Terms of Service

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1. Who we are and what these Terms cover

ifinsta is a business management platform operated by Eleso Solutions ("ifinsta", "we", "us"). These Terms of Service govern your access to and use of the ifinsta web platform, its mobile and desktop applications, its APIs, and any related services (together, the "Service").

These Terms apply to every user of the Service. Where you use the Service on behalf of a business, you confirm that you are authorised to bind that business, and "you" means both you and that business. A business that has signed a Master Service Agreement with us is additionally governed by that agreement, which prevails over these Terms to the extent of any conflict.

2. Definitions

"Merchant Account" means the business account opened on the Service, identified by a merchant number.
"Merchant Data" means all data you or your users put into the Service, including your products, sales, customers, staff and financial records.
"Customer Data" means personal data about your own customers that you process using the Service.
"Authorised Signatory" means a director or other person you have named as answerable for the Merchant Account.
"Payment Rail" means a payment method, provider or channel you connect to the Service using your own credentials.
"Integration" means any third-party application, plugin or connector you enable on your Merchant Account.

3. Eligibility and registration

You must be at least 18 years old and legally capable of entering into a binding contract. You must give accurate and complete registration information, including the business name, the statutory identifiers we ask for, and the details of every Authorised Signatory, and you must keep that information current.

We may verify your identity and your business, including through licensed identity verification providers and public registries. We may suspend or refuse an account where verification fails, where information given to us is inaccurate, or where we are required to do so by law.

4. Your account and your people

You are responsible for every action taken under your Merchant Account, including by your staff and by anyone you grant access to.
You must keep credentials confidential, use the access controls the Service provides, and remove access promptly when a person leaves your business.
You must tell us without undue delay if you believe an account or credential has been compromised.
You must keep at least one Authorised Signatory named on the Merchant Account at all times, and keep that list current in your business settings.
We may require additional authentication for sensitive actions, and may record an audit trail of actions taken on your account.

5. Acceptable use

You must not use the Service to:

break any applicable law, or evade any tax, licensing, consumer-protection or anti-money-laundering obligation;
sell goods or services you are not lawfully permitted to sell;
misrepresent your identity, your business, or your relationship to any person;
upload malicious code, or attempt to gain unauthorised access to any part of the Service or to another merchant's data;
probe, scan, load-test or reverse engineer the Service except to the extent that restriction is prohibited by law;
scrape or bulk-extract data other than your own Merchant Data through the interfaces we provide;
resell, sublicense or white-label the Service without our written agreement;
use the Service to send unlawful or unsolicited communications to any person.

You are responsible for the lawfulness of the goods and services you sell, the accuracy of the prices, taxes and receipts you issue, and your dealings with your own customers. We are not a party to any transaction between you and your customer.

6. Payments: we do not hold your money

ifinsta is non-custodial. We do not receive, hold, pool or transmit money belonging to you or to your customers, and we do not act as a bank, payment institution, money remitter or escrow agent. Funds move directly between your customer and the account you have configured on your own Payment Rail.

You connect Payment Rails using your own credentials, held encrypted on your Merchant Account and used only to act on your instructions.
Where a rail supports initiation, we initiate a payment with an authoritative payload — destination, exact amount and reference — and the rail enforces it. Where a rail does not, we can only record and reconcile what you tell us.
Your relationship with a payment provider is governed by that provider's own terms. Their fees, limits, settlement times, reversals and disputes are between you and them.
Records the Service shows you are a reflection of what the rail reported. Where our record and the rail's record disagree, the rail's record governs.
Refunds, chargebacks and disputes with your customers are yours to resolve. We may give you the records you need, but we cannot reverse a payment we never held.

7. Fees, subscriptions and taxes

Subscription fees are billed in advance for the billing cycle you select, and any usage-based charges are billed in arrears.
You authorise us to charge the payment method you register for all fees due, and you must keep it valid.
Fees are exclusive of taxes unless stated otherwise. Where withholding is required by law, you must gross up so that we receive the amount we would have received without it.
We may change our fees on at least thirty (30) days' notice, effective at your next renewal. If you do not accept a change, you may cancel before it takes effect.
Except where the law requires otherwise or our refund policy says otherwise, fees already paid are non-refundable, and cancelling part-way through a cycle does not create a pro-rata refund.
If an amount falls overdue we may suspend the Service after giving you notice and a reasonable chance to pay.

The Service can help you record and report tax information, and can connect to fiscal or revenue-authority systems where you enable that. You remain solely responsible for your tax position, your filings and their accuracy. ifinsta does not file on your behalf and does not give tax or accounting advice.

8. Your data and your customers' data

As between you and us, Merchant Data is yours. You grant us a limited licence to host, process, transmit, back up and display it strictly to provide, secure and support the Service, and to meet our legal obligations.

Where the Service processes personal data about your own customers or staff, you are the data controller and we act as your processor. The Data Processing Agreement sets out that relationship and forms part of these Terms. Our own processing of your account and administrative data as a controller is described in the Privacy Policy.

