, out of date or inappropriate, even when your knowledge base is correct, and may vary between identical requests.
• You are responsible for reviewing Output, for the persona and instructions you configure, and for the promises, prices, availability and advice your AI Employee communicates to End Users. Output is not a substitute for your own professional judgement.
• No medical, dental, legal or financial advice. Where you operate in a regulated field (for example a dental practice or med spa), the AI Employee may only provide general information, scheduling and administrative help. You must configure it accordingly, ensure a qualified human handles clinical or professional questions, and comply with your professional and advertising rules.
• You must disclose to End Users that they are interacting with an AI where the law or a platform requires it, and provide a way to reach a human. The Service includes an escalation tool for this.
• Bookings, quotes, lead stages and follow-ups the AI records are drafts of your business process; you remain responsible for honouring or correcting them.

We may change, add or retire features, models and integrations. We will give reasonable notice of changes that materially reduce the Service’s core functionality during your paid term. Features marked beta, preview or “coming soon” are provided as-is, may be withdrawn at any time and are excluded from any service commitment.

You control how the AI Employee communicates with your End Users, so you are responsible for the lawfulness of that communication. In particular you must:

• have a lawful basis — and where required, prior consent or opt-in — to contact each End User on each channel, including for business-initiated WhatsApp templates, reminders, follow-ups, win-back and re-engagement messages, under the Kenya Data Protection Act, 2019, the Computer Misuse and Cybercrimes Act, the Consumer Protection Act, and the equivalent laws where your End Users are located (e.g. GDPR, ePrivacy, TCPA, CAN-SPAM, CASL);
• honour opt-outs and blocking requests promptly and not message anyone who has asked you to stop;
• comply with the policies of every Third-Party Platform you connect, including the WhatsApp Business Messaging Policy and Commerce Policy, Meta’s Platform Terms, and Twilio’s Acceptable Use Policy — including template approval, the 24-hour customer-service window, quality ratings and prohibited industries;
• only connect phone numbers, WhatsApp Business Accounts, Pages and Instagram accounts you own or are authorised to operate, and keep the credentials you give us valid;
• obtain any consent required before recording or transcribing calls, and play any notice the law requires;
• only upload knowledge sources and media you have the right to use, and not include personal data of third parties in the knowledge base beyond what is necessary;
• give End Users a privacy notice that covers your use of Frontesk and its sub-processors, and respond to their data-subject requests (we will assist as described in the Privacy Policy).

If a Third-Party Platform suspends, rate-limits or bans a number, account or template because of your content or conduct, that is between you and the platform; we will help where we reasonably can but are not responsible for the outcome.

You must not, and must not allow anyone else to, use the Service to:

• send spam, unsolicited bulk messages, or messages that are deceptive, fraudulent or misleading;
• impersonate a person or organisation, or configure an AI Employee to deny being an AI when asked directly;
• collect or process special-category data (health, biometrics, religion, sexual life, criminal records) beyond what your business legitimately needs and the law allows;
• promote or sell illegal goods or services, weapons, controlled substances, adult content, gambling where prohibited, or anything a connected platform forbids;
• harass, threaten, discriminate against or exploit End Users, including minors;
• infringe anyone’s intellectual property, privacy or other rights, or upload malware;
• probe, scan, overload, reverse-engineer or interfere with the Service, bypass usage metering or plan limits, scrape other customers’ data, or share access credentials;
• use the Service or Output to build or train a competing product, or to benchmark for publication without our consent;
• generate Output that would violate the acceptable-use policies of the LLM provider serving your Workspace; or
• use the Service in violation of any applicable law, sanctions or export control.

We may monitor usage for security, abuse and compliance, and may remove content, pause an AI Employee, disconnect a channel or suspend a Workspace where we reasonably believe this section has been breached or a Third-Party Platform requires it. We will tell you why unless the law or an investigation prevents it.

