The agreement between you and BizTrack when you use our platform
Plain-language summary: By using BizTrack you agree to these terms. Use BizTrack for legitimate business purposes only. You own your business data. We own our platform. Pay on time and we'll keep your account running. Misuse will lead to suspension.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and BizTrack Technologies Limited ("BizTrack", "we", "us", "our"), governing your access to and use of the BizTrack platform, including our web application, mobile application, USSD service, and API (collectively, the "Service").
By registering for an account, clicking "I agree", accessing the Service through any channel (including USSD), or making a payment for a BizTrack plan, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, do not create an account or use BizTrack. If you are accepting on behalf of a business, you represent that you have authority to bind that business to these Terms.
To use BizTrack you must:
BizTrack is intended for legitimate business purposes within Kenya and other jurisdictions where the Service is available. Use of the Service to conduct unlawful activities is strictly prohibited and will result in immediate account termination and referral to relevant authorities.
You must provide a valid phone number, email address, and business details during registration. You agree to keep this information accurate and up to date.
You are responsible for maintaining the confidentiality of your password, USSD PIN, and any two-factor authentication codes. You must notify us immediately at support@biztracksme.com if you suspect unauthorised access to your account.
BizTrack will never ask for your M-Pesa PIN, account password, or USSD PIN via phone, email, or WhatsApp. Do not share these with anyone claiming to be from BizTrack.
You are fully responsible for all activity that occurs under your account, including actions taken by team members you add. If you add staff or employees to your BizTrack account, you accept liability for their use of the Service.
Each business entity should maintain one BizTrack account unless you are on an Enterprise plan with multi-branch support. Creating multiple accounts to circumvent plan limits is a violation of these Terms.
BizTrack provides the following core services, subject to your plan:
We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice. We will not be liable for any modification or discontinuation of features except to refund prepaid subscription fees for features that are entirely removed.
We aim for 99.5% uptime for our web and mobile platforms. USSD availability depends on Africa's Talking and mobile network operator infrastructure. We do not guarantee USSD availability on all networks at all times. Planned maintenance will be communicated in advance where possible.
BizTrack offers a Free plan and paid plans (Pro, Enterprise). Feature availability is as described on our Pricing page at the time of your subscription.
Paid plan fees are as published on the BizTrack Pricing page. Fees are stated in Kenyan Shillings (KES) and are inclusive of applicable VAT at the prevailing rate under Kenyan law.
All subscription payments are processed via M-Pesa (STK Push or Paybill). Payment is due at the start of each billing period. Your subscription renews automatically unless cancelled before the renewal date.
Late or failed payments: If a payment fails, we will attempt to collect for 3 days. If payment remains outstanding after 3 days, your account will be downgraded to the Free plan. Your data will not be deleted — you will simply lose access to paid features until payment is made.
Annual subscriptions are paid upfront for 12 months and receive a discounted rate. Annual subscriptions are non-refundable except as described in Section 6.6 below.
We may change subscription prices with at least 30 days' notice via email. Price changes take effect at your next renewal after the notice period. You may cancel before the renewal if you do not accept the new price.
Monthly subscriptions: if you cancel within 48 hours of the start of a new billing period and have not used paid features in that period, you may request a refund for that period. After 48 hours, no refund is due for the current period.
Annual subscriptions: we offer a prorated refund within 14 days of annual subscription purchase if you are not satisfied. No refund is available after 14 days.
Refund requests must be submitted to billing@biztracksme.com.
You may cancel your subscription at any time from Settings → Billing. Your paid plan remains active until the end of the current billing period. There are no cancellation fees.
BizTrack's M-Pesa integration is powered by the Safaricom Daraja API. By using M-Pesa features, you also agree to Safaricom's terms of service.
The BizTrack USSD service (*384*123#) is powered by Africa's Talking and is subject to mobile network availability.
Important: BizTrack is not a bank, microfinance institution, or licensed lender. We facilitate connections between qualified users and third-party regulated lending partners. We do not lend money directly.
By using BizTrack's credit scoring and loan facilitation features:
You own your Business Data. BizTrack does not claim ownership of the sales records, expense entries, customer data, or financial information you input into the platform.
By uploading or entering Business Data into BizTrack, you grant us a limited, non-exclusive, royalty-free licence to store, process, and display that data solely for the purpose of providing the Service to you.
We will not use your Business Data for any purpose other than providing the Service, except as described in our Privacy Policy (e.g. anonymised, aggregated analytics that cannot be linked to you).
You may export your Business Data at any time in CSV or PDF format from the Reports section. On account closure, you have 30 days to export your data before it is scheduled for deletion (subject to legal retention obligations).
You are responsible for the accuracy of data you enter into BizTrack. BizTrack's reports and credit scores are only as accurate as the data you input. BizTrack is not responsible for decisions made based on inaccurate or incomplete data.
All intellectual property in the BizTrack platform — including software code, design, trademarks, logos, product names, feature names, documentation, and reports generated by our algorithms — is owned exclusively by BizTrack Technologies Limited or its licensors.
You may not:
Subject to these Terms, we grant you a limited, non-transferable, non-exclusive licence to use the BizTrack platform for your own business management purposes during the term of your subscription.
You agree to use BizTrack only for lawful, legitimate business purposes. You must not:
Violation of this Acceptable Use Policy will result in immediate account suspension and may be reported to the relevant Kenyan authorities, including the Directorate of Criminal Investigations (DCI) and the Kenya Revenue Authority (KRA).
Participation in the BizTrack Affiliate Program is subject to these Terms plus the specific Affiliate Program Terms presented during application. Key conditions:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
In particular, BizTrack does not warrant that:
BizTrack's financial reports and dashboards are tools to help you understand your own data. They do not replace the advice of a qualified accountant, tax advisor, or financial professional. You should consult a licensed professional for formal financial, tax, or legal advice.
To the maximum extent permitted by Kenyan law, BizTrack Technologies Limited's total liability to you for any claim arising from or related to these Terms or the Service shall not exceed the greater of:
BizTrack shall not be liable for any:
These limitations apply whether the claim is based in contract, tort, statute, or any other legal theory, and even if BizTrack has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless BizTrack Technologies Limited and its directors, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
You may close your account at any time from Settings → Account → Delete Account, or by contacting support@biztracksme.com. Upon closure, your paid subscription will not be refunded for the remaining period unless you qualify under Section 6.6.
We may suspend or terminate your account immediately, without prior notice, if:
We may also terminate the Service entirely with 90 days' notice to all users.
On termination: (a) your right to use the Service ends immediately; (b) you have 30 days to export your Business Data before deletion; (c) any outstanding fees remain due; (d) provisions of these Terms that by their nature should survive termination (including Sections 10, 11, 14, 15, 16, and 18) shall continue to apply.
These Terms are governed by the laws of Kenya, without regard to its conflict of law provisions.
Before initiating formal proceedings, you agree to contact us at legal@biztracksme.com and allow 30 days for us to attempt to resolve the dispute informally.
If informal resolution fails, disputes shall be referred to binding arbitration under the Nairobi Centre for International Arbitration (NCIA) Rules by a single arbitrator. The seat of arbitration shall be Nairobi, Kenya. The language shall be English. The arbitral award shall be final and binding.
Either party may seek injunctive or other equitable relief in the courts of Kenya for breaches involving intellectual property, confidential information, or where immediate relief is necessary.
We may update these Terms from time to time. When we make significant changes:
Your continued use of BizTrack after the effective date of updated Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.
For questions about these Terms or to serve formal legal notices:
BizTrack Technologies Limited
BizTrack House, 3rd Floor, Waiyaki Way, Westlands, Nairobi, Kenya
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