Terms of Service

This terms are effective as of 25th January 2024

By accessing or using the app and website, you agree to be bound by these Terms and Conditions ("T&C") and our Privacy Policy. These terms govern your use of the app and the services provided by Razor informatics.

1. Services Offered

The app provides comprehensive financial management for chamas and groups, streamlining various activities including contributions, loans, meetings, and more.

By accessing and using the app, users agree to comply with the Terms and Conditions, Privacy Policy, and all relevant laws and regulations.

2. Registration

To access and utilize the full range of services provided by the app, you are required to create an account.

During the registration process, provide accurate and complete information and keep your account details updated. Avoid offensive or misleading usernames.

By creating an account and using the app, you acknowledge and agree to comply with these registration requirements and all other terms.

3. Conditions of Use

By using this app, you confirm that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree, please refrain from using the app.

If you are using the website or app on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms and conditions, in which case "you" or "your" shall refer to that entity.

Razor informatics grants access to and use of this app and website, its products, and its services only to those who accept these terms and conditions.

4. Privacy Policy

We value the privacy of our users and have put in place measures to ensure the security of their personal information. As a condition of using our app, we require users to read and agree to our data and privacy policy. It outlines how we collect, use, and protect user data in accordance with applicable laws and regulations.

By continuing to use our app, you acknowledge that you have read and understand our data and privacy policy and consent to the collection and use of your personal information as described therein.

5. Collection of Data

By using the Digichama website and app, you acknowledge and agree that we store and process the personal data you have provided to us for the purpose of providing our Service. It is your responsibility to maintain the security of your devices and access to the app and website.

For this reason, we strongly advise against jailbreak or rooting your phone, as this process involves removing software restrictions and limitations imposed by the official operating system of your device. Doing so could expose your phone to potential risks, such as malware, viruses, and malicious programs, and it may compromise your phone's security features. Additionally, jailbreaking or rooting your phone could result in the Digichama app and website not functioning properly or not working at all.

6. Age Restriction

For the safety and protection of minors, Razor informatics requires all users MUST be at least 18 years of age. By using this app, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement.

If an underage user requires access to the app, they MUST do so under the direct supervision of a responsible adult. The adult supervisor is responsible for ensuring that the underage user uses this app appropriately and in accordance with this Agreement. We shall not be held liable for any damages or legal actions arising from any misrepresentations or failures to comply with these age requirements.

7. Intellectual Property

You agree that all materials, products, and services provided on this app are our property, our affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property.

You also agree that you will not reproduce or redistribute our intellectual property in any way, including electronic, digital, or new trademark registrations.

You grant us a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company to come to an agreement.

8. Accuracy of Service

The accuracy of service provided through the App may vary depending on various factors, including but not limited to the skills of the user and the quality of the user's internet connection. While we strive to provide the highest quality services possible, we cannot guarantee 100% accuracy.

9. Availability

We strive to ensure that the app is available as much as possible. However, there may be occasions when the app is not available due to maintenance, updates, or technical issues.

We will make every effort to notify users in advance of any scheduled downtime, but we are not liable for any loss or damage that may occur as a result of unavailability.

10. User-Generated Content

In the event, the Company offers additional features that allow users to upload images, videos, or text. Users who choose to upload content warrant that they have the legal right to do so and that it does not infringe on any third-party rights. The Company is not responsible or liable for user-generated content and reserves the right to remove any content that violates these terms or any applicable laws.

By uploading content, users grant the Company a non-exclusive, royalty-free license to use, display, distribute, and modify the content for the purpose of improving the app's services, including but not limited to training our AI algorithms.

11. User Accounts

As a user of this app, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information.

You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the app, inform us immediately so we may address them accordingly.

We reserve all rights to terminate accounts, edit or remove content, and cancel orders at our sole discretion.

12. User Conduct

By using the app, users MUST agree to comply with all relevant and applicable regulations and Laws of Kenya, including but not limited to those related to intellectual property, privacy, and decency.

Any violation of these laws or our terms and conditions may result in the termination or suspension of a user account or any other action we deem necessary to protect the app and its users. We reserve the right to monitor user activity and take appropriate action against those who engage in harmful conduct towards the app or its users.

13. Third-Party Services

The app may utilize certain third-party services to enhance the functionality and performance of our services. These third-party services may collect and process certain data as part of their operations, namely: Google Play Services, Google Analytics for Firebase, Africas Talking, and PayPal.

By using the app, you acknowledge and agree that these third-party services may interact with your data in accordance with their own privacy policies and terms of use.

Please note that these third-party services are beyond our direct control, and we cannot take responsibility for their actions or data-handling practices.

14. Confidentiality and Privilege

During the sign language interpretation sessions, the user may disclose personal or confidential information.

All communication between the user and the interpreter during the session is confidential and shall not be disclosed to any third party without the user’s express consent, except as required by law.

The information exchanged during the interpretation process is for the sole purpose of facilitating communication between the parties involved and shall not be used for any other purpose. Any disclosure, distribution, or use of the information exchanged, without the consent of the parties involved, is strictly prohibited.

15. Payment and Financial Information Collection

The app collects payment information to facilitate payment for services provided. This may include credit card details, bank account information, phone number, and any other relevant payment details.

All payment information is collected and processed securely using industry-standard encryption and security protocols to prevent unauthorized access, disclosure, or alteration of such information.

Additionally, the app may collect and store billing information, including the user's name, address, and other relevant details to generate invoices or receipts for services provided. The app may also collect transaction history data to maintain records of past payments and transactions.

16. Recording and Retention of Session Data

The Company MAY record and retain sessions conducted on the App for a period of Six (6) months for quality assurance and record-keeping purposes, and to facilitate the resolution of any disputes that may arise.

The recorded sessions may also be used to train and improve the accuracy of the App's interpretation services. However, the Company shall not use the recorded sessions for any other purposes and shall maintain the confidentiality and privacy of all users in accordance with Kenyan law.

On the expiry of the 6-month retention period, we shall securely delete all recorded sessions unless otherwise required by Kenyan law or necessary for the establishment, exercise, or defense of legal claims.

The Company may also disclose recorded sessions if required to do so by law or by court order, or if the Company believes in good faith that such disclosure is necessary to protect its rights or property, respond to an emergency situation, or prevent a crime or save a life.

17. Limitation of Liability

Please note that certain functions of the app may require an active internet connection. This connection can be provided through Wi-Fi or your mobile network provider. However, Signs Media Kenya Limited cannot assume liability for any issues or limitations in the app's functionality if you do not have access to proper Wi-Fi connectivity or data bundles. It is the user's responsibility to ensure a reliable internet connection for optimal app performance.

We shall not be liable to users for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the app, even if we have been advised of the possibility of such damages.

Our total liability to users shall not exceed the total amount paid by users, if any, to access the app.

18. Mobile Network Charges and Bill Payer Consent

If you are using the app outside an area with Wi-Fi, it's essential to be mindful that your mobile network provider's terms of agreement will still be applicable. Consequently, you may incur charges from your mobile provider for data usage during your app access or other third-party charges.

By using the app, you acknowledge responsibility for any such charges, including roaming data charges if you use the app outside your home territory (i.e., region or country) without disabling data roaming.

Furthermore, if you are not the bill payer for the device on which you are using the app, please note that we assume you have obtained consent from the bill payer to use the app. It is your responsibility to ensure that you have the appropriate permissions and that you are aware of any potential charges that may arise while using the app on your mobile network.

19. Indemnification

By using this App, you agree to indemnify us and our affiliates and to hold us harmless against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and court costs) arising from your use or misuse of our services. This includes but is not limited to any violation of these Terms and Conditions, any infringement of any intellectual property or other rights of any person or entity, or any breach of any representation or warranty made by you herein.

In the event of any such claim or demand, we reserve the right to select our own legal counsel to represent us, and you agree to cooperate fully with such counsel.

20. Limitation on Liability

By using this app, you acknowledge and agree that we will not be liable for any direct, indirect, incidental, special, or consequential damages that may result from your misuse of the app, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.

21. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Razor informatics and supersede any prior agreements, communications, or understandings, whether written or oral, regarding the use of the app.

22. SEVERABILITY

If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Terms and Conditions is invalid or unenforceable but that by limiting such provision, it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

23. Governing law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with the Laws of Kenya. Any disputes arising out of or in connection with these terms and conditions or the use of the app shall be submitted to the exclusive jurisdiction of the courts of Kenya.

By using the app, you agree to submit to the jurisdiction of the courts of Kenya and waive any objections to the exercise of jurisdiction over you by such courts.

24. Disputes

Any dispute relating in any way to your use of this app or to products you purchase from us shall be arbitrated by the Kenyan court system, and you consent to the exclusive jurisdiction and venue of such courts.

25. Modification of Terms and Conditions

We may modify or update these Terms and Conditions at any time without prior notice. It is the user's responsibility to regularly check for updates to these terms. By continuing to use the app after any changes to these terms have been made, the user agrees to the updated terms.

Any notices regarding changes to these terms will be provided through electronic mail or other means deemed appropriate.

These Terms and Conditions constitute the entire agreement between the user and Razor informatics and supersede any prior agreements, communications, or understandings, whether written or oral, regarding the use of the app.