Terms & Conditions

These Terms & Conditions ("Terms") form a legally binding agreement between you (and the company, organization, brand, agency, or campaign you represent, collectively "Customer" or "you") and Hisia ("Hisia", "we", "us", or "our") governing your access to and use of https://hisia.app and the Hisia software platform, APIs, dashboards, and related services (collectively, the "Services").

By creating an account, clicking 'Accept', requesting a demo, or accessing any part of the Services, you agree to be bound by these Terms and our Privacy Policy.

• Age & Authority: You must be at least 18 years of age and have the legal authority to bind the entity or organization on whose behalf you are using the Services.
• Updates to Terms: We may revise these Terms from time to time. Continued use of the Services after an update takes effect constitutes acceptance of the revised Terms.

Hisia provides a unified platform for PR, communications, marketing, and leadership teams to monitor public media and coordinate multi-channel outreach, including:

• Live Media & Broadcast Monitoring: Real-time tracking of television, FM and regional radio stations, print and online newspapers, podcasts, and public social media feeds.
• Sentiment Analysis & Public Opinion Research: Automated classification of public mood, topic velocity, share of voice, competitor comparisons, and performance reporting.
• Multi-Channel Outreach & Unified Inbox: Collaborative drafting, scheduling, and audience response tools across WhatsApp, TikTok, X (Twitter), Facebook, Instagram, YouTube, Telegram, and SMS.

To access the platform, you must register a workspace account and provide accurate, current, and complete information.

• Credential Confidentiality: You are solely responsible for safeguarding your login credentials, API tokens, and connected social media or messaging session keys.
• Workspace Seat Activity: You are responsible for all actions taken under your workspace by your employees, contractors, agencies, or invited team members, whether or not specifically authorized by you.
• Unauthorized Access Notification: You must notify legal@hisia.app immediately if you suspect any unauthorized use of your workspace or security breach.

When using Hisia's content creation, unified inbox, or organic outreach features across WhatsApp, SMS, X, TikTok, Facebook, Instagram, Telegram, or any other channel, you represent, warrant, and covenant that you will comply with all applicable laws and platform rules:

• Kenya Telecommunications & Cyber Laws: Full compliance with the Kenya Information and Communications Act (KICA, Cap 411A), Communications Authority of Kenya (CA) bulk SMS and marketing regulations, the Data Protection Act, 2019, the Computer Misuse and Cybercrimes Act, 2018, and the National Cohesion and Integration Act.
• United States & International Messaging Laws: Full compliance with the US Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), Federal Communications Commission (FCC) and Federal Trade Commission (FTC) telemarketing rules, the CAN-SPAM Act, and the EU ePrivacy Directive (2002/58/EC).
• Third-Party Platform Terms: Strict adherence to the terms of service, developer policies, and anti-spam rules of WhatsApp Business, Meta, X Corp, TikTok, YouTube, and Telegram.
• Strict Prohibitions: You may NOT use Hisia to (a) send unsolicited bulk spam or messages to individuals who have opted out; (b) transmit unlawful hate speech, incitement to violence, defamation, or fraudulent impersonations; (c) conduct unlawful state or private surveillance, stalking, or harassment of individuals; or (d) probe, scrape, reverse-engineer, or disrupt the integrity of Hisia's infrastructure.
• Immediate Suspension Right: Hisia reserves the right to immediately suspend or terminate any workspace that violates this Section 4 without prior notice or refund.

Hisia aggregates, transcribes, and analyzes publicly broadcast television and radio segments, press articles, and public social media posts created by third parties who are not affiliated with Hisia.

• Intermediary Safe Harbor: Under Section 230 of the US Communications Decency Act (47 U.S.C. § 230), the EU Digital Services Act (DSA), and applicable Kenyan intermediary liability principles, Hisia shall not be treated as the publisher or speaker of any information, broadcast clip, article, or social post provided by another information content provider.
• No Endorsement or Verification: Hisia does not verify the factual accuracy, completeness, or legality of third-party broadcasts or social posts surfaced in your dashboard, and surfacing such content does not constitute an endorsement by Hisia.
• Third-Party Platform Availability: Because Hisia connects to external broadcast streams and third-party social networks, we are not liable for downtime, API changes, rate limits, or policy restrictions imposed by external platforms (such as Meta, X, TikTok, or telecom carriers).

Each party retains ownership of its respective intellectual property:

• Hisia Ownership: Hisia and its licensors own all right, title, and interest in and to the Services, including our software code, user interface designs, 3D visualization engines, sentiment classification models, documentation, trademarks, and logos. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your subscription term.
• Customer Content Ownership: You retain all ownership rights in the contact lists, campaign drafts, media assets, and proprietary files you upload to your private workspace ('Customer Content'). You grant Hisia a worldwide, royalty-free license to host, process, transmit, and display Customer Content solely as necessary to provide and secure the Services for your workspace.
• Feedback: If you submit suggestions or feature requests regarding the Services, Hisia may use and incorporate that feedback without restriction or royalty obligation.

Hisia respects the intellectual property rights of broadcasters, publishers, journalists, and creators in accordance with the US Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) and the Kenya Copyright Act (Cap 130).

