Terms of Service

1. Eligibility

You must be at least 18 years old to register and use the Service.

2. User Account

• Keep credentials secure and notify us of any unauthorized use
• Do not share accounts unless authorized

3. Subscription & Payments

• Access may require paid subscription
• Payments are processed via Pesapal and M-Pesa
• Non-payment may lead to suspension or termination
• Evaluate4Change is not liable for failures or issues from third-party payment providers

4. License Grant

You are granted a non-exclusive, revocable license to use the platform for Monitoring, Evaluation & Learning purposes within your organization.

5. Data Ownership & Use

• You retain ownership of all uploaded and collected data
• We process data only to deliver services under contract

6. Data Protection & Security

We comply with:

• The Kenya Data Protection Act (2019)
• GDPR (EU clients)

Data is encrypted, processed only under legal basis, and stored securely. See our Privacy Policy for more details.

7. Service Availability

We target 99.9% uptime but do not guarantee uninterrupted service. We are not liable for:

• Downtime from external outages
• Losses due to service unavailability

8. Termination

We may suspend or terminate accounts due to:

• Breach of Terms
• Overdue payments
• Misuse or security violations

Post-termination: Data is retained for 30 days unless otherwise agreed.

9. Limitation of Liability

We are not liable for indirect, incidental, or consequential damages. Total liability is limited to fees paid in the past 12 months.

10. Intellectual Property

All platform content, software, branding, and design remain the intellectual property of Evaluate4Change and its developers.

11. User Conduct

Do not:

• Upload malware
• Violate the rights of others
• Interfere with system integrity

12. Third-Party Integrations

The Service integrates with KoboToolbox, Power BI, and payment gateways (Pesapal, M-Pesa and Open exchange). Use is governed by each provider's terms.

13. Controller/Processor Relationship

When you use the platform to collect third-party data, you are the Data Controller, and Evaluate4Change is your Data Processor. A Data Processing Agreement (DPA) may be executed.

14. Governing Law

These Terms are governed by the laws of Kenya. Disputes shall be handled in Kenyan courts.

15. Force Majeure

We are not liable for delays caused by force majeure events such as natural disasters, wars, government restrictions, or third-party outages.

16. Changes to Terms

We may update these Terms. Changes will be communicated via email or on the platform. Continued use after changes constitutes acceptance.