Website and Mobile Application Terms of Use

These Terms of Use ("Terms") govern your access to and use of the SmartDrop website, mobile applications, customer portals, merchant portals, APIs and related digital platforms (collectively, the "Platform") operated by TRUKFLOW Ventures Limited ("SmartDrop", "TRUKFLOW", "we", "our" or "us").

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

If you do not agree to these Terms, you must discontinue use of the Platform.

You must be at least eighteen (18) years old and capable of entering into legally binding agreements to create an account or use restricted features of the Platform. By using the Platform, you represent and warrant that:

• You meet the eligibility requirements.
• Information provided is accurate and complete.
• You will comply with applicable laws.

Certain features of the Platform require account registration. You are responsible for:

• Maintaining the confidentiality of your credentials.
• Restricting access to your devices.
• Updating account information.
• Ensuring all activity conducted through your account is authorized.

You must notify SmartDrop immediately if you suspect unauthorized use of your account.

By creating an account or using the Platform, you consent to receive electronic communications including:

• Service notifications.
• Account alerts.
• OTPs and authentication messages.
• Transaction confirmations.
• Security notifications.
• Customer support communications.

Where required by law, marketing communications shall be sent only with your consent or another lawful basis.

You agree not to:

• Use the Platform for unlawful purposes.
• Upload malicious software or code.
• Attempt unauthorized access to systems or accounts.
• Circumvent security measures.
• Interfere with Platform operations.
• Scrape, harvest or extract data without authorization.
• Use automated systems to access the Platform except through approved APIs.
• Engage in fraudulent activity.

Where the Platform permits submission of information, comments, feedback or other content, you grant SmartDrop a non-exclusive, royalty-free licence to use such content for the operation, improvement and administration of the Platform.

You warrant that any content submitted is lawful, does not infringe intellectual property rights, and is not defamatory, offensive or misleading.

SmartDrop reserves the right to remove content that violates these Terms.

All intellectual property rights in the Platform remain the property of TRUKFLOW Ventures Limited or its licensors.

This includes software, source code, applications, databases, trademarks, logos, trade names, designs, content and documentation.

No ownership rights are transferred through use of the Platform.

Users are granted a limited, non-exclusive, revocable licence to access and use the Platform for its intended purpose.

Subject to these Terms, SmartDrop grants users a limited, personal, non-transferable and revocable licence to install and use the mobile application on compatible devices.

You may not copy or distribute the application, reverse engineer the application, modify the application, create derivative works, or remove proprietary notices.

SmartDrop may deploy updates, patches, upgrades or modifications to the Platform and mobile applications from time to time.

Certain updates may be required for continued use of the Platform.

The Platform may contain links to third-party websites, applications or services.

SmartDrop does not control and is not responsible for third-party content, products, services or privacy practices.

Accessing third-party services is at your own risk.

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

The Privacy Notice forms part of these Terms and should be read together with them.

SmartDrop aims to maintain reliable Platform availability but does not guarantee uninterrupted access.

Availability may be affected by maintenance activities, security incidents, network outages, technical failures and events beyond our reasonable control.

The Platform is provided on an "as available" and "as is" basis.

To the fullest extent permitted by law, SmartDrop disclaims all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent permitted by law, SmartDrop shall not be liable for indirect, incidental, special, punitive or consequential damages arising from use of the Platform.

Nothing in these Terms excludes liability arising from fraud, gross negligence, wilful misconduct, unlawful processing of personal data, or any liability that cannot lawfully be excluded under Kenyan law.

SmartDrop may suspend or terminate access to the Platform where reasonably necessary to:

• Protect security.
• Prevent fraud.
• Investigate violations.
• Comply with legal obligations.
• Protect users and infrastructure.

SmartDrop may modify, enhance, suspend or discontinue any aspect of the Platform at any time.

We may revise these Terms from time to time.

Material changes will be communicated through the Platform or other appropriate channels.

Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

These Terms shall be governed by the laws of the Republic of Kenya.

The parties shall first seek to resolve disputes through good-faith discussions.

Where resolution is not achieved, disputes may be referred to mediation before court proceedings are commenced, except where urgent relief is required.

The courts of Kenya shall have jurisdiction over disputes arising from these Terms.