Terms of Service

SmartDesk AI (smartdeskai.app), operated by AURAVIA LABS (Business Registration No. BN-DLSZB835), Kenya.

Last updated: October 2026

Please read these Terms of Service ("Terms") carefully before using SmartDesk AI. By creating an account or using SmartDesk AI in any way, you agree to be bound by these Terms.

1. What SmartDesk AI Is

SmartDesk AI is a software platform that allows a business ("you," "your," or "Business User") to connect its WhatsApp, Facebook Messenger, Instagram, and website channels to an AI assistant that can automatically reply to customer messages, send business content (text, images, audio, documents), create and send invoices, and facilitate payment collection (such as via M-Pesa), with the ability for your own team to take over any conversation.

2. Eligibility and Account Registration

• You must be at least 18 years old and have the authority to act on behalf of the business you register.
• You agree to provide accurate information when creating your account and to keep your login credentials confidential. You are responsible for all activity under your account.
• You are responsible for the content you upload to train your AI assistant (business descriptions, pricing, product information, audio, images, documents) and for ensuring it is accurate and lawful.

3. Connecting Third-Party Channels

To use SmartDesk AI, you will connect your own WhatsApp Business, Facebook, and/or Instagram accounts using credentials you provide. By doing so, you confirm that:

• You own or are authorized to manage the accounts you connect
• Your use of those channels through SmartDesk AI complies with the applicable platform's own terms (including Meta's WhatsApp Business Messaging Policy and Platform Terms)
• You are responsible for any consequences (including suspension) that Meta or another platform imposes on your connected accounts as a result of how you or your AI assistant communicate with customers

4. AI-Generated Replies

SmartDesk AI's AI assistant generates replies automatically based on the instructions, content, and data you provide, and on the ongoing conversation. You acknowledge that:

• AI-generated replies are not reviewed by a human before being sent, unless you configure your account to require review or take over manually
• You are responsible for reviewing and configuring your AI assistant's instructions to reflect accurate information about your business, pricing, and policies
• We are not liable for inaccuracies, misunderstandings, or disputes arising from AI-generated messages, to the fullest extent permitted by law, though we work to make the assistant as accurate and reliable as reasonably possible
• You may take over any conversation from your AI assistant at any time through the dashboard

5. Payments and Invoicing

• SmartDesk AI allows you to create invoices and collect payments from your customers, including via M-Pesa or other payment methods you configure.
• You are solely responsible for the accuracy of your pricing, the legality of what you sell, and fulfilling any orders or services your customers pay for.
• SmartDesk AI is not a party to the transaction between you and your customer — we provide the technical means to facilitate it.
• Payment provider fees (such as M-Pesa transaction charges) are separate from and in addition to any SmartDesk AI subscription fees.

6. Subscription and Fees

• Access to SmartDesk AI may require payment of subscription fees, as described on our pricing page or agreed with you directly.
• Fees are billed in advance and are non-refundable except where required by law or expressly stated otherwise.
• We may change our fees with reasonable advance notice. Continued use after a fee change takes effect constitutes acceptance of the new fees.
• We may suspend or limit access to your account if payment is not received when due.

7. Acceptable Use

You agree not to use SmartDesk AI to:

• Send unsolicited bulk messages ("spam") or messages that violate WhatsApp's, Facebook's, or Instagram's messaging policies
• Promote or facilitate illegal activity, fraud, or deceptive schemes
• Impersonate another person or business, or misrepresent your identity or affiliation
• Upload or transmit content that is unlawful, abusive, defamatory, or infringes on the rights of others
• Attempt to interfere with, disrupt, or gain unauthorized access to SmartDesk AI's systems or other users' accounts
• Use the platform to collect or process customer data in a way that violates applicable data protection law

We reserve the right to suspend or terminate accounts that violate this section.

8. Intellectual Property

• SmartDesk AI, including its software, design, and branding, is owned by AURAVIA LABS. These Terms do not grant you any ownership rights in the platform itself.
• You retain ownership of the content you upload (business information, product data, training content). By uploading it, you grant us a license to use, store, and process it solely to provide the SmartDesk AI service to you.

9. Service Availability

We aim to keep SmartDesk AI available and reliable, but we do not guarantee uninterrupted or error-free service. We may perform maintenance, updates, or changes to the platform from time to time, and we are not liable for temporary unavailability caused by factors outside our reasonable control, including outages of third-party services we depend on (such as Meta's APIs, Groq, M-Pesa, or our hosting providers).

10. Limitation of Liability

To the fullest extent permitted by law, AURAVIA LABS and SmartDesk AI shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or business opportunities, arising from your use of the platform. Our total liability for any claim arising from these Terms or your use of SmartDesk AI shall not exceed the amount you paid us in the three months preceding the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.

11. Termination

• You may stop using SmartDesk AI and close your account at any time by contacting us.
• We may suspend or terminate your account if you breach these Terms, fail to pay fees due, or if we reasonably believe your use of the platform poses a risk to us, other users, or third parties.
• Upon termination, your access to the platform will end. We may retain certain data as described in our Privacy Policy or as required by law.

12. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a revised "Last updated" date. If changes are material, we will make reasonable efforts to notify active Business Users. Continued use of SmartDesk AI after changes take effect constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of Kenya. Any disputes arising from these Terms or your use of SmartDesk AI will be subject to the exclusive jurisdiction of the courts of Kenya, unless otherwise required by applicable law.

14. Contact Us

Questions about these Terms can be directed to:

Email: support@smartdeskai.app
Phone: +254 748 749 599 / +254 726 134 000
Business: AURAVIA LABS (BN-DLSZB835)
Address: Posta House, Kenyatta Avenue, Nairobi, Starehe District CBD, P.O. Box 00100-00100 G.P.O., Kenya