Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern use of the Savanna HerdIQ platform (the "Platform"), operated for organisations in Kenya's livestock and agriculture sector to manage contacts, send SMS and WhatsApp messages, share files, and view reporting on their own activity. By creating an account, signing in, or otherwise using the Platform, you agree to be bound by these Terms and by our Privacy Policy. If you are signing in on behalf of an organisation, you confirm you are authorised to accept these Terms on that organisation's behalf. If you do not agree, do not use the Platform.

2. Definitions

• "Client Organisation" means the vet practice, agrovet, bank, insurer, government agency, or other organisation registered on the Platform.
• "User" means an individual with a login to the Platform on behalf of a Client Organisation, including staff accounts (Root, Admin, Communicator) and reporting-only Client accounts.
• "Contact" means an individual — such as a farmer, veterinarian, or field officer — whose details a Client Organisation stores on the Platform in order to communicate with them.
• "Campaign" means an SMS or WhatsApp message, or set of messages, sent by a Client Organisation to one or more Contacts through the Platform.

3. Description of Service

The Platform provides:

• Contact and contact-group management for a Client Organisation's own Contacts.
• Bulk SMS and WhatsApp campaign sending, and file sharing via SMS/WhatsApp links.
• A file library for storing and streaming shared documents and audio.
• Delivery, billing, and campaign reporting, including a reporting-only view for Client-role Users.
• Role-based access so a Client Organisation can control what each of its Users can see and do.

SMS and WhatsApp delivery depends on third-party mobile network operators and messaging providers outside our control. We do not guarantee that every message will be delivered, or delivered within a particular time.

4. Account Registration and Security

You must provide accurate registration information and keep it up to date. You are responsible for all activity under your login credentials and must notify us promptly of any unauthorised use of your account. Client Organisations are responsible for the Users they create and the roles/permissions they grant them.

5. Client Organisation Responsibilities

As explained in our Privacy Policy, a Client Organisation is the data controller for the Contacts it uploads or enters into the Platform. By using the Platform, a Client Organisation represents and warrants that it:

• Has a lawful basis under the Data Protection Act, 2019 — ordinarily the Contact's consent — to hold that Contact's data and to message them through the Platform.
• Will honour a Contact's request to stop receiving messages or to have their data corrected or deleted, and will inform us if it needs our assistance to do so.
• Is responsible for the accuracy of Contact data it enters, and for the content of the Campaigns it sends.
• Will comply with the Kenya Information and Communications Act and applicable Communications Authority of Kenya rules on bulk and marketing messaging.

6. Acceptable Use

You agree not to use the Platform to:

• Send messages to a Contact without a lawful basis to do so, or after that Contact has withdrawn consent.
• Send unlawful, fraudulent, defamatory, or harassing content.
• Attempt to access another Client Organisation's data, or another User's account, without authorisation.
• Interfere with or disrupt the Platform's operation or security.
• Upload or share files that infringe another person's intellectual property or contain malicious code.

We may suspend or terminate access for any Client Organisation or User that breaches this section.

7. Data Protection

Our respective data protection obligations — including our role as processor for Contact data and controller for User account data — are set out in our Privacy Policy, which forms part of these Terms.

8. Fees and Billing

Use of the Platform is billed based on messaging volume (for example, per SMS segment or WhatsApp conversation) as shown in a Client Organisation's billing report and any separate commercial agreement. Fees are payable as invoiced and, unless otherwise agreed in writing, are non-refundable once messages have been dispatched.

9. Intellectual Property

The Platform, including its software, design, and branding, is owned by Savanna HerdIQ or its licensors. Client Organisations retain ownership of their own Contact data, message content, and files uploaded to the Platform, and grant us only the licence needed to process that content in order to provide the Platform.

10. Service Availability

We aim to keep the Platform available and will give reasonable notice of planned maintenance where practical, but we do not guarantee uninterrupted or error-free operation.

11. Limitation of Liability

To the maximum extent permitted by Kenyan law, Savanna HerdIQ is not liable for indirect or consequential loss, including lost revenue or data, arising from use of the Platform, or from delayed or failed message delivery caused by third-party network or messaging providers. Our total liability for any claim arising from these Terms is limited to the fees paid by the relevant Client Organisation for the Platform in the 12 months preceding the claim. Nothing in these Terms limits liability that cannot lawfully be limited, including liability arising from our own breach of the Data Protection Act, 2019.

12. Termination

Either party may terminate access to the Platform in accordance with any separate commercial agreement in place, or, in the absence of one, on reasonable written notice. We may suspend or terminate access immediately for a material breach of Section 6 (Acceptable Use). On termination, a Client Organisation may request export of its Contact data within a reasonable period before it is deleted in accordance with our data retention practices.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by an updated "Last Updated" date, and we will ask you to reconfirm your agreement the next time you sign in.

14. Governing Law and Disputes

These Terms are governed by the laws of Kenya. Any dispute arising from these Terms or use of the Platform is subject to the exclusive jurisdiction of the courts of Kenya.