Terms of Service

1. The agreement

These Terms are an agreement between Finixyz (“we”, “us”) and the business that signs up for Finixyz (“you”, “your company”). The person who signs up confirms they have authority to accept these Terms for their company.

Our Privacy Policy explains how we handle personal data and forms part of these Terms.

2. Accounts and users

• The person who signs up becomes the first admin of your workspace. Admins can invite users, set their roles and remove them.
• Each user needs their own sign-in. Sign-ins must not be shared.
• You're responsible for what happens under your users' sign-ins, so keep passwords and phones safe and tell us straight away if you think an account has been misused.
• Users must be at least 18 years old.

3. Free trial

Every plan starts with a free 30-day trial, and no card is needed. We'll remind you by SMS 3 days before it ends. If you don't choose a paid plan by then, your workspace pauses and your data is kept for 30 days in case you come back.

4. Plans, prices and payment

• Plans are priced per active user per month, as shown on our Pricing page. Prices exclude VAT and other taxes, which we add where required.
• You can pay monthly or yearly. Yearly billing is discounted.
• You can pay by M-Pesa, card or bank transfer. Invoices are due when issued.
• If you add users during a billing period, we charge for them from the day they're added. Deactivated users stop counting from the next period.
• If a payment is more than 14 days late, we may pause your workspace after warning you. Your data stays safe and everything comes back as soon as you pay.
• We may change prices with at least 30 days' notice. A change won't affect a period you've already paid for.

5. Your data

• You own the data you and your users put into Finixyz (“customer data”). You give us permission to store and process it only to provide, secure and support the service for you.
• We process customer data as your data processor, following your instructions and applicable data protection law, including Kenya's Data Protection Act, 2019. Customer data is hosted outside Kenya, as our Privacy Policy explains.
• You're responsible for having a lawful basis to collect and use your customers' data in Finixyz, including any consent you need.
• You can export your data at any time. After you cancel, you have 30 days to export it before we delete it, except where the law says we must keep something longer.

6. Acceptable use

When using Finixyz, you and your users must not:

• break any law, including data protection, consumer protection, tax and anti-spam law;
• send messages by WhatsApp, SMS or email to people who haven't agreed to hear from you, or ignore requests to stop;
• upload anything unlawful, harmful, fraudulent or that infringes someone else's rights;
• try to get into another company's workspace, or test, probe or attack our systems without our written permission;
• copy, resell or reverse-engineer Finixyz, or use it to build a competing product;
• overload the service, for example with automated requests beyond normal use.

If something breaks these rules, we may remove it or pause the accounts involved. Unless it's urgent, we'll contact you first.

7. Third-party services

Finixyz connects to services run by others, such as WhatsApp, M-Pesa and tax authority e-invoicing systems. Your use of those services is also governed by their own terms. We're not responsible for their availability or for what they do with data you choose to send them, but we'll do our best to keep the connections working.

8. Availability and changes

• We work hard to keep Finixyz available around the clock and fix problems quickly. Sometimes we need planned maintenance. We'll schedule it outside East African business hours where we can, and give notice in the app.
• We keep improving Finixyz, so features may change. If we remove a feature you rely on in a way that materially reduces the service, tell us and we'll work with you, including a pro-rated refund for the time you've prepaid if you decide to leave.

9. Our intellectual property

Finixyz, including its software, design and brand, belongs to us. These Terms give you the right to use it for your business while your subscription is active. They don't transfer any ownership. If you send us feedback, we may use it to improve Finixyz without owing you anything.

10. Cancelling and ending the agreement

• You can cancel at any time from Settings or by contacting us. Cancellation takes effect at the end of the period you've paid for. We don't refund partial periods, except where these Terms or the law say otherwise.
• We may end the agreement if you seriously break these Terms and don't fix it within 14 days of our notice, or straight away if the law requires us to.
• When the agreement ends, your users can no longer sign in. You keep 30 days to export your data.

11. Warranties and liability

We provide Finixyz with reasonable skill and care. Apart from that, and to the extent the law allows, the service is provided “as is”, without other promises.

To the extent the law allows:

• neither side is liable for indirect losses, such as lost profits, lost business or lost goodwill;
• each side's total liability under these Terms is limited to the fees you paid us in the 12 months before the claim.

These limits don't apply to your payment obligations, or to liability that the law doesn't allow to be limited, such as for fraud.

12. Law and disputes

These Terms are governed by the laws of Kenya. If we disagree about something, we'll first try in good faith to sort it out together. If we can't within 30 days, either side may take the dispute to the courts of Nairobi, Kenya.

13. Changes to these Terms

We may update these Terms as Finixyz and the law change. We'll tell admins about important changes at least 30 days before they take effect. If you don't agree, you can cancel before then. If you keep using Finixyz after that, the new Terms apply.

14. Contact us

Questions about these Terms? Get in touch.