Terms & Conditions

1. Acceptance of Terms

By accessing, registering for, or using the Kappit platform ("the Service"), you confirm that you have read, understood, and agree to be bound by these Terms & Conditions ("Terms"), together with our Privacy Policy, Acceptable Use Policy, and Cookie Policy (collectively, the "Legal Documents").

If you are accepting these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to both you personally and that entity.

If you do not agree to any part of these Terms, you must not use the Service.

2. Eligibility

The Kappit platform is designed for use by businesses, sole traders, and their authorised employees operating in Kenya and the East African region. To register as a Company Owner, you must be at least 18 years of age and have the legal capacity to enter into binding agreements under Kenyan law.

Use of Kappit by persons under the age of 18 is not permitted. Kappit reserves the right to verify eligibility and to suspend or terminate accounts where eligibility requirements are not met.

By using the Service, you represent that you meet all applicable eligibility requirements.

3. Account Registration

To access Kappit, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information and for all activities that occur under your account.

You must keep your password confidential and must not share it with any other person. You are solely responsible for maintaining the security of your login credentials. You agree to notify Kappit immediately at security@kappit.co.ke if you discover or suspect any unauthorised access to your account.

Kappit will not be liable for any loss or damage arising from your failure to protect your account credentials or from any unauthorised use of your account that occurs before you notify us.

You may not register using false identities, impersonate another person or entity, or create an account on behalf of someone else without their explicit consent.

4. Company Ownership

The person or entity who creates a business workspace on Kappit is the "Company Owner." The Company Owner holds full administrative authority over their workspace and bears responsibility for all activity that occurs within it.

Company Owners may:

• Invite and remove employees from their workspace
• Configure role-based access permissions for each user
• Manage subscription plans and billing
• Access, view, and export all business data within their workspace
• Create and manage multiple business branches
• Configure security and compliance settings

Ownership of a business workspace may be transferred to another registered user with Kappit's assistance upon written request to support@kappit.co.ke.

5. Employee Accounts

Employees access a company's workspace through an invitation issued by the Company Owner or an authorised Manager. Employee accounts operate within the boundaries of the permissions assigned to them and are tied to a specific business workspace.

Employees must accept these Terms, the Privacy Policy, and the Acceptable Use Policy upon their first login. By accepting, employees acknowledge that their use of the platform is subject to the policies of both Kappit and their employer.

Upon leaving an organisation, it is the Company Owner's responsibility to promptly revoke the departing employee's access. Kappit is not responsible for any data access by former employees where access was not revoked by the Company Owner.

Employee personal data entered into the platform (such as payroll records and identification details) is processed under the lawful authority of the employing company, subject to the Kenya Data Protection Act, 2019.

6. Responsibilities of Company Owners

By using Kappit as a Company Owner, you agree to:

• Ensure your business is lawfully registered and operating in accordance with applicable Kenyan law, including the Companies Act, 2015, and any relevant sector-specific regulations
• Obtain all necessary consents from employees and other data subjects before uploading or processing their personal data through the platform
• Configure appropriate role-based access controls to limit each employee's access to only the data necessary for their role
• Maintain an accurate and up-to-date list of authorised users and promptly remove access for employees who leave your organisation
• Not share administrative credentials with any other person
• Ensure that all users within your workspace comply with these Terms and the Acceptable Use Policy
• Notify Kappit immediately at security@kappit.co.ke if you discover a security breach or suspect any unauthorised access
• Ensure that all financial records created within the platform are accurate and comply with the requirements of the Kenya Revenue Authority (KRA), the Employment Act, 2007, the National Social Security Fund Act, and any other applicable legislation

7. Responsibilities of Employees

As an employee user of Kappit, you agree to:

• Use the Service only for authorised business purposes within the scope of your assigned role and permissions
• Not access, view, or download data that exceeds the scope of your assigned permissions
• Not share your login credentials with any other person, including colleagues
• Not attempt to access another employee's account or another company's workspace
• Report any suspicious activity, security concerns, or potential data breaches to your Company Owner and to Kappit at security@kappit.co.ke
• Comply with all internal policies of your employer that govern the use of business software
• Not use the platform in any way that could harm your employer, other employees, customers, or suppliers

8. Multi-Company Security

Kappit is a multi-tenant platform. Each company's data is logically isolated from all other companies using the platform. This isolation is enforced through database-level tenant scoping, session controls, and continuous access monitoring.

Attempting to access, view, copy, modify, or exfiltrate data belonging to another company — whether through technical means, social engineering, or any other method — is expressly prohibited. Such conduct constitutes:

• A material breach of these Terms, resulting in immediate account termination
• A criminal offence under the Computer Misuse and Cybercrimes Act, 2018 (Kenya)
• Grounds for civil legal action by the affected company and by Kappit
• Grounds for reporting to the Kenya Police Service Cybercrime Unit and other relevant authorities

Kappit maintains comprehensive audit logs of all data access events and will cooperate fully with any lawful investigation arising from unauthorised cross-tenant access attempts.

