Terms of Service

1. Introduction & Acceptance

Welcome to Faminga. These Terms of Service ("Terms") govern your access to and use of Faminga's website, mobile applications, IoT devices, and other products and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Faminga provides smart farming solutions designed specifically for agricultural conditions in Rwanda and East Africa. Our Services include IoT soil monitoring, AI disease detection, weather predictions, marketplace access, and other agricultural technology solutions.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you must not access or use our Services. By using our Services, you represent that you are at least 18 years of age or that you are a legal entity operating in Rwanda or other countries where our Services are available.

2. Service Usage Terms

Faminga grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for agricultural purposes in accordance with these Terms. This license does not include the right to collect, scrape, or mine data from our Services or to use our Services for any purpose not expressly permitted by these Terms.

Our Services are designed to provide agricultural insights and recommendations based on data collected from your farm and other sources. While we strive to provide accurate and useful information, we do not guarantee the accuracy, completeness, or reliability of any data or recommendations provided through our Services.

You acknowledge that:

• Our Services may require internet connectivity, and you are responsible for any data charges incurred while using our Services.
• We may update or modify our Services at any time, including adding or removing features or functionality.
• We may interrupt the Services temporarily for maintenance, updates, or other reasons.
• We may discontinue any Service or feature at any time with reasonable notice to you.

For IoT devices and hardware products, additional terms may apply as specified in product documentation or separate agreements.

3. User Responsibilities

As a user of our Services, you agree to:

• Provide accurate and complete information when registering for an account and keep your account information updated.
• Maintain the security and confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use our Services in compliance with all applicable laws and regulations, including agricultural, environmental, and data protection laws.
• Not use our Services for any illegal or unauthorized purpose or engage in any activity that disrupts or interferes with our Services.
• Not attempt to access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our providers.
• Not probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
• Not upload or transmit viruses, malware, or other malicious code, or interfere with or disrupt the integrity or performance of our Services.

For IoT devices and hardware products, you are responsible for:

• Proper installation and maintenance according to our instructions.
• Ensuring devices are used in appropriate environmental conditions as specified in product documentation.
• Regularly checking device functionality and reporting any issues promptly.
• Obtaining any necessary permits or approvals for installation and operation of devices on your property.

You acknowledge that failure to properly install, maintain, or use our devices may result in inaccurate data or device failure, and Faminga is not responsible for any consequences resulting from such failure.

4. Intellectual Property Rights

All rights, title, and interest in and to our Services, including all intellectual property rights, are and will remain the exclusive property of Faminga and its licensors. Our Services are protected by copyright, trademark, patent, and other laws of Rwanda and foreign countries.

Nothing in these Terms gives you a right to use the Faminga name, trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding our Services is entirely voluntary, and we are free to use such feedback, comments, or suggestions without any obligation to you.

With respect to data:

• Your Data: You retain ownership of any data you provide or that is collected from your farm through our Services ("Your Data"). You grant Faminga a worldwide, non-exclusive license to use, copy, modify, create derivative works based on, distribute, publicly display, and store Your Data for the purposes of operating and improving our Services.
• Aggregated Data: We may anonymize and aggregate Your Data with data from other users to create aggregated datasets. We own all rights to aggregated data that does not identify you or your farm specifically. This aggregated data may be used to improve our Services, develop new features, or for research purposes.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission.

5. Privacy & Data Protection

Our Privacy Policy describes how we collect, use, and share information about you when you use our Services. By using our Services, you agree to the collection, use, storage, and disclosure of your information as described in our Privacy Policy.

We are committed to protecting your personal data in accordance with applicable data protection laws, including Rwanda's data protection regulations. We implement appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

Key aspects of our data practices include:

• We collect farm data through IoT devices, mobile applications, and our website to provide and improve our Services.
• We use your contact information to communicate with you about our Services, provide customer support, and send important notifications.
• We may share your information with service providers who help us deliver our Services, but we do not sell your personal data to third parties.
• We store data on secure servers and implement encryption and access controls to protect your information.
• You have the right to access, correct, or delete your personal data, and you can manage your communication preferences through your account settings.

