Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Fynorg platform and services (the "Services") provided by Fynorg ("we," "us," or "our"). By creating an account or using our Services, you agree to be bound by these Terms.

1. The Services

Fynorg is a cloud-based platform designed to help non-governmental organizations (NGOs) and nonprofits manage their operations, including projects, budgets, approval workflows, human resources, and financial reporting. The Services include:

• Project and activity management with budget tracking
• Custom form builder and multi-step approval workflows
• Financial management, expenditure tracking, and donor reporting
• HR management including contracts, leave tracking, and staff documents
• Notifications via email, SMS, and in-app channels
• Optional add-on features such as Asset Management, Team Chat, Custom PDF Templates, and Advanced Workflow

2. Account Registration

To use the Services, you must register an account on behalf of your organization. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security of your password and account credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

The person who registers the organization account is designated as the organization administrator and is responsible for managing users, roles, and permissions within the platform.

3. Customer Data

"Customer Data" means all data, content, files, and information that you or your authorized users upload, submit, or store within the Services. You retain all rights, title, and interest in your Customer Data.

By using the Services, you grant us a limited license to host, store, process, and display your Customer Data solely for the purpose of providing and improving the Services. We will not access your Customer Data except as necessary to provide the Services, respond to support requests, or as required by law.

You are responsible for ensuring that you have the necessary rights and permissions to upload and process any data within the platform, including personal data of your organization's staff and stakeholders.

4. Intellectual Property

The Services, including all software, designs, text, graphics, and other content (excluding Customer Data), are owned by Fynorg and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms for the duration of your subscription.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights.
• Upload malicious software, viruses, or harmful code.
• Attempt to gain unauthorized access to other accounts, systems, or networks.
• Interfere with or disrupt the integrity or performance of the Services.
• Use the Services for any illegal, fraudulent, or deceptive purpose.
• Reverse engineer, decompile, or disassemble any aspect of the Services.
• Resell, sublicense, or redistribute the Services without authorization.

We reserve the right to suspend or terminate your access if we reasonably believe you have violated these acceptable use provisions.

6. Subscriptions and Fees

The Services are offered under various subscription plans with different features, storage limits, and staff capacity. Subscription details and pricing are available on our pricing page.

• Billing: subscriptions are billed monthly. Payment is due at the start of each billing period.
• Payment methods: we accept payments via M-Pesa, Stripe (credit/debit cards), PayPal, and bank transfer.
• Price changes: we may modify our pricing with at least 30 days' advance notice. Existing subscribers will be notified before any price change takes effect.
• Upgrades and downgrades: you may upgrade or downgrade your subscription plan at any time. Changes take effect at the start of the next billing period.
• Add-ons: optional add-on features are billed separately and can be activated or deactivated from your dashboard.

7. Free Trial

We offer a 7-day free trial for new organizations. During the trial period, you have full access to the features included in your selected plan. No credit card is required to start a trial.

At the end of the trial period, if you have not subscribed to a paid plan, your account will be suspended. Your data will be retained for a limited period to allow you to reactivate your subscription. If no payment is made within the retention period, your data may be permanently deleted.

8. Termination

8.1 Termination by You

You may stop using the Services at any time. To formally close your account and request data deletion, please contact us at support@fynorg.com.

8.2 Termination by Us

We may suspend or terminate your access to the Services if:

• You breach these Terms or our Acceptable Use policy.
• Your subscription payment is overdue beyond the applicable grace period.
• We are required to do so by law.
• We discontinue the Services (with reasonable advance notice).

8.3 Effect of Termination

Upon termination, your right to access the Services ceases. We will retain your data for a reasonable period to allow for reactivation or data export. After this period, your data will be permanently deleted.

9. Privacy and Security

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

We implement industry-standard security measures including encryption, two-factor authentication, role-based access controls, and tenant-level data isolation. However, you are responsible for maintaining the security of your account credentials and for any actions taken through your account.

10. Service Availability

We strive to maintain high availability of the Services but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control.

We will make reasonable efforts to notify you in advance of any planned maintenance that may affect the availability of the Services.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Fynorg shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Services.

Our total liability for any claims arising under these Terms shall not exceed the total amount you paid to us for the Services during the twelve (12) months preceding the claim.

12. Warranty Disclaimer

The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. You use the Services at your own risk.

13. Indemnification

You agree to indemnify, defend, and hold harmless Fynorg and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any rights of a third party.
• Your Customer Data or any content you upload to the platform.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Kenya.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will provide notice through the Services or via email at least 30 days before the changes take effect.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

16. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: legal@fynorg.com
• Contact form: fynorg.com/contact