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BIITRUST / LEGAL

End User Licence Agreement

The licence terms for BiiTrust applications and related software.

IN THIS DOCUMENT
GRANT OF LICENSE PERMITTED USE RESTRICTIONS OWNERSHIP USER ACCOUNTS SOFTWARE UPDATES MOBILE DEVICE REQUIREMENTS FEES AND SUBSCRIPTIONS THIRD-PARTY SERVICES USER DATA SECURITY DATA BACKUP REGULATED ACTIVITIES ACCEPTABLE USE TERMINATION DISCLAIMER OF WARRANTIES LIMITATION OF LIABILITY INDEMNIFICATION EXPORT COMPLIANCE APPLE-SPECIFIC TERMS GOOGLE PLAY TERMS GOVERNING LAW DISPUTE RESOLUTION SEVERABILITY ENTIRE AGREEMENT CONTACT INFORMATION
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Effective Date: .............. Last Updated: ..............

This End User License Agreement ("EULA") is a legal agreement between you ("User", "you") and:

Company Name: .............. Registered Address: .............. Email: ..............

for the use of:

  • BiiTrust Android Application
  • BiiTrust iOS Application
  • Related software, updates, APIs, and services

By downloading, installing, accessing, or using the Application, you agree to this EULA.

IF YOU DO NOT AGREE TO THIS EULA, DO NOT INSTALL OR USE THE APPLICATION.


1. GRANT OF LICENSE

Subject to your compliance with this EULA, the Company grants you a:

  • Limited
  • Non-exclusive
  • Non-transferable
  • Non-sublicensable
  • Revocable

license to download, install and use the Application solely for its intended business purposes.

All rights not expressly granted are reserved by the Company.


2. PERMITTED USE

You may:

  • Access the Application using authorised devices.
  • Use features available under your subscription.
  • Store and process business information within the Application.
  • Receive updates and patches.

3. RESTRICTIONS

You may not:

  • Reverse engineer the software.
  • Decompile the application.
  • Disassemble program code.
  • Modify the software.
  • Create derivative works.
  • Circumvent security mechanisms.
  • Remove copyright notices.
  • Rent or lease the software.
  • Resell access without written permission.
  • Exploit vulnerabilities.
  • Conduct penetration testing without authorization.

Any unauthorised use immediately terminates this license.


4. OWNERSHIP

The Application is licensed, not sold.

The Company retains all rights, title, and interest in:

  • Software
  • Source code
  • Databases
  • Graphics
  • Trademarks
  • Logos
  • Documentation
  • Interfaces
  • APIs

No ownership rights are transferred to users.


5. USER ACCOUNTS

Some functionality requires account registration.

You are responsible for:

  • Maintaining password confidentiality.
  • Securing your device.
  • Limiting unauthorized access.
  • Monitoring your account activity.

The Company shall not be liable for losses arising from compromised credentials caused by user negligence.


6. SOFTWARE UPDATES

The Company may provide:

  • Security updates
  • Bug fixes
  • Feature enhancements
  • New functionality

Updates may be installed automatically where permitted by your device settings.

Certain updates may be required for continued use.


7. MOBILE DEVICE REQUIREMENTS

The Application may require:

  • Compatible Android or iOS versions;
  • Stable internet connection;
  • Sufficient storage;
  • Functional device hardware.

We do not guarantee compatibility with all devices.


8. FEES AND SUBSCRIPTIONS

Certain features may require paid subscriptions.

Subscription terms include:

  • Billing cycle
  • Renewal period
  • Cancellation rights
  • Applicable taxes

Prices may change upon reasonable notice.

App Store or Google Play billing rules may apply where purchases are made through those platforms.


9. THIRD-PARTY SERVICES

The Application may integrate with:

  • SMS providers
  • Email systems
  • Mobile money services
  • Financial institutions
  • Credit bureaus
  • Payment gateways
  • Cloud service providers

The Company does not control third-party services and is not responsible for their performance.


