Terms & Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Swavice ("Company", "we", "us", or "our"), governing your access to and use of the Swavice mobile application and all related services (collectively, the "Platform").

By downloading, installing, registering, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

If you do not agree with any provision of these Terms, you must immediately cease use of the Platform and uninstall the application from your device.

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, including but not limited to the Law of Contract Act (Cap 23), the Data Protection Act No. 24 of 2019, the Computer Misuse and Cybercrimes Act No. 5 of 2018, the Consumer Protection Act No. 46 of 2012, and the Kenya Information and Communications Act (Cap 411A).

2. Definitions

"Account" means the registered profile created by a User or Organisation to access the Platform.

"Administrator" or "Admin" means a User with elevated privileges to manage an Organisation's account, team members, reports, and settings.

"Client" means any third-party customer, business, or individual whose details are recorded within the Platform by a User.

"Content" means any data, text, photographs, images, reports, signatures, documents, or other material created, uploaded, or transmitted through the Platform.

"Organisation" means a business entity that has subscribed to the Platform and under whose account individual Users operate.

"Personal Data" has the meaning assigned under the Data Protection Act No. 24 of 2019.

"Report" means a field service or site inspection report created by a User through the Platform.

"Supervisor" means a User with authority to assign jobs, review reports, and manage technician activities within an Organisation.

"Technician" means a User who primarily creates and submits field service reports on the Platform.

3. Eligibility and Registration

3.1 Age Requirement. You must be at least eighteen (18) years of age to create an account or use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.

3.2 Accuracy of Information. You agree to provide accurate, current, and complete information during registration and to keep such information up to date. The Company reserves the right to suspend or terminate accounts where inaccurate information is discovered.

3.3 Account Responsibility. You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You must notify the Company immediately upon becoming aware of any unauthorised use of your account.

3.4 Organisational Accounts. Where the Platform is used within an Organisation, the Administrator bears primary responsibility for managing user access, permissions, and ensuring that all Users within the Organisation comply with these Terms.

4. Description of the Platform

The Platform is a professional field service and asset management system that enables Organisations and their Technicians to create, manage, and distribute site inspection and service reports. Key capabilities include but are not limited to: digital report creation with photo capture, machine nameplate data recording, client digital signature collection, PDF report generation, job assignment and team management, offline-first local data storage, and automatic synchronisation with cloud infrastructure.

The Company reserves the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

5. Licence Grant

5.1 Limited Licence. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the Platform on your personal or organisation-issued mobile device solely for your internal business purposes.

5.2 Restrictions. You shall not, and shall not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the Platform; (b) reverse-engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Platform; (c) sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Platform; (d) use the Platform to build a competing product or service; (e) remove or alter any proprietary notices or labels on the Platform.

5.3 Reservation of Rights. All rights not expressly granted to you under these Terms are reserved by the Company.

6. Acceptable Use

6.1 Permitted Use. You agree to use the Platform only for lawful purposes and in accordance with these Terms, all applicable laws and regulations of Kenya, and any guidelines published by the Company.

6.2 Prohibited Conduct. You shall not use the Platform to: (a) upload, transmit, or distribute any Content that is unlawful, defamatory, obscene, fraudulent, or harmful; (b) impersonate any person or entity, or falsely represent your affiliation with any person or entity; (c) violate any intellectual property rights of any third party; (d) upload viruses, malware, or any other malicious code; (e) attempt to gain unauthorised access to any portion of the Platform, servers, databases, or networks connected to the Platform; (f) engage in any conduct that restricts or inhibits any other User's use or enjoyment of the Platform; (g) collect or harvest personal data of other Users without their consent; (h) use the Platform for any purpose that violates the Computer Misuse and Cybercrimes Act No. 5 of 2018.

6.3 Content Standards. All Content uploaded to the Platform must be accurate, relevant to legitimate field service operations, and free from material that could be considered offensive, discriminatory, or otherwise inappropriate in a professional context.

7. Data Protection and Privacy

7.1 Compliance with Kenyan Law. The Company processes Personal Data in accordance with the Data Protection Act No. 24 of 2019 and any regulations made thereunder. By using the Platform, you consent to the collection, processing, storage, and transfer of Personal Data as described in our Privacy Policy.

7.2 Data Controller. For the purposes of the Data Protection Act 2019, the Company acts as a Data Controller in respect of all Personal Data submitted to the Platform.

7.3 Your Rights as a Data Subject. Under the Data Protection Act 2019, you have the right to: (a) be informed of the use to which your Personal Data is put; (b) access your Personal Data held by the Company; (c) object to the processing of your Personal Data; (d) request the correction of false or misleading Personal Data; (e) request the deletion of your Personal Data, subject to legal retention obligations; (f) not be subject to automated decision-making that significantly affects you.

7.4 Data Retention. Personal Data is retained only for as long as necessary for the purposes for which it was collected, or as required by applicable law. Upon termination of your account, the Company will delete or anonymise your Personal Data within ninety (90) days, except where retention is required by law.

7.5 Data Localisation and Transfer. All Personal Data is primarily stored on servers located within the European Union (eu-west-1 region). To the extent that data is transferred outside Kenya, the Company shall comply with all applicable data transfer regulations under the Data Protection Act 2019.

7.6 Client Data. When you record Client information on the Platform, you represent and warrant that you have obtained all necessary consents from those Clients to collect and process their Personal Data, including signature data, in accordance with the Data Protection Act 2019.

