Last Updated: 2026/09/29
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Kholo Technologies (Pty) Ltd ("Company," "we," "us," or "our"). By accessing or using the Kholo platform, you agree that you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these terms, you are expressly prohibited from using the platform and must discontinue use immediately.
Kholo provides an AI-driven software-as-a-service (SaaS) platform designed to extract, structure, and route orders from WhatsApp communications into ERP systems.
2.1 AI Accuracy and User Responsibility: You acknowledge that Kholo utilizes Artificial Intelligence (AI) to parse human language. While we strive for high accuracy, AI interpretations are not infallible. You agree that you are solely responsible for reviewing, verifying, and confirming all extracted orders, pricing, and stock allocations before fulfilling them. We hold no liability for financial losses, mis-shipments, or inventory errors resulting from inaccurate AI extraction or failure by your staff to review the parsed data.
2.2 Non-Fulfillment: We provide the technical infrastructure for order capture only. We are not a party to the transactions between you and your buyers, and we hold no responsibility for logistics, fulfillment, payment collection, or disputes with your customers.
2.3 Third-Party AI Providers: We utilize third-party Artificial Intelligence APIs (including but not limited to Google Gemini and OpenAI) to process and transcribe WhatsApp text and audio messages. By using Kholo, you consent to this data being processed by these third-party providers. We utilize their Enterprise/API tiers, which contractually prohibit them from using your data to train their AI models, ensuring your business data remains confidential.
You agree to use Kholo strictly for lawful business purposes. You explicitly agree NOT to use the platform to facilitate the sale of illegal goods, unverified pharmaceuticals, weapons, illicit substances, or any trade that violates South African or international law.
We reserve the right to immediately suspend or terminate your account without notice or refund if we suspect, in our sole discretion, that the platform is being used for unlawful activities, or if your usage violates WhatsApp's Business Policy or Commerce Policy.
4.1 Third-Party Dependencies: The Kholo platform relies on third-party APIs, including but not limited to Meta (WhatsApp), ERP providers (e.g., Sage, SAP), and hosting providers. We are not liable for any downtime, data loss, or business interruption caused by the failure, suspension, or deprecation of these third-party services. If Meta suspends your WhatsApp Business number, Kholo bears no liability.
4.2 Loadshedding and Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, internet outages, national grid failures (e.g., loadshedding), government actions, or telecommunication breakdowns.
Under the Protection of Personal Information Act (POPIA), you act as the "Responsible Party" (Controller) for your customers' data, and Kholo acts as your "Operator" (Processor).
You warrant that you have obtained the explicit, lawful consent from your customers to process their personal data (including phone numbers and chat history) through our third-party platform. You agree to fully indemnify and hold Kholo harmless against any regulatory fines, lawsuits, or claims initiated by your customers or the Information Regulator arising from your failure to obtain proper consent.
Please read carefully
THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KHOLO TECHNOLOGIES (PTY) LTD, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE STRICTLY LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of the platform; (2) your breach of these Terms; (3) your violation of any laws, including data privacy laws; (4) your fulfillment or failure to fulfill any orders processed via the platform; or (5) your violation of WhatsApp's Terms of Service.
These terms and your use of the platform are governed by and construed in accordance with the laws of the Republic of South Africa. You irrevocably consent to the exclusive jurisdiction of the courts of South Africa for any disputes.
To resolve a complaint or request further information regarding these terms, contact us at:
legal@kholo.co.za
Kholo Technologies (Pty) Ltd.
124 Long Street, Cape Town, 8001