10. USER DATA

The Application may process:

  • Account information
  • Financial information
  • Customer records
  • Transaction history
  • Device information
  • Analytics data
  • Authentication logs

Such processing is governed by the Privacy Policy.


11. SECURITY

Reasonable technical and organisational measures are implemented to protect data.

However, no application is completely secure.

Users acknowledge risks associated with:

  • Internet communication
  • Mobile networks
  • Device theft
  • Malware
  • Cybersecurity attacks

12. DATA BACKUP

Although backups may be performed periodically, users remain responsible for maintaining copies of important records where required.

The Company does not guarantee recovery of lost data.


13. REGULATED ACTIVITIES

Users are responsible for ensuring their use of the Application complies with:

  • Financial regulations
  • Consumer protection laws
  • Data protection laws
  • Anti-money laundering laws
  • Industry-specific regulations

The Application is provided as software and does not itself constitute legal, accounting, banking, or financial advice.


14. ACCEPTABLE USE

Users shall not use the Application to:

  • Commit fraud.
  • Launder money.
  • Finance criminal activities.
  • Harass others.
  • Distribute harmful software.
  • Violate intellectual property rights.
  • Store unlawful content.

The Company may suspend any account involved in prohibited conduct.


15. TERMINATION

This license remains effective until terminated.

The Company may terminate this EULA immediately if:

  • You breach this EULA.
  • Fraud is suspected.
  • Security concerns arise.
  • Regulatory obligations require suspension.

Upon termination:

  • The license ends immediately.
  • Access rights cease.
  • The Application must be removed from all devices where required.

16. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE."

THE COMPANY DISCLAIMS ALL WARRANTIES INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • AVAILABILITY
  • ACCURACY
  • RELIABILITY

The Company does not warrant uninterrupted operation.


17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR:

  • Indirect damages
  • Consequential damages
  • Special damages
  • Incidental damages
  • Loss of revenue
  • Loss of profits
  • Data loss
  • Business interruption

IN NO EVENT SHALL TOTAL LIABILITY EXCEED:

...............

or the amount paid for the Application during the preceding twelve (12) months, whichever is greater.


18. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its directors, employees, contractors and affiliates from any claims arising from:

  • Your misuse of the Application;
  • Violation of this EULA;
  • Regulatory non-compliance;
  • Violation of third-party rights.

19. EXPORT COMPLIANCE

Users shall comply with all applicable export control, sanctions and trade laws.

The Application may not be used where prohibited by law.


20. APPLE-SPECIFIC TERMS

If downloaded through Apple's App Store:

  • Apple is not responsible for support or maintenance.
  • Apple is not responsible for warranty claims.
  • Apple is not responsible for product liability claims.
  • Apple and its subsidiaries are third-party beneficiaries of this EULA.

Your use of the Application must also comply with Apple's Usage Rules.


21. GOOGLE PLAY TERMS

If downloaded through Google Play:

  • Google is not responsible for support or maintenance.
  • Google has no liability regarding operation of the Application.
  • Use of the Application is subject to Google Play policies.

22. GOVERNING LAW

This EULA shall be governed by the laws of:

...............

without regard to conflict of law principles.


23. DISPUTE RESOLUTION

Any dispute arising from this EULA shall be resolved through:

1. Good-faith negotiation; 2. Mediation; 3. Arbitration;

before resorting to courts where permitted by law.

Jurisdiction:

...............


24. SEVERABILITY

If any provision of this EULA is held invalid, the remaining provisions shall remain in full force and effect.


25. ENTIRE AGREEMENT

This EULA, together with the Privacy Policy and Terms & Conditions, constitutes the entire agreement between the parties regarding the Application.


26. CONTACT INFORMATION

Company: ..............

Address: ..............

Support Email: ..............

Data Protection Officer: ..............

Telephone: ..............

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BiiTrust Financial Services processes personal data under the Kenya Data Protection Act, 2019, and shares credit information only with licensed credit reference bureaus. Loans are subject to approval. Rates shown are flat for the full term unless stated; late charges apply as set out in your loan agreement.

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