Terms of Service

Effective: 10 August 2026

These Terms of Service (“Terms”) are a binding agreement between you and Hitaji Technologies LLC, a Delaware limited liability company doing business as Fundify (“Fundify”, “we”, “us”, or “our”). Our principal operations are in Uganda. These Terms govern access to Fundify’s websites, applications, support, and related services (the “Service”). If you use the Service for an organisation, investment club, savings group, chama, or other entity, you represent that you can bind that entity; “Customer” then means that entity.

By creating an account, accepting an order form, or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Agreement structure

These Terms, any order form or enterprise agreement, our Privacy Policy, Acceptable Use Policy, and, where applicable, our Data Processing Addendumform the agreement. An order form controls for its specific commercial terms; a signed enterprise agreement controls over these Terms where they conflict.

2. Eligibility and accounts

You must be at least 18 and legally capable of entering a contract. You must provide accurate information, protect your credentials, use reasonable security controls, and promptly notify us of suspected unauthorised access. You are responsible for activity under your account except to the extent caused by our breach of this agreement.

3. Customers, administrators, and authorised users

A Customer may invite authorised users and assign administrators, treasurers, and other roles. Customer controls its users, permissions, club rules, and Customer Data. Customer is responsible for obtaining all notices, consents, and legal bases needed for Fundify to process Customer Data and for the legality and accuracy of instructions given through its accounts.

Administrators may access, export, change, or delete Customer Data and restrict a user’s access. If you join a Customer account, your use is subject to that Customer’s control. Disputes about internal authority, membership, records, loans, or distributions are between the Customer and its members.

4. The Service

Fundify provides record-keeping and workflow tools for contributions, internal loans, fines, assets, income, expenses, approvals, documents, reports, and profit distributions. Fundify is not a bank, custodian, money transmitter, investment adviser, broker, insurer, accountant, law firm, or licensed money lender. We do not hold or control club funds and do not execute investments or member loans.

Outputs, calculations, reports, reminders, and AI-assisted responses may contain errors and must be reviewed by qualified people. Customer alone makes financial, investment, lending, tax, accounting, and legal decisions and remains responsible for required books and filings.

5. Our commitments

We will provide the Service with reasonable skill and care, maintain administrative, technical, and organisational safeguards appropriate to the risk, and comply with laws applicable to us as a service provider. We may update the Service, but will not materially reduce the core functionality of a paid Service during a current subscription term without a reasonable substitute or remedy.

6. Customer Data

6.1 Ownership and instructions

As between the parties, Customer owns Customer Data. Customer grants us a worldwide, non-exclusive licence to host, copy, transmit, process, display, and otherwise use Customer Data only to provide, secure, support, and improve the Service; comply with law; and follow Customer’s documented instructions. The DPA provides additional terms for personal data we process on Customer’s behalf.

6.2 Aggregated data

We may create and use statistics derived from use of the Service only when aggregated or de-identified so they do not identify Customer or an individual. We do not sell Customer Data or use club financial records for targeted advertising.

6.3 Export and deletion

Customers may export data using available reporting tools. A deleted club is normally recoverable for 30 days and is then deleted from the active database, subject to limited retention in backups, security records, billing records, or where law requires. Customers should export needed records before termination.

7. AI features

If Customer uses an AI feature, prompts, relevant conversation content, and information retrieved by authorised Fundify tools may be sent to our AI service provider to generate a response. AI features do not act with independent authority: permissions and any required approvals remain applicable. Customer must not use AI output as the sole basis for high-impact financial, legal, employment, credit, or similar decisions about a person.

8. Fees, billing, and taxes

Paid plans are billed as shown at purchase or in an order form. Unless stated otherwise, subscriptions automatically renew for successive periods, fees are charged in advance, and quantities may be based on members or other usage. Stripe processes payments under its own terms. Customer authorises recurring charges and must keep billing details current.

Fees exclude applicable taxes, duties, and levies, which Customer is responsible for except taxes on our net income. Payments are non-refundable except where this agreement, an order form, or mandatory law says otherwise. Customer may dispute a suspected billing error by contacting us within 30 days of the charge.

We may change self-service pricing on at least 30 days’ notice, effective no earlier than the next renewal. Enterprise pricing changes are governed by the applicable order form.

9. Intellectual property

We and our licensors own the Service, documentation, designs, software, and related intellectual property. Subject to this agreement, we grant Customer a limited, non-exclusive, non-transferable right during the subscription term to use the Service for its internal operations. Rights not expressly granted are reserved.

