1. What is Tenkiu?

Tenkiu is a platform available on the web (tenkiu.co), iOS, Android, and a WhatsApp bot that connects consumers with entrepreneurs, local corner stores, and independent couriers ("Agents"). Our mission is to support community commerce, enable secure transactions, and provide AI and geolocation tools to manage catalogs, content, and deliveries.

2. Acceptance of Terms

By creating an account or using any Tenkiu service, you agree to these Terms, our Privacy Policy, and additional policies published on the platform. If you do not agree, please refrain from using Tenkiu.

3. Key Definitions

• User: An individual who places requests or consumes content.
• Merchant / Entrepreneur: A natural or legal person offering products or services.
• Agent (Courier): An independent delivery person fulfilling orders.
• Tenkius: In-app digital credits equivalent to COP 1, used to promote content and pay for transactions within the app.
• AI-Generated Content: Images, videos, or text automatically created from the merchant's profile and submitted materials.
• AI Service Providers: Third-party artificial intelligence platforms (OpenAI, Anthropic Claude) that process messages to provide automated customer service.

4. Registration & AI-Powered Features

Registration is done via phone number verification (OTP) or using the Embedded Signup flow for WhatsApp Business to link the merchant's business number. You warrant that the information provided is accurate and agree to keep it updated.

4.1 AI-Powered WhatsApp Messaging

Businesses on Tenkiu may use AI-powered assistants to respond to customer messages via WhatsApp. When you message a business:

• Your messages may be processed by AI systems (OpenAI GPT-4, Anthropic Claude)
• AI responses help with orders, product inquiries, and customer service
• Businesses can enable or disable AI responses through their dashboard settings
• Businesses are responsible for ensuring AI responses are accurate and appropriate
• AI processing complies with WhatsApp Business Solution Terms and data protection laws

5. Acceptable Use & Responsibilities

• Do not use Tenkiu for unlawful activities, spam, or prohibited content.
• Comply with consumer protection and data privacy laws.
• Keep your credentials confidential and report any unauthorized access.

6. Tenkius & Payments

Tenkius are virtual units with no legal tender outside Tenkiu. You can earn Tenkius by:

• Initial signup (1,000 Tenkius).
• Referring new users (4,000 Tenkius).
• Completing business profile (2,000 Tenkius) or activity milestones.
• Purchasing via app stores (subject to 30% Google/Apple fee).

Tenkius are deducted per view of promotional content (1 Tenkiu per view) and can be transferred between users. They are not securities and do not accrue interest.

7. Content & Intellectual Property

Users retain rights to the content they upload. By posting, they grant Tenkiu a worldwide, non-exclusive, royalty-free license to host and display it. AI-generated content is provided under a Creative Commons CC-BY 4.0 license in favor of the merchant.

8. Service Availability

Tenkiu is provided "as is" without continuous availability guarantees. We may suspend service for maintenance or force majeure, with reasonable notice to users.

9. Limitation of Liability

Under no circumstances shall Tenkiu be liable for indirect damages, data loss, or lost profits. Any liability, if applicable, is limited to the value of Tenkius purchased in the last 12 months.

10. Indemnification

You agree to indemnify Tenkiu SAS against third-party claims arising from your use of the platform or violation of these Terms.

11. Modifications

We may update these Terms. Material changes will be communicated at least 30 days in advance via in-app notice or email.

12. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of Colombia. Any dispute will be submitted to the courts of Ibagué, Tolima, unless arbitration is agreed upon.

13. AI-Generated Responses - Limitations & Disclaimers

Tenkiu uses artificial intelligence to automate customer service and order processing via WhatsApp. While we strive for accuracy, AI systems may occasionally:

• Provide incorrect product information or pricing
• Misunderstand customer requests
• Generate inappropriate or irrelevant responses

AI Service Providers: We use OpenAI (GPT-4.1) and Anthropic (Claude Sonnet 4) as third-party AI providers. These services operate under data processing agreements that prohibit using your data for model training or other purposes beyond providing Tenkiu services.

14. Shopkeeper-Specific Terms

If you operate a business on Tenkiu (Shopkeeper, Merchant, Entrepreneur), the following additional terms apply to you:

14.1 WhatsApp Business Account Management

• You are responsible for maintaining your WhatsApp Business Account in good standing
• You must comply with WhatsApp Business Solution Terms and Meta policies
• You authorize Tenkiu to send and receive messages on your behalf through the WhatsApp Business API
• You are responsible for setting accurate business hours, delivery settings, and business information
• Your WhatsApp phone number must remain active and in compliance with WhatsApp policies

14.2 AI Assistant Configuration & Responsibilities

• You are responsible for AI responses sent to your customers, even though they are automated
• You can enable/disable AI responses, configure response style (professional, friendly, formal, concise), and add custom instructions
• You must monitor AI conversations and intervene when necessary to ensure customer satisfaction
• You are responsible for ensuring product information in your catalog is accurate so AI provides correct details
• AI usage consumes Tenkius from your account (charged per AI message processed)
• When Tenkius balance reaches zero, AI responses are automatically disabled until you recharge

