Terms of Service

1. Agreement to Terms

Welcome to Bimaspace, a product of Namespace Limited. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Bimaspace ("Company," "we," "us," or "our") regarding your access to and use of the Bimaspace insurance management platform ("Service").

These Terms are governed by the laws of the Republic of Kenya. By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts under Kenyan law
• Be authorized to use the Service on behalf of any business entity you represent
• Have a valid Google account for authentication
• Comply with all applicable laws and regulations of Kenya

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must register for an account using Google OAuth authentication. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your Google account credentials
• Accept responsibility for all activities that occur under your account

3.2 Account Security

You are responsible for safeguarding your account and must:

• Not share your account credentials with others
• Notify us immediately of any unauthorized access or security breach
• Use secure networks when accessing the Service
• Log out of your account after each session, especially on shared devices

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or any applicable laws, without prior notice or liability.

4. Service Description

Bimaspace provides an insurance management platform that allows you to:

• Manage client information and profiles
• Track insurance policies, premiums, and expiry dates
• Send SMS notifications and reminders to clients via Africa's Talking
• Access analytics and reports on your insurance business
• Receive automated policy expiry alerts

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

5. User Obligations and Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in compliance with all applicable Kenyan laws and regulations.

5.2 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Send spam, unsolicited messages, or fraudulent communications
• Violate any laws regarding SMS communications or data protection in Kenya
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) to access the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Upload or transmit viruses, malware, or harmful code
• Collect or harvest personal information of other users
• Impersonate any person or entity
• Use the Service to harass, abuse, or harm others
• Violate any intellectual property rights
• Resell or commercially exploit the Service without authorization

5.3 SMS Messaging Compliance

When using our SMS messaging features, you must:

• Obtain proper consent from recipients before sending messages
• Comply with Kenya's Communications Authority regulations
• Not send messages containing illegal, offensive, or fraudulent content
• Respect opt-out requests from recipients
• Use the service only during reasonable hours (6:00 AM - 10:00 PM EAT)

6. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

You acknowledge that:

• We comply with the Data Protection Act, 2019 of Kenya
• You are responsible for obtaining consent from your clients before storing their data
• You must handle client data in accordance with Kenyan data protection laws
• We use third-party services (Google, Africa's Talking) as described in our Privacy Policy

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all content, features, functionality, software, code, designs, graphics, and logos, is owned by Bimaspace and is protected by Kenyan and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business use, subject to these Terms.

7.2 Your Content

You retain all rights to the content you upload or create using the Service ("User Content"), including client information, policy data, and messages.

By using the Service, you grant us a license to use, store, process, and transmit your User Content solely for the purpose of providing the Service to you.

8. Payment and Fees

Certain features of the Service may require payment of fees. If applicable:

• All fees are quoted in Kenya Shillings (KES) unless otherwise stated
• SMS messaging costs are charged according to Africa's Talking rates
• You are responsible for all applicable taxes
• Fees are non-refundable unless otherwise specified
• We reserve the right to change fees with 30 days' notice
• Failure to pay fees may result in service suspension or termination

9. Third-Party Services

Our Service integrates with third-party services, including:

• Google OAuth: For authentication
• Africa's Talking: For SMS messaging

Your use of these third-party services is subject to their respective terms and policies. We are not responsible for the actions, content, or services of these third parties.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

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

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results obtained from the Service will be accurate or reliable

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, BIMASPACE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or business opportunities
• Service interruptions or data breaches
• Errors or inaccuracies in the Service
• Unauthorized access to your account or data
• Third-party actions or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR KES 10,000, WHICHEVER IS GREATER.

10.3 Insurance Advisory

Bimaspace is a management tool and does not provide insurance advice, underwriting, or brokerage services. You are solely responsible for your insurance business decisions and compliance with insurance regulations in Kenya.

11. Indemnification

You agree to indemnify, defend, and hold harmless Bimaspace, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of any Kenyan laws or regulations
• Your User Content or use of the Service
• Your SMS messaging activities

12. Dispute Resolution and Governing Law

12.1 Governing Law

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

12.2 Dispute Resolution

In the event of any dispute arising from these Terms or your use of the Service:

1. Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiations
2. Mediation: If negotiation fails, the parties shall attempt mediation through a mutually agreed mediator in Kenya
3. Arbitration: If mediation fails, disputes shall be resolved through arbitration in accordance with the Arbitration Act of Kenya

12.3 Jurisdiction

The courts of Kenya shall have exclusive jurisdiction over any disputes that cannot be resolved through negotiation, mediation, or arbitration.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, you will lose access to the Service and your data.

13.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Fail to pay applicable fees
• Misuse the Service or harm other users
• Violate Kenyan laws or regulations

13.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and data after a reasonable period
• You remain liable for any fees incurred before termination
• Provisions of these Terms that should survive termination will remain in effect

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our platform
• Updating the "Last Updated" date
• Sending you an email notification

Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bimaspace regarding the Service.

15.2 Severability

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

15.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without your consent.

15.5 Force Majeure

We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, labor disputes, or telecommunications failures.

15.6 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version shall prevail.

16. Contact Information

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

17. Acknowledgment

BY CLICKING "I AGREE," REGISTERING FOR AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.