Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs all activity on the ChatWorks open chat commerce platform, including posts created via the web dashboard and interactions conducted through WhatsApp and Telegram. By using ChatWorks you agree to this AUP. It supplements, and must be read alongside, our Privacy Policy and Disclaimer.

ChatWorks delivers messages over WhatsApp using the WhatsApp Business Platform. All use of ChatWorks is therefore additionally subject to the WhatsApp Commerce Policy and the WhatsApp Business Policy. Where those policies impose stricter requirements than this AUP, the WhatsApp policies prevail.

1. Permitted Use

ChatWorks is an open peer-to-peer classifieds exchange for buyers and sellers of lawful goods and services across East Africa. You may use ChatWorks to:

• Post offers to buy or sell legal goods and services;
• Receive matched introductions to relevant counterparties;
• Complete transactions using M-Pesa escrow where available;
• Manage your listings, credits, and account via the web dashboard or chat interface; and
• Refer other users in accordance with the referral programme terms.

2. Opt-In and Messaging Consent

ChatWorks sends OTP codes, listing notifications, and match introductions via WhatsApp and Telegram only to users who have actively initiated contact with the ChatWorks bot or signed up through the web dashboard. By starting a chat with the ChatWorks bot or registering your phone number, you consent to receive service messages on that number and channel. You may withdraw consent at any time by blocking the ChatWorks number or sending “STOP” to the bot.

You must not use ChatWorks to send unsolicited commercial messages, bulk promotional broadcasts, or spam to any person, whether through the platform or by any other means facilitated by information obtained from ChatWorks.

3. Prohibited Content and Listings

The following content and listing categories are strictly prohibited on ChatWorks, in compliance with the WhatsApp Commerce Policy and applicable East African law:

• Illegal goods and services — any product, substance, or service whose sale, purchase, possession, or distribution is prohibited by law in the relevant jurisdiction;
• Controlled substances and drugs — prescription medicines sold without a valid prescription, narcotics, and any other regulated pharmaceutical or psychoactive substance;
• Weapons and hazardous materials — firearms, ammunition, explosives, knives regulated as weapons, and any hazardous chemical or biological material;
• Adult and explicit content — sexually explicit material or services of any kind, including content involving minors;
• Tobacco and nicotine products — cigarettes, e-cigarettes, vaping devices, and associated accessories marketed to or accessible by minors;
• Alcohol — listings targeting minors or violating applicable licensing laws;
• Gambling — real-money gambling, lotteries, or any wagering service not licensed in the applicable jurisdiction;
• Healthcare and medical claims — unsubstantiated medical or health claims, prescription-only medical devices, or unlicensed health services;
• Financial products — unlicensed lending, investment schemes, pyramid or Ponzi schemes, or any offering requiring regulatory approval not held by the poster;
• Counterfeit and infringing goods — items that infringe intellectual property rights, including counterfeit branded products, pirated media, or unauthorised software;
• Deceptive or misleading listings — false descriptions, manipulated images, bait-and-switch pricing, or any listing designed to deceive a buyer or seller;
• Human trafficking and exploitation — any listing that facilitates the trafficking, exploitation, or abuse of persons; and
• Endangered wildlife and animal products — listings for protected species or products derived from them contrary to applicable conservation law.

4. Prohibited Conduct

In addition to prohibited content, the following conduct is not permitted:

• Impersonating another person, business, or ChatWorks itself;
• Creating multiple accounts to circumvent credit limits, suspensions, or other platform rules;
• Using automated scripts, bots, or other tools to interact with the platform outside the official ChatWorks interfaces;
• Harvesting or misusing contact information obtained through match introductions;
• Attempting to defraud other users, including through false escrow claims or non-delivery;
• Interfering with the security, integrity, or availability of the platform; and
• Using ChatWorks to facilitate any activity that violates WhatsApp’s policies, including spam, phishing, malware distribution, or circumvention of WhatsApp account restrictions.

5. Credit Use

Credits are consumed when you publish a post. Credits are non-refundable and non-transferable unless ChatWorks agrees otherwise in writing. You may not sell, transfer, or exchange credits outside the ChatWorks platform. Credits purchased via M-Pesa are subject to the Safaricom M-Pesa terms of service in addition to this AUP.

6. Escrow

The ChatWorks M-Pesa escrow feature is available for transactions between matched buyers and sellers. Funds held in escrow may only be released or refunded in accordance with the agreed escrow terms. Attempting to manipulate or fraudulently trigger escrow release or refund constitutes a serious breach of this AUP and may be reported to law enforcement.

7. Referral Programme

The ChatWorks referral programme awards credits for genuine new-user referrals. You may not generate self-referrals, purchase referral codes, or use any mechanism intended to artificially inflate referral credit balances. ChatWorks reserves the right to reverse credits obtained through fraudulent referral activity.

