SmartDrop Terms and Conditions (SLA)

These Terms and Conditions ("Terms") govern access to and use of the SmartDrop parcel locker network, websites, mobile applications, APIs, software, locker infrastructure, and related services (collectively, the "Services") operated by TRUKFLOW Ventures Limited ("TRUKFLOW", "SmartDrop", "we", "our", or "us").

By accessing or using the Services, you agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not use the Services.

• "Account" means a user account created to access the Services.
• "Locker" means any SmartDrop automated parcel locker.
• "Merchant" means a business using SmartDrop to facilitate deliveries or collections.
• "Courier" means a logistics provider, delivery agent or transportation service utilizing the Services.
• "Parcel" means any item deposited, transported, stored or collected through the Services.
• "Recipient" means the intended recipient of a Parcel.
• "Sender" means the individual or entity depositing or dispatching a Parcel.
• "User" means any person accessing or using the Services.

You must be at least eighteen (18) years old and capable of entering into legally binding agreements to:

• Create an account.
• Deposit or collect parcels.
• Register as a merchant.
• Register as a courier.
• Access commercial features of the Services.

You warrant that all information provided is accurate, complete and current.

SmartDrop provides technology-enabled parcel storage, delivery, collection and logistics management services through a network of automated parcel lockers and digital platforms.

Services may include parcel storage and collection, merchant fulfilment services, courier integration services, mobile applications, online portals, APIs, notifications and messaging services, and related logistics technology solutions.

SmartDrop reserves the right to modify, enhance, suspend or discontinue any Service at its discretion.

Users may be required to create an Account. You are responsible for:

• Maintaining the confidentiality of login credentials.
• Protecting devices used to access the Services.
• Restricting unauthorized access.
• Ensuring account information remains accurate.

You must promptly notify SmartDrop of any suspected unauthorized access or security incident.

SmartDrop may suspend or terminate accounts that violate these Terms, contain inaccurate information, are used fraudulently or pose security risks.

Users depositing parcels must ensure that:

• The parcel fits the selected locker size.
• Packaging is secure and suitable for transportation.
• The parcel is correctly labelled where required.
• The parcel complies with applicable law.
• The parcel does not contain prohibited items.

SmartDrop may reject parcels that fail to meet operational or legal requirements.

Recipients may receive OTPs, QR codes, PINs, access links or other authentication credentials.

Recipients are responsible for maintaining the confidentiality of such credentials.

Collection of a parcel using valid credentials shall constitute proof of delivery unless demonstrated otherwise.

Unless otherwise communicated:

• Parcels must be collected within seventy-two (72) hours of deposit or delivery.
• Recipients have 6 free hours from parcel deposit. After that period, hourly storage fees apply at KES 10, 15 or 20 for small, medium or large lockers. The 72-hour collection deadline does not extend the free storage period.
• Any storage balance must be paid before the locker opens for collection.
• Uncollected parcels may be returned to the sender or merchant.

Parcels remaining uncollected for thirty (30) days or longer may be deemed abandoned.

Before disposing of or otherwise dealing with abandoned parcels, SmartDrop shall make reasonable efforts to notify the sender, merchant, courier and recipient using available contact information.

Where lawful and commercially reasonable, SmartDrop may return the parcel, transfer the parcel to an authorized collection centre, dispose of the parcel, or recover storage, handling and disposal costs.

Users shall not store, transport, deliver or otherwise process through the Services:

• Illegal goods.
• Controlled substances.
• Weapons and ammunition.
• Explosives.
• Hazardous materials.
• Radioactive substances.
• Counterfeit products.
• Live animals.
• Human remains.
• Currency and negotiable instruments.
• Items prohibited by law.

SmartDrop may refuse, remove, isolate or report prohibited items where reasonably necessary to comply with legal obligations or protect safety.