9. Subscription Plans

Kappit offers tiered subscription plans with different feature sets, user limits, storage allocations, and pricing. The features, limits, and pricing applicable to each plan are described on the Kappit website and within the platform's subscription settings.

Plan upgrades take effect immediately upon payment. Plan downgrades take effect at the beginning of the next billing cycle.

Kappit reserves the right to modify subscription pricing, features, or limits at any time, subject to providing 30 days' advance written notice to existing subscribers. Your continued use of the Service after such notice constitutes acceptance of the revised terms.

Kappit may offer promotional or discounted pricing from time to time. Such pricing may be subject to additional terms and conditions, which will be presented at the time of the offer.

10. Payments

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. By subscribing, you authorise Kappit (or our designated payment processor) to charge your selected payment method at the beginning of each billing cycle.

All amounts are stated in Kenyan Shillings (KES) unless otherwise specified. Value Added Tax (VAT) and any other applicable taxes will be added to the stated price where required by Kenyan tax law.

Kappit integrates with secure, third-party payment processors to handle billing. Kappit does not store full payment card details on its servers. All payment data is handled in accordance with applicable payment security standards.

In the event of a failed payment, Kappit will notify you and provide a grace period of 7 days to resolve the payment issue before suspending access to the Service. Data will be retained during suspension.

Subscription fees are non-refundable except where required by applicable Kenyan consumer protection law or where Kappit has failed to deliver the material features of the subscribed plan.

11. Intellectual Property

The Kappit platform — including its design, interface, software, algorithms, brand, logos, trademarks, and all associated documentation — is the exclusive intellectual property of Kappit and is protected by Kenyan and international intellectual property law.

These Terms do not transfer any intellectual property rights to you. The only right granted to you is the limited licence described in Section 12 (Software Ownership) below.

You must not:

• Copy, reproduce, or republish any part of the Kappit platform
• Modify, adapt, or create derivative works based on the platform
• Use any Kappit trademark, logo, or brand element without prior written permission
• Remove or obscure any proprietary notices or labels on the platform

12. Software Ownership

The Kappit software is proprietary and is licensed to you, not sold. Kappit grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business operations, subject to these Terms.

This licence does not permit you to:

• Sub-license, resell, or otherwise transfer your right to use the Service to any third party
• Decompile, disassemble, reverse engineer, or attempt to derive the source code of the platform
• Use the platform to build a competing product or service
• Use automated tools or scripts to access the platform beyond what is explicitly permitted by Kappit's API terms

Kappit reserves the right to revoke this licence at any time in the event of a material breach of these Terms.

13. Your Data

You retain full ownership of all data, content, and information that you upload, input, or generate through your use of Kappit ("Your Data").

By using the Service, you grant Kappit a limited, non-exclusive, royalty-free, worldwide licence to store, process, display, and transmit Your Data solely for the purpose of providing the Service to you. This licence terminates when you close your account and request data deletion.

Kappit does not acquire any ownership rights to Your Data. Kappit does not sell, rent, or otherwise monetise Your Data to third parties. Kappit does not use Your Data for advertising purposes.

You are responsible for ensuring that Your Data does not infringe the rights of any third party, does not violate any applicable law, and is accurate to the best of your knowledge.

14. Business Records

Kappit stores financial records, employee records, inventory data, payroll information, and other business documents as directed by you. You are the data controller for these records under the Kenya Data Protection Act, 2019. Kappit acts as a data processor on your behalf.

You are solely responsible for ensuring that:

• All records created within Kappit are accurate, complete, and comply with applicable Kenyan law
• Financial records comply with the requirements of the Kenya Revenue Authority (KRA), including obligations under the Tax Procedures Act and the Income Tax Act
• Employee records comply with the Employment Act, 2007, the NSSF Act, and the NHIF Act
• Records are retained for the minimum periods required by law

Kappit is not a certified accounting software or a licensed tax advisor. You should seek independent professional advice to ensure compliance with all applicable financial reporting and tax obligations.

15. Availability of Service

Kappit aims to maintain a high level of service availability. While we use commercially reasonable efforts to ensure the platform is accessible at all times, we do not provide a guaranteed uptime commitment under these Terms.

Periods of reduced performance or unavailability may occur due to planned maintenance, infrastructure upgrades, unexpected technical failures, or factors beyond our reasonable control, including third-party infrastructure failures, cybersecurity incidents, or force majeure events.

16. Downtime

Planned maintenance windows will be communicated to subscribers via email or through the Kappit status page at least 24 hours in advance where reasonably practicable. We will endeavour to schedule planned maintenance during periods of low usage.

In the event of an unplanned outage, Kappit will communicate the status of the incident and the estimated time to resolution through available channels as quickly as practically possible.

Kappit shall not be liable for any losses, including loss of revenue, data loss, or business disruption, arising from planned or unplanned downtime, except where caused by Kappit's gross negligence or wilful misconduct.

