Terms of Service

These terms are an agreement between Siniam Enterprises Ltd ("Siniam", "we", "us"), of Western Heights, 8th Floor, Karuna Road, Westlands, Nairobi, Kenya, and the business that signs up for Siniam ("you"). They apply to the Siniam website, your workspace and everything we provide with it (together, the "Service").

By creating a workspace, ticking the box at sign-up or using the Service, you accept these terms on behalf of your business, and you confirm you're authorised to do so. If you don't accept them, please don't use the Service.

1. Words we use

• Workspace: your business's own space on Siniam, at its own web address, with its own database.
• Your Data: everything you or your users put into your workspace: products, stock, sales, purchases, customers, suppliers, staff records, accounts and files.
• Users: the people you allow to sign in to your workspace.
• Plan: the subscription you choose, as described on our pricing page or in a quote from us.

2. Your account

1. Give us accurate details at sign-up and keep them up to date. We confirm the owner's email address before a workspace is created.
2. You're responsible for your Users: who you invite, what they can see and do, and everything done under their sign-ins. Keep passwords private and remove access when someone leaves.
3. Tell us straight away at [email protected] if you think someone has got into your workspace without permission.
4. The Service is for businesses. It isn't intended for personal or household use, or for anyone under 18.

3. Trials, plans and payment

1. New workspaces may start with a free trial. The length is shown at sign-up. At the end of the trial, choose a Plan to carry on.
2. Prices are as shown on our pricing page when you subscribe, or as agreed with us in writing. Businesses in Kenya are billed in Kenyan shillings; everyone else in US dollars. Prices exclude tax unless we say otherwise.
3. Plans are billed in advance for each month or year, and renew automatically for the same period until you stop renewal or cancel. One-time plans are paid once and don't renew.
4. Each invoice is due within the period shown on it. You can pay through our payment provider, or by the other methods shown on the invoice.
5. Fees are not refundable for partial periods or unused features, except where the law requires it or we agree otherwise in writing.
6. We may change our prices. We'll tell you at least 30 days before a change affects you, and it applies from your next renewal. If you don't accept it, you can stop renewal before then.
7. Usage-based charges, if your Plan has them, are measured by us from your workspace's use of the Service (for example storage and activity) and shown on your invoice.

4. Late payment

If an invoice is still unpaid a short grace period after its due date, or your trial has ended without a Plan, your workspace is limited to the billing page until payment is made. Your Data isn't deleted while this happens; see section 12 for what happens if it continues.

5. Your Data

1. You own Your Data. We don't claim any rights in it beyond what we need to run the Service for you.
2. You give us permission to host, copy, process, back up and display Your Data only so far as needed to provide, secure and support the Service, to bill you, and as you instruct us through the Service.
3. We don't sell Your Data, and we don't use it to advertise to you or to your customers.
4. We may use statistics about how the Service is used across all workspaces (for example how often a feature is used), in a form that doesn't identify you or any person, to plan capacity and improve the Service.
5. Personal data in Your Data (about your customers, suppliers or staff) is yours to control. We handle it on your behalf and on your instructions, as described in our Privacy Policy. You're responsible for having the right to collect and use it, and for telling those people how you use it.
6. Our staff access your workspace only when needed to support you, keep the Service secure or meet a legal duty. Each support sign-in is recorded in your workspace's history.

6. Using the Service properly

You agree not to, and not to let anyone else:

1. use the Service for anything unlawful, fraudulent or harmful, including keeping false records or hiding transactions from the authorities;
2. upload malware, or try to break, probe, overload or get around the Service's security or limits;
3. access another business's workspace, or try to;
4. copy, resell or rent the Service, or use it to build a competing product;
5. send spam or unsolicited messages through the Service.

We may suspend access straight away if this is needed to protect the Service, other customers or the public, and we'll tell you why as soon as we can.