You own your Customer Content. You grant Novascape Technologies Ltd a worldwide, non-exclusive, royalty-free licence to host, copy, crawl, transcribe, chunk, embed, transmit, display and otherwise process Customer Content solely to provide, secure and improve the Service for you, and to send it to the Third-Party Platforms and sub-processors needed to do so. The licence ends when the content is deleted, subject to backup retention.

Output. As between you and us, you own the Output generated for your Workspace and may use it for any lawful purpose. Because models generate similar text for similar inputs, Output is not guaranteed to be unique and we cannot warrant that it does not infringe third-party rights.

No training on your data. We do not use Customer Content or Output to train general-purpose AI models, and we engage LLM providers on terms that prohibit it. We may use aggregated, de-identified usage statistics (for example average response latency or retrieval hit rates) to operate and improve the Service.

Our intellectual property. The Service — including its software, prompts, playbooks, vertical templates, design, documentation, trademarks and the Frontesk name and logo — is owned by Novascape Technologies Ltd and its licensors and protected by Kenyan and international IP law. You receive only the limited, revocable, non-transferable right to use it under these Terms. You may embed the chat widget on websites you control and must not remove attribution or notices from it.

Feedback. If you send us ideas or suggestions, we may use them without obligation to you.

Connecting WhatsApp, Instagram, Messenger, a phone number, Google Drive, a Git repository or any other Third-Party Platform authorises us to exchange data with it on your behalf. Your use of each platform is governed by its own terms and fees (for example Meta’s conversation-based WhatsApp pricing or Twilio’s per-minute rates, where you bring your own accounts). We are not responsible for a platform’s availability, policy changes, pricing, message delivery or suspension decisions.

Where we act as a WhatsApp Business Solution Provider / Meta Tech Provider and message on your behalf through our own platform credentials, you appoint us as your agent for that purpose and remain the owner of the WhatsApp Business Account and its content.

Your own API keys. If you supply an Anthropic, OpenAI, Groq or other provider key, we store it encrypted and use it only for your Workspace. Requests made with it are billed by that provider to you under your agreement with them, and the corresponding LLM token Allowance in your Plan is not consumed. You are responsible for the key’s validity, quota and the provider’s terms.

Subscriptions

• Plans are billed in advance, monthly or annually, in US dollars unless a quote says otherwise, at the prices shown at /pricing or in your order form. Annual plans are discounted and non-refundable except as set out below.
• Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time from Settings → Billing; cancellation takes effect at the end of the current period and you keep access until then.
• A one-time setup fee applies to accounts we onboard for you (done-for-you setup) and to the Business tier. Accounts that complete self-serve onboarding have the setup fee waived. The fee is shown before you pay and is non-refundable once onboarding work has started.
• Where we offer a free trial, its length is stated at sign-up. If you do not subscribe before it ends, your Workspace becomes read-only until you do.

Allowances, overage and add-ons

• Each Plan includes monthly Allowances and a number of Workspaces, Team Member seats and phone lines. Allowances reset on the first day of each billing month and do not roll over.
• If you exhaust an Allowance you may buy a top-up pack, and you may opt in to automatic top-ups, which charge your saved payment method for one pack per exhausted meter per day. You can turn this off at any time; if a charge is declined we disable it and notify you. On a trial or lapsed subscription, limits are hard and the AI Employee pauses instead.
• Extra seats and Workspaces are sold as add-ons that stack on your Plan for as long as it is active; they lapse with the subscription.
• Changing tier mid-period is prorated by our payment provider; a plan change that increases your price requires your approval in PayPal before it takes effect.

Payment

• Payments are processed by PayPal. By subscribing you authorise recurring charges to your PayPal account or saved method. We do not see or store card numbers.
• If a renewal fails we will retry and email you. If payment is not received within 7 days we may suspend the Service and, after 60 days, delete the Workspace as described in the Privacy Policy.
• Fees exclude VAT, withholding and other taxes. Kenyan customers will be charged VAT at the prevailing rate; customers elsewhere are responsible for any taxes due in their jurisdiction. If you must withhold tax, you agree to gross up so we receive the full invoiced amount.
• We may change prices with at least 30 days’ notice; the new price applies from your next renewal after the notice period. Price changes never apply mid-term to a prepaid annual plan.

