Terms of Service

1. Introduction

Welcome to Kanitha Systems Kenya ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our church management software platform, including all related services, features, content, and applications (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

2. Definitions

• "Church" or "Organization" refers to the religious institution or organization that registers for and uses our Service.
• "Administrator" refers to the person(s) authorized by the Church to manage the Service account.
• "User" refers to any individual who accesses the Service, including Administrators, staff members, and church members.
• "Data" refers to all information, content, and materials uploaded, submitted, or generated through the Service.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and authorized to represent your Church or Organization to register for our Service. By registering, you represent and warrant that you have the legal authority to bind your Church to these Terms.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Security

You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. Use of Service

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your Church's internal operations.

4.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates any applicable national, regional, or international law or regulation
• Transmit any material that is defamatory, offensive, or otherwise objectionable
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any automated system to access the Service in a manner that sends more requests than a human can reasonably produce
• Reverse engineer, decompile, or disassemble any portion of the Service
• Remove, alter, or obscure any proprietary notices on the Service

5. Data Ownership and Privacy

5.1 Your Data

You retain all rights, title, and interest in and to your Data. We claim no ownership rights over your Data. You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of your Data.

5.2 Our Use of Your Data

We will only use your Data to provide and improve the Service, as described in our Privacy Policy. We will not sell, rent, or share your Data with third parties except as necessary to provide the Service or as required by law.

5.3 Data Protection

We implement appropriate technical and organizational measures to protect your Data against unauthorized or unlawful processing, accidental loss, destruction, or damage, in accordance with the Kenya Data Protection Act, 2019.

6. Payment and Subscription

6.1 Fees

Access to certain features of the Service may require payment of fees. All fees are quoted in Kenya Shillings (KES) unless otherwise stated. You agree to pay all applicable fees as described on our pricing page.

6.2 Billing

Fees are billed in advance on a monthly or annual basis, as selected by you. Payment is due upon receipt of invoice. Late payments may result in suspension or termination of your account.

6.3 Refunds

All fees are non-refundable except as required by law or as expressly stated in these Terms. We may, at our sole discretion, offer refunds on a case-by-case basis.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by Kanitha Systems Kenya and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

"Kanitha Systems," our logo, and other marks are trademarks of Kanitha Systems Kenya. You may not use these marks without our prior written permission.

8. Term and Termination

8.1 Term

These Terms commence on the date you first access the Service and continue until terminated in accordance with these Terms.

8.2 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Termination will be effective at the end of your current billing period.

8.3 Termination by Us

We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees when due, or if we believe your use of the Service poses a security risk or violates applicable law.

8.4 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will provide you with a reasonable opportunity (not less than 30 days) to export your Data before permanently deleting it from our systems.

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, KANITHA SYSTEMS KENYA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kanitha Systems Kenya and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, 1995.

12. General Provisions

12.1 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kanitha Systems Kenya regarding the Service and supersede all prior agreements and understandings.

13. Contact Information

If you have any questions about these Terms, please contact us: