EBM SUITE is a set of business management tools developed and owned by Sibasi Ltd ("Sibasi," "we," "our," or "us"). This Privacy Policy and Terms of Use ("Policy" or "Terms") govern the collection, use, and protection of your data when you use EBM SUITE ("the App", "the Service", "the Solution", the "Product") as well as the permitted use. EBM SUITE may be referred to as the “App”, “Application”, “Webapp”, “EBM_SUITE”, “EBM SUITE”, "Service" or “Software” in this policy and terms.
By accessing or using the App in any form (web, mobile, desktop, bots or APIs), you agree to the terms outlined in this Policy and Terms of Use. IT IS IMPORTANT THAT YOU READ THIS AGREEMENT CAREFULLY. If you are under the age of 13, you may not use this Service. Capitalized or italicized terms used throughout this Agreement will have the meanings specified herein, including the defined terms contained in the “Definitions” section below.
At Sibasi, our mission is to provide you with Services and Solutions Invested and Integrated in your Business for you to Achieve Success and Impact. Your trust and partnership as our customer is very important to us. That’s why we provide and update these terms to ensure you fully understand how we process your information.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND THAT YOU HAVE AGREED TO THESE TERMS ON BEHALF OF ANY PERSON OR ENTITY FOR WHOM YOU ARE USING THE SERVICES. The individual who accepts these terms represents that he or she is authorized to enter into this Agreement on behalf of all members and users of their organization, affiliates, partners, customers, store or group. This agreement is governed by the laws of Kenya.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service and you should regularly check for the most recent version. The most recent version is the version that applies. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use the App, you agree to the amended Terms. If you do not agree to the changes, you must stop using EBM Suite immediately. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
Sibasi Ltd is the company that develops, maintains and provides EBM Suite. Sibasi owns all rights relating to EBM Suite unless where it is expressly stated. All content and materials within EBM Suite, unless expressly stated, including but not limited to software, logos, text, graphics, images, videos, and any other content, are the intellectual property of Sibasi Ltd and are protected by copyright laws. All rights are reserved.
The App makes use of various technologies from third parties, each of which retains their original license. The copyright for this components are as specified by the third parties.
These terms are an extension of the Sibasi general Privacy Policy as well as the general Sibasi Terms of Use . By visiting the website, downloading the mobile applications, creating an account, whether through a mobile device, mobile application, web browser, computer or any other EBM Suite interaction channel such as bots (collectively, the "Service"), you fully agree to this agreement and the Sibasi privacy policy and terms of use. If you do not accept and agree to be bound by all of the terms of this Agreement and the Sibasi general terms of use and privacy policy, please do not use the Service.
You acknowledge that you have read and understood these Terms, and that you have agreed to these Terms on behalf of any person or entity for whom you are using the Services.
The individual who accepts these terms represents that he or she is authorized to enter into this Agreement on behalf of all members and users of their organization, affiliates, store or group.
We are always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service, however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play, Apple, Stripe) to avoid additional billing. We may terminate your account at any time without notice if we believe that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate as provided in the termination terms of this Agreement.
License grant - EBM Suite (the Service) is licensed and not sold. Upon Sibasi’s acceptance of each order and subject to your compliance with this Agreement, we grant you the user and your affiliates (collectively, "Customer") a non-exclusive and limited license to use the Service ordered as provided in the applicable Use Rights and this Agreement. These licenses are solely for your own use and business purposes and are nontransferable except as expressly permitted under this Agreement or applicable law.
Duration of licenses - Licenses granted on a subscription basis expire at the end of the applicable subscription period unless renewed. Licenses granted for metered Services billed periodically based on usage continue as long as you continue to pay for the usage of the Service.
End Users – You will control access to and use of the Service by End Users and you are responsible for any use of the Service that does not comply with this Agreement. You may order the Service for use by your Affiliates. If you do, the licenses granted to you under this Agreement will apply to all such Affiliates, but you will have the sole right to enforce this Agreement with us. You will remain responsible for all obligations under this Agreement and for its Affiliates’ compliance with this Agreement.
Reservation of Rights - We reserve all rights not expressly granted in this Agreement. Products and Services are protected by copyright and other intellectual property laws and international treaties. No rights will be granted or implied by waiver or estoppel.
Restrictions Restrictions - Except as expressly permitted in this Agreement or Product/Service documentation, you must not (and you are not licensed to): (1) reverse engineer, decompile, or disassemble any Product or Service, or attempt to do so; (2) install or use non-Sibasi software or technology in any way that would subject Sibasi’s intellectual property or technology to any other license terms; (3) work around any technical limitations in a Product or restrictions in Product or Service documentation; (4) separate and run parts of a Product or Service on more than one device; (5) upgrade or downgrade parts of a Product or Service at different times; (6) transfer parts of a Product or Service separately; or (7) distribute, sublicense, rent, lease, or lend any Products or Services, in whole or in part, or use them to offer hosting services to a third party.