Refunds

Fees are non-refundable except where (a) the law requires it, (b) we materially fail to provide the Service and do not fix the failure within 30 days of your written notice, in which case we refund the unused portion of prepaid fees, or (c) we terminate for convenience under Term, suspension and termination. Unused Allowances, top-up packs and add-ons are not refunded. Refunds are issued to the original payment method through PayPal.

You may use the referral programme to earn credit or rewards under the rules shown in the dashboard; we may adjust or end the programme and reverse rewards obtained through self-referral or fraud.

This section is the data processing agreement between you (controller) and Novascape Technologies Ltd (processor) for End User personal data, as required by section 42 of the Kenya Data Protection Act, 2019 and Article 28 GDPR where applicable.

• Subject matter and duration — the operation of your Workspace for the term of these Terms. Nature and purpose — storing, retrieving, generating and transmitting communications with End Users. Data subjects — your End Users and Team Members. Categories — identity and contact details, conversation content, appointments, lead qualification and any data End Users volunteer, which may include health information.
• We process End User data only on your documented instructions (these Terms, the product settings you choose and any written instruction), unless the law requires otherwise, in which case we will tell you before processing unless prohibited.
• We ensure persons authorised to process the data are bound by confidentiality, and we implement the technical and organisational measures described in the Privacy Policy.
• You authorise the sub-processors listed in the Privacy Policy. We will notify Customers of new sub-processors that will handle End User data at least 14 days before engagement; you may object on reasonable data-protection grounds, and if we cannot accommodate the objection you may terminate the affected Workspace and receive a pro-rata refund of prepaid fees.
• We assist you, taking into account the nature of processing, in responding to data-subject requests and in meeting your security, breach-notification and impact-assessment obligations.
• We notify you without undue delay, and in any case within 48 hours of confirmation, of a personal data breach affecting your End User data.
• On termination we delete or return End User data as set out in Term, suspension and termination, unless retention is required by law.
• We make available the information necessary to demonstrate compliance and allow audits by you or an auditor you mandate, no more than once a year, on 30 days’ notice, at your cost, subject to confidentiality and without disrupting other customers.
• International transfers take place only with the safeguards described in the Privacy Policy.

Each party will keep the other’s non-public information confidential, use it only for the purposes of these Terms, and protect it with at least reasonable care, for the term and three years after, except where disclosure is required by law (with notice where permitted). Customer Content is your confidential information; the Service’s non-public features, pricing and roadmap are ours.

We maintain the security measures described in the Privacy Policy. You are responsible for securing your own devices, accounts, Team Member access, connected platforms and the websites on which you embed the widget. You must notify us promptly of any security incident affecting the Service.

We aim to keep the Service available 24/7 and target 99.5% monthly uptime for the dashboard and message APIs, excluding scheduled maintenance (announced in advance where practical), emergencies, and outages of Third-Party Platforms, LLM providers or telecoms networks outside our control. Enterprise customers may negotiate a service-level agreement with credits in their order form; otherwise no uptime credits are offered.

Support is provided by email at support@frontesk.com during Kenyan business hours (Monday to Friday, 08:00–18:00 EAT), with best-effort responses outside those hours for outages. Business-tier customers receive priority support as described in their Plan.

• These Terms apply from the moment you create an account until your account is deleted.
• You may stop using the Service and delete Workspaces or your account at any time from Settings. Deleting the account cancels any subscription at the end of the current period; prepaid fees are not refunded except under Plans, fees and payment.
• We may suspend or terminate your access immediately if you materially breach these Terms (including non-payment or the acceptable-use rules), if a Third-Party Platform or the law requires it, if your use creates a security or legal risk, or if you become insolvent. We may otherwise terminate for convenience on 60 days’ notice, refunding prepaid fees for the unused period.
• Effect. On termination your AI Employees stop responding, channels are disconnected and Team Member access ends. For 30 days after termination you may export your contacts, conversations and knowledge sources from the dashboard or ask us for an export; after that we delete Customer Content within a further 30 days (60 days in total), except backups that age out on their normal schedule and records we must keep by law.
• Sections that by their nature should survive — including fees owed, IP, confidentiality, warranty disclaimers, liability limits, indemnities and governing law — survive termination.