If you provide feedback, you grant us a perpetual, worldwide, irrevocable, royalty-free right to use it without identifying you or owing compensation. Neither party may use the other’s name or marks publicly without prior written consent, except as required by law.

10. Confidentiality

Each recipient will protect the other party’s non-public information using at least reasonable care, use it only to perform this agreement, and disclose it only to personnel and providers who need to know and are bound by confidentiality duties. These duties do not apply to information independently developed, rightfully received without restriction, publicly available without breach, or approved for release. A recipient compelled to disclose information will, where legally permitted, give prompt notice and reasonable assistance.

11. Acceptable use and third-party services

Customer and its users must comply with our Acceptable Use Policy. The Service may interoperate with third-party services selected by Customer. We are not responsible for third-party services, and their terms govern the relationship between Customer and their provider.

12. Suspension

We may suspend affected access where reasonably necessary to prevent a security risk, unlawful use, material harm, or a continuing material breach, or where payment is overdue. Where practical, we will give notice and limit the suspension in scope and duration. We will restore access promptly after the cause is resolved.

13. Term and termination

These Terms apply while you use the Service. Customer may cancel a self-service subscription through billing settings, effective at the end of the current period. Either party may terminate for an uncured material breach after 30 days’ written notice, or immediately if the other party becomes insolvent or continued performance would violate law. We may terminate a free account on reasonable notice.

On termination, access ends and unpaid fees become due. Sections that by nature should survive—including payment obligations, confidentiality, intellectual property, disclaimers, liability, indemnity, and dispute terms—will survive.

14. Warranties and disclaimers

Each party warrants it has authority to enter this agreement. Except for the express commitments in this agreement and to the maximum extent permitted by law, the Service is provided “as is” and “as available”. We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing. We do not warrant uninterrupted or error-free operation, preservation of every item of data, or that outputs satisfy Customer’s legal or accounting obligations.

15. Indemnification

Customer will defend and indemnify Fundify and its personnel against third-party claims arising from Customer Data, Customer’s use of the Service in breach of this agreement, or Customer’s financial arrangements with its members. We will defend and indemnify Customer against a third-party claim that the paid Service, when used as authorised, infringes that party’s intellectual property rights. Our obligation does not cover claims caused by Customer Data, modifications not made by us, combinations we did not provide, or use after we notify Customer to stop. The indemnified party must promptly notify the other, give reasonable cooperation, and allow control of the defence, while no settlement may admit fault or impose a non-monetary obligation without consent.

16. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profits, revenues, goodwill, or data, even if advised of their possibility. Except for excluded claims, each party’s aggregate liability arising from the agreement will not exceed fees paid or payable for the Service during the 12 months before the event giving rise to liability.

The exclusions and cap do not apply to fraud, wilful misconduct, Customer’s payment obligations, infringement or misuse of the other party’s intellectual property, or liabilities that cannot lawfully be limited. Nothing excludes rights or remedies that mandatory law does not allow the parties to exclude.

17. Changes

We may update these Terms. We will give at least 30 days’ notice of a material adverse change, unless a faster change is required for law, security, or prevention of abuse. Changes take effect on the stated date. If Customer objects to a material adverse change, it may stop using the Service and cancel before that date; continued use afterward constitutes acceptance.

18. Governing law and disputes

Uganda law governs this agreement, without regard to conflict-of-law rules. This choice does not deprive a person of protections that cannot be excluded under the mandatory laws applicable where that person resides or where we provide the Service. Before filing a claim, each party will give written notice and try in good faith for 30 days to resolve the dispute through authorised representatives. If unresolved, the courts of competent jurisdiction in Kampala, Uganda have exclusive jurisdiction. Either party may seek urgent injunctive relief for misuse of intellectual property, confidential information, or a security threat.

19. General

Neither party is liable for delay caused by events beyond its reasonable control, excluding payment obligations. Neither party may assign this agreement without consent, except to an affiliate or in a merger, reorganisation, or sale of substantially all relevant assets, provided the assignee assumes the obligations. The parties are independent contractors. There are no third-party beneficiaries. If a provision is unenforceable, it will be limited to the minimum necessary and the rest remains effective. Failure to enforce a provision is not a waiver. This agreement is the entire agreement on its subject matter. Electronic notices and signatures are valid to the extent permitted by law.

20. Contact

Legal notices to Hitaji Technologies LLC, doing business as Fundify, must be sent to hello@contact.usefundify.comwith the subject “Legal Notice”. We may send notices to the email associated with Customer’s account or through the Service.