Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Smart Shamba livestock GPS tracking platform ("Service") operated by Smart Shamba ("we", "us", or "our"). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.

1. The Service

Smart Shamba provides a software-as-a-service (SaaS) platform that enables livestock farmers to:

• Track the real-time GPS location of animals fitted with compatible GPS collars.
• Define geofence boundaries and receive alerts when animals leave or enter them.
• Monitor device health (battery, signal) and animal movement history.
• Receive SMS and in-app notifications for configurable alert types.

The Service requires compatible third-party GPS tracking hardware (collars/trackers), which you purchase independently. Smart Shamba is not a hardware manufacturer and is not liable for hardware failures.

2. Accounts

• You must be at least 18 years old to create an account.
• You must provide accurate and complete registration information.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• Notify us immediately at hello@smartshamba.io if you suspect unauthorised access to your account.
• Each account is for use by a single farm/individual. You may not share accounts or resell access.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to track any person or animal without lawful authority.
• Attempt to reverse-engineer, decompile, or access the source code of the platform.
• Use automated scripts, bots, or scrapers to access the Service.
• Attempt to circumvent any security measures or access controls.
• Transmit any malicious code, viruses, or harmful content.
• Use the Service in a way that degrades performance for other users.
• Provide false information during registration or while using the Service.

4. SMS Notifications

The Service can send SMS alerts to phone numbers you register. By registering a phone number, you confirm that:

• You are the owner or authorised user of that number.
• You consent to receiving SMS messages from Smart Shamba for alert purposes.

Standard SMS charges from your mobile network operator may apply. Smart Shamba is not liable for SMS delivery failures caused by network conditions, carrier restrictions, or incorrect phone numbers you provide.

5. GPS Accuracy and Service Limitations

GPS location data is inherently subject to technical limitations including, but not limited to:

• Signal interference from terrain, vegetation, or buildings.
• Network coverage gaps in rural areas.
• Device battery depletion causing tracking gaps.
• Latency between a device's physical position and its reported position.

Smart Shamba does not guarantee uninterrupted or perfectly accurate location data. You must not rely on the Service as the sole means of animal security or welfare monitoring. The Service is a supplementary tool and does not replace physical farm management practices.

6. Intellectual Property

The Smart Shamba platform, including all software, designs, logos, and content created by us, is owned by Smart Shamba and protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose.

You retain all rights to your data (see our Data Ownership Policy). You grant us a limited licence to store and process your data solely to provide the Service.

7. Fees and Billing

Certain features of the Service may require a paid subscription. Applicable fees, billing cycles, and plan details are set out in the app under Settings → Billing. By subscribing, you authorise us to charge the payment method on file on a recurring basis until you cancel.

• All fees are stated in USD unless otherwise specified at checkout (Kenyan customers pay in KES).
• Fees are non-refundable except as required by applicable consumer protection law.
• We reserve the right to change pricing with at least 30 days' notice to your registered email address.
• Failure to pay may result in suspension or termination of your account.

8. Suspension and Termination

We may suspend or terminate your account, at our discretion, if:

• You violate these Terms or our Acceptable Use policy.
• Payment obligations are not met.
• We are required to do so by law.
• Your use of the Service poses a risk to other users or our infrastructure.

You may delete your account at any time from Settings → Account. Upon deletion, your data will be permanently erased within 30 days in accordance with our Privacy Policy.

9. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Smart Shamba disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or free from security vulnerabilities.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Smart Shamba shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of livestock, loss of revenue, or data loss, arising from your use of or inability to use the Service, even if advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to these Terms shall not exceed the amount you paid to Smart Shamba in the 3 months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smart Shamba and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with:

• Your use of or inability to use the Service.
• Your violation of these Terms or any applicable law.
• Your violation of any third-party rights.
• Any data you submit, upload, or transmit through the Service.

12. Force Majeure

Smart Shamba shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, power outages, internet or telecommunications infrastructure failures, civil unrest, government action, network congestion, or acts of third parties (including GPS satellite operators, mobile network operators, and hardware manufacturers). We will use reasonable efforts to resume normal operations as promptly as possible.

13. Consumer Protection

Nothing in these Terms limits or excludes any rights you have as a consumer under applicable consumer protection legislation (including, where applicable, the Kenya Consumer Protection Act 2012). Where any provision of these Terms conflicts with mandatory consumer protection rights under applicable law, those statutory rights shall prevail to the extent of the conflict.

14. Electronic Communications

By creating an account, you consent to receiving electronic communications from Smart Shamba (including email and SMS) as necessary to operate your account and deliver the Service, in accordance with the Kenya Information and Communications Act (Cap 411A) and the Kenya Communications (Consumer Protection) Regulations 2010. Where applicable, electronic agreements formed through the Service have the same legal validity as written agreements under the Kenya Information and Communications (Electronic Transactions) Regulations 2010.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Kenya. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya. Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of 30 days. Where the Service is used from Uganda, mandatory consumer and data protection provisions of Ugandan law (including the Uganda Data Protection and Privacy Act 2019) shall apply to the extent required.

16. Changes to These Terms

We may revise these Terms from time to time. We will notify you of material changes by email or in-app notice at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

17. Contact

For questions about these Terms, contact us at: