Terms of Service

AskKay is a WhatsApp-based ordering platform that allows hospitality and retail venues ("Operators") to accept orders from their customers ("Guests") via WhatsApp Business API. Kayana provides the technology; the contract for food, drink and other goods is between the Operator and their Guest.

2.1 Eligibility

You must be a legally registered business and authorised to operate food or beverage service in your jurisdiction. You must be 18 or older to create an account.

2.2 Account responsibility

You are responsible for keeping your login credentials secure and for all activity under your account. Notify us immediately at support@kayanaworld.com if you suspect unauthorised access.

2.3 Menus and pricing

You are solely responsible for the accuracy of your menu, pricing, allergen information and any legal disclosures required in your jurisdiction. Kayana does not verify menu accuracy.

When a Guest places an order via AskKay, the order is a contract between the Guest and the Operator. Kayana facilitates the transaction but is not a party to it. The Operator is responsible for fulfilling orders and handling complaints about food quality or service.

Payments are processed by Stripe Inc. By using AskKay you agree to Stripe's terms of service. Kayana and Operators use Stripe Connect. Refunds and disputes are handled between Operators and their Guests; Kayana may assist in resolving disputes but is not obligated to do so. Kayana charges a service fee per transaction as set out in your Operator agreement.

AskKay operates via Meta's WhatsApp Business API. Your use of AskKay is subject to Meta's Business Terms and WhatsApp Business Solution Terms. We are not responsible for changes Meta makes to its platform or API that affect the service.

You must not use AskKay to:

• Sell illegal goods or services
• Misrepresent your business, products or allergen information
• Spam, harass or send unsolicited marketing messages
• Attempt to reverse-engineer, scrape or overload the platform
• Process payments for goods or services not fulfilled through your venue
• Violate any applicable law or regulation

Violation may result in immediate suspension or termination of your account.

AskKay, the AskKay logo and all platform software remain the property of Kayana For Business Ltd. You may not copy, modify or distribute our software or brand assets without written permission. You retain all rights to your menu content and business data.

Our collection and use of personal data is governed by our Privacy Policy. As an Operator, you are a data controller for your Guest data; Kayana acts as a data processor on your behalf and will enter into a Data Processing Agreement on request.

We aim for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible. We are not liable for losses arising from outages of WhatsApp, Stripe, AWS or other third-party infrastructure.

To the maximum extent permitted by law, Kayana's liability to you is limited to the fees you paid in the three months preceding the claim. We are not liable for indirect, consequential, incidental or punitive damages. Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud or any other liability that cannot be excluded by law.

Either party may terminate an Operator account with 30 days' written notice. We may terminate immediately for material breach of these Terms, non-payment or illegal activity. Upon termination, your access to the platform will cease. We will retain data as required by law and our Privacy Policy.

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws in your jurisdiction provide otherwise.

We may update these Terms from time to time. We will give Operators 30 days' notice of material changes by email. Continued use of AskKay after that period constitutes acceptance of the updated Terms.

Legal queries and notices: