Afriboosta Terms of Service (Kenya)
1. About these terms
1.1 These Terms of Service ("Terms") are an agreement between you and [Afriboosta legal company name], a company registered in Kenya under registration number [number], with its office at [address] ("Afriboosta", "we", "us"). They cover the Afriboosta mobile app, website and every related service (together, the "Platform").
1.2 By creating an account, tapping "Continue" or "I agree", or using the Platform, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Platform.
1.3 Who may use the Platform. You must be at least 18 years old and able to enter a binding contract under Kenyan law, and not have been removed from the Platform before for breaking these Terms. If you use the Platform for a business, you confirm you are authorised to bind that business, and "you" includes the business.
1.4 Two kinds of users. Customers use the Platform to find businesses, buy, collect rewards and message. Business owners (and staff they invite) use it to run a business. Sections marked "Business owners" apply only to them.
1.5 Some features have extra terms shown when you use them (for example lending, promotions or a miniapp). Those extra terms form part of these Terms. If they conflict, the extra terms win for that feature.
2. Your account
2.1 You sign up with a phone number you control, confirmed by a one-time code, or with another sign-in we offer. Give us true details and keep them up to date.
2.2 You are responsible for your phone, your SIM, your sign-in details and everything done through your account. Tell us at once at [support email] or through Help in the app if you think someone else has used it.
2.3 Business owners: your business profile. You must give the real name, location, contact details and type of your business, and any licence the law requires for it. We may ask for documents to verify the business (for example a KRA PIN, a business registration certificate or a permit) and may show a "verified" mark only once we have checked them.
2.4 Business owners: staff. You may give staff access to your business on the Platform. You choose what each person can see and do, and you are responsible for what they do with that access. Remove access when a person leaves.
2.5 Business owners: promotions you start. Once a promotion, loyalty card or game is running and customers have joined it, you may not change its rules, prizes or limits. Customers rely on what they were shown. Breaking this rule may lead to the promotion being stopped and your business account being suspended or closed (section 12).
3. What the Platform offers
3.1 Afriboosta gives businesses tools to sell, keep stock, track money, run promotions and loyalty, take bookings, deal with suppliers and lenders, and get help from an AI assistant called Buddy. Customers can find businesses, buy, message, and collect rewards.
3.2 Some tools are provided as mini apps, by us or by other companies. A mini app run by another company is governed by its own terms and privacy policy, which it will show you. Your use of it is between you and that company, and we are not responsible for it.
3.3 Payments move through licensed mobile money and payment providers. Their own agreements with you also apply.
3.4 Messages. You can message businesses and other users on the Platform. Messages are not end-to-end encrypted. We do not read them in the normal course, but we may look at a message when it is reported to us, to keep the Platform safe, or when the law requires it.
4. Plans, credits, wallet and fees
4.1 Plans (business owners). Every business starts on the Basic plan, which has no daily charge. Paid plans are charged daily from your credits, at the price shown in the app before you choose them. Each plan's tools and limits are shown in the app. You can move between plans at any time; a change applies from the next daily charge.
4.2 Credits. Some actions use credits, for example an AI answer, a picture or a search. The credits an action costs are shown before it runs. You buy credits by topping up, at the rate shown in the app at the time. If an action fails on our side, the credits it used are returned to your wallet.
4.3 What credits are not. Credits are a prepaid way to pay for Afriboosta services, and a paid plan's daily charge uses them up over time. Credits are not money. They earn no interest, are not refunded, cannot be exchanged for cash and cannot be transferred to another account. Afriboosta is not a bank and does not take deposits.
4.4 Top-ups. A top-up counts only once the payment provider confirms it to us, not when you start it. If no confirmation arrives, no credits are added. Check the amount before you confirm; once a top-up completes it cannot be reversed on request. If we make a processing error, we correct it with a balancing entry.
4.5 Referral rewards. If someone joins Afriboosta through your referral link or code and then pays for services, you earn 10% of the fees they pay, as credits in your wallet. The rate is flat and does not change with volume. We may withhold rewards gained through fake, duplicate or self-referred accounts.
4.6 No hidden fees. Any fee is shown before you confirm. Your mobile money provider or bank may charge its own fees.
4.7 Your wallet. Your Afriboosta wallet holds credits, offers and rewards only. It never holds money, and nothing in it can be withdrawn as cash.
4.8 Holds. We may hold or refuse a top-up or a reward if we reasonably suspect fraud or a breach of these Terms, or if the law or a regulator requires it.
4.9 Records and taxes. Payment and credit records are kept permanently in order and cannot be deleted on request, even after an account is closed, for the periods Kenyan law sets. Our prices include VAT. Business owners are responsible for their own taxes on what they sell.
5. Buddy and other AI features
5.1 Buddy and other AI features read your business's records on the Platform to answer questions, draft messages and orders, read photos, and suggest prices or actions. To do this, the relevant records and what you say or type are sent to AI service providers that work for us under contract (section 9).
5.2 You stay in control. Buddy acts for you (records a sale or expense, sends a message, changes a price, adds staff) only after you tap a confirm button on a card it shows you. It never acts on a spoken "yes" alone. You are responsible for checking a card before you tap it.
