Terms of Service

1. Acceptance of Terms

By accessing, registering for, purchasing, configuring, or using Shkena, you agree to these Terms of Service. If you accept these terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

If you do not agree to these terms, you may not access or use the service.

2. Shkena Services

Shkena provides software and related services for business messaging, conversational automation, AI-assisted workflows, customer communication, integrations, and related operational tools.

We may add, modify, suspend, or discontinue features from time to time. Some features may depend on third-party platforms, infrastructure providers, or AI providers.

3. Eligibility and Accounts

You must provide accurate information, keep your account credentials secure, and remain responsible for all activity under your account.

You are responsible for ensuring that the people you authorize to use your workspace or account comply with these terms.

4. Customer Responsibilities

You are solely responsible for the legality, accuracy, quality, and use of the content, contacts, prompts, workflows, automations, templates, campaigns, and other materials you upload, connect, generate, or send through Shkena.

You are also responsible for reviewing outputs before relying on them in customer-facing, legal, financial, employment, healthcare, or other sensitive contexts.

• Obtaining all required consents, opt-ins, and permissions
• Honoring opt-outs, unsubscribe requests, and communication preferences
• Keeping your contact lists and connected systems lawfully obtained and up to date
• Ensuring your messaging and data practices comply with applicable law

5. Messaging, Consent, and Compliance

If you use Shkena to send or facilitate email, SMS, WhatsApp, or other messages, you are solely responsible for compliance with all applicable laws, regulations, industry rules, and platform requirements, including rules relating to consent, telemarketing, privacy, consumer protection, disclosures, and recordkeeping.

Shkena does not provide legal advice and is not responsible for determining whether your communications, campaigns, consent flows, templates, or customer journeys are compliant.

6. Third-Party Platforms and Integrations

Shkena may interoperate with services and platforms provided by third parties, including messaging channels, payment providers, analytics services, cloud providers, and AI providers. Your use of those services may also be subject to their separate terms, policies, and approval processes.

We are not responsible for third-party downtime, outages, policy changes, rejected templates, account restrictions, API changes, delivery failures, or suspensions imposed by third-party providers.

7. AI Features

Shkena may offer features that use artificial intelligence, machine learning, or similar technologies. AI-generated outputs may be incomplete, inaccurate, biased, unavailable, or unsuitable for your intended use.

You are responsible for human review and for deciding whether to use, send, publish, or rely on any AI-generated suggestion or output.

8. Prohibited Uses

You may not use Shkena for unlawful, deceptive, abusive, infringing, discriminatory, or harmful activity, or in any way that threatens the security, integrity, or availability of the service.

• Sending spam or messages without required consent
• Uploading unlawful, infringing, or malicious content
• Attempting unauthorized access, scraping, reverse engineering, or interference
• Using the service to violate the rights of others or third-party platform rules

9. Fees and Payment

If you purchase paid services, you agree to pay applicable fees, taxes, and charges under the pricing and billing terms presented to you at the time of purchase.

Unless otherwise stated in a separate written agreement, fees are non-refundable except where required by law.

10. Confidentiality and Data

Each party will protect the other party’s confidential information using reasonable care and will use it only as needed to perform under these terms or as otherwise permitted by law.

Our handling of personal data is described in our Privacy Policy. If you use Shkena for business purposes, you remain responsible for your own disclosures, legal bases, notices, and compliance obligations relating to personal data you control.

11. Intellectual Property

Shkena and its related software, branding, interfaces, and content are owned by Shkena or its licensors and are protected by applicable intellectual property laws.

You retain rights in the content and materials you submit to the service, but you grant Shkena a limited right to host, process, transmit, display, and use that content as necessary to provide, secure, improve, and support the service.

12. Suspension and Termination

We may suspend or terminate access to Shkena at any time if we reasonably believe there is abuse, fraud, security risk, legal exposure, non-payment, violation of these terms, or a third-party platform requirement that affects your use.

You may stop using the service at any time. Sections that by their nature should survive termination will continue to apply after termination.

13. Disclaimers

Shkena is provided on an as-is and as-available basis to the maximum extent permitted by law. We do not guarantee uninterrupted availability, successful delivery, error-free operation, or that the service will meet every legal, business, or technical requirement you may have.

14. Limitation of Liability

To the maximum extent permitted by law, Shkena will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, data, or expected savings.

To the maximum extent permitted by law, Shkena’s total aggregate liability arising out of or relating to the service or these terms will not exceed the greater of one hundred U.S. dollars (USD $100) or the amount you paid to Shkena for the applicable paid services during the three months before the event giving rise to the claim.

15. Indemnification

You agree to defend, indemnify, and hold harmless Shkena and its affiliates, officers, directors, employees, and service providers from claims, damages, liabilities, losses, costs, and expenses arising out of or related to your content, your use of the service, your communications, your connected data sources, or your violation of these terms or applicable law.

16. Governing Law and Disputes

These terms will be governed by the law specified in any separate written agreement between you and Shkena. If there is no separate written agreement, these terms will be governed by the laws of Costa Rica and the parties submit to the courts of Costa Rica, unless mandatory consumer or other non-waivable law requires otherwise.

Before filing a formal claim, the parties agree to first attempt to resolve the dispute in good faith by written notice.

17. Changes to Terms

We may update these terms from time to time. If we make material changes, we may provide notice by updating the effective date, posting the revised terms, or using other reasonable means.

Your continued use of Shkena after the updated terms become effective means you accept the revised terms.

18. Contact

For legal or terms-related questions, contact hello@shkena.com. Unless a separate written agreement states otherwise, the contracting party for Shkena is Carlos Campos Herrera, Costa Rican ID 1-0990-0665, domiciled in Naranjo, Alajuela, Costa Rica.