Terms of Service
These Terms of Service ("Terms") govern access to and use of Nichomez Enterprise's software, websites, APIs, and mobile applications (collectively, the "Service"). By creating an account, signing in, or using the Service, you agree to these Terms and our Privacy Policy.
1. The Service
Nichomez provides cloud software for help groups, GROUP/SACCOs, and cooperatives to manage members, ledgers, loans, contributions, payments, communications, and reporting. Each organization operates in an isolated tenant with its own officials, policies, and data.
2. Eligibility and accounts
- You must be invited or registered by a GROUP/SACCO that uses Nichomez, or be authorized to create a new tenant.
- You are responsible for safeguarding your login credentials and for all activity under your account.
- You must provide accurate information and promptly update details that affect financial records or communications.
- We may suspend or terminate access for suspected fraud, abuse, or violation of these Terms.
3. Roles: platform vs your organization
Nichomez provides the platform, security updates, shared integrations, and infrastructure.
Your GROUP/SACCO controls membership rules, loan products, contribution schedules, approvals, and how official decisions are recorded. Financial obligations between members and the GROUP/SACCO are governed by that organization's bylaws and policies — not by Nichomez.
4. Acceptable use
You agree not to:
- Use the Service for unlawful purposes or to misrepresent financial transactions.
- Attempt to access another tenant's data or bypass role-based permissions.
- Interfere with platform stability, scrape data without authorization, or reverse engineer the Service except where law permits.
- Upload malware, harass other users, or use automated tools in a way that impairs the Service.
5. Financial features and third-party payments
Payment features (including M-Pesa STK, paybill flows, and KCB e-wallet integration) depend on third-party networks and your GROUP/SACCO's configuration. Nichomez facilitates initiation and reconciliation but does not guarantee uninterrupted availability of external payment rails. You are responsible for verifying amounts, references, and recipient details before authorizing transactions.
6. Optional programs
Features such as debt collection hubs, member referral rewards, and incentive payouts are enabled per tenant by officials. Participation is subject to program rules configured by your GROUP/SACCO. Commissions, caps, and eligibility are defined by those rules, not by Nichomez unilaterally.
7. Communications
The Service may send SMS, email, and in-app notifications for operational purposes (reminders, approvals, security alerts). Message delivery depends on carriers and contact details you provide. Standard messaging rates from your operator may apply.
8. Intellectual property
Nichomez and its licensors own the Service, branding, and software. Your GROUP/SACCO retains ownership of its business data entered into the platform. You receive a limited, non-exclusive license to use the Service for your organization's internal operations while your subscription or agreement remains active.
9. Availability and changes
We strive for high availability but do not guarantee uninterrupted access. Maintenance, upgrades, and provider outages may cause temporary downtime. We may modify features with reasonable notice where practicable. Material changes to these Terms will be posted on this page.
10. Disclaimers
The Service is provided on an "as is" and "as available" basis to the extent permitted by law. Nichomez does not provide legal, tax, or investment advice. Reports and statements are generated from data entered and configured by your organization — officials should verify figures before regulatory or board submissions.
11. Limitation of liability
To the maximum extent permitted by applicable law, Nichomez Enterprise shall not be liable for indirect, incidental, special, or consequential damages, or for losses arising from third-party payment failures, incorrect data entry by users, or decisions made by your GROUP/SACCO. Our aggregate liability for direct damages arising from the Service shall not exceed the fees paid by your organization to Nichomez for the twelve months preceding the claim, or KES 50,000 if no fees were paid, whichever is greater.
12. Indemnity
You agree to indemnify Nichomez against claims arising from your misuse of the Service, violation of these Terms, or infringement of third-party rights, except where caused by Nichomez's gross negligence or willful misconduct.
13. Governing law
These Terms are governed by the laws of the Republic of Kenya. Disputes shall be subject to the exclusive jurisdiction of the courts of Kenya, without prejudice to mandatory consumer protections that may apply.
14. Contact
Nichomez Enterprise
Nairobi, Kenya
Platform: api.nichomez.com
Related document: Privacy Policy