Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of our software, website, and related services ("the Services"). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Services.

We are a fully registered company based in Kampala, Uganda, founded in 2018. These Terms apply to all users of our Platform, including businesses, individuals, and organisations, regardless of their location.

2. Definitions

In these Terms, the following definitions apply:

"Company," "We," "Us," "Our": Refers to the software company providing the Platform.
"User," "You," "Your": Refers to any person or entity using our Platform or Services.
"Platform," "Software," "Services": Refers to our web-based business management platform, including all modules, features, and related content.
"Modules": Refers to all integrated business management modules: Recruitment, HR, Point of Sale, Hotel/Bar/Restaurant, Real Estate, Laundry, Expense Tracking, and Financial Reporting.
"Content": Refers to any data, information, materials, or files uploaded, stored, or processed by you on our Platform.
"Subscription," "Plan": Refers to the paid or free service package that allows you to access our Platform.

3. Acceptance of Terms

By registering for an account, accessing our Platform, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

We reserve the right to update or modify these Terms at any time. We will notify you of significant changes via email or in-app notifications. Your continued use of our Platform after such changes constitutes your acceptance of the updated Terms.

4. User Accounts

a. Registration

To access certain features of our Platform, you must register for an account or have an activated one.

You agree to:

Provide accurate, complete, and current information during registration.
Maintain and promptly update your account information.
Keep your login credentials confidential and secure.
Notify us immediately of any unauthorised use of your account.

b. Account Security

You are solely responsible for all activities that occur under your account. We recommend using strong passwords and enabling two-factor authentication where available. We are not liable for any loss or damage arising from your failure to protect your account credentials.

c. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in unlawful activity. You may also terminate your account at any time by contacting our support team.

5. Subscriptions and Payments

a. Subscription Plans

We offer various subscription plans, including free trials and paid plans. The features, pricing, and limitations of each plan are as communicated at onboarding. We reserve the right to modify our pricing and features at any time, with reasonable notice.

b. Billing and Payment

Payments are processed through secure third-party payment gateways.
You authorise us to charge the payment method provided for all fees associated with your selected or subscription plan.
All fees are quoted in [Currency] and are exclusive of applicable taxes, which are your responsibility.
Subscription fees are non-refundable unless otherwise stated.

c. Free Trials

If we offer a free trial, you may cancel before the trial ends to avoid being charged. We reserve the right to modify or terminate free trials at any time without notice.

6. User Obligations and Acceptable Use

a. Your Obligations

You agree to use our Platform in compliance with all applicable laws and regulations. You shall not:

Use the Platform for any unlawful, fraudulent, or harmful purpose.
Upload, store, or transmit any content that is defamatory, obscene, offensive, or infringing on the rights of others.
Attempt to gain unauthorised access to our systems or other users' accounts.
Reverse engineer, decompile, or disassemble any part of our Platform.
Use the Platform to transmit viruses, malware, or other harmful code.
Interfere with the proper functioning of our Platform or its infrastructure.
Use automated scripts or bots to access our Platform without our express consent.

b. Business Data

You retain full ownership of the business data you upload to our Platform. We act as a data processor and only use your data to provide the Services you have subscribed to.

7. Intellectual Property

a. Our Intellectual Property

All content, features, design, source code, trademarks, logos, and other materials on our Platform are the intellectual property of our Company. You are granted a limited, non-exclusive, non-transferable license to use our Platform for your internal business purposes. You may not copy, modify, reproduce, distribute, or create derivative works without our prior written consent.

b. Your Intellectual Property

You retain all rights to the content you upload to our Platform. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and display your content solely to provide the Services to you.

8. Data Privacy and Security

Your privacy is important to us. Our collection, use, and protection of your personal data are governed by our Privacy Statement, which is incorporated by reference into these Terms. By using our Platform, you consent to our data practices as described in the Privacy Statement.

We implement industry-standard security measures to protect your data against unauthorised access, alteration, disclosure, or destruction. However, no method of transmission over the internet is completely secure. You acknowledge that you use our Platform at your own risk.

9. Third-Party Integrations

Our Platform may integrate with third-party services, applications, or payment gateways. Your use of such third-party services is subject to their respective terms and privacy policies. We are not responsible for the actions, content, or practices of any third-party services.

10. Warranties and Disclaimers

a. As-Is Basis

Our Platform and Services are provided "as is" and "as available" without any warranties, express or implied, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Warranties that our Platform will be uninterrupted, error-free, or completely secure.

b. No Advice

Our Platform does not provide legal, financial, or professional advice. Any information provided is for general informational purposes only. You should consult qualified professionals for specific advice related to your business.

11. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages.
Loss of profits, revenue, data, or business opportunities.
Damages arising from your use of or inability to use our Platform.
Claims arising from third-party conduct or content.

Our total liability to you for any claim arising out of or relating to these Terms or our Services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless our Company, its directors, officers, employees, and affiliates from any claims, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from:

Your violation of these Terms.
Your unlawful use of our Platform.
Any content you upload or transmit.
Your violation of any third-party rights, including intellectual property rights.

13. Termination and Suspension

a. Termination by You

You may terminate your account at any time by contacting our support team or through account settings. Upon termination, your access to our Platform will be revoked, and your data may be deleted in accordance with our Privacy Statement.

b. Termination by Us

We may suspend or terminate your account immediately if we believe:

You have violated these Terms.
Your use poses a security risk or violates applicable law.
You have failed to pay subscription fees.

We will notify you of any termination or suspension and provide a reasonable opportunity to rectify the issue where possible.

c. Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will cease. You will no longer have access to your account or content. We are not responsible for any loss of data resulting from termination.

14. Governing Law and Dispute Resolution

a. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Uganda, without regard to its conflict of laws principles.

b. Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through informal negotiations. If the dispute cannot be resolved within thirty (30) days, it shall be submitted to mediation before a mutually agreed mediator. If mediation fails, the dispute shall be resolved by binding arbitration in accordance with the rules of the Kampala Arbitration and Mediation Centre (KAMC) or another agreed arbitration body.

c. Jurisdiction

If arbitration is not applicable, you agree to submit to the exclusive jurisdiction of the courts of Kampala, Uganda.

15. Service Level and Availability

We strive to ensure that our Platform is available 24/7, except for:

Scheduled maintenance (which we will communicate in advance).
Unplanned outages due to technical issues or force majeure events.

We do not guarantee uninterrupted access to our Services, and we are not liable for any downtime or loss of data during such events.

16. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms if such failure is caused by events beyond our reasonable control, including but not limited to:

Natural disasters.
War, terrorism, or civil unrest.
Epidemics or pandemics.
Government regulations or actions.
Network or infrastructure failures.
Internet service provider outages.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

18. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision or any other provision in the future.

19. Entire Agreement

These Terms, together with our Privacy Statement and any other policies referenced herein, constitute the entire agreement between you and our Company regarding your use of our Platform and Services. They supersede all prior agreements, representations, and understandings.

20. Contact Us

If you have any questions, concerns, or requests regarding these Terms and Conditions, please reach out to us:

Company Name: Favione Limited
Registration Number: 80020001400562
Physical Address: Kampala, Uganda
Email: [email protected]
Phone: +256 (0) 754 355 081
Website: www.favione.com

21. Changes to These Terms

We reserve the right to amend or update these Terms at any time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes via:

Email notifications to your registered email address.
In-app announcements.
Posting the updated Terms on our website.

Your continued use of our Platform after the effective date of any changes constitutes your acceptance of the new Terms.

Thank you for choosing our Platform. We are committed to helping you manage your business with confidence and look forward to serving you.