Terms of Service

Agreement Overview

Welcome to Faminga. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Faminga ("Company," "we," "us," or "our") governing your access to and use of our smart farming solutions, website, mobile applications, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services. These Terms should be read in conjunction with our Privacy Policy, which is incorporated by reference.

User Accounts and Registration

To access certain features of our Services, you may be required to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials confidential and secure
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete. You must be at least 18 years old to create an account and use our Services.

Service Usage Rules

When using our Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any illegal, harmful, or unauthorized purposes
• Attempt to gain unauthorized access to any part of the Services or its related systems
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any portion of the Services
• Use any robot, spider, crawler, scraper, or other automated means to access the Services
• Bypass or circumvent measures designed to prevent or restrict access to the Services
• Transmit any viruses, malware, or other harmful computer code
• Collect or harvest any information from the Services without authorization

We reserve the right to monitor your use of the Services to ensure compliance with these Terms. Violation of these rules may result in the termination of your access to the Services.

User Content and Conduct

Our Services may allow you to submit, upload, publish, or share content, including text, images, data, and other materials ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with the Services.

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate any third-party rights
• Your User Content complies with these Terms and all applicable laws

We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.

Intellectual Property Rights

The Services, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, software, and the design, selection, and arrangement thereof), are owned by Faminga, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in or to the Services or the content, features, or functionality available through the Services. You may not:

• Use our trademarks, logos, or other proprietary information without our prior written consent
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Reproduce, modify, create derivative works from, distribute, publicly display, or exploit any content from the Services without our permission

We respect the intellectual property rights of others and expect users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law.

Payment Terms

Some of our Services may require payment of fees. By using such Services, you agree to pay all applicable fees as described on our website or mobile applications. All fees are non-refundable unless otherwise stated or required by law.

Payment terms include:

• Fees are payable in advance for subscription-based Services
• You authorize us to charge your designated payment method for all fees
• If your payment method fails or your account is past due, we may suspend or terminate your access to the Services
• We may change our fees at any time by posting the changes on our website or mobile applications
• All amounts are in Rwandan Francs (RWF) unless otherwise specified

For subscription-based Services, your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date.

Limitation of Liability

To the maximum extent permitted by law, Faminga and its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Reliance on information or content provided through the Services
• System failures or interruptions in the Services

In no event shall our total liability to you for all claims exceed the amount you paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the above limitations may not apply to you.

Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall be resolved as follows:

• Informal Resolution: We encourage you to contact us first to seek an informal resolution to any dispute.
• Mediation: If informal resolution is unsuccessful, the parties agree to attempt to resolve the dispute through mediation conducted by a mutually agreed-upon mediator in Kigali, Rwanda.
• Arbitration: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the laws of Rwanda. The arbitration shall take place in Kigali, Rwanda, and shall be conducted in English.
• Exceptions: Nothing in these Terms prevents either party from seeking injunctive or other equitable relief in courts of competent jurisdiction for intellectual property infringement or other urgent matters.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this specific provision is found to be unenforceable, then the entirety of this dispute resolution section shall be null and void.

Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of applicable laws or regulations
• Upon request by law enforcement or government agencies
• Discontinuation or material modification of the Services
• Unexpected technical or security issues
• Extended periods of inactivity

You may terminate your account at any time by contacting us or using the account deletion feature if available.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website or mobile applications prior to the changes becoming effective. Your continued use of the Services after such notification constitutes your acceptance of the modified Terms.

It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, you should discontinue your use of the Services.

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at: