1. Acceptance of Terms

Welcome to Tuunda. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Tuunda ("Company", "we", "us", or "our") governing your access to and use of the Tuunda loyalty platform, including our website, mobile application, and related services (collectively, the "Platform" or "Service").

By accessing, browsing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use our Platform.

These Terms apply to all users of the Platform, including merchants, customers, and visitors.

2. Description of Service

Tuunda is a technology platform that connects merchants and customers through loyalty programs. Our Platform provides:

2.1 For Merchants

• Tools to create, manage, and customize loyalty programs
• Points-based reward systems with configurable rules
• Customer analytics and engagement insights
• Campaign management and marketing tools
• M-Pesa payment integration for transaction processing
• Real-time reporting and business intelligence

2.2 For Customers

• Ability to enroll in multiple merchant loyalty programs
• Points earning on purchases at participating merchants
• Reward redemption across enrolled programs
• Transaction history and points tracking
• Access to exclusive offers and promotions
• Tier progression and achievement tracking

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts and Registration

3.1 Eligibility

To use our Platform, you must:

• Be at least 18 years of age or have parental consent
• Have the legal capacity to enter into binding agreements
• Reside in or operate a business in Kenya (or other supported jurisdictions)
• Provide accurate, current, and complete information during registration

3.2 Account Creation

When creating an account, you agree to:

• Provide accurate, truthful, and complete information
• Maintain and promptly update your account information
• Use only one account per person or business
• Not create accounts for others without authorization
• Not use false identities or impersonate others

3.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using a strong, unique password
• Logging out of your account when using shared devices

We are not liable for any loss or damage arising from unauthorized use of your account. You may be held liable for losses incurred by us or others due to unauthorized use of your account.

3.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms, fraudulent activity, or any other reason we deem necessary to protect the Platform and its users.

4. Merchant Terms and Obligations

4.1 Merchant Responsibilities

As a merchant using our Platform, you agree to:

• Provide accurate business information and maintain it up to date
• Set up and manage your loyalty programs in good faith
• Honor all rewards, redemptions, and promotions you offer
• Comply with all applicable laws, regulations, and industry standards
• Process transactions accurately and in a timely manner
• Maintain adequate inventory or capacity to fulfill rewards
• Resolve customer disputes fairly and promptly

4.2 Subscription and Fees

• Subscription fees apply as per your selected plan
• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We reserve the right to change pricing with 30 days' notice
• Failure to pay may result in service suspension or termination

4.3 M-Pesa Integration

• You must have a valid M-Pesa Business Till Number or Paybill Number
• You are responsible for maintaining your M-Pesa account in good standing
• We facilitate payment processing but are not responsible for M-Pesa service issues
• Transaction fees may apply as per M-Pesa's terms

4.4 Prohibited Merchant Activities

Merchants may not:

• Create fraudulent or misleading loyalty programs
• Fail to honor promised rewards or redemptions
• Use the Platform for illegal activities
• Manipulate points or transaction data
• Spam or harass customers

5. Customer Terms and Rights

5.1 Points and Rewards

• Points are earned according to each merchant's loyalty program rules
• Points balances are tracked per merchant program
• Points may expire based on merchant program settings
• Points have no cash value and cannot be transferred between programs
• Rewards are subject to availability, merchant terms, and program rules

5.2 Reward Redemption

• You must comply with merchant terms when redeeming rewards
• Rewards are subject to merchant availability and inventory
• Merchants reserve the right to limit or modify rewards
• Reward codes are valid for the period specified by the merchant
• Refunds for redeemed rewards are at the merchant's discretion

5.3 Transactions

• Transactions must be legitimate purchases from enrolled merchants
• Points are awarded automatically after successful transactions
• Disputes regarding points or transactions should be reported promptly
• We reserve the right to adjust points for fraudulent or invalid transactions

5.4 Program Enrollment

• You may enroll in multiple merchant loyalty programs
• Enrollment is subject to merchant approval and program availability
• You may opt-out of programs at any time
• Opting out may result in forfeiture of unredeemed points

6. Payment Processing and Transactions

6.1 Payment Methods

Payments are processed through:

• M-Pesa: Safaricom M-Pesa (Till Number, Paybill, STK Push)
• Other authorized payment providers as may be added from time to time

6.2 Payment Terms

• By using our payment services, you agree to the terms of the payment processors
• We facilitate payment processing but are not a payment processor
• Payment processing fees may apply as per payment provider terms
• All transactions are subject to payment provider approval

6.3 Transaction Disputes

• We are not responsible for payment processor errors, delays, or failures
• Transaction disputes should be directed to the payment provider
• We will assist in resolving disputes to the best of our ability
• Refunds are subject to merchant and payment provider policies

6.4 Subscription Payments (Merchants)

• Merchant subscription fees are charged automatically on the billing cycle
• Failed payments may result in service suspension
• You are responsible for maintaining valid payment methods
• Cancellation must be done before the next billing cycle to avoid charges

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

7.1 Illegal Activities

• Use the Platform for any illegal purpose or in violation of any laws
• Engage in fraud, money laundering, or other financial crimes
• Violate any applicable regulations or industry standards

7.2 Security Violations

• Attempt to gain unauthorized access to the Platform, accounts, or systems
• Interfere with, disrupt, or damage the Platform's operation or security
• Introduce viruses, malware, or other harmful code
• Reverse engineer, decompile, or attempt to extract source code
• Bypass security measures or authentication systems

7.3 Fraud and Abuse

• Create fake accounts, impersonate others, or provide false information
• Manipulate points, transactions, or reward systems
• Engage in fraudulent transactions or chargebacks
• Use stolen payment methods or credentials
• Participate in reward abuse or gaming of the system

7.4 Automated Access

• Use bots, scripts, or automated systems to access the Platform without permission
• Scrape, crawl, or harvest data from the Platform
• Overload or stress test our systems

7.5 Content and Communication

• Post, transmit, or share harmful, offensive, or inappropriate content
• Spam, harass, or abuse other users
• Violate intellectual property rights
• Collect or store personal information of other users without consent

Violation of these prohibitions may result in immediate account termination, legal action, and reporting to relevant authorities.

8. Intellectual Property Rights

8.1 Platform Ownership

The Platform and all its content, features, and functionality are owned by Tuunda and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes:

• Software, code, and technical components
• Design, graphics, logos, and visual elements
• Text, content, and documentation
• Trademarks, service marks, and brand names

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Platform for its intended purpose
• Use features and services as provided

This license does not include the right to reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit any part of the Platform.

8.3 User Content

You retain ownership of content you submit to the Platform. By submitting content, you grant us a worldwide, royalty-free, perpetual license to:

• Use, reproduce, and display your content on the Platform
• Modify and adapt your content as necessary for Platform operation
• Share your content with relevant merchants (for loyalty program purposes)

8.4 Trademarks

"Tuunda" and related logos are trademarks of Tuunda. You may not use our trademarks without our prior written permission.

9. Disclaimers and Limitation of Liability

9.1 Service Availability

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

• The Platform will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Platform is free of viruses or other harmful components
• Results obtained from using the Platform will be accurate or reliable

9.2 Limitation of Liability

To the maximum extent permitted by applicable law, Tuunda and its officers, directors, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenues, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the Platform
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from third-party conduct or content
• Merchant actions, including failure to honor rewards or fulfill obligations

Our total liability to you for all claims arising from or related to the Platform shall not exceed the amount you paid to us in the 12 months preceding the claim, or KES 10,000, whichever is greater.

9.3 Third-Party Services

We are not responsible for the actions, content, or services of third parties, including merchants, payment processors, and other service providers. Your interactions with third parties are solely between you and the third party.

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through account settings
• Contacting us at support@tuunda.co.ke
• For merchants: Canceling your subscription (subject to billing cycle terms)

Upon termination, your access to the Platform will cease, and you may forfeit unredeemed points or rewards, subject to merchant program terms.

10.2 Termination by Us

We may suspend or terminate your account immediately, with or without notice, if:

• You violate these Terms or our policies
• You engage in fraudulent, illegal, or harmful activities
• You fail to pay required fees (for merchants)
• We are required to do so by law or court order
• We determine it is necessary to protect the Platform or other users

10.3 Effect of Termination

• Your right to use the Platform will immediately cease
• We may delete or deactivate your account and related data
• Outstanding obligations (e.g., unpaid fees) will survive termination
• Sections of these Terms that by their nature should survive will survive

11. Modifications to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be communicated by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending email notifications for significant changes
• Displaying notices on the Platform

Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account.

We encourage you to review these Terms periodically to stay informed of any updates.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of Kenya.

12.2 Dispute Resolution Process

Before initiating formal legal proceedings, you agree to:

1. Contact us at support@tuunda.co.ke to attempt to resolve the dispute informally
2. Allow us 30 days to respond and attempt resolution
3. If informal resolution fails, disputes may be resolved through mediation or arbitration as mutually agreed

12.3 Class Action Waiver

You agree that any disputes will be resolved individually and not as part of a class action or consolidated proceeding.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tuunda regarding the Platform and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

13.5 Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or technology failures.

14. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

We will respond to your inquiry within a reasonable timeframe.