You are responsible for having a lawful basis to collect and use the personal data you put into the Service, for giving your own customers the notices they are owed, and for honouring their rights. You must not upload special-category or sensitive personal data to fields not designed for it.

9. Integrations and the marketplace

You may enable third-party Integrations. Each Integration receives only the scopes and data fields you grant it, and you can withdraw a grant at any time.
A third-party Integration is provided by its publisher, not by us. Its own terms and privacy notice govern it, and we do not warrant it.
Enabling an Integration is an instruction from you to share the granted data with that publisher. You are responsible for satisfying yourself that the sharing is lawful.
We may suspend or remove an Integration that is unsafe, that breaches our developer policies, or that mishandles data.

10. AI-assisted features

Parts of the Service use AI models, some run by third-party providers, to summarise, draft, classify or answer questions about your business data.
AI output can be wrong, incomplete or out of date. It is a suggestion, never advice, and never a substitute for your own judgement. Do not rely on it for legal, tax, accounting, medical or safety decisions.
You remain responsible for anything you do or publish on the strength of AI output.
We apply guardrails intended to keep secrets and internal details out of AI inputs and outputs, but no such control is perfect. Do not enter credentials or material you cannot risk disclosing.
Where an AI feature is delivered through a third-party provider, the data sent to it is limited to what the feature needs, and the current list of providers is published in our sub-processor list.

11. Availability, support and changes

We work to keep the Service available, but we do not promise uninterrupted or error-free operation unless a separate service level agreement says so.
We may carry out maintenance, and will try to give notice of planned work that will interrupt the Service.
We may add, change or withdraw features. Where we withdraw a material feature we will give reasonable notice and, where practical, a way to export the data it held.
Offline-capable applications hold data on your device and synchronise when a connection returns. You are responsible for the security of devices you install them on.

12. Intellectual property

The Service, its software, design, documentation and brand are owned by Eleso Solutions or its licensors, and nothing in these Terms transfers that ownership to you. We grant you a non-exclusive, non-transferable, revocable right to use the Service for your own business during your subscription. You may not copy, modify, distribute or create derivative works from the Service except as the law allows.

If you send us feedback or suggestions, we may use them without obligation or payment. This does not give us any right in your Merchant Data.

13. Suspension and termination

You may stop using the Service and close your Merchant Account at any time from your account settings.
We may suspend access immediately where we reasonably believe there is a security risk, unlawful activity, a breach of section 5, or a legal requirement to do so, and we will tell you why unless the law prevents us.
We may terminate for a material breach that is not remedied within thirty (30) days of written notice, or for non-payment under section 7.
Either party may terminate a subscription at the end of its then-current cycle by giving notice before renewal.

14. What happens to your data when you leave

You can export your Merchant Data through the Service at any time while your account is active, and we recommend you do so before you close it.
Records you delete go to a recoverable state before permanent deletion, so an accidental deletion can be undone within the retention window described in the Privacy Policy.
After termination we delete or anonymise Merchant Data in line with the retention periods in the Privacy Policy and the Data Processing Agreement, except where we must keep it to meet a legal, tax, audit or dispute obligation.
Backups are overwritten on their own cycle, so a record may persist in backup for a period after deletion from the live system.

15. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care. Except for that warranty and any rights you have under law that cannot be excluded, the Service is provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Service will meet every requirement, that it will be uninterrupted or error-free, that AI output will be accurate, or that a third-party Payment Rail, registry or Integration will be available or correct.

16. Limitation of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited.

Subject to that, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill, business or anticipated savings, however caused.

Subject to that, our total aggregate liability arising out of or in connection with the Service in any twelve (12) month period is limited to the fees you paid us for the Service in that period. Where a Master Service Agreement states a different cap, that cap applies instead.

Because we never hold your money, we are not liable for the acts, omissions, outages, fees, delays or insolvency of any payment provider, bank or mobile money operator you connect to the Service.

17. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your breach of section 5, from the goods or services you sell, from your tax or regulatory obligations, or from your processing of personal data in breach of applicable data protection law. Where a Master Service Agreement is in force, the indemnity provisions of that agreement apply in place of this section.

18. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya. The parties will first try in good faith to resolve any dispute by discussion between senior representatives. Failing that, the courts of Kenya have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court.

19. Changes to these Terms

We may update these Terms. Each version carries a version number and an effective date, and the version you accepted is recorded against your account. We will give reasonable notice of a material change, and continuing to use the Service after the effective date means you accept the new version. If you do not accept it, you may close your account before that date.

20. General

If any provision is held unenforceable, the rest remains in force.
A delay in enforcing a right is not a waiver of it.
You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger or sale of the business.
There is no partnership, agency, employment or joint venture between us.
A person who is not a party has no right to enforce these Terms.
Sections 8, 12, 14, 15, 16, 17 and 18 survive termination.

21. Contact

Questions about these Terms: legal@ifinsta.com. General enquiries: info@ifinsta.com or +254 765 111 110. ifinsta is a product of Eleso Solutions.