Khula Terms of Service

These Terms of Service ("Terms") are an agreement between you and Khula Technologies Limited (RC 9741707), a company incorporated in the Federal Republic of Nigeria with its registered office at 8 Abudu Odusanya Street, Magodo Phase 1, Lagos, Nigeria ("Khula", "we", "us", "our"). They cover our website at khula.app, the Khula app at beta.khula.app, and every service we provide through them (together, the "Service").

By creating an account or using the Service, you agree to these Terms and confirm that you have read our Privacy Policy, which explains how we handle your personal information. If you use Khula on behalf of a business, you agree to these Terms for that business and confirm that you have the authority to do so. If you do not agree, do not use the Service.

1. Who can use Khula

You may use Khula only if:

• You are at least 18 years old
• You can enter into a binding contract
• You are not barred from using the Service by the laws of Nigeria or any other country that applies to you, including sanctions and export control laws

2. What Khula does

Khula lets you plan, schedule and publish content to social media accounts you connect: Facebook Pages, Instagram Business and Creator accounts, X (Twitter) accounts, TikTok accounts, LinkedIn profiles and Pages, and YouTube channels. It includes workspaces for organising your brands or clients, a content calendar, drafts, content ideas, posting goals and an AI caption generator.

We keep improving Khula, so features may be added, changed or removed. Some features may be labelled beta or coming soon. They may not work as expected and may change or be removed. If we make a change that significantly reduces what your paid plan includes, we will tell you in advance and you can cancel (section 10.7).

3. Your account

• Give us accurate information when you sign up, and keep it up to date.
• Keep your password secure. You are responsible for everything that happens under your account, including anything done by people you let use it.
• Tell us at support@khula.app straight away if you think someone has used your account without your permission.

4. Connecting social media accounts

4.1 Your permission. When you connect a social media account, you sign in on the platform's own page and grant Khula the permissions listed there. You authorise Khula to use those permissions to publish the content you schedule and to provide the other features of the Service, as described in our Privacy Policy.

4.2 Accounts you manage. You may only connect accounts that you own or are authorised to manage. If you connect an account that belongs to a client, employer or anyone else, you confirm that they have given you permission.

4.3 Platform rules. Each platform has its own terms and policies, and you must follow them when you use Khula to publish there. This includes the terms of Meta (Facebook and Instagram), X, TikTok, LinkedIn and YouTube. By connecting a YouTube channel to Khula, you agree to be bound by the YouTube Terms of Service.

4.4 Platforms are outside our control. The platforms decide what their APIs allow, and they can change, limit or withdraw it at any time. A platform may reject or remove a post, limit a feature, require you to reconnect your account, or restrict or suspend your account. Some account types cannot be used: for example, Instagram requires a Business or Creator account, and Facebook publishing works with Pages, not personal profiles. We are not responsible for what a platform does, and Khula is not affiliated with, endorsed by or sponsored by Meta, X, TikTok, LinkedIn or Google.

4.5 Disconnecting. You can disconnect an account in Settings at any time, which deletes its access tokens. You can also remove Khula's access from the platform's own settings, as explained in our Privacy Policy.

5. Scheduling and publishing

5.1 You decide what is published. You choose the content, the accounts and the date and time of each post. Khula publishes it automatically at or shortly after the time you choose. You can also publish a post straight away. Check the date, time and time zone before you schedule.

5.2 When a post fails. If a platform rejects a post or an error stops it from going out, we show this in the app, and we email you if a scheduled post did not go out. You can retry a failed post yourself. When fixing a problem, our support team may also retry a post that failed, which publishes the content you already scheduled.

5.3 No guarantee. We work hard to publish every post on time, but we cannot guarantee that a post will be published at the exact time, or at all. Platforms may also change your content when they process it, for example by compressing or cropping images and videos.

5.4 Published posts. Once a post is published, it is on the platform and that platform's terms apply to it. Khula does not delete posts from social media platforms. To remove a published post, delete it on the platform.

