Terms of Service

1. Eligibility and accounts

You must be at least 18 years old to create an administrator account. You are responsible for the accuracy of the information you provide, for keeping your login credentials confidential, and for all activity that occurs under your account. Notify us promptly at hello@akenrose.com if you suspect any unauthorised use.

2. The Service

Kommunity provides tools for managing a community, which may include a member directory, dues and donation collection, elections, broadcasts, birthday and reminder messaging, call-tree coordination, payouts, and related features. Features available to you depend on your subscription plan and may change over time. A "community admin" configures and manages a community; a "member" is a person who belongs to a community and holds a member account.

3. Your community and member data

As a community admin, you decide what member information to collect and upload, and you are the party responsible (the "data controller") for that information. You represent and warrant that you have a lawful basis to collect, upload, and process the personal data of your members — including obtaining any consent required under the Nigeria Data Protection Act 2023 (or the equivalent law of your jurisdiction) — and that you will use the Service in compliance with those laws. Kommunity processes member data on your behalf as described in our Privacy Policy.

4. Payments, fees, and billing

Subscriptions and trials. Paid plans are billed in advance for the billing period you select (monthly or yearly). Free trials, where offered, convert to a paid plan only if you choose one; nothing is charged automatically at the end of a trial. Yearly plans are charged as stated at checkout.

Dues and donations. Money your members pay through the Service (dues, donations, and similar) is collected through our payment processor, Paystack. We deduct a platform fee (shown to you before you collect) and, where applicable, the processor's own charges; the remainder is settled to your community, either directly to your bank account via Paystack split settlement or through the payout flow in the Service.

SMS wallet. SMS is optional and prepaid. You top up an SMS wallet, and each message is charged against that balance at the provider's rate with no Kommunity mark-up. SMS credits are for use within the Service, are consumed as messages are sent, and are generally non-refundable except where required by law. Your SMS wallet is separate from your dues, donations, payouts, and subscription.

Taxes. Fees are exclusive of any taxes, levies, or duties, which are your responsibility where applicable.

5. Acceptable use

You agree not to use the Service to:

• break any applicable law, or infringe anyone's rights;
• send unsolicited, deceptive, or unlawful messages, or upload another person's data without a lawful basis;
• attempt to gain unauthorised access to the Service, other accounts, or our systems, or to disrupt or overload them;
• misrepresent your identity or your authority to act for a community; or
• use the Service to collect money fraudulently or for a purpose you have not disclosed to your members.

6. Intellectual property

The Service, including its software, design, and content we provide, belongs to Kommunity and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. The data you and your members put into the Service remains yours; you grant us the limited rights needed to host and operate the Service for you.

7. Third-party services

The Service relies on third parties, including Paystack (payments), and email and SMS providers. Your use of those features may also be subject to the third party's terms. We are not responsible for third-party services, but we choose reputable providers and pass through only the data needed to deliver the feature.

8. Availability and changes

We work to keep the Service available and reliable but do not guarantee uninterrupted access. We may add, change, or remove features, and we may perform maintenance. Where a change materially reduces a paid feature, we will act reasonably and in good faith.

9. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not a bank, a financial adviser, or a legal adviser, and nothing in the Service is financial or legal advice.

10. Limitation of liability

To the fullest extent permitted by law, Kommunity will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability arising out of or relating to the Service in any twelve-month period will not exceed the greater of the amounts you paid us for the Service in that period, or ₦50,000. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

11. Indemnity

You agree to indemnify and hold Kommunity harmless from claims, losses, and expenses arising from your use of the Service in breach of these Terms or of applicable law, including any claim that your collection or use of member data was unlawful.

12. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends; we will make your data available for export for a reasonable period unless the law requires otherwise, after which it may be deleted.

13. Governing law and disputes

These Terms are governed by the laws of the Federal Republic of Nigeria. The parties will first try to resolve any dispute amicably; failing that, the dispute is subject to the exclusive jurisdiction of the courts of Lagos State, Nigeria. If you use the Service from another country, you are also responsible for complying with your local laws.

14. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will take reasonable steps to notify you (for example, by email or an in-app notice). Continuing to use the Service after a change takes effect means you accept the updated Terms.

15. Contact

Questions about these Terms? Email hello@akenrose.com, call +234 708 974 1989, or write to us in Lagos, Nigeria.