Effective Date: March 12, 2025
Version: 4.2.1
Agreement ID: TOU-EULA-TK-2024-GP

Last Updated: 24th April, 2025

1. INTERPRETATION AND DEFINITIONS

1.1 Definitions
For purposes of this comprehensive agreement, the following terms shall have the meanings ascribed:

"Application" refers to the Tere Kiosk application, including all updates, upgrades, patches, and related documentation, whether accessed via mobile device, web interface, or any other platform.

"Commercial Use" denotes utilization of the Application for business purposes, including but not limited to inventory management, sales processing, and financial reporting.

"Content" encompasses all data, information, materials, and intellectual property contained within or generated by the Application.

"Derivative Works" shall mean any modification, adaptation, translation, or other creative work based upon the Application.

"Effective Date" represents the date on which these Terms first become binding upon the User.

"Force Majeure Event" includes any circumstance beyond the reasonable control of the Company including acts of God, war, governmental actions, or network infrastructure failures.

2. GENERAL TERMS AND CONDITIONS

2.1 Acceptance and Binding Nature
By executing the installation process, accessing the Application programming interface, or otherwise utilizing any functionality of the Application solution, the User hereby irrevocably:

(a) Acknowledges having read and understood all provisions contained herein;
(b) Consents to be legally bound by these Terms in perpetuity;
(c) Warrants that they possess the legal capacity and authority to enter into this Agreement;
(d) Agrees that these Terms supersede all prior oral or written understandings.

2.2 Modification Rights
The Company expressly reserves the unilateral right to modify, amend, supplement, or otherwise alter these Terms at any time without prior notice. Continued use of the Application following such modifications shall constitute the User's constructive acceptance of the revised Terms.

3. LICENSE GRANT AND RESTRICTIONS

3.1 Scope of License
Subject to strict compliance with all terms and conditions herein, the Company grants the User a limited, non-exclusive, non-transferable, revocable license to:

(a) Install the Application on compatible devices owned or controlled by the User;
(b) Access and utilize the Application's features for internal business operations;
(c) Generate reports and output as permitted by the Application's functionality.

3.2 Prohibited Conduct
The User expressly covenants not to engage in, nor permit any third party to engage in, any of the following activities:

(a) Reverse engineering, decompiling, or disassembling the Application's source code;
(b) Creating Derivative Works based on the Application's architecture;
(c) Circumventing any technological protection measures;
(d) Utilizing the Application for any unlawful or fraudulent purposes.

4. USER OBLIGATIONS AND REPRESENTATIONS

4.1 Account Security
The User shall bear sole responsibility for:

(a) Maintaining the confidentiality of all authentication credentials;
(b) Implementing adequate physical and digital security measures;
(c) Immediately notifying the Company of any suspected unauthorized access.

4.2 Data Accuracy
The User warrants that all information provided through the Application, including but not limited to inventory records, pricing data, and transaction details, shall be:

(a) Accurate and complete in all material respects;
(b) Updated on a timely basis;
(c) Compliant with all applicable laws and regulations.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership
All right, title, and interest in and to the Application, including all intellectual property rights therein, shall remain the exclusive property of the Application

5.2 User-Generated Content
The User grants the Company a perpetual, worldwide, royalty-free license to use, reproduce, and modify any data input into the Application for the purpose of providing and improving services.

6. PAYMENT TERMS AND SUBSCRIPTIONS

6.1 Fee Structure
Access to premium features requires payment of applicable subscription fees, which:

(a) Are non-refundable except as expressly provided herein;
(b) May be modified by the Company upon thirty (30) days notice;
(c) Exclude all applicable taxes and fees.

6.2 Renewal and Termination
Subscription plans shall automatically renew for successive periods unless terminated by either party with at least fifteen (15) days prior written notice.

7. WARRANTY DISCLAIMERS

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE OF THE APPLICATION.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

9.2 Dispute Resolution
Any controversy or claim arising out of or relating to these Terms shall be resolved through binding arbitration conducted in Nairobi in accordance with the Arbitration Act of Kenya.

10. MISCELLANEOUS PROVISIONS

10.1 Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings.

10.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.3 No Waiver
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

ACCEPTANCE AND ACKNOWLEDGEMENT
BY PROCEEDING WITH THE INSTALLATION AND USE OF THE TERE KIOSK APPLICATION, THE USER HEREBY ACKNOWLEDGES HAVING READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

SIR VIMBI GROUP
BN-X2CMD6D
Rm18, 1st Fl, The Legend, Annex, Eldoret
Kenya

"Tere Kiosk: Where Innovation Meets Obligation"

Effective Date: March 12, 2025

Version: 2.1.5

Policy ID: TK-PP-2024-GLOBAL

Last Updated: 24th April, 2025

1. PREAMBLE AND ACCEPTANCE

1.1 This Privacy Policy ("Policy") constitutes a legally binding agreement between you ("User", "Licensee", or "Data Subject") and Tere Kiosk ("Company", "we", "our", or "us") governing the collection, processing, storage, transmission, and utilization of all data and information generated through or related to your use of the Tere Kiosk mobile application ("Application"), associated web services ("Services"), and any ancillary functionalities ("Ancillary Services").