For more detailed information about our privacy practices, please review our Privacy Policy.

6. Payment Terms

Some of our Services require payment, including subscription fees for software services and purchase prices for hardware products. All prices are listed in the currency specified on our website or in the applicable order form.

For subscription services:

• Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select.
• You authorize us to charge your payment method for all fees due for your subscription.
• Subscriptions automatically renew unless you cancel at least 30 days before the end of your current subscription period.
• We may change subscription fees upon notice to you, and such changes will take effect at the start of your next subscription period.
• If we cannot charge your payment method, we may suspend your access to paid Services until payment is received.

For hardware products:

• Payment is due at the time of purchase unless otherwise specified.
• Shipping and handling fees are additional and will be specified at checkout.
• Products remain the property of Faminga until payment is received in full.
• We offer a 30-day limited warranty for hardware products, subject to the terms specified in our warranty policy.

We accept payment through mobile money services (including MTN Mobile Money and Airtel Money), credit/debit cards, and bank transfers. All payments are processed through secure payment processors.

Refunds may be issued at our discretion and in accordance with our refund policy, which is available upon request. Generally, subscription fees are non-refundable except where required by law.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Faminga and its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our Services;
• Any conduct or content of any third party on our Services;
• Any content obtained from our Services; or
• Unauthorized access, use, or alteration of your transmissions or content.

Our Services are provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the operation of our Services or the information, content, or materials included therein. We specifically disclaim all warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

You acknowledge that agricultural outcomes depend on many factors beyond our control, including weather conditions, soil quality, farming practices, and other environmental factors. We do not guarantee any specific agricultural results or outcomes from using our Services.

In no event shall our total liability to you for all claims arising from or relating to these Terms or your use of our Services exceed the amount paid by you to Faminga during the twelve (12) months immediately preceding the event giving rise to the claim.

8. Termination Conditions

You may terminate your account at any time by contacting us at support@faminga.com or through your account settings. Upon termination, your right to use our Services will immediately cease.

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use our Services will immediately cease.

Termination conditions include:

• If you cancel a subscription, you may continue to use the paid Services until the end of your current subscription period, but you will not receive a refund for any fees already paid.
• If we terminate your account for breach of these Terms, you will not be entitled to any refund.
• Upon termination, we may delete your account data after a reasonable period, typically 30 days, unless we are required to retain it for legal purposes.
• You may request a copy of your data before termination by contacting our support team.

For IoT devices and hardware products:

• If your subscription for IoT services is terminated, your devices may continue to function locally but will no longer transmit data to our platform or receive updates.
• You remain responsible for the proper disposal of hardware products in accordance with local regulations.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Rwanda, without regard to its conflict of law provisions.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or our Services, the parties shall first attempt to resolve the dispute informally by negotiation. Either party may initiate negotiation by providing written notice to the other party setting forth the subject of the dispute and the relief requested.

If the parties cannot resolve the dispute through informal negotiation within 30 days of the initial notice, the dispute shall be resolved through mediation conducted in Kigali, Rwanda, in accordance with the mediation rules of the Kigali International Arbitration Centre (KIAC).

If mediation is unsuccessful, any dispute, controversy, or claim shall be finally settled by arbitration in accordance with the arbitration rules of the KIAC. The arbitration shall be conducted in Kigali, Rwanda, in the English language, by a single arbitrator appointed in accordance with the KIAC rules.

The arbitrator's award shall be final and binding on the parties, and judgment may be entered on the award in any court of competent jurisdiction.

Nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.

10. Contact Information

If you have any questions about these Terms, please contact us at:

For customer support inquiries, please contact support@faminga.com or call our customer service line at +250 788 123 457.