1. Provider
These Terms of Use ("Terms") are provided by PT Tom Marvolo Riddle Group("Kuluara", "we", "us", "our"), a company registered in Indonesia, located at Jalan Mertasari, Desa/Kelurahan Kerobokan Kelod, Kec. Kuta Utara, Kab. Badung, Provinsi Bali, 80361.
2. Acceptance
By accessing or using Kuluara, you ("Customer", "you", "your") agree to be bound by these Terms. If you are using Kuluara on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms, and references to "you" include that organization.
If you do not agree with these Terms, you must not access or use the Kuluara platform.
3. Service description
Kuluara is a chat-first CRM platform that provides unified inbox management, contact and company records, deal pipelines, team collaboration, lead form management, and integrations with third-party messaging channels including WhatsApp Business API, Telegram Bot API, Instagram Messaging API, and email (IMAP/SMTP).
4. Accounts
- You are responsible for maintaining the confidentiality and security of your credentials.
- You are responsible for all activity performed under your account.
- You must provide accurate, current, and complete information when registering and using the service.
- You must promptly notify us at info@kuluara.com if you become aware of any unauthorized use of your account.
5. Acceptable use policy
You may not use Kuluara to:
- Violate any applicable law, regulation, or third-party rights.
- Send unlawful, abusive, harassing, fraudulent, deceptive, or misleading communications.
- Attempt unauthorized access to systems, accounts, or data belonging to Kuluara or others.
- Interfere with the integrity, security, performance, or availability of the platform.
- Upload malicious code, viruses, or other harmful software to the platform.
- Circumvent or disable any security or access control features of the platform.
- Use the platform for any purpose other than lawful CRM and business communication activities.
6. Messaging channel compliance
When using messaging integrations available through Kuluara, you are solely responsible for compliance with all applicable platform policies, including but not limited to:
- WhatsApp: The WhatsApp Business Policy, WhatsApp Commerce Policy, and WhatsApp Business Messaging Guidelines. You must obtain valid opt-in consent from end customers before initiating WhatsApp messages, use only approved message templates for business-initiated conversations, and comply with all messaging limits and quality rating requirements.
- Telegram: The Telegram Terms of Service and Telegram Bot Developer Terms. You must not use Telegram bots to send unsolicited bulk messages (spam) or to harvest user data.
- Instagram: The Meta Platform Terms, Meta Developer Policies, and Instagram Platform Policy. You must not use Instagram messaging for unsolicited commercial outreach or spam.
- Email: The CAN-SPAM Act (US), the ePrivacy Directive (EU), and all other applicable anti-spam legislation in the jurisdictions where your recipients are located. You must include a valid unsubscribe mechanism in commercial email, honor opt-out requests promptly, and not use misleading headers or subject lines.
Violation of any channel platform's policies may result in suspension or termination of the affected integration and, in serious or repeated cases, suspension or termination of your Kuluara account.
7. Customer data
As between Kuluara and the Customer, the Customer retains all ownership rights in Customer data — including contacts, deals, messages, files, and any other content the Customer uploads, creates, or receives through the platform.
The Customer is responsible for the lawfulness of all Customer data processed through Kuluara, including data imported from third-party channels and messaging integrations. The Customer represents and warrants that it has all necessary rights, consents, and legal authority to process such data using the Kuluara platform.
8. Data Processing Agreement
To the extent that Kuluara processes personal data on behalf of the Customer as a data processor (as described in our Privacy Policy), a Data Processing Agreement ("DPA") governs the processing. The DPA is incorporated into these Terms by reference and is available upon request by contacting info@kuluara.com.
The DPA addresses sub-processor management, data security obligations, breach notification procedures, data subject request handling, and data return or deletion upon termination.
9. Third-party services and integrations
Kuluara connects with third-party providers including Meta Platforms (WhatsApp Business API, Instagram Messaging API), Telegram, and email providers. Your use of these integrations is also subject to the respective third party's terms of service, privacy policies, and platform policies.
Kuluara is not responsible for the availability, performance, or policies of third-party services. Changes made by third-party providers to their APIs, policies, or terms may affect the availability or functionality of certain Kuluara features.
10. Service availability and SLA
Kuluara targets 99.9% monthly uptime for the core platform, measured as the percentage of total minutes in a calendar month during which the Kuluara web application is accessible and operational.
Scheduled maintenance windows and the following are excluded from uptime calculations:
- Downtime caused by third-party services, APIs, or infrastructure providers.
- Force majeure events as described in Section 18.
- Issues caused by the Customer's equipment, network, or software configuration.
We will make commercially reasonable efforts to notify customers in advance of planned maintenance that may affect availability.
11. Fees and billing
Paid plans, billing cycles, and commercial terms are described in the applicable subscription agreement or pricing page. Unless otherwise agreed in writing, fees are non-refundable except where required by applicable law.
We may change pricing with at least 30 days' prior written notice. Continued use of the service after the effective date of a pricing change constitutes acceptance of the new pricing.
12. Intellectual property
The Kuluara platform, including its software, interfaces, design, branding, logos, documentation, and all related intellectual property, is owned by PT Kuluara Digital Indonesia or its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely in accordance with these Terms and your subscription.
You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works based on any part of the Kuluara platform without prior written permission.
Customer data remains the Customer's intellectual property. These Terms do not grant Kuluara any ownership rights in Customer data.
13. Indemnification
You agree to indemnify, defend, and hold harmless PT Tom Marvolo Riddle Group, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your use of the Kuluara platform in violation of these Terms.
- Your violation of any applicable messaging channel policies, including WhatsApp Business Policy, Telegram ToS, Meta Platform Terms, or anti-spam legislation.
- Your processing of personal data through the platform in violation of applicable data protection laws.
- Content or data that you upload, transmit, or make available through the platform.
- Any claim by a third party (including end customers) arising from messages sent through your connected channels.
14. Disclaimers
To the maximum extent permitted by applicable law, Kuluara is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Kuluara does not warrant that the platform will be uninterrupted, error-free, or free from harmful components, or that any data stored on the platform will not be lost.
15. Limitation of liability
To the maximum extent permitted by applicable law, PT Tom Marvolo Riddle Group will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of data, revenue, profits, goodwill, or business opportunity, arising from or related to your use of or inability to use the service.
Our total aggregate liability for all claims arising under or related to these Terms will not exceed the amount you paid to Kuluara in the 12 months preceding the event giving rise to the claim, or USD 100, whichever is greater.
These limitations apply regardless of the legal theory on which a claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and even if Kuluara has been advised of the possibility of such damages.
16. Suspension and termination
We may suspend or terminate your access to Kuluara, in whole or in part, if:
- You violate these Terms or any applicable channel policies.
- Your use of the platform creates a security, legal, or operational risk to Kuluara or other users.
- Required fees remain unpaid after reasonable notice.
- We are required to do so by law or by a third-party platform provider.
Where practicable, we will provide notice before suspension or termination. In urgent cases (such as security breaches or legal requirements), we may act without prior notice.
Data portability upon termination
Upon termination of your account, you may request an export of your Customer data in a structured, commonly used, machine-readable format (JSON or CSV) within 30 days of termination. After this 30-day period, your data will be deleted in accordance with the retention schedule described in our Privacy Policy.
17. Dispute resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved as follows:
- Good-faith negotiation: The parties will first attempt to resolve the dispute through good-faith negotiation for a period of 30 days from the date of written notice of the dispute.
- Arbitration: If the dispute is not resolved through negotiation, it shall be referred to and finally resolved by arbitration administered by the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia / BANI) in accordance with its then-current arbitration rules. The seat of arbitration shall be Denpasar, Bali, Indonesia. The arbitration shall be conducted in English. The arbitral award shall be final and binding on both parties.
18. Force majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond the affected party's reasonable control, including but not limited to: natural disasters, war, terrorism, riots, government actions, pandemic, epidemic, power outages, telecommunications failures, cyberattacks, or actions or omissions of third-party platform providers (including Meta, Telegram, and email providers).
The affected party will promptly notify the other party of the force majeure event and use commercially reasonable efforts to mitigate its impact.
19. Governing law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to conflict of laws principles.
20. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
21. Entire agreement
These Terms, together with the Privacy Policy, Cookie Policy, Data Deletion Instructions, and any applicable Data Processing Agreement, constitute the entire agreement between you and PT Tom Marvolo Riddle Group with respect to your use of the Kuluara platform, and supersede all prior agreements, representations, and understandings relating to the same subject matter.
22. Contact
Questions regarding these Terms may be sent to info@kuluara.com.
For data protection matters, contact our Data Protection Contact at info@kuluara.com.