5.3 AI can be wrong. AI answers, drafts, photo readings and price suggestions may be incomplete or wrong. Check anything important before you rely on it.
5.4 Not professional advice. Buddy, the legal templates and the finance, marketing and management tools give general business help. They are not legal, tax, accounting or financial advice from a licensed professional. For decisions with legal or financial weight, ask a qualified professional.
5.5 Voice features turn your speech into text and may answer you aloud. Voice recordings are used only to give you the answer and are not kept afterwards.
6. Credit, loans and stock finance
6.1 Afriboosta is not a lender. Loans, stock finance and credit offered on the Platform come from the lender or supplier named on the offer. The loan agreement is between you and that lender. We provide the tools: the loan book, applications, repayment records and borrower checks.
6.2 Lenders. A business that lends through the Platform must hold every licence Kenyan law requires, including a Central Bank of Kenya digital credit provider licence where one applies. It is responsible for its own pricing, disclosures and collection practices, and must follow the law on fair debt collection.
6.3 Business reports, not credit scores. Afriboosta is not a credit reference bureau and does not give credit scores or ratings. A report shared with a lender is a summary of how a business operates, taken from its own records on the Platform, including its sales, expenses and payments. A lender sees a report on a business or borrower only with that person's recorded consent, and they can refuse. We do not list anyone with a credit reference bureau; a lender that does so must follow the Credit Reference Bureau Regulations.
6.4 Credit book (business owners). You can record goods given to customers on credit. Those records are yours; you must keep them accurate and use them lawfully. A customer may ask you to correct a wrong entry.
6.5 Lender-ready reports. If you share a business report with a lender, you choose what is shared and with whom. The lender decides whether to lend; we do not promise any loan.
7. Promotions, loyalty and games
7.1 Businesses can run offers, coupons, loyalty and stamp cards, reward cards and promotional games on the Platform. The business running a promotion is responsible for it: its rules, its prizes, and handing over what customers win.
7.2 No purchase needed to play. A promotional game (for example a scratch card or Tumu) can never require a purchase, a payment or a stake to enter, and can never be tied to a transaction. Entry is free, at the door or through a shared link. None of the games on the Platform involve any element of chance.
7.3 Fixed rules. A promotion's rules, prizes and limits are shown before a customer joins and cannot be changed while it is running (section 2.5). Prizes cannot be exchanged for cash unless the promotion says so.
7.4 Fair play. We may cancel a reward, card or entry gained by fraud, by bulk or fake accounts, or against a promotion's rules.
7.5 Business owners: the law. You must make sure every promotion you run complies with Kenya's consumer protection and gaming laws, and get any permit they require. We may stop a promotion that we reasonably believe breaks the law.
8. Buying and selling between users
8.1 We are not the seller. A sale, booking, rental, supplier order or service made through the Platform is between the buyer and the business. We do not own, inspect or guarantee what is listed.
8.2 Business owners: your listings. You are responsible for your products, prices, stock levels, descriptions, delivery and after-sale service. You must follow Kenya's consumer protection, tax, weights and measures, and licensing laws. Prices you show must be the prices you charge.
8.3 Supplier search results. Supplier and price search results, including demo results, are a guide. Contact the supplier to confirm the price, stock and terms before you order.
8.4 Disputes. If something goes wrong, contact the other party first. Where we offer a way to report or settle a problem, we run it fairly under the rules shown in the app. Doing so does not make us the seller or a guarantor of the sale.
8.5 Reviews and ratings must be honest and based on real dealings. We may remove a review that is fake, paid for or abusive.
9. Your content and your data
9.1 What is yours stays yours. You own what you put on the Platform: business records, product listings, photos, messages, posts and reviews. You are responsible for it and must have the right to share it.
9.2 The licence you give us. You let us store, copy, format, show and send your content only to run, improve and promote the Platform. For content you make public (your business page, listings, posts, reviews) this licence is worldwide and free of charge. It ends when you delete the content or your account, except for copies already shared with others and records the law requires us to keep.
9.3 Privacy. We handle personal data under the Data Protection Act, 2019 and our Privacy Policy, which explains what we collect, why, how long we keep it, and your rights to see, correct and delete it. We are registered with the Office of the Data Protection Commissioner as [data controller / data processor; registration number].
9.4 Business owners: your customers' data. When you record customers, their purchases, credit or bookings, you decide why that data is collected, and you are its data controller under the Data Protection Act. We process it for you. You must have a lawful reason for each record, tell customers what you collect, and get their consent where the law requires it (for example before sending them marketing messages).
9.5 Where your data is kept. Our main servers and some of our service providers (hosting, AI, messaging) are outside Kenya. We transfer data abroad only with the safeguards the Data Protection Act requires. Where Kenyan law requires a kind of data to be processed or kept in Kenya, we keep it in Kenya.
9.6 Data on your phone. The app keeps a copy of some of your data on your phone, so it keeps working when the network is weak or down. Anyone who can open your phone may see it, so use a screen lock. The copy is deleted when you sign out, when someone else signs in on the same phone, and in any case after 7 days.
