Terms of Use - JamiiGrow

1. Acceptance of Terms

By accessing or using JamiiGrow ("Platform," "Service," "we," "us," or "our"), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you must not use the Platform. These terms apply to all users, including group administrators, members, and representatives.

2. Description of Service

JamiiGrow provides a cloud-based platform for managing:

Community groups and welfare societies
Member registration and bio-data management
Contributions, loans, and financial tracking
M-Pesa and mobile money integrations
Support requests (funeral, medical, welfare)
Meetings, elections, and polls
Project management and reporting
SMS and WhatsApp notifications
Membership cards and document management

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete information during registration
You are responsible for maintaining the confidentiality of your password
Each account is for individual use only and may not be shared
You must notify us immediately of any unauthorized access
You must be at least 18 years old to create an account

3.2 Group Administrator Responsibilities

Group administrators agree to:

Accurately represent their group and its purpose
Comply with all applicable laws and group constitution rules
Maintain accurate financial and membership records
Protect member data and respect privacy
Use the platform only for legitimate welfare and community purposes
Pay subscription fees on time

4. Subscription and Payment

4.1 Subscription Plans

Groups must subscribe to an active package to use the Platform
Subscription fees are displayed on our pricing page
Free trials may be offered at our discretion
Subscriptions renew automatically unless cancelled

4.2 Payment Terms

All fees are in Kenyan Shillings (KES) unless otherwise stated
Payment is due upon subscription renewal
Late payments may result in service suspension
Refunds are provided only in cases of billing errors or at our sole discretion

4.3 Transaction Fees

M-Pesa STK push requests, SMS notifications, and WhatsApp messages may incur additional charges based on usage beyond package limits. These fees are clearly stated in your subscription package.

5. Acceptable Use Policy

5.1 Permitted Use

You may use JamiiGrow only for:

Managing legitimate welfare societies and community groups
Facilitating member contributions and support
Organizing group activities and meetings
Maintaining accurate records for compliance

5.2 Prohibited Use

You must NOT:

Use the Platform for illegal activities or fraud
Operate pyramid schemes, Ponzi schemes, or investment scams
Engage in money laundering or terrorist financing
Harass, abuse, or threaten other users
Upload viruses, malware, or malicious code
Attempt to gain unauthorized access to the Platform
Reverse engineer, decompile, or copy any part of the Platform
Scrape or extract data without authorization
Violate any applicable laws or regulations
Misrepresent your identity or affiliation
Collect or store personal data of others without consent

6. Intellectual Property

6.1 Platform Ownership

JamiiGrow and all related trademarks, logos, software, and content are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose only.

6.2 User Content

You retain ownership of content you upload (group documents, member photos, etc.). By uploading content, you grant us a license to store, process, and display it as necessary to provide the Service. You represent that you have all rights necessary to upload such content.

7. Data and Privacy

Your use of JamiiGrow is subject to our Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

We collect and process personal data to provide our services
Financial data is encrypted and handled securely
Group administrators have access to member data within their group
We comply with Kenyan data protection laws

7A. Data Processing — Our Role as a Data Processor

7A.1 Platform as Data Processor

JamiiGrow provides technology and software infrastructure to enable chamas, welfare groups, and community organisations ("Groups") to manage their own member data, financial records, and operational activities. In this context:

The Group Administrator is the Data Controller — they determine the purposes and means by which member personal data is collected and processed.
JamiiGrow is the Data Processor — we process personal data solely on the instructions of the Group Administrator, for the purpose of delivering the Platform's features and services.

7A.2 What We Process on Your Behalf

As a Data Processor, JamiiGrow processes the following categories of personal data on behalf of Groups:

Member names, identification numbers, contact details, and photographs
Financial records including contributions, loan balances, and transaction histories
Welfare and support claim information
Meeting attendance and voting records
Any other data entered into the Platform by the Group Administrator or its members

7A.3 Our Processing Obligations

JamiiGrow commits to the following as a Data Processor under the Kenya Data Protection Act, 2019:

Process personal data only on documented instructions from the Group Administrator
Ensure that persons authorised to process data are bound by confidentiality obligations
Implement appropriate technical and organisational security measures to protect personal data
Not engage sub-processors without prior authorisation and equivalent data protection obligations
Assist the Data Controller in responding to data subject rights requests (access, correction, deletion)
Delete or return all personal data to the Data Controller upon termination of services, unless retention is required by law
Provide all information necessary to demonstrate compliance with data protection obligations