5.5 An active trial or plan is needed. You can only schedule, publish or retry posts while you have an active trial or paid plan (section 11).

6. Your content

6.1 You own your content. You keep all rights in the text, images, videos and other material you create, upload or schedule in Khula ("Your Content").

6.2 Our licence to use it. You give Khula a non-exclusive, worldwide, royalty-free licence to store, copy, process, display and transmit Your Content only to provide the Service to you. This includes sending it to the platforms and accounts you choose, sending it to OpenAI when you use the AI caption generator, and storing your media at web addresses that platforms can fetch it from when publishing. The licence ends when you delete Your Content or your account, except for content already published to a platform and copies kept for a limited time in our backups.

6.3 Your responsibility. You are responsible for Your Content. You confirm that you have all the rights and permissions needed to publish it, including for any music, images, video, logos and trademarks it contains, any people who appear in it, and anyone you tag as a collaborator. You also confirm that it does not break the law, the rights of others, any platform's rules or section 8.

6.4 Media links. Images and videos you upload are stored at long, random web addresses so that platforms can fetch them. These addresses are not listed or searchable, but anyone who has the exact address can open the file. Do not upload anything you would not be comfortable publishing.

6.5 We do not review content in advance. We do not check posts before they are published, but we may remove content or stop a post from being published if we reasonably believe it breaks these Terms or the law.

7. The AI caption generator

7.1 Suggestions only. The AI caption generator uses OpenAI's models to suggest captions from the description, tone and platform you give it, and, on paid plans, from an image you choose. AI can get things wrong. Captions may be inaccurate, unsuitable or similar to captions suggested to other people. Review every caption before you use it. Nothing is published until you add a caption to a post and schedule or publish it, and you are responsible for what you publish.

7.2 Using the captions. We do not claim ownership of the captions you generate, and you may use them freely, subject to these Terms.

7.3 Limits. The number of captions you can generate each day depends on your plan, and limits reset at midnight UTC. Generating a caption from an image is only available on paid plans. The caption generator is not available after your trial or plan ends.

7.4 Proper use. Do not use the caption generator to create content that breaks section 8.

8. Acceptable use

You must not use Khula to:

• Break any law or regulation, or help anyone else do so
• Publish content that infringes anyone's copyright, trademark, privacy or other rights
• Publish content that is hateful, harassing, threatening, defamatory, sexually exploits children or promotes violence
• Mislead people, run scams or phishing, or impersonate any person or organisation
• Send spam, buy or fake engagement, or take part in coordinated inauthentic behaviour or other platform manipulation
• Break the terms or policies of any connected platform
• Connect or publish to an account you are not authorised to use
• Upload malware or anything else designed to harm systems or data
• Gain unauthorised access to Khula, other users' accounts or our systems, or test their security without our written permission
• Copy, reverse engineer, scrape or overload the Service, or get around its limits or security
• Create more than one account, or more than one free trial, to get around plan limits or the trial rules
• Resell, rent or sublicense access to Khula itself. Managing your clients' social media accounts through your own Khula account is allowed.

If you break these rules, we may remove content, stop posts from being published, or suspend or close your account (section 12).

9. Free trial

9.1 New accounts get a 7-day free trial. You do not need a card to start it, and you will not be charged automatically when it ends.

9.2 During the trial you can use Khula with the limits shown in the app. For example, AI captions have a daily limit and generating a caption from an image is not included.

9.3 If you subscribe during your trial, your paid plan and its first billing period start on the day you subscribe, and the rest of the trial ends.

9.4 If you do not subscribe by the end of the trial, your account becomes inactive as described in section 11.

9.5 Each person or business may have one free trial. We may extend a trial or give complimentary access at our discretion, for the period we set.

10. Paid plans and payment

10.1 Plans. Khula offers paid plans, currently Solo and Studio, billed monthly or annually. The features and limits of each plan are shown on our pricing page and in Settings > Billing when you subscribe.

