Busivra Terms of Service

You must be at least 18 years old and legally capable of entering into a binding agreement to use Busivra.

You agree to provide accurate, current, and complete information when creating and maintaining your account.

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• Keeping your account information accurate and up to date;
• All activity conducted through your account; and
• Notifying Busivra promptly if you believe your account has been accessed without authorization.

You must not create an account using false information or impersonate another person or business.

Busivra provides software tools that may include, depending on the service or subscription selected:

• Online storefronts;
• Product and service catalog management;
• Product information management;
• Customer enquiries and ordering;
• Shopping carts and checkout functionality;
• WhatsApp or other communication integrations;
• Payment integrations;
• Order management;
• Customer information and conversation management;
• AI-assisted business and product-management features; and
• Other business capabilities introduced by Busivra from time to time.

The specific capabilities available to you may depend on your subscription, account configuration, or the services made available by Busivra.

Busivra may add, modify, suspend, or discontinue features or services from time to time. Where reasonably practicable, we will provide notice of material changes that significantly affect your use of the service.

Busivra Presence is a paid subscription service.

The applicable setup fees, subscription fees, billing frequency, and included capabilities will be displayed to you before or during subscription.

Unless otherwise stated, subscription fees are charged monthly.

Your subscription period begins on the date your subscription becomes active and continues according to the applicable billing period.

You are solely responsible for your business and everything you publish or sell through Busivra.

You are responsible for:

• The accuracy of product and service information;
• Prices, discounts, availability, and stock information;
• Product descriptions and specifications;
• Images, trademarks, logos, and other content you upload;
• The legality and safety of your products and services;
• Fulfilling customer orders;
• Customer communication;
• Delivery and fulfilment arrangements;
• Returns, refunds, warranties, and after-sales service;
• Compliance with applicable tax requirements;
• Compliance with consumer-protection requirements; and
• Obtaining all licences, permits, approvals, or authorisations required for your business or products.

You must not use Busivra to sell or promote products or services that are illegal or prohibited under applicable law.

Busivra provides technology that may facilitate interactions between merchants and their customers.

Unless expressly stated otherwise, Busivra is not the seller, supplier, manufacturer, distributor, delivery provider, or agent for products or services offered by merchants.

A transaction between a merchant and a customer is between those parties.

Busivra is not responsible for:

• The quality, safety, legality, authenticity, or availability of merchant products;
• A merchant's failure to fulfil an order;
• Incorrect product information supplied by a merchant;
• Delivery delays or failures;
• Returns or refunds;
• Customer disputes with merchants; or
• Losses arising from the merchant-customer transaction itself.

Busivra may integrate with third-party payment providers, including providers such as M-Pesa, Paystack, banks, or other payment services.

The availability of a payment method may depend on the merchant's account, provider requirements, technical availability, and applicable agreements.

Merchant subscription payments to Busivra and customer payments to merchants are separate transactions.

Where a customer pays a merchant through an integrated payment provider, the payment may be processed by the relevant third-party provider according to that provider's terms, policies, and procedures.

Busivra does not guarantee that any third-party payment service will always be available.

Busivra is not responsible for delays, failed transactions, reversals, chargebacks, outages, settlement delays, provider errors, or other issues caused by a third-party payment provider.

Busivra may integrate with external services, including messaging platforms, payment providers, hosting providers, delivery services, analytics services, and other third-party systems.

Your use of such services may be subject to the third party's own terms and policies.

Changes to, restrictions imposed by, or discontinuation of a third-party service may affect corresponding Busivra functionality.

Busivra is not responsible for changes, failures, restrictions, or interruptions originating from third-party services.

Busivra may provide AI-assisted capabilities, including assistance with product descriptions, tags, categories, specifications, marketing content, customer communication, or other business tasks.

AI-generated information is provided as an assistance tool and may contain errors, omissions, or inaccuracies.

Where Busivra provides AI-generated product or business information for merchant review, the merchant is responsible for reviewing and approving that information before publishing or using it.

You remain responsible for the accuracy, legality, and suitability of information ultimately published through your account.

Busivra does not guarantee that AI-generated content is complete, accurate, original, or suitable for a particular purpose.

You retain ownership of the business information, product listings, images, descriptions, trademarks, and other content that you upload to Busivra ("Merchant Content"), subject to any rights belonging to third parties.

By using Busivra, you grant Busivra a non-exclusive, worldwide, limited licence to host, store, reproduce, display, transmit, and process Merchant Content solely as reasonably necessary to provide, maintain, improve, and secure the Busivra service.

You represent that you have the necessary rights and permissions to upload and use the Merchant Content.

You must not upload content that infringes another person's intellectual-property, privacy, or other legal rights.

The Busivra software, platform, interface, branding, logos, designs, documentation, and underlying technology are owned by or licensed to Busivra and are protected by applicable intellectual-property laws.

Your subscription gives you a limited right to use the Busivra service during your active subscription.

It does not transfer ownership of Busivra's software, technology, branding, or intellectual property to you.

You must not copy, modify, reverse engineer, reproduce, resell, distribute, or attempt to extract the underlying source code or technology of Busivra except where expressly permitted by law or by Busivra in writing.

