Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the KiTiTa mobile application, website, and related services (collectively, the "Service"), operated by Kitita ("KiTiTa", "we", "us", or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. About KiTiTa

KiTiTa is a non-custodial group financial management platform designed to help chamas, merry-go-rounds, SACCOs, and other community groups track contributions, manage loan records, document decisions, and maintain transparent records. KiTiTa is a record-keeping and coordination tool only.

2. Definitions

• "Group" means a chama, SACCO, or other community group created on the Service.
• "Member" means a registered user who belongs to one or more Groups.
• "Content" means any data, records, files, or information you submit to the Service, including contribution records, loan records, and uploaded evidence.
• "Roles" means the permission levels assigned within a Group (e.g. Chair, Treasurer, Secretary, Member).

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that the information you provide is accurate and complete.

4. Non-Custodial Nature — We Never Hold Your Money

KiTiTa does not hold, transfer, process, or have access to your group's funds. We are not a bank, deposit-taking institution, payment processor, money remitter, or financial services provider. All money continues to move and be held through the channels your Group already uses (such as bank accounts, mobile money, or cash). The Service only records and displays information that you and your Group members enter.

You are solely responsible for the accuracy of the records you enter and for the actual handling, custody, and movement of any funds. KiTiTa is not a party to any agreement, contribution, or loan between Group members.

5. Accounts and Security

To use the Service you must create an account and verify your email address. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised use. We are not liable for any loss arising from unauthorised use of your account.

6. Groups, Roles, and Responsibilities

Groups are self-governed by their Members. The Member who creates a Group, and those assigned administrative Roles, are responsible for managing membership, assigning permissions, recording transactions, and resolving disputes within the Group. KiTiTa does not arbitrate or take part in internal Group decisions, disagreements, or financial disputes.

7. User Content and Evidence

You retain ownership of the Content you submit. By submitting Content, you grant KiTiTa a limited, non-exclusive licence to host, store, process, and display that Content solely for the purpose of operating and providing the Service to you and your Group.

You represent that you have the right to submit any Content you upload, and that it does not violate any law or the rights of any third party. You must not upload Content that is unlawful, fraudulent, defamatory, or infringing.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose, including money laundering, fraud, or financing of illegal activity;
• Misrepresent contributions, loans, or other financial records;
• Attempt to gain unauthorised access to the Service, other accounts, or our systems;
• Interfere with, disrupt, or reverse-engineer the Service;
• Use automated means to access the Service except as expressly permitted.

9. Fees

Core features of the Service are currently provided free of charge. We may introduce premium features or paid plans in future. Where fees apply, they will be disclosed to you before you incur them, and your continued use after such disclosure constitutes acceptance of the applicable fees.

10. Intellectual Property

The Service, including its software, design, logos, and trademarks, is owned by KiTiTa and protected by intellectual property laws. These Terms do not grant you any right to use our branding without prior written permission.

11. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or that records will be free from inaccuracies introduced by users. KiTiTa is a tool to assist your Group and does not replace professional financial, legal, or accounting advice.

12. Limitation of Liability

To the maximum extent permitted by law, KiTiTa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of funds, profits, data, or goodwill, arising out of or related to your use of the Service. Because KiTiTa never holds or moves funds, we are not responsible for any loss, theft, mismanagement, or dispute involving your Group's actual money.

13. Indemnification

You agree to indemnify and hold harmless KiTiTa and its officers, employees, and agents from any claims, damages, liabilities, and expenses arising from your use of the Service, your Content, or your violation of these Terms.

14. Termination

You may stop using the Service and request deletion of your account at any time. We may suspend or terminate your access if you breach these Terms or use the Service in a way that harms other users or KiTiTa. Provisions that by their nature should survive termination will survive.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising from these Terms or the Service shall, where possible, be resolved amicably through good-faith negotiation. Failing that, disputes shall be subject to the exclusive jurisdiction of the courts of Kenya.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, notify you through the Service. Your continued use after changes take effect constitutes acceptance of the revised Terms.

17. Contact Us

If you have any questions about these Terms, please contact us at kitita@baruamail.com.