8. Intellectual Property

8.1 Company Ownership. The Platform, including all software, design, code, trademarks, trade names, logos, and content created by the Company, is and shall remain the exclusive property of the Company and its licensors, protected under applicable intellectual property laws of Kenya and international treaties.

8.2 User Content. You retain ownership of all Content you create and upload to the Platform. By uploading Content, you grant the Company a worldwide, royalty-free, non-exclusive licence to use, store, process, and display such Content solely for the purpose of providing the Platform's services to you.

8.3 Feedback. Any suggestions, ideas, or feedback you provide to the Company may be used by the Company without restriction or compensation to you.

9. Payment and Subscription

9.1 Subscription Fees. Access to certain features of the Platform may be subject to subscription fees as set out in the applicable pricing schedule agreed between your Organisation and the Company. All fees are quoted in Kenyan Shillings (KES) unless otherwise agreed in writing.

9.2 Payment Terms. Subscription fees are due in advance of the applicable subscription period. The Company reserves the right to suspend or terminate access to the Platform in the event of non-payment within thirty (30) days of the due date.

9.3 Taxes. All fees are exclusive of applicable taxes. You are responsible for paying all taxes, levies, and duties imposed by applicable laws in Kenya or any other jurisdiction in connection with your use of the Platform, including VAT where applicable.

9.4 Refund Policy. Subscription fees are non-refundable except where required by the Consumer Protection Act No. 46 of 2012 or other mandatory applicable law, or where the Company expressly agrees otherwise in writing.

10. Disclaimers and Limitation of Liability

10.1 Platform Provided "As Is". The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, except to the extent that such warranties cannot be excluded under the Consumer Protection Act No. 46 of 2012.

10.2 Service Availability. The Company does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components. Scheduled and unscheduled maintenance, network outages, or events beyond the Company's reasonable control may result in temporary unavailability.

10.3 Limitation of Liability. To the maximum extent permitted by applicable Kenyan law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, business, data, or goodwill arising from your use or inability to use the Platform.

10.4 Maximum Liability. The Company's total aggregate liability to you for any claim arising under or in connection with these Terms shall not exceed the total fees paid by you or your Organisation to the Company in the twelve (12) months preceding the event giving rise to the claim, or KES 10,000, whichever is greater.

10.5 Indemnification. You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from: (a) your violation of these Terms; (b) your use of the Platform in violation of applicable law; (c) your infringement of any third-party rights; or (d) any Content you upload to the Platform.

11. Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary or confidential information disclosed in connection with the Platform, and not to disclose such information to any third party without prior written consent, except as required by law or as necessary to perform obligations under these Terms.

The obligations of confidentiality shall survive the termination or expiration of these Terms for a period of three (3) years.

12. Suspension and Termination

12.1 Termination by You. You may terminate your account at any time by contacting the Company. Termination does not entitle you to a refund of any prepaid subscription fees, except as required by applicable law.

12.2 Termination by Company. The Company may, at its sole discretion, immediately suspend or terminate your access to the Platform, without notice, if: (a) you breach any provision of these Terms; (b) the Company is required to do so by law or court order; (c) your conduct creates legal liability or reputational risk for the Company; (d) your account has been inactive for more than twenty-four (24) consecutive months.

12.3 Effect of Termination. Upon termination, your licence to use the Platform immediately ceases. You remain responsible for all obligations accrued prior to termination. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 8, 10, 11, 13, and 14.

13. Dispute Resolution

13.1 Negotiation. In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform, the parties shall first attempt to resolve the matter through good-faith negotiation for a period of thirty (30) days from the date either party notifies the other of the dispute in writing.

13.2 Mediation. If the dispute is not resolved through negotiation, either party may refer the matter to mediation administered by the Nairobi Centre for International Arbitration (NCIA) or such other mutually agreed mediator, before resorting to arbitration or litigation.

13.3 Arbitration. If mediation fails, the dispute shall be finally resolved by binding arbitration in accordance with the Arbitration Act (Cap 49) of Kenya, administered by the Nairobi Centre for International Arbitration. The seat of arbitration shall be Nairobi, Kenya. The arbitration shall be conducted in English. The decision of the arbitrator shall be final and binding on both parties.

13.4 Emergency Relief. Nothing in this Section shall prevent either party from seeking urgent or interim relief from a court of competent jurisdiction in Kenya where necessary to protect its rights pending the outcome of arbitration.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising from or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Subject to Section 13 above, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Kenya sitting in Nairobi for the purpose of any legal proceedings not subject to arbitration under these Terms.

15. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by an event or circumstance beyond that party's reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government actions, telecommunications or power outages, or pandemic.

16. Amendments

The Company reserves the right to amend these Terms at any time. Where the amendment is material, the Company will provide at least thirty (30) days' notice before the new Terms take effect, either by in-app notification, email to your registered address, or by posting the updated Terms within the Platform.

Your continued use of the Platform after the effective date of any amendment constitutes your acceptance of the revised Terms. If you do not agree with the amended Terms, you must cease using the Platform and delete your account.

17. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Platform and supersede all prior or contemporaneous negotiations, representations, warranties, agreements, or communications, whether written or oral, relating to the subject matter hereof.

19. Waiver

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach of the same or any other provision.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Platform, please contact us at:

Swavice
Email: legal@swavice.com
Support: support@swavice.com
Kingdom Business Centre, Nairobi, Kenya

These Terms were last updated on 3 June 2026 and are effective as of that date.