SIMplify EDMS End-User Terms of Service

1. Access & Accounts

• Your access is granted because your organization has an active subscription or agreement with the Platform provider.
• Login credentials are personal and must not be shared. You are responsible for all activities under your account.
• Access will end when your role with the Customer ends, or if the Customer or Platform provider revokes it.

2. Acceptable Use

You agree to use the Platform:

• Only for authorized business purposes of the Customer.
• In compliance with all applicable laws, regulations, and organizational policies.

You must not:

• Attempt to copy, reverse-engineer, or interfere with the Platform's security or operations.
• Upload unlawful, harmful, or infringing content.
• Use the Platform for personal, fraudulent, or competitive purposes.

3. Data & Content

• All information you enter or upload belongs to the Customer and is governed by the Customer's agreements and policies.
• The Platform provider may process your activity and content solely to deliver, maintain, and improve the service.
• You must not submit data that you are not authorized to handle.

4. Privacy & Monitoring

• Your use of the Platform may be logged and monitored for security, compliance, and service improvement.
• The Customer, not the Platform provider, determines how your personal information is managed within the Platform.

5. Intellectual Property

• The Platform and all associated materials remain the property of the provider.
• You are granted a limited, non-transferable right to use the Platform as directed by the Customer.
• No ownership rights are transferred to you.

6. Violations & Suspension

• Breach of these terms may result in suspension or termination of your access, with or without notice.
• Serious or unlawful misuse may also be reported to the Customer and/or authorities.

7. Cross-Border Data Transfer Consent

• Explicit Consent: By using this Platform, you explicitly consent to the transfer and processing of your personal data, including any sensitive personal data, outside Kenya. This includes data transfers to countries that may not have the same level of data protection as Kenya.
• Purpose and Legal Basis: Such cross-border transfers are necessary for the provision of the Platform services and are conducted based on your explicit consent and in compliance with the Kenya Data Protection Act.
• Your Rights: You have the right to withdraw this consent at any time by discontinuing use of the Platform and notifying your organization. However, withdrawal of consent may affect your ability to use the Platform services.
• Safeguards: The Platform provider implements appropriate technical and organizational measures to protect your personal data during cross-border transfers, including contractual safeguards with third-party processors and service providers.
• Sensitive Data: For any sensitive personal data (including financial information, or other special categories of data), you provide explicit consent for cross-border processing, understanding the potential risks involved in such transfers.

8. Future Updates

• These terms may be updated from time to time. Material changes will be communicated through the Platform or your organization.
• Continued use after updates constitutes acceptance of the revised terms.

9. Disclaimer

• The Platform is provided "as-is." The provider is not liable to you personally; obligations and remedies flow through the Customer's contract.