Terms of Service

Last Updated: May 18, 2025  |  Effective Date: May 18, 2025

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1. Acceptance of Terms

Welcome to ShambaCare. By accessing or using our agricultural technology platform, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and ShambaCare ("we," "us," or "our").

2. About ShambaCare

ShambaCare is an agricultural technology platform that provides:

• AI-powered crop disease diagnosis and treatment recommendations
• Weather forecasting and crop planning tools
• Agricultural marketplace connecting farmers and buyers
• Extension officer assignment and farm visit coordination
• Pesticide calculation tools
• Agricultural resources and educational materials

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Services under applicable laws
• Provide accurate and complete registration information

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account

4.2 Account Types

Our platform supports the following account types:

• Farmer: For agricultural producers seeking diagnostic, advisory, and marketplace services
• Buyer: For individuals or businesses seeking to purchase agricultural products
• Extension Officer: For agricultural professionals providing advisory services to farmers

4.3 Account Responsibility

You are solely responsible for all activities that occur under your account. ShambaCare is not liable for any loss or damage arising from unauthorized use of your account.

5. Use of Services

5.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the platform for legitimate agricultural activities.

5.2 Prohibited Activities

You agree NOT to:

• Use the Services for any illegal or unauthorized purpose
• Upload false, misleading, or fraudulent information
• Upload images or content that infringes on intellectual property rights
• Attempt to gain unauthorized access to other users' accounts or our systems
• Interfere with or disrupt the Services or servers
• Use automated tools (bots, scrapers) to access the platform without permission
• Misrepresent your identity, farm details, or product quality
• Use diagnostic results for purposes other than your own agricultural activities without permission
• Harass, abuse, or harm other users or staff
• Violate any applicable local, national, or international law

6. AI-Powered Services Disclaimer

IMPORTANT: Our AI-powered crop diagnostic and recommendation services are provided for informational and advisory purposes only. You acknowledge and agree that:

• AI diagnoses are not guaranteed to be 100% accurate and should not be the sole basis for agricultural decisions
• Recommendations should be verified by qualified agricultural professionals where possible
• ShambaCare is not liable for crop losses, financial damages, or other harm resulting from reliance on AI-generated advice
• Pesticide calculations are estimates and should be verified against manufacturer guidelines
• Weather forecasts are based on third-party data and may not be fully accurate

7. Marketplace Terms

7.1 General

ShambaCare provides a marketplace platform to connect farmers and buyers. We act as a facilitator and are NOT a party to any transaction between users.

7.2 Farmer Obligations

• Provide accurate descriptions of crop quality, quantity, and availability
• Honor accepted marketplace commitments
• Comply with applicable agricultural standards and regulations

7.3 Buyer Obligations

• Provide accurate business information and purchasing requirements
• Honor agreed-upon transaction terms
• Make timely payments as agreed with sellers

7.4 Disputes

ShambaCare is not responsible for resolving disputes between buyers and sellers. However, we may provide mediation assistance through our support channels.

8. Intellectual Property

8.1 Our Content

All content, features, and functionality of our platform (including software, text, graphics, logos, and design) are owned by ShambaCare and protected by copyright, trademark, and other intellectual property laws.

8.2 Your Content

You retain ownership of content you upload (such as crop images and farm data). By uploading content, you grant ShambaCare a non-exclusive, worldwide, royalty-free license to use, process, and store that content for the purpose of providing our Services and improving our AI diagnostic capabilities.

8.3 Restrictions

You may not reproduce, distribute, modify, or create derivative works from our platform content without prior written consent.

9. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data in compliance with the Kenya Data Protection Act, 2019 and GDPR.

10. Fees and Payments

Currently, basic access to ShambaCare is provided free of charge. We reserve the right to introduce paid features or subscription plans in the future, with advance notice to users. Any paid services will be clearly identified with pricing before purchase.

11. Service Availability

• We strive to maintain continuous availability but do not guarantee uninterrupted access
• Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control
• We reserve the right to modify, suspend, or discontinue any part of the Services with reasonable notice

12. Limitation of Liability

To the maximum extent permitted by law:

• ShambaCare is provided "AS IS" and "AS AVAILABLE" without warranties of any kind
• We do not warrant that the Services will be error-free, uninterrupted, or free from harmful components
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim arising from the Services shall not exceed the amount you have paid us in the preceding 12 months (or KES 10,000, whichever is greater)
• We are not liable for crop losses, agricultural failures, or financial damages resulting from use of our Services

13. Indemnification

You agree to indemnify and hold harmless ShambaCare, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Inaccurate information you provide on the platform

14. Termination

14.1 By You

You may terminate your account at any time by contacting us at shambacare@proton.me. Upon termination, your right to use the Services will immediately cease.

14.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or harmful activities
• Your account has been inactive for more than 24 months
• Required by law or regulatory order

14.3 Effect of Termination

Upon termination:

• Your access to the Services will be revoked
• Your data will be handled in accordance with our Privacy Policy and applicable retention periods
• Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) will survive

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at shambacare@proton.me to attempt to resolve any dispute informally within 30 days.

15.2 Mediation

If informal resolution fails, parties agree to attempt mediation before a qualified mediator in Kenya before resorting to litigation.

15.3 Jurisdiction

Any disputes that cannot be resolved through mediation shall be subject to the exclusive jurisdiction of the courts of Kenya.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles. Where applicable, the provisions of the Kenya Consumer Protection Act, the Kenya Data Protection Act, 2019, and relevant agricultural regulations shall apply.

17. Force Majeure

ShambaCare shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, power failures, or internet outages.

18. Severability

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

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ShambaCare regarding the use of our Services and supersede any prior agreements.

20. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes:

• We will notify you via email or a prominent notice on our platform at least 14 days before changes take effect
• The "Last Updated" date at the top will be revised
• Continued use of our Services after the effective date constitutes acceptance of the updated Terms
• If you do not agree to the changes, you must stop using the Services and may request account deletion

21. Contact Information

For any questions or concerns about these Terms:

• Legal Inquiries: shambacare@proton.me
• Address: Taveta Sub-County, Taita Taveta County - Kenya