Terms and Conditions

1. Definitions

In these Terms:

• "EcoFaida" refers to EcoFaida and its software platform accessible at ecofaida.com.
• "Platform" means the EcoFaida web application, APIs, and associated services.
• "Customer" means the organisation or individual that subscribes to or uses the Platform.
• "User" means any person authorised by the Customer to access the Platform.
• "Content" means any data, documents, SOPs, forms, records, or files uploaded to or created within the Platform.
• "Agreement" means these Terms and Conditions together with any applicable Order Form or Subscription Agreement.

2. Acceptance of Terms

By creating an account, booking a walkthrough, or using any part of the Platform, you confirm that:

• You are at least 18 years old and have the legal capacity to enter into a binding agreement.
• If acting on behalf of an organisation, you have the authority to bind that organisation to these Terms.
• You have read and understood this Agreement and the Privacy Policy.

3. Platform Access and Accounts

3.1 Account creation

To use the Platform you must register for an account and provide accurate, complete, and current information. You are responsible for keeping your credentials secure and must not share them with anyone outside your authorised team.

3.2 Account responsibilities

You are responsible for all activity that occurs under your account. You must notify EcoFaida immediately at info@ecofaida.com if you suspect unauthorised access.

3.3 Authorised users

The Customer may invite Users up to the limit specified in their subscription plan. Each User must agree to these Terms before accessing the Platform.

4. Subscription and Payment

4.1 Plans and fees

EcoFaida is offered on a subscription basis. Pricing, features, and usage limits for each plan are described on our website or in your Order Form. All fees are stated in Kenyan Shillings (KES) unless otherwise agreed.

4.2 Billing and payment

Subscriptions are billed in advance on a monthly or annual basis. Payment must be made by the due date via the methods specified on your invoice. Overdue accounts may be suspended after 14 days' notice.

4.3 Refunds

Subscription fees are non-refundable except where required by applicable law or where EcoFaida fails to deliver the service as described. Unused credits do not roll over.

4.4 Price changes

EcoFaida may adjust subscription prices with at least 30 days' written notice. Continued use after the effective date constitutes acceptance of the new pricing.

5. Acceptable Use

You agree to use the Platform only for lawful business purposes. You must not:

• Use the Platform to transmit unlawful, harmful, defamatory, or fraudulent content.
• Attempt to gain unauthorised access to the Platform, other accounts, or underlying systems.
• Reverse engineer, decompile, or disassemble any part of the Platform.
• Use automated tools (bots, scrapers) to extract data without prior written consent.
• Resell or sub-licence access to the Platform without EcoFaida's written authorisation.
• Interfere with the security, availability, or performance of the Platform.
• Upload content that infringes third-party intellectual property rights.

EcoFaida reserves the right to suspend or terminate accounts that violate these terms without prior notice.

6. Intellectual Property

6.1 EcoFaida IP

EcoFaida owns all intellectual property rights in the Platform, including its software, design, trademarks, and documentation. These Terms do not transfer any ownership rights to you. You receive a limited, non-exclusive, non-transferable licence to use the Platform during your active subscription period.

6.2 Customer Content

You retain full ownership of the Content you create or upload. By using the Platform you grant EcoFaida a limited, non-exclusive licence to process and store your Content solely to provide the services. EcoFaida does not claim ownership of your data.

6.3 Feedback

If you submit ideas, suggestions, or feedback about the Platform, you grant EcoFaida a royalty-free licence to use them without obligation or attribution.

7. Data and Privacy

The collection and processing of personal data is governed by our Privacy Policy, which forms part of this Agreement. By using the Platform you consent to the data practices described in that policy.

EcoFaida will implement appropriate technical and organisational measures to protect your data against unauthorised access, loss, or disclosure.

8. Uptime and Service Levels

EcoFaida aims to maintain platform availability of at least 99% measured monthly, excluding scheduled maintenance and events outside our reasonable control. Planned maintenance will be communicated in advance where possible.

EcoFaida does not warrant that the Platform will be error-free or uninterrupted. In the event of extended downtime, your sole remedy is a pro-rated credit applied to the next billing cycle.

9. Third-Party Integrations

The Platform may integrate with or link to third-party services (e.g., Google Meet, payment processors). EcoFaida is not responsible for the content, availability, or practices of third-party services. Your use of any third-party service is subject to that service's own terms and privacy policy.

10. Confidentiality

Each party agrees to keep the other's confidential information secure and not to disclose it to third parties without written consent. Confidential information does not include information that is publicly available, independently developed, or lawfully received from a third party.

11. Disclaimers

The Platform is a management tool. It is the Customer's responsibility to ensure that their use of the Platform complies with all applicable laws, regulations, and industry standards in their jurisdiction.

12. Limitation of Liability

To the maximum extent permitted by law:

• EcoFaida's total liability to you for any claim arising out of or relating to these Terms or the Platform shall not exceed the fees paid by you in the three (3) months preceding the event giving rise to the claim.
• EcoFaida shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or business opportunities.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless EcoFaida and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use or misuse of the Platform; (b) your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

14. Term and Termination

14.1 Term

These Terms apply from the date you first access the Platform and continue until your subscription is terminated.

14.2 Termination by you

You may cancel your subscription at any time through your account settings or by emailing info@ecofaida.com. Cancellation takes effect at the end of the current billing period.

14.3 Termination by EcoFaida

EcoFaida may suspend or terminate your account immediately if you: (a) violate these Terms; (b) fail to pay fees after 14 days' notice; or (c) become insolvent. We may also terminate the service with 30 days' notice for any other reason.

14.4 Effect of termination

On termination you may export your Content within 30 days. After that period EcoFaida will delete your data in accordance with the Privacy Policy. Sections 6, 10, 11, 12, and 13 survive termination.

15. Governing Law and Disputes

These Terms are governed by the laws of Kenya. Any dispute arising from or relating to these Terms that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of Nairobi, Kenya.

16. Changes to These Terms

EcoFaida may update these Terms from time to time. We will notify you of material changes by email or in-platform notice at least 14 days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform before the changes take effect.

17. General

• Entire agreement: These Terms, together with the Privacy Policy and any applicable Order Form, constitute the entire agreement between the parties and supersede all prior agreements.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights or obligations under these Terms without EcoFaida's prior written consent. EcoFaida may assign them in connection with a merger or acquisition.
• Force majeure: Neither party is liable for delays or failures caused by events beyond their reasonable control.