Legal

Terms of service

1. Who we are

Kiexus is a WhatsApp booking automation service operated by Luke Barry, trading as Kiexus, based in Surrey, United Kingdom (3 Ledbury Road, Reigate, Surrey, RH2 9HN). By using Kiexus you agree to these terms. For any questions contact hello@kiexus.com.

2. The service

Kiexus provides WhatsApp booking automation software that enables your clients to book, cancel, and reschedule appointments via WhatsApp. The service integrates with Google Calendar and, where applicable, Stripe for payment processing.

Kiexus provides software infrastructure only. We are not a party to any transaction between you and your clients. All client relationships, appointments, deposits, and payments are between you and your clients.

3. Subscriptions and payment

Kiexus is offered on a monthly subscription basis. Your subscription begins on the date your service goes live and renews automatically each month on the same date.

Subscription fees are charged in advance at the start of each billing period. All prices are in GBP and are inclusive of any applicable taxes unless otherwise stated.

We reserve the right to change subscription pricing with 30 days written notice to active subscribers. Price changes do not apply to the current billing period.

4. Cancellation

You may cancel your Kiexus subscription at any time by contacting us at hello@kiexus.com. No minimum term, no cancellation fee, no notice period required.

Your service will continue until the end of your current billing period. No refunds are issued for partial months. After cancellation, your WhatsApp automation will be deactivated and your booking data will be retained for 12 months before deletion, in line with our Privacy Policy.

5. Setup

Initial setup is included at no extra charge. Your monthly subscription begins when your Kiexus service goes live.

You agree to provide the information and access reasonably required to configure and test the service.

6. Stripe payments and deposits

Where the Stripe deposit collection feature is enabled, the following applies:

• You are the merchant of record for all payments collected from your clients. Kiexus is not a party to any payment transaction.
• Stripe processing fees are your responsibility. These are charged by Stripe directly and are not included in your Kiexus subscription.
• Chargeback liability sits entirely with you as the merchant of record. Kiexus accepts no liability for chargebacks, refund disputes, or payment fraud arising from transactions between you and your clients.
• You are responsible for maintaining a compliant refund and cancellation policy and communicating it clearly to your clients.
• Client deposits are held by Stripe on your behalf. Kiexus does not hold, process, or have access to client funds at any time.
• You are responsible for all tax obligations arising from payments collected through the platform.

7. Your responsibilities

By using Kiexus you agree to:

• Provide accurate business information during onboarding and keep it up to date
• Maintain your Google Calendar accurately so the system reflects your true availability
• Comply with Meta's WhatsApp Business Platform terms and policies
• Comply with UK GDPR in your handling of your clients' personal data
• Not use the service for any unlawful purpose
• Inform your clients that their booking enquiries are handled by an automated system
• Maintain a clear cancellation and deposit policy and communicate it to your clients

8. WhatsApp and Meta compliance

The service operates via the WhatsApp Business Platform, which is subject to Meta's terms of service. You are responsible for ensuring your use of the platform complies with Meta's policies. Kiexus reserves the right to suspend the service immediately if Meta restricts or suspends access to your WhatsApp Business number for policy violations.

Meta may update its policies at any time. We will notify you of any material changes that affect your service where we are made aware of them.

9. Service availability and limitations

We aim to provide a reliable, high-availability service but we do not guarantee 100% uptime. The service depends on third-party infrastructure including Meta's WhatsApp Business Platform, Google Calendar, Twilio, Make.com, and Stripe. We are not responsible for downtime or failures caused by these third-party services.

We are not liable for any missed bookings, lost revenue, or client communications that occur as a result of service downtime, third-party failures, or incorrect calendar configuration on your part.

10. Limitation of liability

To the fullest extent permitted by law, Kiexus's total liability to you for any claim arising out of or in connection with this agreement shall not exceed the total subscription fees paid by you in the three months preceding the claim.

Kiexus is not liable for any indirect, consequential, or special losses including but not limited to lost revenue, lost bookings, loss of data, or reputational damage.

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

11. Intellectual property

All software, systems, automation flows, and intellectual property relating to the Kiexus platform remain the property of Luke Barry trading as Kiexus. You are granted a non-exclusive, non-transferable licence to use the service for the duration of your subscription.

Your client data, booking history, and business information remain your property at all times.

12. Termination by Kiexus

We reserve the right to suspend or terminate your account immediately if you breach these terms, fail to pay your subscription, or use the service in a way that violates applicable law or Meta's platform policies. Where possible we will provide notice before termination.

13. Changes to these terms

We may update these terms from time to time. Material changes will be communicated to active subscribers by email at least 14 days before they take effect. Continued use of the service after that date constitutes acceptance of the updated terms.

14. Governing law

These terms are governed by the laws of England and Wales. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact

For any questions about these terms, contact us at hello@kiexus.com.