We warrant that the Service will perform materially as described in our documentation and that we will provide it with reasonable skill and care. Your sole remedy for breach of this warranty is the repair, replacement or refund described in Plans, fees and payment.

Except as expressly stated, the Service, all Output and all Third-Party Platforms are provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy of Output, and uninterrupted or error-free operation. We do not warrant that an AI Employee will convert leads, book any number of appointments, generate any revenue, or comply with rules specific to your profession or jurisdiction.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited by law.

Subject to that, and to the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill, data or business opportunity, however arising, even if advised of the possibility.

Our total aggregate liability arising out of or relating to the Service or these Terms, in contract, tort (including negligence) or otherwise, is limited to the fees you paid to us in the twelve (12) months immediately before the event giving rise to the claim, or USD 100 if you have paid nothing. This cap does not apply to your payment obligations or to either party’s indemnity or confidentiality breaches.

We are not liable for Output, for the acts or omissions of Third-Party Platforms, LLM providers or telecoms carriers, or for loss caused by your instructions, configuration, Customer Content or breach of these Terms.

By you. You will defend and indemnify Novascape Technologies Ltd, its directors, employees and contractors against all claims, fines, losses and costs (including reasonable legal fees) arising from (a) Customer Content or your instructions to the AI Employee, (b) your communications with End Users, including consent, opt-out and recording obligations, (c) your breach of these Terms, a Third-Party Platform’s policies or applicable law, or (d) your professional services to End Users.

By us. We will defend and indemnify you against third-party claims that the Service (excluding Customer Content, Output and Third-Party Platforms) infringes that party’s intellectual property rights, and pay damages finally awarded or agreed in settlement. If such a claim is likely we may modify the Service, procure a licence, or terminate the affected part and refund prepaid unused fees. This is our entire liability for infringement.

The indemnified party must notify promptly, allow the indemnifying party to control the defence and settlement (not admitting fault on the other’s behalf without consent), and cooperate reasonably.

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If a dispute arises, the parties will first try to resolve it in good faith through senior representatives within 30 days of written notice. Failing that, the dispute will be referred to arbitration in Nairobi, Kenya under the Arbitration Act, 1995 and the rules of the Nairobi Centre for International Arbitration, by a single arbitrator, in English. Either party may seek interim or injunctive relief, and we may bring an action to collect unpaid fees, in the courts of Kenya or any court of competent jurisdiction. Nothing in this section removes rights a consumer has under mandatory local law.

• Changes to these Terms. We may update these Terms. Material changes will be notified by email or in-app at least 14 days before they take effect; continued use after that date is acceptance. If you object, you may terminate before the effective date and we will refund prepaid fees for the unused period.
• Notices to us go to legal@frontesk.com; notices to you go to the owner’s registered email address and are effective when sent.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or a successor in a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of Third-Party Platforms, LLM providers, telecoms or power, cyber-attack, government action or natural disaster — except for payment obligations.
• Export and sanctions. You may not use the Service in, or for the benefit of anyone in, a country or on a list subject to Kenyan, UN, US, UK or EU sanctions.
• Publicity. We may name you as a customer and use your logo in customer lists unless you ask us not to in writing.
• Entire agreement; severability; waiver. These Terms, the Privacy Policy and any order form are the entire agreement and supersede prior discussions. If a provision is unenforceable the rest remains in effect. A failure to enforce is not a waiver.
• Relationship. The parties are independent contractors; nothing creates a partnership, joint venture or employment. An “AI Employee” is a software product, not an employee of you or of Novascape Technologies Ltd.
• Language. These Terms are written in English; any translation is for convenience only.

Novascape Technologies Ltd
Nairobi, Kenya
Legal: legal@frontesk.com
Support: support@frontesk.com