• Fair Use, Fair Dealing & News Monitoring: Clips, transcripts, and short excerpts surfaced within Hisia are provided strictly for internal media monitoring, public opinion research, criticism, commentary, and news analysis.
• Submitting a Takedown Notice: If you are a copyright owner and believe that material indexed by Hisia infringes your copyright, please send a written notice to legal@hisia.app containing: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) the specific URL or identifier of the material on Hisia; (4) your contact address, telephone number, and email; (5) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Access to paid tiers of the Services is billed on a recurring subscription basis (monthly or annual) as specified in your order form or workspace billing settings.

• 14-Day Free Trial: Where offered, a 14-day free trial gives your team temporary evaluation access. Unless you cancel before the end of the trial period or have a custom enterprise agreement, your selected subscription plan will begin upon trial expiration.
• Automatic Renewal: Subscriptions automatically renew for successive billing periods of equal length unless either party gives written notice of non-renewal at least 7 days prior to the end of the current billing cycle.
• Taxes & Withholding: All fees are exclusive of Value Added Tax (VAT), Digital Service Taxes, sales tax, or withholding taxes under Kenyan, EU, UK, or US tax laws, which are the responsibility of the Customer.
• No Refunds on Partial Periods: Except where required by mandatory law, paid subscription fees are non-refundable, and there are no credits for partially used billing periods.

Hisia gives your team real-time visibility into public conversations and tools to coordinate multi-channel communication, but public opinion is inherently dynamic and outside our control.

• Analytical Decision-Support Only: Sentiment classifications, topic trends, share-of-voice metrics, and drafted outreach variations are provided strictly as informational decision-support tools.
• No Outcome Warranty: Hisia makes no representation, warranty, or guarantee that using the Services will result in positive press coverage, viral organic reach, increased sales, crisis elimination, regulatory approval, or success in any public affairs, corporate, or electoral campaign.
• No Legal, Financial, or PR Agency Advice: Nothing in the Services constitutes legal advice, compliance certification, or financial advice. You are solely responsible for reviewing and approving every message before it is published or sent from your workspace.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN KENYA, THE EUROPEAN UNION, THE UNITED KINGDOM, AND THE UNITED STATES:

• THE SERVICES, BROADCAST STREAMS, SENTIMENT SCORES, TRANSCRIPTS, AND REPORTS ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
• HISIA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY OR COMPLETENESS OF REAL-TIME MEDIA TRANSCRIPTIONS OR SENTIMENT LABELS.
• HISIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT EVERY BROADCAST STATION OR SOCIAL POST WILL BE CAPTURED AT ALL TIMES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HISIA, ITS FOUNDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS, OR SUB-PROCESSORS BE LIABLE FOR:

• Indirect & Consequential Damages: Any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, reputation, anticipated savings, business opportunities, or campaign results, even if advised of the possibility of such damages.
• Third-Party Platform Actions: Any suspension, ban, or restriction of your WhatsApp, Meta, X, TikTok, YouTube, Telegram, or SMS accounts by the respective platform operator.
• Hard Aggregate Liability Cap: HISIA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR STATUTE) SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO HISIA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

You agree to defend, indemnify, and hold harmless Hisia and its officers, directors, employees, and agents from and against any and all third-party claims, regulatory investigations, fines, penalties, damages, losses, liabilities, costs, and expenses (including reasonable advocates' and attorneys' fees) arising out of or relating to:

• Your Customer Content, uploaded contact lists, or any messages, broadcasts, or posts drafted, scheduled, or transmitted through your workspace;
• Any allegation that your outreach violated the Kenya Data Protection Act, KICA, the US TCPA, CAN-SPAM, GDPR, or any third-party platform terms;
• Any claim of defamation, copyright infringement, privacy violation, or unlawful campaigning resulting from your use of the Services; or
• Your breach of these Terms.

Please read this section carefully, as it governs how disputes are resolved and waives the right to participate in class-action lawsuits:

• Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict-of-law principles.
• Mandatory 30-Day Informal Resolution: Before initiating any formal proceeding, the aggrieved party must send a written Notice of Dispute to legal@hisia.app describing the claim and requested relief. The parties shall attempt in good faith to resolve the dispute informally within thirty (30) days.
• Confidential Binding Arbitration in Nairobi: If the dispute is not resolved within 30 days, it shall be referred to and finally resolved by confidential binding arbitration in Nairobi, Kenya, administered by the Nairobi Centre for International Arbitration (NCIA) in accordance with the NCIA Arbitration Rules and the Arbitration Act (Cap 49, Laws of Kenya) before a single arbitrator. The language of arbitration shall be English. Nothing in this clause prevents Hisia from seeking urgent injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or infrastructure.
• CLASS-ACTION & REPRESENTATIVE WAIVER: TO THE FULLEST EXTENT PERMITTED BY US, EU, UK, AND KENYAN LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

These final provisions ensure the long-term enforceability of our agreement:

• Force Majeure: Hisia shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including internet or submarine cable outages, power grid failures, telecom carrier blocks, civil unrest, natural disasters, war, or government restrictions.
• Severability & Waiver: If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. No failure to enforce any right constitutes a waiver.
• Entire Agreement: These Terms, together with our Privacy Policy and any executed enterprise order form or Data Processing Addendum (DPA), constitute the entire agreement between you and Hisia.
• Contact for Legal Notices: All formal legal notices, arbitration notices, or contract inquiries must be sent to legal@hisia.app.