Terms of Service

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract. If you use the Services on behalf of a company or other entity, you confirm that you have authority to bind that entity to these Terms.

2. Your Account

You may need to create an account to use certain parts of the Services. You agree to provide accurate and up to date information and to keep your login details secure.

You are responsible for all activity under your account. You must notify us immediately at [email protected] if you suspect unauthorized use or a security issue.

3. License to Use the Services

Subject to these Terms and payment of applicable fees, tappi grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes. We keep all rights not expressly granted to you.

4. Acceptable Use

You may not use the Services to:

• break any law or violate third-party rights
• send spam or unlawful communications
• upload harmful code or malware
• interfere with or disrupt the Services
• access systems or data without authorization
• copy, resell, reverse engineer, or misuse the Services
• use the Services in a way that could harm tappi, other users, or third parties

5. Customer Data and Content

You are responsible for all data, content, contacts, messages, files, and other material you upload or use through the Services ("Customer Data").

You confirm that:

• you have the right to use and share that data
• you have all required consents and legal grounds
• your use of the Services complies with applicable law

You keep ownership of your Customer Data. You give tappi a non-exclusive, worldwide, royalty-free license to host, store, process, copy, and use that data only as needed to provide, maintain, improve, secure, and support the Services, and as otherwise permitted by law.

6. Messaging and Communications

If you use the Services to send SMS, WhatsApp messages, or other communications, you are solely responsible for obtaining and keeping valid consents, opt-ins, and opt-out records where required by law.

tappi is not responsible for your compliance where it depends on your audience, message content, consent practices, or campaign setup.

7. Fees, Billing, and Taxes

Some Services require payment. You agree to pay all applicable fees shown at the time of purchase or in an order form, pricing page, or subscription plan.

Unless stated otherwise:

• fees are charged in KES
• fees are non-refundable
• fees are exclusive of taxes
• you are responsible for applicable taxes, duties, and levies, except taxes on our income

You authorize tappi and its payment providers to charge your payment method for all amounts due.

If payment fails, is reversed, or is overdue, we may suspend access to your account.

8. Subscription Term, Renewal, and Cancellation

If you purchase a subscription, your subscription will continue for the term you selected and will automatically renew unless you cancel before renewal.

You may cancel by contacting tappi via [email protected] or calling +254715412061 at least 7 days before the end of the current term.

If you cancel, your access will continue until the end of the paid period unless stated otherwise.

9. Free Trials and Beta Features

We may offer free trials, pilot programs, or beta features. These may be changed, limited, or withdrawn at any time.

Unless we say otherwise, beta and trial features are provided as is, with no guarantees.

10. Intellectual Property

The Services, including all software, designs, content, trademarks, branding, and related materials, are owned by or licensed to tappi and are protected by law.

Except as expressly allowed in these Terms, you may not copy, modify, distribute, sell, or create derivative works from the Services without our written permission.

11. Third-Party Services

The Services may include or rely on third-party tools, payment providers, messaging platforms, or integrations. Your use of those services may also be subject to their own terms.

tappi is not responsible for third-party services, including their availability, security, or performance.

12. Privacy and Data Protection

Your use of the Services is also subject to our Privacy Policy. tappi may process personal data as a data processor depending on the service and context.

13. Security

We will use commercially reasonable measures to protect Customer Data. However, no system is completely secure, and we cannot guarantee absolute security.

You are responsible for securing your own systems, devices, and access credentials.

14. Confidentiality

Each party may receive confidential information from the other. The receiving party must use it only as needed for the Services and must not disclose it except as required by law or to people who need to know and are bound by confidentiality obligations.

This does not apply to information that is public, already known without restriction, lawfully received from another source, or independently developed.

15. Suspension and Termination

We may suspend or terminate your access immediately if:

• you breach these Terms
• you fail to pay fees
• your use creates legal, security, or reputational risk
• we are required to do so by law or a third-party provider
• continuing to provide the Services is no longer commercially viable

You may stop using the Services at any time.

16. Effect of Termination and Data Deletion

If your account or subscription ends:

• your right to use the Services ends immediately
• unpaid amounts remain due
• we may disable access to your data

You may request export of your Customer Data for a limited period after termination, subject to payment of all outstanding amounts and technical feasibility.

After that, we may delete or anonymize your Customer Data unless we are required to retain it by law or for legitimate business, security, or dispute purposes.

17. Disclaimers

To the fullest extent permitted by law, the Services are provided "as is" and "as available."

We do not guarantee that the Services will be uninterrupted, error-free, secure, or suitable for your specific needs.

18. Limitation of Liability

To the fullest extent permitted by law, tappi will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity.

Our total liability for any claim arising from the Services or these Terms will be determined based on a number of factors and, in any event, will not exceed the amount you paid us in the quarter preceding the event giving rise to the claim.

19. Indemnity

You agree to defend, indemnify, and hold harmless tappi and its affiliates, officers, employees, contractors, and agents from claims, losses, damages, liabilities, and expenses arising from:

• your use of the Services
• your Customer Data
• your breach of these Terms
• your violation of law or third-party rights
• communications or campaigns sent through your account

20. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Kenya.

Any dispute arising from these Terms or the Services will first be discussed in good faith for a dedicated number of days. If not resolved, it will be referred to binding arbitration in Nairobi, Kenya.

Either party may seek urgent court relief where necessary to protect confidential information, data, or intellectual property.

21. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you.

Your continued use of the Services after the updated Terms take effect means you accept the revised Terms.

22. General

These Terms, together with any applicable order form, Privacy Policy, Data Processing Addendum, and product-specific terms, form the full agreement between you and tappi.

If any provision is found unenforceable, the rest will still apply.

If we do not enforce a provision right away, that does not waive our right to enforce it later.

You may not assign these Terms without our written consent. We may assign them to an affiliate, successor, or acquirer.

Neither party is liable for delays caused by events beyond reasonable control.

Nothing in these Terms creates a partnership, agency, or employment relationship between you and tappi.

23. Contact

If you have questions about these Terms, contact us at:

Email: [email protected]

Call/WhatsApp: +254715412061