License transfers - You may only transfer fully-paid, perpetual licenses to (1) an Affiliate or (2) a third party solely in connection with the transfer of hardware to which, or employees to whom, the licenses have been assigned as part of (a) a divestiture of all or part of an Affiliate or (b) a merger involving Customer or an Affiliate. Upon such transfer, you must uninstall and discontinue using the licensed Product and render any copies unusable. You must notify Sibasi of a License transfer and provide the transferee a copy of these General Terms, the applicable Use Rights and any other documents necessary to show the scope, purpose and limitations of the licenses transferred. Attempted license transfers that do not comply with this section are void.
Subscription Services: Subscription Services: EBM Suite offers subscription-based services ("Subscriptions") that grant access to various features and tools within the App. Subscriptions may be subject to periodic fees, which will be clearly communicated to you. Sibasi reserves the right to adjust the fees at any time.
Changes and Termination: Sibasi Ltd reserves the right to update, change, or terminate Subscriptions at any time, with or without notice. We will strive to notify users of any changes to Subscriptions and their associated fees. We may delete, remove or change any data, users or information related to subscriptions that haven't been renewed or after a period of inactivity on the App.
By using the EBM Suite App, you agree to the following terms of use:
Personal Data - You consent to the processing of Personal Data by Sibasi and its Affiliates, and their respective agents and subcontractors, as provided in this Agreement. Before providing Personal Data to Sibasi, you will obtain all required consents from third parties (including your contacts, Partners, distributors, administrators, and employees) under applicable privacy and data protection laws.
Location of Personal Data - To the extent permitted by applicable law, Personal Data collected under this Agreement may be transferred, stored and processed in Kenya or any other country in which Sibasi or its Affiliates, or their respective agents and subcontractors, maintain facilities. Sibasi will abide by the requirements of European Economic Area and Swiss data protection law regarding the collection, use, transfer, retention, and other processing of Personal Data from the European Economic Area and Switzerland.
We collect the following personal information including but not limited to:
We collect your personal information in a variety of ways, including but not limited to:
We use your personal information for the following purposes:
We may share your personal information with the following third parties:
Contact List Information - By using the EBM Suite App, you acknowledge and agree to the following terms regarding the handling of contact list information:
Sibasi Ltd. will use the data collected from users in accordance with the Data Protection Act of Kenya.
The App may embed third-party services, such as Google Analytics, to ensure that the EBM Suite service runs very well. Sibasi Ltd is not responsible for the privacy practices of these third-party services.
By joining EBM Suite challenges, competitions, and marketing promo activities, you expressly consent to the following:
Leaderboard Display: You agree to have your name displayed on the EBM Suite leaderboard associated with the challenges, competitions, and marketing promo activities. The leaderboard may be accessible to other participants and visitors to the EBM Suite platform.
Contact Permission: You consent to us contacting you regarding EBM Suite challenges, competitions, and marketing promo activities, including but not limited to updates, announcements, and information related to your participation.
Use of Challenge Information: You grant us permission to use the information you provide during EBM Suite challenges, competitions, and marketing promo activities for the purpose of organizing, managing, and promoting these events. This may include, but is not limited to, the display of your progress, achievements, and other event-related information.
Social Media Display: You consent to the display of your name, photos, and video recordings on our official social media platforms, even if you do not emerge as a winner in the challenges, competitions, and marketing promo activities. This may include posts, mentions, or other forms of recognition related to your participation.
Exclusions and Violations: You acknowledge that your participation in EBM Suite challenges, competitions, and marketing promo activities is voluntary. You understand that we are free to exclude you from participation at any time without your approval, especially in the case of any violation of standard free and fair participation. Any exclusion will be in accordance with the terms outlined in the privacy policy, and you can refer to the privacy policy for the process of requesting exclusion.
Please note that your participation in EBM Suite challenges is voluntary, and you can revoke these consents at any time by contacting us through the provided communication channels.
Confidential Information – “Confidential Information” means non-public information that is designated “confidential” or that a reasonable person should understand is confidential, including, but not limited to: your Data, the terms of this Agreement, and other non-public technical or business information. Confidential Information does not include information that becomes publicly available without a breach of confidentiality obligation, that the receiving party received lawfully from a third party, or that the receiving party independently developed (as long as it does not suggest the work relied on the other party’s business or product information).
Protection of Confidential Information – Each party will take reasonable steps to protect the other’s Confidential Information and will use the other party’s Confidential Information only for purposes of the parties’ business relationship. Each party may disclose Confidential Information to its Representatives as long as they are under a non-disclosure obligation at least as protective as this Agreement. Each party is also responsible for any misuse of Confidential Information by its Representatives and in the event of discovery of any unauthorized use or disclosure, must promptly notify the other party. The Online Services team may provide additional notices regarding the disclosure and use of your data.
Disclosures required by law – A party may disclose the other’s Confidential Information if required by law, but only after it notifies the other party (if legally permissible) to enable the other party to seek a protective order.
Residual Information – Neither party is required to restrict work assignments for its Representatives who have had access to Confidential Information. Each party agrees that use of information retained in Representatives’ unaided memories in the development or deployment of their respective products or services does not create liability under this Agreement for such use (even if such use is disclosed to the other accordingly).
Duration of Confidentiality obligation – These obligations apply: (1) for your Data, until it is deleted from the Online Services; and (2) for all other Confidential Information, for a period of five years after a party receives the Confidential Information.
The parties will select and either jointly or separately engage counsel described in this section and will pay the amount of any resulting adverse final judgment or approved settlement, but only if the defending party is promptly notified in writing of the claim. The party seeking defense of the claim must reasonably cooperate with the defending party and their engaged attorneys, including sharing information. The defending party will reimburse the other party for reasonable out-of-pocket expenses it incurs assisting in the defense. This section describes the parties’ role as mediators and denies liability for such claims.
To the extent permitted by applicable law, you will defend Sibasi and its Affiliates against any third-party claim to the extent it alleges that: (1) any of your actions, Sibasi Product hosted in an Online Service by Sibasi on your behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) your use of any Product, alone or in combination with anything else, violates the law or harms a third party.
Sibasi is not liable for losses that arise from or are a direct or indirect result of: (1) your failure to comply with this Agreement; (2) your failure to comply with this Section. Including any failure of a person who accesses and uses our website or Services to pay for any use of the Business; (3) how “costs” are meant, including loss of profits, revenues, data, or any other damages. Sibasi is also not liable for any incidental or consequential damages or loss of data, loss of profits, or interruption of business. However, caused or on any theory of liability.
Sibasi's prices exclude applicable taxes unless identified as tax-inclusive. If any amounts are to be paid to Sibasi, you shall pay or may be obligated while using Sibasi’s gross revenues for applicable taxes or other amounts to government authority. Sibasi shall not pay taxes imposed on your profits, and taxes are your payment responsibility.
If any taxes are required to be withheld on payments invoiced by Sibasi, you may deduct such taxes from the amount owed and pay them to the appropriate taxing authority, but only if you promptly provide Sibasi an official receipt for those withholdings and other documents reasonably requested to allow Sibasi to claim a refund. You will ensure that any taxes withheld are minimized to the extent possible under applicable law.
Independent contractor – The parties are independent contractors. You and Sibasi each may develop products independently without using the other’s Confidential Information.
Agreement not exclusive – You are free to enter agreements that license, use, and promote the products and services of others.
Waiver – Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.
Severability – If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect.
Survival – All provisions that survive termination of this Agreement (except those requiring performance during the term) survive termination.
Notices – Notices must be in writing and will be deemed delivered on the date received at the address shown on the return receipt, email transmission, or date on the courier as fax confirmation of delivery. Notices to Sibasi must be sent to the following address:
Legal: P.O. Box 37602 – 00100, GPO, Nairobi, and must be copied to legalSibasi.io
Notices to you will be sent to the individual at the address you identified in your account as your contact for notices. Sibasi may send notices and other information to you by email or other electronic forms.
Governing law – This Agreement will be governed by and construed in accordance with the laws of Kenya.
Force Majeure – If after commencement of this term either party is either wholly or substantially delayed or the performance thereof rendered wholly or substantially impossible by reasons beyond the parties’ reasonable control (including flood, earthquake, riot, or civil unrest, fire, labor strikes, embargo, government actions, or cyber authority), the force majeure defense is not invoked, and the obligations of both parties shall cease during such impossibility. If any obligations are left incomplete by the end of this term, those obligations may be assumed by Sibasi for their value based on fair market value or cost of business. Provided that this shall exclude any expenses or losses caused by or arising out of force majeure.
Sibasi Affiliates and contractors – Sibasi may perform its obligations under this Agreement through its Affiliates and our contractors to provide certain services. Sibasi remains responsible for their performance.
Order of precedence – These General Terms will take precedence over any conflicting terms in other documents that are part of this Agreement that are not expressly resolved in those documents, except that conflicting terms in the Product Terms, as published on the Licensing Site and updated from time to time, will prevail over conflicting terms in the Product Terms. Terms in an amendment executed under the terms and conditions will prevail over conflicting terms in these General Terms unless otherwise expressly amended in writing.
Dispute Resolution – The parties shall use their best efforts to resolve amicably all disputes arising out of this Agreement. Where amicable settlement of such disputes is not possible within thirty (30) days of receipt by one party of the other party’s written notice of a dispute, the parties will escalate the dispute that shall be referred to arbitration in accordance with the Nairobi Centre for International Arbitration (NCIA) Rules and the Arbitration Act. No. 4 of 1995. Each party shall bear its own costs with respect to arbitration.
Term – This Agreement is effective until terminated by a party, or when all your Product licenses under this Agreement expire. Either party may terminate this Agreement at any time for any reason or no reason by notifying the other party in writing.
Termination for cause – Either party may terminate this Agreement if the other breaches this Agreement and does not cure such breach within 30 days of written notice.
Effects of termination – Upon termination of this Agreement or Product license, you must stop using the Product and delete any Software or Application provided under this Agreement and must also delete any other Confidential Information. Your right to access any Online Services terminates, and Sibasi shall not be obligated to store your Data beyond the duration established by the applicable Product Terms.