1. Introduction and Acceptance
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Bizilabs (“we”, “us”, or “our”) and you. By accessing, downloading, or using the Thamani mobile application (the “Service”), you represent that you have the legal authority to bind yourself or the organization you represent to these Terms. If you do not agree, you may not access or use the Service.2. Eligibility and Account Registration
- Eligibility: You must be at least 18 years old or have the legal capacity to enter into a binding contract under Kenyan law to use Thamani.
- Account Creation: To access the Service, you must create an account. You agree to provide accurate, current, and complete information.
- Security: You are solely responsible for safeguarding your account credentials. You must notify us immediately at justbizilabs@gmail.com of any unauthorized use of your account.
- Responsibility: You are liable for all activities that occur under your account, whether or not authorized by you.
3. Permissions and Data Processing
To provide core functionality, Thamani requires specific device permissions, only with your explicit consent. By granting these, you provide explicit consent under the Kenya Data Protection Act (2019) for the following:- SMS Access: To read M-PESA transaction messages for automatic detection and categorization. We do not read personal messages unrelated to M-PESA transactions.
- Call/SIM Info: To identify active SIM slots to group transactions by phone number. We do not record, listen to, or store audio/call content.
- User Warranty: You warrant that you are the primary account holder of the SIM cards/M-PESA accounts being scanned and that our processing does not violate any third-party rights or service provider agreements.
- Notification Access: Used to send transaction updates, reminders, and other relevant alerts.
- Revocation: You can manage or revoke these permissions at any time through your device settings. Disabling certain permissions may limit or disable related features within the app.
4. Payments, Billing, and Refunds
- Plans: Thamani offers both free and premium paid plans.
- Third-Party Billing: Paid features are processed through third-party platforms (e.g., Google Play Store). We do not directly store credit card or mobile money PINs.
- Changes: Bizilabs reserves the right to modify pricing upon 30 days’ notice. Continued use after a price change constitutes acceptance.
- Refunds: Payments are generally non-refundable except as required by the laws of Kenya or the specific refund policies of the applicable App Store.
5. Intellectual Property
All rights, title, and interest in Thamani (software, logos, and design) are owned by Bizilabs. You are granted a limited, non-exclusive, non-transferable license for personal, non-commercial use. You may not copy, modify, distribute, sell, or reverse-engineer any part of the Service.6. User Responsibilities and Acceptable Use
You agree not to:- Use the Service for any unlawful or fraudulent purposes.
- Interfere with the security or operation of the application.
- Use any automated system (bots, scrapers) to access the Service without permission.
7. Data Ownership and Privacy
- Your Data: You retain all rights and ownership of the personal and financial information you provide or that we process from your device (your “User Data”).
- Our License: By using Thamani, you grant Bizilabs a worldwide, royalty-free license to host, store, and process your data solely for the purpose of providing and improving the Service to you.
- Privacy: Our collection and use of your data are governed by our Privacy Policy, which is incorporated into these Terms by reference.
8. Data Accuracy and Insights
- Source Data: Thamani’s insights are generated based on the SMS and transaction data available on your device. We are not responsible for inaccuracies caused by missing messages, delayed SMS delivery from service providers, or malformed transaction text.
- No Guarantee: While we strive for high accuracy in our categorization algorithms, we do not guarantee that every transaction will be categorized correctly.
- Manual Review: You are encouraged to review your transaction summaries and manually correct any misclassifications within the app to ensure your financial records are accurate.
9. Service Availability and Termination
- Availability: While we strive for 24/7 uptime, access is not guaranteed and may be suspended for maintenance or updates.
- Termination by You: You may stop using the Service and delete your account at any time.
- Termination by Us: We reserve the right to suspend or terminate your access if you violate these Terms, if required by law, or to prevent harm to other users.
- Survival: Upon termination, all sections intended to survive (including Intellectual Property, Limitation of Liability, and Dispute Resolution) shall remain in effect.
10. Disclaimers and Limitation of Liability
- “As Is” Basis: Thamani is a data-processing tool provided for informational purposes only. It is not financial, legal, or tax advice.
- No Fiduciary Duty: Bizilabs is not your financial advisor. You are solely responsible for any financial decisions made based on app data.
- Liability Cap: To the maximum extent permitted by law, Bizilabs’ total liability for any claim shall not exceed the total amount paid by you to us in the six (6) months preceding the claim, or KES 5,000, whichever is lesser.
11. Indemnification
You agree to indemnify and hold Bizilabs harmless from any claims, losses, or legal fees arising from your misuse of the Service, your violation of these Terms, or your infringement of any third-party rights (including privacy rights related to the SMS data processed).12. Dispute Resolution and Governing Law
- Governing Law: These Terms are governed by the laws of the Republic of Kenya.
- Arbitration: Any dispute arising from these Terms shall be resolved through binding arbitration in Nairobi, Kenya, under the Rules of the Chartered Institute of Arbitrators (Kenya Branch).