PesaTrail

Terms of Use

PesaTrail is an android application, developed and offered to you by Nodem Technologies LTD, P.O Box 830 - 00521, Embakasi Village, Kenya. It enables its users to track and manage personal finance and analyze their income and expenses. Your use of the PesaTrail application and all the related services provided through it by Provider (collectively referred as "PesaTrail") is subject to the following terms , which upon your acceptance form a legally binding agreement between you and the Provider . For the avoidance of doubt, such agreement is concluded solely between you and the Provider and there are no other parties to it. PesaTrail is currently available in its basic version free of charge, however it contains in-app purchases as it also offers paid subscriptions with additional features ("Paid features").Acceptance

Acceptance

These Terms regulate the legal relationship between you and the Provider and also represent a framework contract on the basis of which Provider is providing an account information service to you. The Terms are always available to you through the distribution platforms or in the PesaTrail application and you have the right to request them to be sent to your e-mail in the form of a PDF file. You may not use PesaTrail unless you express your acceptance of the Terms during the sign-up process by choosing “Accept” in a confirmation dialog box. You are also expressing your acceptance and willingness to be bound by these Terms by using or otherwise accessing PesaTrail. You may not accept these Terms unless you are at least 15 years of age and you have sufficient legal capacity to enter into a contract. If you are less than 18 years of age, you must have your parent or legal guardian's permission to accept the Terms and use PesaTrail. By accepting these Terms you declare that you are not a politically exposed person as defined by Section 4 (5) of the Act No. 253/2008 Coll. on anti-money laundering, as amended. If you fail to comply or cease to comply with this condition, or if you have any doubt as to whether you fulfil this condition, you must contact the Provider by email: info@pesatrail.com.

Term and Termination

The Agreement will remain in full force and effect while you use PesaTrail and until terminated by either you or the Provider. Termination always includes deletion of your user account. You may terminate the Agreement at any time and for any reason by sending a notice to the Provider (by e-mail) and deleting the PesaTrail application. Refund of your purchases is in such case not possible. Provider may terminate the Agreement upon notice at any time and for any reason. The notice period is 2 months unless immediate termination is agreed between you and Provider. In exceptional circumstances under relevant EU or Kenyan law, such as money laundering or terrorist financing, any action which targets the freezing of funds, or any specific measure linked to the prevention and investigation of crimes, Provider may terminate the Agreement without notice at any time. In case of termination due to your breach of the Terms you are not entitled to any refunds. Amendments When there are changes in laws or regulations, conditions in the financial services markets, technology or organisational processes, or when changes are needed due to compliance with the statutory obligation of prudential business rules or in order to improve quality of services provided through PesaTrail application, Provider may amend the Terms at its sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement, registering a user account or Paid features and prices. You will be notified about the planned changes in advance through PesaTrail application and via e-mail (with the updated Terms attached in the form of a PDF file). The updated Terms will be published 2 months prior to the effective date. By continued use of PesaTrail, you are expressing your acceptance of the changes. If you do not agree with the changes, you may terminate the Terms at any time and free of charge. Release of updated version of the PesaTrail application may precede the effective date of the updated Terms for the existing users. You may be required to accept the updated Terms in order to be able to use all features of the updated version of the PesaTrail application. Your use of PesaTrail You must use PesaTrail only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws and terms and conditions of third parties. You must not use PesaTrail to engage yourself in activities that mar, interfere, destroy, or access in an illegitimate fashion servers, network connectivity, or other aspects or services of any third-party. Registration and User Account In order to be able to use PesaTrail you have to sign up. You can sign up with your email or with your personal Facebook or Google account. You agree to provide to the Provider only accurate, truthful and current information and keep it up to date. You must keep your PesaTrail account login information confidential and secure and you may not share it with anyone. You are solely responsible and liable for any and all activities that occur under your account. The Provider reserves the right to refuse your registration or suspend your PesaTrail account at any time. Payment account synchronization User content

User content

You may enter and upload to PesaTrail or synchronize with it texts, numerical data, photos or other content. You retain copyright and all other rights to your content that qualifies for a legal protection. For such content you grant Provider a worldwide nonexclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms. You are solely responsible for any content you provide to PesaTrail and for any consequences thereof. You may not enter or upload to PesaTrail or synchronize with it unlawful content or content that infringes copyright or any other third-party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal and share it with other users of PesaTrail. Provider does not review the user content but reserves the right to remove or disable access to any user content for any reason. Provider has no responsibility for the accuracy of the content you provided to PesaTrail or synchronized with it or which was created by PesaTrail based on your input. You are solely responsible for backing up the content you enter or upload to PesaTrail or synchronize with it.