14.3 Data Controller Obligations

14.4 Order Management & Fulfillment

• You are solely responsible for fulfilling orders created through your WhatsApp assistant
• You must verify order details before processing (AI may occasionally make mistakes)
• You are responsible for inventory accuracy - the AI relies on your catalog data
• You must honor prices shown in your catalog at the time of order placement
• You are responsible for delivery or pickup arrangements as specified in order details
• You must respond to customer inquiries and resolve disputes in good faith

14.5 Catalog & Product Management

• You are responsible for maintaining accurate product information (names, prices, descriptions, images)
• You must update inventory levels if you enable stock tracking
• Product images and descriptions must comply with content policies and intellectual property laws
• You are responsible for ensuring products are legal to sell in your jurisdiction
• AI generates responses based on your catalog - inaccurate data leads to incorrect customer responses

14.6 Payment Processing & Tenkius

• If you enable Wompi payment integration, you are responsible for configuring it correctly with your merchant credentials
• Payment processing fees and terms are governed by your agreement with payment providers (Wompi, etc.)
• AI message processing consumes Tenkius from your account balance
• You are responsible for maintaining sufficient Tenkius balance to keep AI services active
• Tenkiu is not responsible for payment disputes between you and your customers

14.7 Compliance & Legal Obligations

• You must comply with all applicable laws including consumer protection, tax, health/safety regulations
• You are responsible for obtaining necessary business licenses and permits
• You must comply with WhatsApp Business Messaging Policy and Commerce Policy
• You must not use the platform for illegal goods, prohibited services, or fraudulent activities
• You are liable for any legal claims arising from your business operations on Tenkiu

14.8 Service Interruption & Limitations

• AI services depend on third-party providers (OpenAI, Anthropic) - service may be interrupted
• WhatsApp Business API availability is subject to Meta's service levels
• We may temporarily disable your AI assistant if we detect policy violations or technical issues
• You should have backup communication methods in case of service disruptions

15. Contact

Legal inquiries: contact@tenkiu.app

1. Data Controller

Tenkiu SAS, NIT 123456789-0, headquartered in Ibagué, Colombia. Contact: contact@tenkiu.app

2. Data We Collect

• Identification: name, phone number, optional email.
• Messaging data: metadata and content needed to process orders (retained for 6 months).
• Voice messages: audio files and transcriptions when you send voice messages via WhatsApp.
• Approximate location: to match merchants with nearby customers.
• Usage & cookies: anonymous analytics to improve the experience.

3. Purposes

• Authenticate and link the merchant's WhatsApp number.
• Process orders, deliveries, and Tenkius transactions.
• Provide AI-powered customer service and order automation.
• Generate AI content and performance metrics.
• Transcribe voice messages for text-based processing.
• Billing, accounting, and legal compliance.

4. Legal Basis

User consent and execution of the service contract. Compliance with legal obligations (billing, fraud prevention).

5. Data Retention

Account data: while the account is active. Message history: up to 6 months. Voice messages and transcriptions: up to 6 months. Accounting records: 5 years. After retention periods, data may be anonymized or deleted.

6. Data Sharing & Third-Party Processors

Your data may be shared with the following third parties under strict confidentiality and data processing agreements:

• Cloud Infrastructure: Firebase, Google Cloud Platform (data storage, hosting).
• Payment Gateways: For processing Tenkius purchases and transactions.
• AI Service Providers: OpenAI and Anthropic (Claude) process WhatsApp messages to provide automated customer service, order processing, and product recommendations. These providers act as data processors and are contractually prohibited from using your data for their own purposes, including AI model training.
• WhatsApp / Meta Platforms: To send and receive business messages via WhatsApp Business API.
• Legal Authorities: When required by law or to protect our legal rights.

6.1 AI Processing of WhatsApp Messages

When you interact with a business via WhatsApp on Tenkiu, your messages may be processed by artificial intelligence systems (OpenAI GPT-4 and Anthropic Claude) to:

• Understand your inquiries and provide relevant responses
• Process orders and calculate totals
• Recommend products from the business catalog
• Transcribe voice messages (with your consent)

6.2 WhatsApp Business Solution Compliance

Tenkiu complies with the WhatsApp Business Solution Terms (effective January 15, 2026), including:

• We do not track or build individual user profiles from WhatsApp data (beyond message content needed for service delivery)
• We do not sell, license, or distribute WhatsApp conversation data to third parties
• AI providers process data as Third Party Service Providers under strict contractual obligations
• Business Solution Data is not used to train AI models
• We maintain appropriate security measures to protect your WhatsApp conversations

7. Meta / WhatsApp Business API Processing

To send and receive messages via WhatsApp, your data (phone number, messages, and interactions) is processed by Meta Platforms, Inc. according to their Privacy Policy: https://www.facebook.com/about/privacy.

