Terms of Service

ODA provides an AI-powered sales automation platform that enables businesses to receive and process customer orders via WhatsApp, Instagram and TikTok, collect payments via M-Pesa, Airtel Money and card, and manage operations through an owner dashboard ("the Service").

• You must be at least 18 years of age.
• You must be a duly registered business operating in Kenya or have the legal authority to enter into contracts on behalf of a business.
• By using the Service you confirm that all information you provide is accurate and up to date.

ODA charges a one-time setup fee and a recurring monthly service fee as outlined in our Pricing page:

• Starter Plan — KSh 34,699 setup + KSh 1,500 / month
• Premium Plan — KSh 53,999 setup + KSh 3,000 / month

Fees are billed in Kenyan Shillings (KSh). Monthly fees are due on the same date each month. Failure to pay within 7 calendar days of the due date may result in suspension of the Service. Setup fees are non-refundable once onboarding has commenced.

You may cancel your monthly subscription at any time by notifying us via WhatsApp or email. Cancellation takes effect at the end of the current billing period. No partial-month refunds are issued. Your data will be retained for 30 days after cancellation, after which it will be permanently deleted.

The ODA platform integrates with Safaricom M-Pesa, Airtel Money and card payment gateways to process customer payments on your behalf. You acknowledge that:

• ODA is not a licensed payment service provider and acts solely as a technology intermediary.
• Payment disputes between you and your customers are your sole responsibility.
• You must comply with the terms and conditions of each payment provider.
• ODA is not liable for failed or disputed transactions caused by network outages or payment provider issues.

You agree not to use the Service to:

• Sell illegal, counterfeit or prohibited goods or services.
• Engage in fraud, harassment or deceptive practices.
• Violate any applicable Kenyan or international law.
• Reverse-engineer, decompile or attempt to extract the source code of our platform.
• Introduce viruses, malware or malicious code.

Violation of these terms may result in immediate suspension or termination of your account without refund.

All content, software, logos, trademarks and materials on the ODA platform and website are the property of Philia Technologies Ltd or its licensors. You are granted a limited, non-exclusive, non-transferable licence to use the platform for your own business operations. You may not reproduce, distribute or create derivative works without our express written permission.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your own customers' data is collected and used in compliance with the Kenya Data Protection Act 2019.

We strive for high availability but do not guarantee uninterrupted access to the Service. Planned maintenance will be communicated in advance where possible. ODA is not liable for losses arising from downtime caused by factors outside our reasonable control, including but not limited to internet outages, acts of God or third-party service failures.

To the maximum extent permitted by Kenyan law, ODA's total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the total fees you paid to ODA in the 3 months preceding the claim.

ODA shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data or business opportunities, arising out of your use of or inability to use the Service.

You agree to indemnify, defend and hold harmless ODA, Philia Technologies Ltd, its officers, directors, employees and agents from any claims, damages, penalties, losses or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any third-party rights.

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or WhatsApp. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

These Terms are governed by the laws of Kenya. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the Kenyan courts. We encourage you to contact us first to resolve any dispute amicably.

For any questions about these Terms, contact us:

• Email: [email protected]
• Phone / WhatsApp: +254 708 116 809
• Location: Nairobi, Kenya