SmartDrop does not routinely inspect parcel contents. However, SmartDrop reserves the right to inspect parcels where reasonably necessary to:

• Comply with legal obligations.
• Investigate suspected breaches of these Terms.
• Respond to law enforcement requests.
• Address security concerns.
• Protect public safety.

The merchant pays KES 50 per booking. Applicable fees are disclosed before confirmation of a transaction.

• M-Pesa payments are processed through Co-op Bank.
• Unpaid reservations expire after the payment window shown during booking and the door is released.
• A late payment can restore a booking if the door remains available; otherwise it is flagged for refund handling.

Users are responsible for all applicable taxes unless otherwise stated.

Refunds may be granted where:

• Payment was processed in error.
• Services were unavailable due to SmartDrop system failure.
• Applicable law requires a refund.

Refund requests should be submitted within seven (7) days of the relevant transaction. This is the request window, not a refund processing promise. Contact support with your booking or payment reference; the team will confirm the next steps and expected timing.

The Services may integrate with third-party providers including payment processors, logistics providers, telecommunications providers, mapping services, cloud service providers and e-commerce platforms.

SmartDrop is not responsible for interruptions or failures caused solely by third-party systems beyond its reasonable control.

Users shall not:

• Damage lockers or equipment.
• Circumvent security controls.
• Access systems without authorization.
• Introduce malware.
• Reverse engineer software.
• Interfere with Service operations.
• Engage in unlawful conduct.

All intellectual property rights relating to the Services remain the exclusive property of TRUKFLOW Ventures Limited or its licensors.

No ownership rights are transferred through use of the Services.

SmartDrop processes personal data in accordance with applicable data protection laws and its Privacy Notice.

The Privacy Notice forms part of these Terms and is incorporated by reference.

While SmartDrop aims to maintain reliable Services, uninterrupted availability cannot be guaranteed.

Services may be interrupted due to maintenance, technical failures, security incidents, telecommunications outages or force majeure events.

To the fullest extent permitted by law:

• SmartDrop provides the Services on an "as available" basis.
• SmartDrop shall not be liable for indirect, incidental, special, consequential or punitive damages.
• SmartDrop shall not be liable for losses arising from user error, disclosure of OTPs or access credentials, incorrect delivery information supplied by users, third-party service failures, or events beyond SmartDrop's reasonable control.
• SmartDrop's aggregate liability arising from any claim shall not exceed the greater of the fees paid in relation to the affected transaction or Kenya Shillings Fifty Thousand (KES 50,000).

Nothing in these Terms excludes or limits liability arising from:

• Fraud.
• Wilful misconduct.
• Gross negligence.
• Death or personal injury caused by negligence.
• Unlawful processing of personal data.
• Any liability that cannot lawfully be excluded under Kenyan law.

You agree to indemnify and hold harmless SmartDrop, its officers, employees, agents and contractors against claims arising from:

• Your breach of these Terms.
• Illegal parcel contents.
• Misuse of the Services.
• Violation of applicable law.

SmartDrop may suspend or terminate access where reasonably necessary to:

• Protect security.
• Investigate misconduct.
• Prevent fraud.
• Comply with legal obligations.
• Protect users and property.

SmartDrop shall not be liable for delays or failures caused by events beyond its reasonable control, including:

• Natural disasters.
• Strikes.
• Civil unrest.
• Government action.
• Cyberattacks.
• Telecommunications failures.
• Utility outages.

The parties shall first attempt to resolve disputes amicably through good-faith negotiations.

If a dispute remains unresolved within thirty (30) days, either party may refer the matter to mediation administered by a mutually agreed mediator in Nairobi, Kenya.

Nothing in this clause prevents a party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Subject to Clause 24, the courts of Kenya shall have jurisdiction over disputes arising from or connected with these Terms.

SmartDrop may amend these Terms from time to time.

Material changes shall be communicated through appropriate channels.

Continued use of the Services after publication of revised Terms constitutes acceptance of the updated Terms.