These Terms of Service ("Terms") are a contract between you and Nextverse Solutions Limited, which operates the DukAI platform ("DukAI", "we", "us", or "our"). They govern your access to and use of our website, merchant dashboard, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms and our Privacy Policy.
1. Acceptance
If you do not agree to these Terms, do not use the Service. If you use the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. The Service
DukAI provides tools that help merchants connect an Instagram professional account, manage direct messages, configure automated replies, publish content, view insights, and coordinate commerce workflows including payments. Features may change over time. We may add, modify, or discontinue features with reasonable notice where practicable.
3. Accounts
You must provide accurate registration information and keep your login credentials secure. You are responsible for activity under your account. Notify us promptly at hello@dukai.co.ke if you suspect unauthorized access.
4. Instagram connection
Connecting Instagram requires a Business or Creator account and authorization through Meta's OAuth flow. You grant DukAI permission to access Instagram data only as needed to provide the Service and only for accounts you connect. You may revoke access at any time through Instagram settings or by disconnecting in DukAI Settings. See our data deletion instructions for removal of stored data.
5. Merchant responsibilities
When you use DukAI to message customers on Instagram, you agree to:
- Comply with Meta's Platform Terms, Instagram Terms of Use, and applicable commerce and consumer protection laws in Kenya
- Obtain any consents required before sending automated or marketing messages
- Ensure product descriptions, pricing, and order commitments you make through the Service are accurate
- Handle customer data received through Instagram in accordance with our Privacy Policy and applicable law
You are the data controller for customer messages processed on your behalf. Nextverse Solutions Limited acts as a processor providing the technical DukAI platform.
6. Acceptable use
You may not use the Service to:
- Violate law, third-party rights, or Meta platform policies
- Send spam, harassment, fraud, or deceptive content
- Attempt to bypass security, rate limits, or access controls
- Reverse engineer or resell the Service except as permitted in writing
- Upload malware or interfere with Service operation
We may suspend or terminate access for violations or risks to users, Meta integrations, or platform security.
7. Fees and availability
Some features may be free during early access. Paid plans, if offered, will be described separately. We strive for reliable uptime but do not guarantee uninterrupted access. Scheduled maintenance and factors outside our control (including Meta API outages) may affect availability.
8. Intellectual property
DukAI retains all rights in the Service, software, and branding. You retain rights in content you provide. You grant DukAI a limited license to host, process, and display your content solely to operate the Service.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT INSTAGRAM OR META APIs WILL REMAIN AVAILABLE OR UNCHANGED.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUKAI AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE IS LIMITED TO THE GREATER OF AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR KES 10,000.
11. Termination
You may stop using the Service at any time by disconnecting Instagram and closing your account. We may suspend or terminate access for breach of these Terms, legal requirements, or to protect the platform. Upon termination, sections that by nature should survive (including disclaimers and liability limits) remain in effect.
12. Governing law
These Terms are governed by the laws of Kenya, without regard to conflict-of-law principles. Disputes shall be subject to the exclusive jurisdiction of courts in Nairobi, Kenya, unless mandatory law requires otherwise.
13. Contact
Questions about these Terms: hello@dukai.co.ke. Privacy inquiries: privacy@dukai.co.ke.
Nextverse Solutions Limited · Nairobi, Kenya