10.2 Prices and currency. We show prices in Nigerian naira if you are in Nigeria and in US dollars elsewhere, based on where your internet connection comes from. The price shown when you subscribe is the amount you will be charged for each billing period. Your bank or card issuer may add its own fees, for example for payments in a foreign currency.

10.3 Payment processing. Payments are processed by Paystack. You enter your card details on Paystack's payment page, and Paystack's own terms also apply. Your card is saved with Paystack when you first pay. We only charge a saved card while you have a subscription, or when you ask us to (for example, when you upgrade).

10.4 Billing and renewal. Plans are paid in advance at the start of each billing period. Your subscription renews automatically at the end of each period and is charged to your saved card until you cancel. You authorise us and Paystack to charge your saved card for renewals, for the payment retries described in section 10.6, and for upgrades you request.

10.5 Changing plans.

• Solo to Studio: You can upgrade in Settings > Billing. You pay the full Studio price straight away, Studio starts immediately with a new billing period that begins that day, and your Solo subscription ends. There is no refund or credit for time left on your Solo plan. If you have a saved card, it may be charged as soon as you confirm the upgrade.
• Any other change (Studio to Solo, or monthly to annual and back): cancel your current subscription in Settings > Billing. You can then subscribe to a different plan at any time. The new plan is charged in full when you subscribe and starts that day, and there is no refund or credit for time left on your old plan.

10.6 Failed payments. If a renewal payment fails, we email you. You keep access to your plan for 7 days from the first failed payment. During those 7 days, we may try to charge your saved card again, up to once a day, and you can pay yourself from Settings > Billing. If a payment goes through, your new billing period starts on the day of that payment. If no payment goes through within the 7 days, your plan ends, your subscription is cancelled and we email you to confirm. You do not need to do anything to stop a failed subscription: it ends on its own when the 7 days are up.

10.7 Cancelling. You can cancel an active subscription at any time in Settings > Billing. Cancelling stops future renewals. You keep access to your plan until the end of the period you have paid for, and then your plan ends (section 11). If you subscribe again before that date, a new subscription starts and is charged that day.

10.8 Refunds. Payments are non-refundable, except where the law requires a refund or these Terms say otherwise (section 12.3). We do not give refunds or credits for part of a billing period, for features you did not use, or for time left on a plan you upgrade from or cancel. If you think we have charged you by mistake, email support@khula.app. We will refund any charge we made in error.

10.9 Price changes. We may change our prices. We will email you at least 30 days before a new price applies to your subscription, and it will apply from your first renewal after that notice period. If you do not want to pay the new price, cancel before that renewal.

10.10 Payment disputes. If you dispute a payment with your bank instead of contacting us, we may suspend your plan while the dispute is open.

11. When a trial or plan ends

When your trial ends without a subscription, or your paid plan ends:

• You can still sign in and see your workspaces, posts, drafts and connected accounts.
• You cannot schedule, publish or retry posts, create workspaces, connect new accounts or use the AI caption generator.
• Posts that were scheduled for after that point are not sent. They are marked as failed, and you can retry them once you subscribe.
• We do not delete your data. It stays in your account until you delete it or ask us to delete your account, as explained in our Privacy Policy.

Subscribing again restores access straight away.

12. Closing your account

12.1 By you. You can stop using Khula at any time. You can delete workspaces yourself in Settings > Workspaces, which cannot be undone. To delete your whole account, email support@khula.app from the email address on your account. We will cancel any active subscription first so you are not charged again, then delete your account within 30 days, as explained in our Privacy Policy. There is no refund for time left on your plan.

12.2 By us. We may suspend or close your account, or stop a post from being published, if:

• You break these Terms, especially section 8
• Your use of Khula involves fraud or abuse, or puts Khula, other users, the platforms or the public at risk
• You do not pay what you owe
• The law, a court, a regulator or a connected platform requires it

Where it is reasonable, we will tell you first and give you a chance to fix the problem. We may act without notice where the breach is serious or the law requires it.