7. Accounting, tax and your records

1. Siniam is a tool for keeping your business's records. It isn't accounting, tax or legal advice. Check the figures that matter and take professional advice where you need it.
2. You're responsible for your accounts, tax returns, invoices and any filings you make, and for keeping your records for as long as the law requires.
3. The Service does not currently submit invoices or returns to tax authorities on your behalf (for example KRA eTIMS). Where the law requires that, you remain responsible for doing it.

8. The Service, changes and support

1. We work to keep the Service available, secure and backed up, but we don't promise it will be uninterrupted or error-free. We'll try to do planned maintenance at quiet times.
2. We improve the Service continually and may add, change or remove features. We won't take away a core part of a paid Plan during the period you've paid for without telling you first.
3. You can reach our team through the contact page or the contact details on our website.

9. Other services

Some features rely on services from other companies, such as payment providers, email and SMS delivery, connected online stores, or your own domain name. Their terms apply to your use of them, and we're not responsible for services we don't run. If you connect your own domain, you must have the right to use it, and you stay in control of it.

10. Our intellectual property

The Service, its software, design and content belong to us or our licensors. These terms give you the right to use the Service while your subscription is active; they don't transfer any ownership. If you send us ideas or feedback, we may use them freely.

11. Confidentiality

Each of us will keep the other's non-public information confidential and use it only for this agreement, except where it's already public, was independently obtained, or must be disclosed by law.

12. Ending your subscription

1. You can cancel at any time. Cancellation takes effect at the end of the period you've paid for.
2. You can take your data with you. Export your records from the reports in your workspace at any time, or ask us for a full copy of your workspace's data while your subscription is active, during the 90 days after it ends, or from its archive (see below).
3. We may end or suspend your subscription if you materially breach these terms and don't put it right within 14 days of our notice, or immediately for a serious breach of section 6.
4. After your subscription ends, your workspace stays limited to the billing page for 90 days so you can reactivate it or get a copy of your data. After that we may close it. Closing removes the live workspace but keeps an archive of its database and files for 12 months, from which we can restore it at your request. After those 12 months the archive is permanently deleted. We keep our own records of your subscription, invoices and payments for as long as the law requires.

13. Warranties

The Service is provided "as is" and "as available". To the extent the law allows, we exclude all warranties not set out in these terms, including warranties that the Service will meet your particular needs.

14. Limits on liability

1. Nothing in these terms limits liability that can't be limited by law, including for fraud.
2. Neither of us is liable to the other for loss of profit, revenue, goodwill or business opportunity, or for any indirect or consequential loss.
3. Otherwise, our total liability to you for all claims connected with the Service in any 12 months is limited to the fees you paid us for the Service in the 12 months before the event that gave rise to the claim.

15. Your responsibility to us

You'll cover our reasonable losses and costs from any claim by someone else that arises from Your Data or from your or your Users' unlawful use of the Service.

16. Changes to these terms

We may update these terms. For material changes we'll tell you by email or in your workspace at least 30 days before they apply. If you keep using the Service after that, the updated terms apply. If you don't accept them, you can cancel before they take effect.

17. Law and disputes

These terms are governed by the laws of Kenya. If a dispute arises, we'll each try in good faith to resolve it by talking first. If it isn't resolved within 30 days, either of us may take it to the courts of Kenya sitting in Nairobi.

18. General

1. Neither of us is responsible for delays or failures caused by events beyond reasonable control.
2. You may not transfer this agreement without our consent; we may transfer it to a business that takes over the Service, and we'll tell you if we do.
3. These terms, with our Privacy Policy and any order or quote you accept, are the whole agreement between us about the Service.
4. If any part of these terms is found unenforceable, the rest still applies. Not enforcing a right straight away doesn't waive it.
5. We send notices to the owner's email address on your workspace. You can send notices to us at [email protected].

19. Contact

Siniam Enterprises Ltd, Western Heights, 8th Floor, Karuna Road, Westlands, Nairobi, Kenya · [email protected]