Terms of Service

1. General Provisions

These Terms of Service ("Terms") govern access to and use of the Tutum Business SaaS platform located at tutum.business ("Platform").

The Platform is operated by SP/IE Changylov Daniyar Saparbekovich, TIN: 20111199501384, registered at: Kyrgyz Republic, Bishkek, Pervomaysky district, Orozbekova str., 2/2, apt. 60 ("Operator").

By using the Platform, you confirm that you have read and fully accept these Terms. If you do not agree with these Terms, please discontinue use of the Platform.

2. Service Description

The Platform provides a suite of cloud-based tools for business automation, including:

— AI assistants for messengers (WhatsApp Business, Instagram Direct, Telegram);

— integration with WhatsApp Business Cloud API and Instagram Business API for receiving and sending messages, handling comments under Instagram posts, automated replies to comments, and publishing content (posts, Stories, Reels) to the user's Instagram account;

— product catalog and inventory management;

— point-of-sale (POS) operations;

— CRM system for customer management;

— analytical reports.

Features may change as the Platform evolves.

3. Registration and Account

To use the Platform, you must create an account with accurate information. You agree to:

— provide current and complete information during registration;

— keep your information up to date;

— maintain the confidentiality of your login credentials and password;

— immediately notify the Operator of any unauthorized access to your account.

You bear full responsibility for all actions performed through your account.

4. Payment Terms

The cost of using the Platform is determined by the current pricing plans published on the Platform. The Operator reserves the right to modify pricing with at least 30 (thirty) days prior notice to users.

Payments are made via non-cash methods specified on the Platform. Refunds are processed in accordance with the laws of the Kyrgyz Republic.

5. Acceptable Use

You agree to use the Platform solely for lawful purposes. The following is prohibited:

— violating the laws of the Kyrgyz Republic and international regulations;

— distributing prohibited, harmful, or fraudulent content;

— sending spam through messenger channels;

— infringing on the intellectual property rights of third parties;

— attempting unauthorized access to Platform systems;

— using the Platform to sell goods or services prohibited by law or by partner-platform policies (including the WhatsApp Commerce Policy).

Upon detection of violations, the Operator reserves the right to suspend or block access without prior notice.

6. Connecting and Using Meta Platforms Integrations (WhatsApp Business and Instagram)

The Platform allows connecting WhatsApp Business and Instagram channels. Connection is performed by the Platform user (hereinafter — "User") via the standard authorization flows of Meta Platforms (Embedded Signup for WhatsApp; Instagram Login for Instagram).

These integrations are not a "log in with a social network" mechanism for the Platform; they are business connections that grant the Platform limited, technically necessary access to the User's business assets (WhatsApp Business Account, WhatsApp phone numbers, business Instagram accounts) for the purpose of delivering the stated services.

6.1. User authority. By connecting the integrations, the User represents and warrants that: (a) the User holds proper administrator rights and other authority over the relevant business assets in Meta; (b) the User has a legal basis to process the data of their end customers (including obtaining opt-in consents in accordance with the WhatsApp Business Messaging Policy); (c) the User's activities and the content to be sent via the integrations comply with applicable laws and Meta policies.

6.2. Compliance with Meta policies. When using the integrations, the User undertakes to comply with the Meta Platform Terms, Meta Developer Policies, WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, and Instagram Platform Policy, as currently in force. The User is solely responsible for the content of messages, templates, comments, and publications sent or posted via the Platform.

6.3. Comment automation. If the User configures auto-reply rules for comments under their Instagram publications, the User is the sole party responsible for: (a) the wording of rules and keywords; (b) the texts of public replies and private messages (Private Replies); (c) the compliance of such auto-replies with Meta policies and applicable law. The Operator provides only the technical means of executing the rules; the Operator does not moderate or edit auto-reply texts.

6.4. Content publishing. When using the publishing function (instagram_content_publish), the User confirms that they hold all necessary rights to the materials being published (including rights to images, video, audio, and text) and assumes full responsibility for the content of publications towards third parties and Meta.

6.5. Changes and termination by Meta. The Operator does not control the decisions of Meta Platforms. Meta may unilaterally change the API, revoke permissions, and restrict or terminate access to WhatsApp/Instagram products. The Operator is not liable for such actions of Meta or for their consequences for the functionality of the Platform. In the event of loss/revocation of permissions or suspension/disabling of the Meta application, the Operator reserves the right to temporarily or permanently suspend the relevant Platform functions without prior notice.

6.6. Disconnection. The User may at any time disconnect the integration from the admin panel. Upon disconnection, the relevant access tokens are invalidated and reception of new data through the channel ceases. Deletion of previously received data is performed in accordance with the Privacy Policy.

6.7. WhatsApp billing. Costs of sending messages via WhatsApp Business Cloud API (Meta conversation pricing) may be paid by the User directly to Meta through the payment method attached to the User's WhatsApp Business Account, or included in the Platform tariffs in accordance with the billing model specified in the pricing section. The Operator is not an official WhatsApp Solution Partner and is not liable for Meta pricing.

7. Intellectual Property

All rights to the Platform, including source code, design, logos, trademarks, and documentation, belong to the Operator.

The user is granted a limited, non-exclusive, non-transferable license to use the Platform within their active subscription. This license does not constitute a transfer of intellectual property rights.

8. User Content

You retain all rights to the data and content you upload to the Platform (product catalogs, images, text, materials published via Instagram, etc.).

You grant the Operator a limited right to process your data solely for the purpose of providing Platform services (including processing by AI models for assistant functionality, indexing for semantic search, and transmission via Meta and Telegram integrations).

With respect to the data of the User's end customers (buyers in messengers, authors of Instagram comments, etc.), the Operator acts as a processor on behalf of the User. The User confirms that they hold an appropriate legal basis to process such data and to obtain the necessary consents.

9. Limitation of Liability

The Platform is provided on an "as is" basis. The Operator does not guarantee uninterrupted or error-free operation of the service.

The Operator shall not be liable for:

— indirect damages, lost profits, or data loss;

— actions of third parties, including messenger providers (Meta Platforms, Telegram), AI providers, hosting providers, and payment systems;

— changes to APIs, policies, pricing, or other decisions of Meta affecting the availability of WhatsApp Business Cloud API and Instagram Business API;

— the content of messages, templates, comments, auto-replies, and publications sent or posted via the Platform by the User;

— suspension, restriction, or blocking of accounts or applications by Meta;

— the quality of AI assistant responses and decisions made based on them;

— temporary service unavailability due to maintenance.

The Operator's maximum aggregate liability is limited to the amount paid by the user for the last 3 (three) months of Platform usage.

10. Termination

You may discontinue use of the Platform at any time by deleting your account.

The Operator reserves the right to suspend or terminate access to the Platform in the event of a breach of these Terms or of partner-platform policies (Meta, Telegram), or on other grounds provided by law.

Upon termination, the Operator shall ensure the ability to export user data within 30 (thirty) days from the date of termination.

11. Changes to Terms

The Operator reserves the right to modify these Terms. Users will be notified of material changes via email or through the Platform at least 14 (fourteen) days before the changes take effect.

Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Kyrgyz Republic.

All disputes and disagreements shall be resolved through negotiation. If no agreement is reached, disputes shall be submitted to the courts of the Kyrgyz Republic at the Operator's place of registration.

13. Contact Information

SP/IE Changylov Daniyar Saparbekovich

TIN: 20111199501384

Address: Kyrgyz Republic, Bishkek, Pervomaysky district, Orozbekova str., 2/2, apt. 60

Email: support@tutum.business

Phone: +996 708 440 114