Terms of Service for The Action Foundation Kenya WhatsApp Chatbot

1. Introduction and Acceptance of Terms

Welcome to The Action Foundation Kenya WhatsApp Chatbot! By accessing or using our chatbot service ("Service"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and The Action Foundation Kenya.

2. Purpose of the Chatbot

The Action Foundation Kenya WhatsApp Chatbot is designed to provide information about our mission, offer support resources, answer frequently asked questions related to child welfare and disability, and facilitate engagement with our programs. The Service is intended for informational and engagement purposes only and does not constitute professional advice (e.g., medical, legal, financial, psychological).

3. User Eligibility and Child Policy

The Service is intended for users who are 18 years or older. If you are under this age, please do not use the Service without parental or guardian consent and supervision. Users must have the legal capacity to enter into this agreement.

3.1. Child Online Privacy and Protection

The Action Foundation Kenya is committed to protecting the privacy of children. Our chatbot is not specifically designed for direct interaction with children under the age of 13 without parental involvement. If we become aware that personal information from a child under 13 has been collected without verifiable parental consent, we will take steps to delete that information.

• Parental Consent: For users under 18, we strongly encourage parental or guardian supervision. If a child under 13 wishes to use the chatbot, verifiable parental consent will be required for any collection of personal information.
• Data Minimization: We collect only the personal data strictly necessary for the chatbot's function.
• Transparency: We aim to provide clear and understandable privacy notices.
• Parental Rights: Parents/guardians can review, delete, or withdraw consent for their child's data at any time by contacting us.
• No Professional Advice: The chatbot does not provide professional advice (medical, legal, therapeutic) and should not be used as a substitute for human interaction or professional support.
• Content Moderation: We implement safeguards to prevent the chatbot from generating or facilitating inappropriate content.

4. Data Collection, Privacy, and Use

• Data Collection: We may collect information you provide during your interactions with the chatbot, including questions asked, responses given, and contact information if voluntarily provided.
• Recording Consent: You consent to the recording of your interactions with the chatbot for purposes such as improving the chatbot's performance, understanding user needs, and furthering our mission.
• Privacy Policy: All data collected is handled in accordance with our Privacy Policy, which is available at Privacy Policy Link. Please review our Privacy Policy for detailed information on how we collect, use, store, protect, and share your data.
• Anonymized Data: We may use aggregated and anonymized data for analytical purposes, service improvement, and reporting on our impact, without identifying individual users.
• No Sensitive Information: You agree not to input any Personally Identifiable Information (PII) or special category data (e.g., health data, racial origin, political opinions) into the chatbot unless explicitly requested and with appropriate consent mechanisms in place. We are not responsible for any sensitive information you voluntarily provide.

5. Limitations of the Chatbot and Disclaimers (OpenAI Usage)

• AI-Generated Responses: The chatbot's responses are generated by artificial intelligence (powered by OpenAI) and may not always be accurate, complete, or current. While we strive for accuracy, AI models can sometimes produce incorrect or misleading information.
• No Guarantees: We do not guarantee the accuracy, completeness, or reliability of any information provided by the chatbot.
• No Liability: The Action Foundation Kenya is not liable for any damages or losses incurred as a result of using or relying on the chatbot's responses. You are solely responsible for verifying any information and for any decisions or actions taken based on the chatbot's output.
• Not a Substitute for Human Interaction: The chatbot is an automated tool and cannot replicate the nuances of human interaction or provide personalized advice or support.
• Availability: We do not guarantee that the Service will always be available or uninterrupted. We may suspend or withdraw the Service at any time for business or operational reasons.
• Transparency: You acknowledge that you are interacting with an AI chatbot and not a human agent.

6. User Responsibilities and Conduct

• Lawful Use: You agree to use the chatbot only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service.
• Prohibited Conduct: You agree not to:

7. Intellectual Property

• All content, technology, and intellectual property related to the chatbot (excluding user-provided content) are owned by The Action Foundation Kenya or its licensors.
• You may not use our trademarks, logos, or other proprietary information without our prior written consent.
• You retain ownership of any content you provide to the chatbot, but you grant The Action Foundation Kenya a license to use this content as described in these Terms and our Privacy Policy.

8. Third-Party Services

The chatbot may integrate with or provide links to third-party services or websites (e.g., WhatsApp platform). The Action Foundation Kenya is not responsible for the content, privacy practices, or terms of service of any third-party services.

Your use of third-party services is subject to their respective terms and conditions.

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease.

10. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising out of or relating to these Terms or the Service shall be resolved through amicable negotiation, and failing that, through the courts of Kenya.

12. Contact Information

If you have any questions or concerns about these Terms or the Service, please contact us at: info@theactionfoundationkenya.org or visit our website: theactionfoundationkenya.org.