Please read the following terms and conditions carefully.
Introduction
Welcome to Smartpfm, a web application owned and operated by Smartpfm Kenya Ltd. ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms'') govern your use of the Smartpfm application ("Service"). By subscribing to or using Smartpfm, you ("User," "you," or "your'') agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Description of Service
Smartpfm is a personal finance management application that allows individuals to prepare and administer their monthly budget, asset registers, investments, and debt records, and view analysis prepared by the application using their records.
2. Eligibility
By using Smartpfm, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. Account Registration
To use Smartpfm, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
4. Subscription and Payment
Subscription Plans: Smartpfm offers various subscription plans. Details of these plans, including pricing and features, are available on our website.
Payment: Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select. By subscribing, you authorize us to charge your chosen payment method for the subscription fees.
Cancellation: You may cancel your subscription at any time. Cancellations will take effect at the end of your current billing cycle, and you will not be charged for the subsequent period. No refunds will be provided for partial billing periods.
5. Use of the Service
You agree to use Smartpfm in accordance with all applicable laws and regulations. You agree not to:
Use the Service for any unlawful purpose.
Interfere with or disrupt the operation of the Service.
Attempt to gain unauthorized access to any part of the Service or any other accounts, systems, or networks connected to the Service.
Use any robot, spider, or other automatic device or manual process to monitor or copy any content from the Service.
6. User Content
You retain ownership of the information you input into Smartpfm ("User Content"). By using the Service, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display your User Content solely for the purpose of operating and improving the Service.
7. Privacy Policy
Our Privacy Policy describes how we collect, use, and protect your personal information. By using Smartpfm, you consent to the collection and use of your information as described in the Privacy Policy.
8. Intellectual Property
Ownership: The Service, including all content, software, and other materials, is the property of Smartpfm Kenya Ltd and is protected by intellectual property laws.
License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use.
9. Disclaimers
The Service is provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.
10. Limitation of Liability
To the fullest extent permitted by law, Smartpfm Kenya Ltd 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, resulting from (a) your use of or inability to use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
11. Indemnification
You agree to indemnify and hold harmless Smartpfm Kenya Ltd and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
12. Termination
We may terminate or suspend your account and access to the Service at any time, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by discontinuing your use of the Service.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Kenya for the purpose of litigating any disputes.
15. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between you and Smartpfm Kenya Ltd regarding the use of the Service and supersede any prior agreements between you and us.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
15. Miscellaneous
If you have any questions about these Terms, please contact us at:
Email: info@smartpfm.co.ke
Mailing Address: P.O Box 1365 - 00232 Ruiru
Phone Number: 0712 875554