9.7 Aggregate insights. We may combine data from many businesses into figures that identify no business or person (for example average prices in an area). We never present those figures as any single business's own results.
10. Rules for using the Platform
You must not use the Platform to:
- break any law, or help with fraud, money laundering, terrorism financing or getting around sanctions;
- sell, rent or advertise anything illegal in Kenya, or anything we list as not allowed, such as weapons, drugs, counterfeit or stolen goods, or unlicensed medicines;
- pretend to be another person or business, or set up a fake business, or make accounts in bulk;
- harass, threaten, mislead or defame anyone, or share someone's personal details without their consent;
- share sexual content involving children, intimate images without consent, or content that stirs up violence or hatred;
- send spam or messages people did not agree to receive, or run scams or pyramid schemes;
- post fake reviews, fake sales or misleading prices;
- misuse Buddy or other AI features, for example to produce unlawful content or to get around plan limits;
- copy or scrape the Platform, reverse-engineer it, test its security without our written permission, overload it, or upload harmful code.
We may remove content or limit features that break these rules, and act under section 12.
11. Our intellectual property
11.1 The Platform, including its software, design, the Afriboosta and Buddy names and logos, and all content other than users' content, belongs to Afriboosta or the companies that license it to us.
11.2 We give you a personal, non-exclusive, non-transferable licence to use the Platform under these Terms. We can withdraw it if you break them. You may not use our names or logos without our written permission.
11.3 What the Platform makes for you. Pictures, website pages and other material the Platform makes for your business belong to your business once made. The legal templates themselves remain ours; the documents you make from them are yours to use for your business.
11.4 If you send us ideas or feedback, we may use them without paying you or owing you anything.
12. Suspension and closing an account
12.1 You can leave at any time. You can close your account in the app or by contacting us. Business owners can download their business records (sales, stock, customers, expenses) in a common format at any time while the account is open. After an account closes, we keep business and payment records for 5 years, as Kenyan tax law requires, and then delete them or remove anything that identifies you.
12.2 When we may act. We may limit, suspend or close an account if you break these Terms or the law, if it puts other users or the Platform at risk of fraud or harm, or if the law or a regulator requires it. We will tell you first and give you a chance to respond where we reasonably can. For serious breaches, or where the law requires it, we may act at once.
12.3 What closing does not undo. Closing an account does not cancel amounts already owed by either side, a lender's rights under a loan agreement, or the records the law requires us to keep (section 4.9).
12.4 Unused credits. Credits left in an account when it closes are not refunded and cannot be exchanged for cash.
13. Our responsibility to you
13.1 Availability. We work to keep the Platform running and your records safe, but we cannot promise it will always be available or free of errors. Mobile networks, payment providers and power supply are outside our control.
13.2 Apart from what these Terms say, the Platform is provided as it is, without other promises, as far as the law allows.
13.3 Limit on our liability. We are not liable for indirect or knock-on losses, or for lost profit, business, goodwill or data. Our total liability to you for all claims about the Platform is limited to the greater of (a) what you paid us in the 12 months before the claim, or (b) KSh 20,000.
13.4 What this does not limit. Nothing in these Terms limits liability for fraud, for death or injury caused by negligence, or for anything else the law does not allow to be limited. Nothing in these Terms takes away your rights as a consumer under the Consumer Protection Act, 2012.
14. Your responsibility to us
You agree to cover our losses and reasonable costs, including legal costs, from any claim made against us because you broke these Terms or the law, because of your content, or because of your dealings with other users (including, for business owners, your customers, suppliers and staff). This does not apply where the claim comes from our own breach or negligence.
15. Changes to the Platform and these Terms
15.1 We may add, change or remove features. If a change takes away something important you pay for, we will tell you in good time, unless the change is needed at once for security, legal or urgent reasons.
15.2 We may update these Terms. We will tell you about important changes in the app or by SMS or email at least 30 days before they take effect (sooner only where the law or security requires it), and change the date at the top. If you keep using the Platform after that date, the new Terms apply. If you do not accept them, you can close your account (section 12).
16. Law, disputes and contact
16.1 These Terms are governed by the laws of Kenya.
16.2 Talk to us first. If you have a complaint, contact us at [support email] or through Help in the app. We will confirm we have it within 2 working days and give you a full answer within 14 days. If we cannot settle it within 30 days, either side may ask for mediation by a mediator both sides agree on, before going to court.
16.3 The courts of Kenya decide any dispute, including the Small Claims Court where the claim is within its limits. Nothing here stops you from complaining to the Office of the Data Protection Commissioner or the Competition Authority of Kenya.
16.4 If a court finds part of these Terms invalid, the rest still applies. If we do not enforce a right at once, we can still enforce it later. You may not transfer your rights under these Terms without our consent; we may transfer ours to a company that takes over the Platform, and will tell you if we do.
16.5 Contact us. [Afriboosta legal company name], [postal address], Nairobi, Kenya. Terms: [legal email]. Help with your account: [support email] or Help in the app. Privacy: [privacy email] and our Privacy Policy.