7A.4 Group Administrator Responsibilities as Data Controller

By using JamiiGrow, Group Administrators confirm that they:

Have a lawful basis for collecting and processing member personal data
Have obtained appropriate consent from members where required
Have disclosed to members that their data is managed using JamiiGrow
Are responsible for the accuracy and lawfulness of the data they enter into the Platform
Will honour member requests relating to their personal data in accordance with applicable law

7A.5 Data Security

JamiiGrow implements industry-standard security measures including encryption of sensitive data (such as financial and identification information), access controls, and secure hosting. In the event of a personal data breach that is likely to result in a risk to the rights and freedoms of individuals, JamiiGrow will notify the affected Group Administrator without undue delay and assist with any required regulatory notifications.

7A.6 Data Transfers

All Group data is stored and processed within secure cloud infrastructure. Any transfer of personal data outside Kenya will only occur where appropriate safeguards are in place as required by the Kenya Data Protection Act, 2019.

7A.7 Regulatory Compliance

JamiiGrow is committed to compliance with the Kenya Data Protection Act, 2019 and the regulations issued thereunder by the Office of the Data Protection Commissioner (ODPC). Groups using the Platform for insurance-linked services should note that additional data processing obligations may apply under IRA regulations.

8. Third-Party Services

JamiiGrow integrates with third-party services:

M-Pesa / Safaricom: Payment processing and STK push
SMS Providers: OTP and notification delivery
WhatsApp Business API: Messaging and notifications
Cloud Hosting: Data storage and platform hosting

We are not responsible for the availability, performance, or policies of these third-party services. Your use of third-party services is subject to their terms and conditions.

9. Service Availability and Support

9.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access. The Platform may be unavailable due to maintenance, updates, or factors beyond our control.

9.2 Updates and Changes

We may modify, suspend, or discontinue any feature of the Platform at any time without prior notice. We will make reasonable efforts to notify users of significant changes.

9.3 Support

Support is provided via email, WhatsApp, or in-platform chat based on your subscription package. Support hours and response times vary by plan.

10. Termination

10.1 By You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods.

10.2 By Us

We may suspend or terminate your account if:

You violate these Terms of Use
Your payment is overdue
We detect fraudulent or illegal activity
Required by law or regulatory authority

10.3 Effect of Termination

Upon termination, your access to the Platform will cease. You may request a data export within 30 days of termination. After 90 days, we may permanently delete your data, except as required by law.

11. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including:

Merchantability and fitness for a particular purpose
Accuracy, reliability, or completeness of content
Uninterrupted or error-free operation
Security or freedom from viruses

You use the Platform at your own risk. We do not guarantee any specific results or financial outcomes.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We are not liable for indirect, incidental, special, or consequential damages
Our total liability is limited to the amount you paid in the last 12 months
We are not responsible for losses caused by third-party services (M-Pesa, SMS, etc.)
We are not responsible for disputes between group members
We are not liable for data loss (you should maintain backups)

Some jurisdictions do not allow liability limitations, so these may not fully apply to you.

13. Indemnification

You agree to indemnify and hold JamiiGrow harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

Your violation of these Terms
Your misuse of the Platform
Your violation of any rights of others
Content you upload or actions you take
Disputes within your group

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Kenya.

14.2 Arbitration

Any disputes shall first be resolved through good-faith negotiation. If unresolved within 30 days, disputes may be submitted to arbitration under the Arbitration Act of Kenya.

14.3 Jurisdiction

If arbitration is not applicable, you agree to submit to the exclusive jurisdiction of the courts in Nairobi, Kenya.

15. Changes to Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "Effective Date." Material changes will be communicated via email or platform notification. Continued use after changes constitutes acceptance of the new terms.

16. Miscellaneous

16.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and JamiiGrow.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

16.3 Waiver

Failure to enforce any right does not constitute a waiver of that right.

16.4 Assignment

You may not assign these Terms. We may assign them to any successor or affiliate.

17. Contact Information

For questions about these Terms, contact us at:

JamiiGrow Support
Email: support@jamiigrow.com
Phone: +254797662610
WhatsApp: 254797662610