17. Backups

Kappit performs automated, encrypted backups of all business data on a regular schedule. Backups are stored securely and are used for disaster recovery purposes.

While Kappit takes all reasonable measures to ensure data integrity and the availability of backup data, we do not guarantee the complete recovery of all data in the event of a catastrophic failure.

You are strongly advised to maintain your own independent backups of critical business records. Kappit provides data export functionality for this purpose. Reliance on Kappit's backups as your sole backup strategy is not recommended.

18. Security

Kappit implements industry-standard security measures to protect the platform and your data. These measures include, but are not limited to:

• End-to-end encryption of all data in transit using TLS 1.3
• Encryption of data at rest using AES-256
• Role-based access control limiting data access to authorised users
• Multi-tenant data isolation at the database level
• Comprehensive audit logging of all sensitive operations
• Regular automated security vulnerability assessments
• Login monitoring and anomaly detection

You are responsible for the security of your credentials and for ensuring that your employees use the platform responsibly. You must not attempt to probe, scan, test, or exploit any vulnerability in the Kappit platform without prior written authorisation from Kappit.

Any suspected security vulnerability should be reported responsibly to security@kappit.co.ke. We will acknowledge and investigate all reports in good faith.

19. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the use of the Service that is marked as confidential or that a reasonable person would understand to be confidential, including business data, pricing terms, and technical specifications.

Kappit will not disclose your business data to any third party except:

• As necessary to provide the Service (e.g., to subprocessors such as cloud infrastructure providers)
• As expressly authorised by you in writing
• As required by applicable Kenyan law, court order, or regulatory authority
• To protect the rights, property, or safety of Kappit, its users, or the public

Where Kappit is required to disclose your data by law, we will notify you as soon as legally permissible before making the disclosure, unless prohibited from doing so.

20. Account Suspension

Kappit reserves the right to suspend access to a business workspace or an individual user account, with or without prior notice, in the following circumstances:

• There is reasonable evidence of fraudulent activity, money laundering, or tax evasion using the platform
• The Service is being used for purposes that violate Kenyan law or any applicable law
• Payment of subscription fees is materially overdue beyond the 7-day grace period
• There is a serious or repeated breach of these Terms or the Acceptable Use Policy
• Kappit is required to suspend access by a court order, regulatory authority, or law enforcement agency
• There is a credible and imminent security risk to other users of the platform

Where legally and practically possible, Kappit will provide advance notice of suspension and an opportunity to remediate the issue. During a suspension, your data will be retained but access to the platform will be restricted.

21. Termination

Either party may terminate this agreement by providing 30 days' written notice to the other party. Kappit may be notified at support@kappit.co.ke.

Kappit may terminate this agreement immediately, without prior notice, in cases of:

• Material breach of these Terms that is not remedied within 7 days of written notice
• Fraudulent activity, illegal use, or a serious breach of the Acceptable Use Policy
• Insolvency, liquidation, or administration of your business

Upon termination, you may request a full export of Your Data within 30 days of the termination date. Kappit will provide the export in a commonly used file format. After this 30-day window, Kappit may permanently delete Your Data from its systems, subject to any legal retention obligations.

Kappit is not liable for any loss arising from the termination of your account in accordance with these Terms.

22. Limitation of Liability

To the maximum extent permitted by the laws of Kenya, Kappit's aggregate liability to you for any claims arising out of or related to these Terms — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total subscription fees paid by you to Kappit in the 12 calendar months immediately preceding the event giving rise to the claim.

Kappit shall not be liable, under any circumstances, for any:

• Loss of business, revenue, or profits
• Loss of data or corruption of data (beyond what is covered by our backup obligations)
• Loss of goodwill or reputation
• Indirect, consequential, incidental, special, exemplary, or punitive damages
• Losses arising from your failure to secure your account credentials
• Losses caused by third-party infrastructure failures beyond our control

Nothing in these Terms excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under the laws of Kenya.

23. Indemnity

You agree to indemnify, defend, and hold harmless Kappit and its officers, directors, shareholders, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of the Service in violation of these Terms
• Your violation of any applicable Kenyan or international law
• Your infringement of any third party's intellectual property, privacy, or other rights
• Any data you upload to or process through the platform that is inaccurate, unlawful, or that infringes third-party rights
• Any claims made by your employees or former employees arising from your use of the HR and payroll features

24. Governing Law

These Terms and any dispute or claim arising out of or in connection with them — including non-contractual disputes or claims — shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Kenya. Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days.

For data protection matters, complaints may also be referred to the Office of the Data Protection Commissioner (ODPC) at odpc.go.ke.

25. Contact Us

For any questions regarding these Terms, please contact us:

Kappit reserves the right to update these Terms at any time. Material changes will be communicated with at least 30 days' notice. Your continued use of the Service after the effective date of any change constitutes your acceptance of the revised Terms.