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Terms of Service

Last updated: 17 July 2026

These Terms of Service (“Terms”) are a legal agreement between you and Wahy Labs(“Wahy”, “we”, “us”), based in Nairobi, Kenya, operator of the Wahy platform at wahylabs.com. By creating an account or using Wahy, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you are authorised to bind that business.

Our Privacy Policy (which explains how we handle personal data) is part of these Terms.

1. What Wahy is

Wahy lets a service business (a “tenant”) create a public booking website and an admin dashboard on a subdomain of wahylabs.com, take bookings, manage content (gallery, journal, FAQs, services and prices), message customers over WhatsApp, and collect payments via M-Pesa. Wahy is a software service — we provide the tools; the tenant runs its own business, sets its own prices and services, and delivers its own appointments.

2. Accounts and eligibility

  • You must be at least 18 and able to enter a binding contract.
  • Sign-in is passwordless (email magic link or Google sign-in). Keep access to your email/Google account secure — anyone with it can access your Wahy account.
  • You are responsible for everything done under your account.

3. Your responsibilities as a tenant — data protection (important)

This section is central. When you use Wahy to collect and manage your customers’ personal data (names, phone numbers, WhatsApp messages, addresses, bookings), you are the “data controller” of that data and Wahy is your “data processor” under the Kenya Data Protection Act, 2019.

You agree that:

  • You have a lawful basisto collect and use your customers’ data, and you comply with the Kenya Data Protection Act and any other law that applies to your business.
  • You inform your own customers about how you use their data (e.g. your own privacy notice), and you obtain any consent required — including for WhatsApp marketing/re-engagement messages.
  • You will register with the Office of the Data Protection Commissioner (ODPC) if the law requires it for your business.
  • You only use Wahy’s messaging features lawfully — no spam, and you honour opt-outs (Wahy provides STOP/START handling, but the obligation is yours).
  • Wahy processes your customers’ data only on your instructions, only to provide the service, and does not use it for our own purposes. We keep it isolated per tenant, apply the security described in the Privacy Policy, and assist you with data-subject requests, export and deletion. Where a written data-processing agreement is required between us for this arrangement, we will make one available.

4. Acceptable use

You must not, and must not allow anyone to:

  • break the law, or infringe anyone’s rights (including intellectual-property or privacy rights);
  • upload unlawful, harmful, deceptive, or infringing content, or content you have no right to use;
  • send spam, or messages to people who have not agreed to hear from you / have opted out;
  • attempt to access other tenants’ data, probe or breach our security, reverse-engineer, scrape, or overload the platform;
  • use Wahy to process payments fraudulently or to launder money;
  • resell or white-label the platform without our written agreement.

We may suspend or remove content or accounts that breach these Terms or the law.

5. Payments, subscriptions and trials

  • Wahy is a paid subscription service, priced in Kenyan Shillings (KES) and billed via M-Pesa (Safaricom Daraja STK Push).
  • Free trial: new tenants get a free trial (its length is shown at signup). At the end of the trial, unless you subscribe, your account may become read-only and later suspended.
  • Subscription: the price, billing interval and what each plan includes are shown at signup and in your dashboard. Your subscription renews for successive periods until cancelled.
  • Payment method: we process M-Pesa payments and store the phone number, amount, and M-Pesa receipt reference. We never handle card or bank-account details.
  • Failed/late payment:if a renewal payment fails, your account may move to “past due”, then after a grace period to “suspended”. We may restrict access to features until payment is made.
  • Cancellation: you can cancel at any time. Cancelling stops future renewals; your service continues until the end of the period you have already paid for. We generally do not provide pro-rata refunds for the current period.
  • Price changes: we may change prices on reasonable notice; changes apply from your next billing period.

6. Your content and intellectual property

  • Your content stays yours. You keep all rights in the content you upload (images, text, business info). You grant Wahy a limited licence to host, process and display it only to provide the service to you.
  • You are responsible for having the rights to everything you upload (for example, that you own or are licensed to use the photos).
  • Wahy’s platform stays ours. The Wahy software, design, and brand are owned by us or our licensors. These Terms do not give you any right to them beyond using the service.
  • Feedback you send us may be used to improve Wahy without obligation to you.

7. Third-party services

Wahy connects to third-party services — M-Pesa (Safaricom), WhatsApp (Meta), Google (sign-in and, if you enable it, Calendar), and our hosting providers. Your use of those integrations may also be subject to their terms. We are not responsible for third-party services we do not control, and their availability can affect features (e.g. an M-Pesa or WhatsApp outage).

8. Availability, changes and beta features

  • We work to keep Wahy available but do not guarantee uninterrupted or error-free service. We may perform maintenance, and may change, add or remove features.
  • Some features may be offered as early / beta and may change or be withdrawn.

9. Disclaimers

To the fullest extent permitted by law, Wahy is provided “as is” and “as available”, without warranties of any kind — express or implied — including fitness for a particular purpose, merchantability, or non-infringement. We do not warrant that the service will meet your requirements, be uninterrupted, secure, or error-free. You are responsible for your relationship with your own customers, for the accuracy of your listings and prices, and for delivering your appointments.

10. Limitation of liability

To the fullest extent permitted by law:

  • Wahy is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill, data, or business, arising from your use of (or inability to use) the service.
  • Wahy’s total aggregate liability for any claim relating to the service is limited to the amount you paid us in the 3 months before the event giving rise to the claim.
  • Nothing in these Terms excludes liability that cannot be excluded by law (e.g. for fraud, or death/personal injury caused by negligence).

11. Indemnity

You agree to indemnify and hold Wahy harmless from claims, losses and costs (including reasonable legal fees) arising from your content, your use of the service, your breach of these Terms, or your breach of data-protection or other law in respect of your customers.

12. Suspension and termination

  • You can stop using Wahy and delete your account at any time. On deletion, your data follows the retention and purge process in the Privacy Policy (30-day grace, then permanent deletion).
  • We may suspend or terminate your account if you breach these Terms or the law, fail to pay, or if we must to protect the platform or other users. Where practical we will give notice.
  • Sections that by their nature should survive termination (e.g. IP, disclaimers, limitation of liability, indemnity, governing law) survive.

13. Changes to these Terms

We may update these Terms as the service or the law changes. We will update the “Last updated” date and, for material changes, take reasonable steps to notify you. Continuing to use Wahy after changes take effect means you accept them.

14. Governing law and disputes

These Terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction. We encourage you to contact us first at contact@wahylabs.com to resolve any issue informally.

15. General

  • If any part of these Terms is unenforceable, the rest remains in effect.
  • We may assign these Terms (e.g. in a merger); you may not assign yours without our consent.
  • These Terms, plus the Privacy Policy, are the entire agreement between you and Wahy about the service.
  • Our failure to enforce a term is not a waiver of it.

16. Contact

Wahy Labs — contact@wahylabs.com — wahylabs.com.

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