Our Privacy Policy URL is configured in the "Privacy Policy URL" field of the Meta Developer Portal and the WhatsApp Business Account settings.

By using the Embedded Signup flow, you authorize Meta to verify and activate your WhatsApp Business Account.

8. Data Subject Rights

You have the following rights regarding your personal data:

• Access: Request a copy of your data
• Rectification: Correct inaccurate information
• Erasure: Delete your account and associated data
• Objection: Object to specific data processing activities
• Portability: Export your data in machine-readable format
• Restriction: Limit processing in certain circumstances

All data subject requests can be submitted via contact@tenkiu.app. We will respond within 30 days.

Note: Business owners control whether AI is enabled for their WhatsApp conversations. If you have concerns about AI processing of your messages, please contact the business directly.

9. Voice Message Processing

If you send voice messages via WhatsApp, they may be transcribed using AI technology (OpenAI Whisper or Google Cloud Speech-to-Text) to enable text-based processing and search.

What we do:

• Store original audio files securely in Firebase Storage
• Generate text transcriptions for internal processing
• Use transcriptions to provide AI-powered responses
• Retain audio files for the same period as text messages (6 months)

Your rights:

• You can request deletion of voice messages at any time
• Audio files and transcriptions are not shared with other users or businesses
• AI providers may temporarily process audio for transcription but do not retain copies

10. Security Measures

TLS encryption, OTP hashing, role-based access control, encrypted backups.

11. Cookies

We use first- and third-party cookies for analytics (Google Analytics) and functionality. You can manage preferences in your browser settings.

12. Policy Changes

Updates will be published on this page and significant changes notified 30 days in advance.

13. DPO Contact

Data Protection Officer: contact@tenkiu.app

14. Shopkeeper-Specific Privacy Terms

If you operate a business on Tenkiu, additional data processing terms apply:

14.1 Shopkeeper as Data Controller

14.2 Your Data Protection Obligations

As a Data Controller, you must:

• Obtain customer consent: Ensure customers understand their messages will be processed by AI systems
• Respond to data requests: Handle customer requests for access, deletion, or correction of their data
• Maintain data security: Protect customer data you access through Tenkiu's platform
• Comply with data protection laws: Follow applicable regulations (GDPR, Colombian data protection law, etc.)
• Have a Privacy Policy: Inform your customers about how you process their personal data
• Report data breaches: Notify authorities and affected customers if a data breach occurs

14.3 Data We Collect About Shopkeepers

In addition to basic account data, we collect from shopkeepers:

• Business Information: Business name, type, description, location, operating hours
• WhatsApp Business Account Data: Phone number, business verification status, messaging limits
• Product Catalog: Product names, descriptions, prices, images, inventory levels
• Customer Conversations: Message history between you and your customers (retained for 6 months)
• Order Data: Orders created through your WhatsApp assistant, including customer details
• AI Configuration: Your AI settings, custom instructions, response style preferences
• Usage Analytics: AI message counts, Tenkius consumption, conversation metrics
• Payment Information: Wompi configuration, transaction history (if using payment integration)

14.4 How We Use Shopkeeper Data

• To provide WhatsApp Business API messaging services
• To process customer messages through AI systems on your behalf
• To manage order creation, updates, and fulfillment workflows
• To generate performance analytics and business insights
• To bill for AI usage and Tenkius consumption
• To improve AI response quality and platform features
• To comply with WhatsApp Business Solution Terms and Meta policies
• To detect and prevent fraud or policy violations

14.5 Data Sharing for Shopkeeper Services

Your business data may be shared with:

• Meta/WhatsApp: Business verification, message delivery, WhatsApp Business Account management
• AI Providers (OpenAI/Anthropic): Customer message processing on your behalf (as your Data Processor)
• Payment Processors (Wompi): If you enable payment integration for your customers
• Delivery Couriers: If you use Tenkiu's delivery assignment features (order details shared with assigned couriers)
• Your Customers: Through automated AI responses and order confirmations

14.6 Customer Data Access & Deletion

• You can view your customer conversations through the Tenkiu dashboard
• You can request conversation data exports by contacting contact@tenkiu.app
• If you delete your business account, all associated customer conversations are deleted within 30 days
• Conversation data is retained for up to 6 months, after which it may be deleted
• Customers can request deletion of their data either through you (as Data Controller) or by contacting Tenkiu at contact@tenkiu.app. When Tenkiu receives a deletion request, we will delete the data from our systems and notify you to delete it from your records as well.

14.7 AI Processing on Your Behalf

When AI systems process your customer messages:

• AI acts as a sub-processor under our data processing agreement with you
• Customer messages are sent to AI providers (OpenAI/Anthropic) only for generating responses
• AI providers are contractually prohibited from using your customer data for training or other purposes
• You can disable AI processing at any time through your dashboard settings
• You remain responsible for ensuring AI responses comply with your legal obligations

14.8 Your Responsibilities