Terms

This page has two parts. Part A covers anyone who uses this website. Part B covers businesses that use the KORTEKX platform.

Part A. Website terms of use

1. Who we are. kortekx.com is run by Thomas Mamo, who is self-employed in Malta and trades as KORTEKX. KORTEKX is a sole-trader business, not a limited company. Address: 5 Wonderland, Triq Gharghur, Naxxar NXR 4608, Malta. Email: privacy@kortekx.com. Malta VAT number: MT30731213.

2. Using this site. You may read the site and share its pages. It describes our services in general. It is not an offer and not advice. Prices, features and service levels are agreed in writing with each client.

3. Our content. The KORTEKX name, the KX logo, and the text and design of this site belong to Thomas Mamo trading as KORTEKX. Do not copy or reuse them without our written permission, except where the law allows.

4. Don't misuse the site. Do not try to break, overload or get into the site or the systems behind it. Do not use it to send spam or harmful code.

5. Links. Links to other websites are there to help you. We do not control those sites and are not responsible for them.

6. No guarantee. We work to keep the site correct and online, but we do not promise it will always be free of errors or available.

7. Liability. As far as the law allows, we are not liable for loss caused by using this site or relying on it. Nothing in these terms limits liability that the law does not allow us to limit, such as liability for fraud, or for death or personal injury caused by negligence. If you are a consumer, these terms do not take away rights the law gives you.

8. Privacy. Our privacy notice explains how we handle personal data.

9. Changes. We may update these terms. The date at the top shows the latest version.

10. Law and courts. Maltese law applies, and the courts of Malta decide any dispute. If you are a consumer, you keep the protection of the law of the country where you live.

Part B. Platform terms

B1. What these terms cover. These terms apply between Thomas Mamo trading as KORTEKX ("KORTEKX", "we") and the business that signs an order with us (the "client"). The order sets the modules, fees, start date, term and service levels. If the order and these terms conflict, the order wins. The data processing agreement (DPA) is part of the contract.

B2. The service. We build and run one business automation system for the client. It is assembled from our own modules on one shared core and shaped into the client's own dashboard. Every tool is our own code. We host the system in the EU, back it up and monitor it. We improve the modules and the core over time, but we do not reduce what the order promises during its term.

B3. Business use only. The platform is for businesses, not consumers. The person who accepts these terms confirms they may bind the client.

B4. Accounts and security. The client names its admins, who manage its users. Admins must sign in with a second factor; the client can require it for all its staff. Users must keep their sign-in details private. Tell us at once if you think an account is being misused. We may suspend access to protect the client, other clients or the platform, and we will tell the client why.

B5. Acceptable use. The client must not use KORTEKX to:

• break the law;
• send marketing email, text messages or automated calls without the prior consent the law requires. In Malta this covers businesses too (S.L. 586.01, regulation 9);
• send spam, or content that is harmful or that the client has no right to send;
• break the rules of a connected platform such as Google, Microsoft, Meta or WhatsApp;
• attack the platform, upload harmful code, or try to reach another client's data;
• store health data or other special categories of data, unless we agree it in writing first.

The client is responsible for what its users do, and for having a legal basis, and any consent needed, for its customers' data.

B6. Connected accounts. The client may connect its Google, Microsoft and Meta accounts. We use them only within the permissions the client grants and only to run the features it uses. Those platforms' own terms and fees apply; for example, the client pays WhatsApp message fees to Meta directly. We cannot control their changes or outages. The client can disconnect an account at any time.

B7. Client data and the DPA. The client owns its data. For data about its customers, the client is the controller and we are the processor. We handle it only on the client's documented instructions, as the DPA sets out (GDPR Article 28). We list our sub-processors and tell the client before we add or replace one, so it can object. We keep client data in the EU, as our privacy notice describes. We use client data only to provide the service. We never use it to develop, improve or train AI models and never for advertising.

B8. AI features. AI drafts can be wrong.

• Every AI-written message to the client's customers is labelled as AI.
• At launch, the client's staff approve each AI reply before it is sent. The client is responsible for what it approves and sends.
• The client may later let one type of reply go out on its own, only after it passes our quality test. We keep checking samples, and approval comes back if quality drops.
• Complaints go to a person. Emergencies get a fixed message with the 112 number and go to a person.
• AI output is not legal, medical, financial or tax advice.
• We do not switch on AI for a health-sector client until a data protection impact assessment is done.

B9. Availability and support. We aim for the uptime and support response times set in the order. We may carry out planned maintenance, with notice where we can. We back up client data and test restores, as our privacy notice describes. We are not responsible for outages of connected platforms, or of networks outside our systems.

B10. Fees. Fees, billing and payment terms are agreed in a separate written agreement. Unless it says otherwise, fees do not include VAT. If an invoice stays unpaid after a written reminder, we may suspend the service after giving notice. We do not delete data during the term because a payment is late.

B11. Our software. The platform, the modules and the code belong to Thomas Mamo trading as KORTEKX. The client may use them for its own business during the term. The client's data and content stay the client's.

B12. Confidentiality. Each side keeps the other's confidential information private and uses it only for this contract.

B13. Liability. Neither side is liable for indirect or consequential loss, or for lost profits. Our total liability in any 12 months is limited to the fees the client paid us in those 12 months. These limits do not apply where the law does not allow them, such as for fraud.

B14. Ending the contract and getting your data. The contract runs for the term in the order. Either side may end it if the other seriously breaks it and does not fix the problem within 30 days of written notice. When the contract ends:

1. The client can export all its data, from every module, for 30 days. During that time the account is read-only and sending is stopped. The export includes records the client must keep by law, such as its own VAT invoices. The client keeps those itself; we cannot restore them after deletion.
2. We then delete the client's data from the live system and destroy its encryption keys.
3. The last backup copies are gone within 35 days after that.
4. We confirm the deletion to the client in writing.

We keep only what the law requires us to keep, such as our invoices to the client.

B15. Changes to these terms. We may update these terms. We tell clients about important changes by email before they take effect.

B16. Law and courts. Maltese law applies, and the courts of Malta decide any dispute.