1. Introduction
These Terms and Conditions govern your access to and use of all Ruka websites, software, and services ("Services"). By accessing, subscribing to, or using any Ruka Service, you agree to be bound by these Terms, our Privacy Policy, and any applicable Service Agreements or Data Processing Addendums. The Terms cover all present and future Ruka products including SmartChat, SmartBook, SmartTrack, SmartNudge, SmartHealth, and additional software developed by Ruka (Pty) Ltd.
2. Acceptance of Terms
By using Ruka's services, you confirm that you:
- Have read, understood, and accepted these Terms
- Have the authority to enter into a legally binding agreement
- Consent to the collection, storage, and use of your data per these Terms and Ruka's Privacy Policy
- Understand that Ruka may update these Terms periodically and that continued use constitutes acceptance of any revisions
3. Description of Services
Ruka provides cloud-based, AI-powered, and data-driven business solutions that simplify communication, automation, and operations. The product suite includes:
- SmartChat: WhatsApp and omni-channel automation
- SmartBook: CRM, invoicing, and customer data management
- SmartTrack: project management and analytics
- SmartNudge: salesforce automation and engagement
- SmartHealth: healthcare communication and data handling tools
Ruka reserves the right to enhance, modify, or discontinue any service or feature at its discretion.
4. Third-Party Systems and Integrations
Ruka integrates with platforms such as WhatsApp, Meta, Google, and OpenAI. Users acknowledge that:
- These third-party systems are governed by their own terms and policies
- Ruka does not control or guarantee their performance, uptime, or data handling
- Data processed through integrations is subject to both Ruka's and the third party's privacy terms
- Ruka shall not be liable for outages, policy changes, or limitations imposed by third-party systems
5. Data Protection and Privacy
Ruka is committed to protecting your personal and business information in compliance with the Protection of Personal Information Act (POPIA) and, where applicable, the General Data Protection Regulation (GDPR).
5.1 Data Collected
Ruka may collect and process information including personal details, company and billing information, usage and interaction data, communications, and technical identifiers.
5.2 How Data is Collected
Data is collected through account registration, product usage, API integrations, and direct communication with Ruka representatives.
5.3 How Data is Used
Ruka uses data to provide, maintain, and improve services; manage accounts; process billing; deliver customer support; send updates; perform analytics; and comply with legal obligations.
5.4 Data Storage and Security
Data is securely stored using industry-standard encryption and security practices on trusted cloud infrastructure such as Google Cloud Platform. Ruka takes reasonable steps to protect data but cannot guarantee absolute security.
5.5 Data Retention and Deletion
Data is retained as long as necessary to fulfill contractual and legal obligations or to resolve disputes, after which it is securely deleted or anonymized.
5.6 Data Sharing
Ruka does not sell or rent data. Information may be shared with service providers, legal authorities, or integrated third-party systems under strict compliance conditions.
5.7 Client Data vs Ruka Data
Data collected about Ruka's own customers is processed as a data controller. Data processed on behalf of clients (their end-users) is handled as a data processor under the client's instruction. Full details are in the Ruka Privacy Policy.
6. User Responsibilities
Users and clients agree to:
- Use services lawfully and ethically
- Provide accurate, lawful, and up-to-date information
- Obtain consent from their users where necessary
- Keep credentials secure
- Not send spam, engage in fraud, or reverse-engineer any Ruka product
Ruka may suspend or terminate accounts that violate these conditions.
7. Intellectual Property
All Ruka software, code, trademarks, designs, and documentation are the exclusive intellectual property of Ruka (Pty) Ltd. Clients are granted a limited, non-transferable right to use the services during their subscription. Custom developments remain Ruka's property unless otherwise agreed in writing.
8. AI-Generated and Automated Output Disclaimer
Some Ruka services use AI and automation technologies. Ruka makes no warranty regarding the accuracy or suitability of AI-generated content. Users are responsible for validating all outputs before acting on them.
9. Payment and Billing
Payments must follow the terms stated in each Service Agreement or subscription. Prices exclude taxes unless specified. Failure to pay may result in suspension or termination of access. Pricing may be adjusted with notice.
10. Service Availability
Ruka strives for 99.9% uptime but does not guarantee uninterrupted access. Temporary downtime may occur due to maintenance or third-party outages. Ruka is not liable for disruptions beyond its control.
11. Limitation of Liability
Ruka is not liable for indirect, incidental, or consequential damages. Ruka's total liability shall not exceed the total fees paid by the client in the three months preceding the claim. Ruka is not responsible for losses from third-party systems or AI-generated content.
12. Indemnification
You agree to indemnify and hold Ruka harmless against any claims or damages arising from misuse of services or breach of these Terms.
13. Warranties Disclaimer
All services are provided "as is" and "as available." Ruka disclaims all warranties, express or implied, including merchantability, fitness for purpose, non-infringement, and continuous operation.
14. Termination
Ruka may suspend or terminate access for breach, non-payment, or unlawful activity. Clients may terminate with 30 days' written notice, subject to settling outstanding fees. Data handling follows the retention and deletion policy outlined above.
15. Future Products and Services
These Terms automatically apply to all current and future Ruka products, modules, updates, and integrations.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa. Disputes will be resolved by the Arbitration Foundation of South Africa (AFSA) in Johannesburg. The arbitrator's decision will be final and binding.
17. Severability
If any provision is found unenforceable, the remaining terms remain valid and in full effect.
18. Contact Information
Legal Department – Ruka (Pty) Ltd
Email: legal@ruka.africa
Location: Johannesburg, South Africa
19. Entire Agreement
These Terms, together with Ruka's Privacy Policy and any signed Service Agreements, constitute the complete agreement between you and Ruka.