1.2 By installing, accessing, or utilizing the Application in any capacity, you expressly acknowledge that you have read, comprehended, and voluntarily consented to be irrevocably bound by all terms, conditions, notices, and disclaimers contained herein, as may be periodically amended, modified, or supplemented at our sole discretion without prior notification. If any changes are done to This Policy we will notify users of updates via In-app alerts (for active users) and Email (for Premium subscribers).

1.3 This Policy should be read in conjunction with our:

• End User License Agreement (EULA)

• Terms of Use (ToU)

• Data Processing Addendum (DPA)

• Cookie Policy (where applicable)

2. INTERPRETATIVE FRAMEWORK

2.1 Definitions
For purposes of this Policy, the following capitalized terms shall have the meanings ascribed below:

• Application Data: All structured/unstructured data generated through app usage including but not limited to transaction logs, inventory records, and user-generated content

• Biometric Data: Physiological/behavioral characteristics that may be captured through device sensors for authentication purposes

• Data Controller: Tere Kiosk as the entity determining purposes/means of processing

• Data Processor: Third-party service providers engaged in data processing activities

• Derivative Data: Metadata, analytics, and inferred information created from primary data

• Personal Data: Any information relating to an identified/identifiable natural person as defined under applicable data protection legislation

• Sensitive Data: Special categories of data requiring enhanced protection under Article 9 of GDPR

3. DATA COLLECTION MATRIX

3.1 Comprehensive Data Typology

A. Voluntarily Provided Data

• Registration Data: Mobile number, device IMEI, SIM serial number, Email, Names

• Business Profile: Shop name, location coordinates, tax identification details

• Inventory Data: Product catalog (SKUs, barcodes, pricing matrices)

• Financial Data: Transaction histories, payment method metadata

B. Automatically Collected Data

• Device Telemetry: CPU usage patterns, memory allocation metrics, battery consumption analytics

• Network Diagnostics: Signal strength fluctuations, packet loss statistics, latency measurements

• Behavioral Data: Feature engagement heatmaps, UI interaction sequences

C. Third-Party Data

• Payment Processors: M-Pesa transaction IDs, mobile money operator codes

• Advertising Partners: Device advertising identifiers (GAID, IDFA)

• Crash Analytics: Stack traces, memory dumps, exception logs

4. PROCESSING PURPOSES AND LEGAL BASES

4.1 Lawful Processing Framework

Account provisioning is processed under contractual necessity with data retained for 36 months post-termination. Fraud prevention activities operate under legitimate interest with 60-month retention. Tax compliance data is maintained indefinitely as a legal obligation. Feature improvement data processing requires consent and is retained for 24 months.

4.2 Cross-Border Data Transfers
All international data transfers comply with:

• EU Standard Contractual Clauses (SCCs)

• Kenya Data Protection Act transfer requirements

• APEC Cross-Border Privacy Rules

5. SECURITY ARCHITECTURE

5.1 Technical Safeguards

• AES-256 encryption for data at rest

• TLS 1.3 with PFS for data in transit

• Hardware Security Module (HSM) for key management

• Blockchain-based audit trails for critical operations

5.2 Organizational Measures

• Biannual penetration testing

• SOC 2 Type II compliance

• Employee security clearance protocols

6. DATA SUBJECT RIGHTS

6.1 Comprehensive Rights Framework

• Right to access (Article 15 GDPR)

• Right to rectification (Article 16)

• Right to erasure (Article 17)

• Right to restriction (Article 18)

• Right to data portability (Article 20)

• Right to object (Article 21)

• Right to non-automated decision making (Article 22)

6.2 Exercise of Rights
All requests must be submitted through our:

• DSAR Portal: https://www.sirvimbi.com/tere-kiosk

• Verified email: tere.kiosk+dpo@gmail.com

• Physical mail: 0717866266, City Square(00200), Nairobi, Kenya

7. POLICY GOVERNANCE

7.1 Version Control
This Policy supersedes all prior versions and is reviewed:

• Quarterly for operational updates

• Biannually for legal compliance

• Ad-hoc for material changes

7.2 Dispute Resolution
All disputes shall be resolved through:

1. Mandatory mediation (Nairobi Centre for International Arbitration)

2. Binding arbitration (UNCITRAL Rules)

3. Exclusive jurisdiction (Kenyan courts)

8. CONTACT MATRIX

• Data Access Requests should be directed to tere.kiosk+dsar@gmail.com with a 30-day response SLA. 

• Security emergencies must be reported to tere.kiosk+soc@gmail.com with a 2-business hour response window. 

• General inquiries may be sent to tere.kiosk+support@gmail.com with a 5-business day response timeline.

Final Notice: Continued use of the Application constitutes ongoing acceptance of this Policy and all incorporated documents by reference.

"TERE KIOSK: WHERE DATA INTEGRITY MEETS COMMERCE INNOVATION"