8. Enforcement

ChatWorks may, at its sole discretion and without prior notice, remove listings that violate this AUP, suspend or terminate accounts, reverse credits obtained in breach of this AUP, report activity to WhatsApp, Telegram, or competent authorities, and take any other action reasonably necessary to protect the platform and its users. Repeated or serious violations may result in permanent bans and legal action where applicable.

9. Reporting Violations

If you believe a listing or user is in breach of this AUP, please contact us at support@chatworks.chat. Include the listing ID or phone number involved, a description of the concern, and any supporting evidence. We review all credible reports and take appropriate action.

10. Changes to This Policy

We may update this AUP from time to time to reflect changes in the platform, applicable law, or WhatsApp’s policies. Continued use of ChatWorks after an update constitutes acceptance of the revised AUP. Material changes will be communicated via the ChatWorks bot or website.

Last updated: May 2025. For questions, contact support@chatworks.chat.

Acceptable Use Policy — Retailer Addendum (Kenya)

Appendix B: Retailer Terms

Effective: July 8, 2026

This appendix applies to all businesses and individuals approved as Verified Retailers on the ChatWorks platform. It supplements the general ChatWorks Acceptable Use Policy. By registering as a retailer, you agree to these additional terms.

1. Eligibility

• 1.1. You must be a legally registered business in Kenya with valid incorporation documents, a current business license, a valid CR12 Document, and an active KRA PIN Certificate.
• 1.2. You must be duly authorized to bind the business to these terms.
• 1.3. ChatWorks reserves the right to reject or revoke retailer status at any time, with or without cause.

2. Catalog Uploads

• 2.1. All product listings must be uploaded via the standardized CSV template provided by ChatWorks.
• 2.2. You warrant that every product listed is:
  • Genuinely available for sale;
  • Accurately described;
  • Priced truthfully in Kenyan Shillings (KES);
  • Free from counterfeit, stolen, or prohibited goods.
• 2.3. You may not upload duplicate SKUs, placeholder listings, or inventory you do not hold.
• 2.4. ChatWorks may remove any listing without notice if it violates this policy or misleads buyers.

3. Buyer Requests & Communication

• 3.1. You must respond to buyer catalog requests within 24 hours of receipt.
• 3.2. You may not:
  • Share your catalog outside the ChatWorks request-to-view system;
  • Harvest buyer contact details for marketing purposes;
  • Spam, harass, or pressure buyers who have not approved contact;
  • Direct buyers to complete transactions outside ChatWorks escrow.
• 3.3. All price negotiations and transaction arrangements must occur within the ChatWorks chat environment.

4. Transactions & Escrow

• 4.1. All retailer transactions must be settled through ChatWorks escrow unless both parties explicitly opt out in writing within the chat.
• 4.2. You must fulfill orders within the timeframe agreed with the buyer. Failure to deliver without valid reason may result in account suspension.
• 4.3. Refunds and returns are governed by Kenyan consumer protection law and your stated return policy, which must be disclosed to the buyer before payment.

5. Prohibited Products

• 5.1. Retailers may not list:
  • Alcohol, tobacco, or controlled substances without valid licenses;
  • Pharmaceuticals, medical devices, or supplements without regulatory approval;
  • Weapons, ammunition, or hazardous materials;
  • Counterfeit or infringing goods;
  • Adult content or services;
  • Any item prohibited by Kenyan law or ChatWorks' general Acceptable Use Policy.

6. Account Suspension & Termination

• 6.1. ChatWorks may suspend or terminate retailer status immediately if:
  • KYC documents are found to be fraudulent or expired;
  • You receive repeated buyer complaints (3+ in 30 days);
  • You circumvent the platform (e.g., directing buyers to off-platform payment);
  • You fail to respond to catalog requests for 7 consecutive days;
  • You violate any provision of this appendix or the general AUP.
• 6.2. Upon termination, all live listings are removed. Pending transactions are handled per the Escrow Terms.

7. Data & Privacy

• 7.1. Buyer contact details shared with you through the request-to-view system are licensed solely for the purpose of completing the specific transaction.
• 7.2. You may not retain, sell, or transfer buyer data to third parties.
• 7.3. You are responsible for securing your retailer account credentials and any customer data you process.

8. Dispute Resolution

• 8.1. Retailer disputes are escalated to ChatWorks support first.
• 8.2. Unresolved disputes may be submitted to arbitration under local arbitration rules of the Nairobi Centre for International Arbitration (NCIA).
• 8.3. Kenyan law governs this appendix.

9. Amendments

• 9.1. ChatWorks may update this appendix with 14 days' notice. Continued use of retailer features after the notice period constitutes acceptance.

Acknowledgment

By clicking “I confirm I am duly empowered and authorized to register this organisation on ChatWorks,” you certify that:

• You have read and understood this Retailer Addendum;
• All submitted documents are genuine and current;
• You accept the terms above and the general ChatWorks Acceptable Use Policy.