Terms of Service

1. Acceptance of Terms

By accessing or using the Premium Growth Engine software platform ("Service"), operated by TORPSKÄRN LIMITED ("Company", "we", "us"), you agree to be bound by these Terms of Service. If you are accepting on behalf of a salon, spa, or enterprise merchant ("Tenant"), you warrant that you have authority to bind that entity.

2. Description of Service & AI Automation

Premium Growth Engine provides a multi-tenant business operating system featuring automated WhatsApp AI appointment booking, staff scheduling, telemetry analytics, and customer communication workflows.

3. Independent Software Vendor Disclaimer

TORPSKÄRN LIMITED is an independent software vendor (ISV). We do not act as an employer, partner, or joint venturer with registered merchants or their staff. Merchants maintain sole responsibility for their business operations, pricing matrices, customer relationships, and staff scheduling policies.

4. Service Level Commitment (99% Uptime Target)

We strive to maintain a 99% operational uptime target for core API services and messaging gateways, excluding scheduled maintenance windows or upstream outages caused by third-party infrastructure providers (e.g., Meta / WhatsApp Business API, Cloudflare, or AWS/GCP hosting providers).

5. Kenya ODPC Data Protection & Merchant Warranties

In compliance with the Kenya Data Protection Act 2019 (KDPA 2019) and the Office of the Data Protection Commissioner (ODPC):

• The Merchant operates as the Data Controller responsible for obtaining explicit end-user consent for transactional messaging.
• TORPSKÄRN LIMITED operates as the Data Processor handling data solely to fulfill scheduling and communication instructions.
• Merchants warrant and represent that all end-user phone numbers uploaded or ingested into the platform have granted explicit opt-in consent to receive transactional WhatsApp messages and appointment reminders.

6. Limitation of Liability

To the maximum extent permitted by law, TORPSKÄRN LIMITED shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business interruption arising from the use or inability to use the Service.