No professional advice

Based on your user content (particularly synchronized payment account data) PesaTrail may provide you with personalized services relating to financial health (such as measures and analyses of various financial indicators) or commercial offers (ads). You hereby acknowledge and agree that such advice or commercial offers do not constitute professional financial, tax, accounting, investment or any other professional advice and Provider makes no representations or warranties of any kind related thereto. In no event shall Provider be liable for any damages caused to you or a third person arising out of your use of such financial advice or commercial offers. License and ownership PesaTrail application and all rights therein, including intellectual property rights, shall remain Provider's property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below. Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use PesaTrail and its Paid features purchased pursuant to the Terms on any same-platform device that you own and control. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the PesaTrail application. Third-party services or libraries included in PesaTrail are licensed to you either under these Terms, or under the third party's license terms, if applicable. Based on your license, you may not access PesaTrail with other means than the official application, mine or extract any data from PesaTrail databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of PesaTrail application or any part thereof and circumvent any technology used to protect the Paid features. You also may not remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the PesaTrail application.

Hardware and System Requirements

Information about the current hardware and system requirements of PesaTrail, technical restrictions and other limitations are always available on the platform-specific page of the application. Maintenance and Support PesaTrail is subject to a continuous development and Provider reserves the right, at its sole discretion, to update the PesaTrail application, change the nature of PesaTrail or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update PesaTrail. Provider does not guarantee an uninterrupted provision of the services. PesaTrail or integrated third-party services may be temporarily unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Provider's control. If you have some questions, problems or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to nonpaying users of PesaTrail is limited due to the limited capacity of the Provider.

Premium Features and Prices

PesaTrail application is available free of charge. Free version allows you to use only the basic features of PesaTrail. You can unlock Paid features by buying a suitable subscription plan. Current detailed information about the subscription offer is always available in the PesaTrail application. Subscriptions are concluded for the term specified in your order. Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax). Provider does not guarantee that PesaTrail or any of its features will always be free and reserves the right, at its sole discretion, to change the pricing. Downloading or using PesaTrail may incur additional costs for the Internet connection according to the standard rates of your ISP. You shall bear all such costs relating thereto.

Payments and Refunds

You can purchase subscriptions simply by pressing the "UPGRADE" button in the purchase dialogue, which summarizes information about billing type, price and term. By pressing the "UPGRADE" button you enter into an additional agreement pursuant to the Terms. Due to the method of conclusion of the agreement, the text of the agreement is neither saved nor accessible. In a case you are a consumer with your normal place of abode or residence in the European Union, by pressing the "UPGRADE" button you also consent that the contractual performance will start immediately and you acknowledge that for this reason you do not dispose right of withdrawal. Payment is due and payable immediately upon completion of the purchasing process. Performance starts immediately after a successful transaction through electronic means by unlocking Paid features in PesaTrail application. Purchasing subscription requires Internet connection which may incur additional costs according to the standard rates of your ISP. If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term runs out. The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term and PesaTrail will be downgraded. Available payment methods include but are not limited to, credit and debit cards, gift cards or PayPal and may vary according to the distribution platform. Provider itself doesn't store any payment information or process payments. Distribution platforms, payment solution providers or their contractors are solely responsible for the payment processing. Refunds for the in-app purchases are generally not provided.

Trials

Provider may offer subscriptions with a specified trial period without payment. However, you are required to provide your payment details to start such a subscription. The regular subscription plan with your selected term will begin automatically after the expiry of the trial period, unless you cancel it before the period runs out. The first payment for the subscription will process on the first day following the end of the trial period. By starting the subscription with a trial period and providing your payment details you agree with possible future charges for the subscription.

Privacy

By using PesaTrail you acknowledge that Provider will process your personal data to the extent necessary for providing the services according to this Agreement. All information, including the extent and the manner of processing your personal data is included in the "Privacy Policy", which forms an integral part of the Terms. You can withdraw given consents regarding personal data processing at any time within the PesaTrail application.

Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, AND PROFITS, PROPERTY DAMAGE OR OTHER INTANGIBLE OR ECONOMIC LOSS, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE PesaTrail AND INTEGRATED THIRDPARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICIATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF PesaTrail OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE PROVIDER'S LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PesaTrail APPLICATION AND INTEGRATED THIRD-PARTY SERVICES IS AT YOUR SOLE RISK AND THEREFORE THE ENTIRE RISK, IN PARTICULAR AS TO SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY AND EFFORT, REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PesaTrail APPLICATION AND INTEGRATED THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU. IF THE LAW ON PAYMENT SERVICES IS APPLICABLE, THE PROVISIONS OF THIS SECTION "WARRANTIES AND LIMITATION OF LIABILITY" APPLY TO THE EXTENT IN WHICH THIS LAW IS NOT CONTRAVENED.

Indemnification

You agree to indemnify and hold Provider, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising out of your use of PesaTrail and integrated third-party services, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys' fees. Third-party Services PesaTrail or its parts may integrate or otherwise include third-party services or content such as Facebook Login, Foursquare API or Spectre API. You acknowledge that also other terms and conditions than these Terms may apply to your use of such third-party services (including privacy policies) and that Provider does not guarantee availability of such services and content. You must agree and comply with any applicable third-party terms when using PesaTrail. The mere fact that PesaTrail integrates or otherwise includes third-party services or content does not constitute an endorsement of PesaTrail by respective third parties.