12.3 If we stop offering Khula. If we decide to stop offering the Service altogether, we will give you at least 30 days' notice by email and refund the unused part of any period you have paid for.

12.4 What continues. Sections 6.3, 10.8, 13 and 15 to 19 continue to apply after your account is closed.

13. Khula's rights

Khula and its licensors own the Service, including its software, design, text, graphics, trademarks and logos. We give you a limited, non-exclusive, non-transferable right to use the Service for its intended purpose while these Terms apply. We keep all rights we do not expressly give you.

If you send us ideas or feedback, for example through Request a Feature, we may use them freely without owing you anything.

14. Third-party services

Khula relies on services run by other companies, including the social media platforms you connect, Paystack for payments and OpenAI for AI captions. Their terms and policies apply to your use of them. We are not responsible for their services, their availability or anything they do with your content once it is sent to them at your request.

15. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, we do not promise that:

• The Service will always be available, uninterrupted, secure or free of errors
• Any post will be published on time or at all
• Using Khula will increase your reach, engagement, followers or sales
• Any post results we show are complete or accurate, since they come from the platforms
• AI captions will be accurate or suitable

Keep your own copies of any content that matters to you. Khula is not a backup service.

16. Limitation of liability

To the fullest extent the law allows:

• Khula is not liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, business, goodwill or data.
• Khula is not liable for posts that are published late or not at all, for anything a platform does, or for content you publish.
• Khula's total liability to you for all claims relating to the Service is limited to the amount you paid us in the 12 months before the event that gave rise to the claim.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including liability for fraud, or any rights you have as a consumer under the Federal Competition and Consumer Protection Act 2018 or the consumer laws of the country where you live.

17. Indemnity

To the extent the law allows, you agree to cover Khula and its directors, employees and agents against any claims, losses, liabilities and reasonable legal costs arising from Your Content, your breach of these Terms, or your breach of the law, the rights of others or any platform's terms.

18. Governing law and disputes

18.1 Governing law. These Terms are governed by the laws of the Federal Republic of Nigeria.

18.2 Talk to us first. If you have a dispute with us, email support@khula.app. We will try to resolve it with you within 30 days.

18.3 Arbitration. If we cannot resolve the dispute within 30 days, either of us may refer it to binding arbitration under the Arbitration and Mediation Act 2023. The arbitration will be held in Lagos, Nigeria, in English, before a single arbitrator.

18.4 Courts. Either of us may ask the courts of Lagos State, Nigeria, for urgent relief, such as an injunction. Nothing in this section stops you from complaining to the Federal Competition and Consumer Protection Commission or any other regulator, or takes away any right you have under the law of the country where you live to bring a claim in your local courts.

19. Changes to these Terms

We may update these Terms. If a change is significant, we will email you or show a notice in the app at least 14 days before it takes effect. Other changes, such as clarifications or changes the law requires, take effect when we publish them. The "Last updated" date at the top shows when the Terms last changed. If you keep using Khula after a change takes effect, you accept the updated Terms. If you do not agree, stop using Khula and cancel your subscription before the change takes effect.

20. General

• Entire agreement. These Terms, our Privacy Policy and anything shown to you when you subscribe are the whole agreement between you and Khula about the Service.
• Severability. If any part of these Terms is found to be unenforceable, the rest stays in effect.
• No waiver. If we do not enforce a part of these Terms straight away, we can still enforce it later.
• Transfer. You may not transfer your rights under these Terms without our written consent. We may transfer ours as part of a merger, acquisition or sale of our business, and we will tell you if we do.
• Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages or changes at the platforms or our service providers, internet or power failures, natural disasters, war, civil unrest, strikes or government action.
• Notices. We send notices to the email address on your account. You can send notices to support@khula.app.
• No third-party rights. Only you and Khula have rights under these Terms.

21. Contact us

Khula Technologies Limited
RC 9741707
8 Abudu Odusanya Street, Magodo Phase 1, Lagos, Nigeria
Email: support@khula.app