You agree not to use Busivra to:

• Sell or promote illegal goods or services;
• Engage in fraud, scams, money laundering, or deceptive practices;
• Misrepresent products, prices, businesses, or identities;
• Infringe intellectual-property or other legal rights;
• Send unlawful or unsolicited bulk communications;
• Distribute malware or harmful software;
• Attempt to gain unauthorised access to Busivra or another user's account;
• Interfere with or disrupt the operation or security of Busivra;
• Circumvent subscription, access, or security controls;
• Use Busivra for unlawful surveillance or abuse of customer information; or
• Use the service in any manner that violates applicable Kenyan law or other laws applicable to your activities.

Busivra may investigate suspected violations and may suspend or terminate accounts where reasonably necessary.

Busivra may process personal information belonging to merchants, customers, employees, suppliers, or other individuals in connection with the service.

You are responsible for ensuring that your collection and use of customer information through your Busivra account complies with applicable data-protection and privacy laws.

Where applicable, Busivra may process personal data on behalf of a merchant in providing the service.

Additional information about how Busivra collects, uses, stores, and protects personal information is provided in the Busivra Privacy Policy.

Busivra takes reasonable technical and organisational measures designed to protect the service and information processed through it.

However, no internet-based system can be guaranteed to be completely secure.

You are responsible for maintaining appropriate account security, including protecting your passwords, access credentials, and devices.

You must notify Busivra if you suspect unauthorised access to your account.

Busivra aims to provide reliable and continuous access to its services but does not guarantee uninterrupted or error-free operation.

The service may occasionally be unavailable because of:

• Maintenance;
• Software updates;
• Infrastructure failures;
• Internet or telecommunications failures;
• Cybersecurity incidents;
• Third-party service interruptions;
• Government or regulatory requirements; or
• Circumstances beyond our reasonable control.

Where reasonably practicable, Busivra will attempt to minimise disruptions.

You may stop using Busivra or cancel your subscription according to the cancellation options available through your account.

Busivra may suspend or terminate an account where:

• Payment obligations remain unresolved;
• These Terms are violated;
• The account is involved in fraud or unlawful activity;
• The account creates a security or operational risk;
• Required by law or a competent authority; or
• Continued access would reasonably expose Busivra, its users, or third parties to significant harm.

Where reasonably practicable, Busivra may provide notice and an opportunity to resolve the issue before termination, except where immediate action is reasonably necessary.

Upon termination or deactivation, your public storefront may be taken offline.

After termination, Busivra may retain account and business information for a reasonable period where necessary for legal, regulatory, security, accounting, dispute-resolution, backup, or legitimate business purposes.

Subject to applicable law and legitimate retention requirements, information may subsequently be deleted or anonymised.

You are responsible for obtaining any data you require before terminating your account where Busivra provides an export or download mechanism.

To the maximum extent permitted by applicable law, Busivra is provided on an "as is" and "as available" basis.

Busivra does not guarantee that:

• The service will always be available;
• The service will be completely error-free;
• Every feature will operate without interruption;
• Third-party integrations will remain available;
• AI-generated content will always be accurate;
• The service will meet every particular business requirement; or
• Use of the service will result in a particular level of sales, revenue, customers, or business growth.

To the maximum extent permitted by applicable law, Busivra will not be liable for indirect, incidental, special, consequential, or punitive losses, including loss of profits, revenue, business opportunities, goodwill, or data arising from or relating to your use of the service.

To the maximum extent permitted by applicable law, Busivra's total aggregate liability for claims arising out of or relating to the service will not exceed the total amount you paid to Busivra for the service during the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Busivra, its owners, employees, contractors, and service providers from claims, losses, liabilities, damages, costs, and expenses arising from:

• Your products or services;
• Your transactions with customers;
• Your Merchant Content;
• Your violation of these Terms;
• Your violation of applicable law; or
• Your infringement of another person's rights.

Busivra may update these Terms from time to time.

If we make material changes, we may notify you through email, your Busivra dashboard, or another reasonable method.

The updated Terms will become effective on the date stated in the updated Terms.

Continued use of Busivra after the effective date of updated Terms constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

These Terms are governed by the laws of the Republic of Kenya.

The parties will attempt in good faith to resolve disputes arising from these Terms through reasonable communication before commencing formal proceedings where appropriate.

Where a dispute cannot be resolved amicably, it shall be subject to the jurisdiction of the competent courts of Kenya.

Nothing in this section prevents either party from seeking urgent or legally available relief where necessary.

Use of Busivra does not create a partnership, joint venture, employment relationship, franchise, agency, or other representative relationship between Busivra and a merchant.

Merchants operate their own independent businesses and are responsible for their own commercial activities.

Busivra will not be responsible for failure or delay in performing obligations caused by circumstances beyond its reasonable control, including natural disasters, major infrastructure failures, internet disruptions, government actions, war, civil unrest, widespread cyber incidents, labour disruptions, or failures of essential third-party services.

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the maximum extent permitted by law.

These Terms, together with the applicable Busivra Privacy Policy and any additional terms expressly presented to you for particular services, constitute the agreement between you and Busivra regarding your use of the service.