1. About these terms
These terms are an agreement between you and Arvenson, a company registered in Kenya (registration number PVT-OD1KW8P2) and based in Nairobi, Kenya. They apply to the Ensurve website, web app and Android app.
By creating an account or using Ensurve, you agree to these terms. If you use Ensurve for an organization, you confirm that you are allowed to accept these terms for it, and “you” includes that organization.
2. Your account
- You must be 18 or older to have an Ensurve account.
- Give accurate details and keep them up to date.
- Keep your password secret. You are responsible for what happens under your account.
- Tell us straight away at privacy@ensurve.com if you think someone else is using your account.
- The owner of an organization decides who joins it and what each member can do, and can remove members at any time.
3. Your data
Everything your organization collects in Ensurve, including forms, answers, photos and reports, belongs to your organization. We call this your data.
You allow us to store, process, copy and display your data only as needed to provide Ensurve to you. We do not claim ownership of it and we do not use it for our own purposes. You can export it at any time as Excel or CSV files.
How we handle personal data is explained in our Privacy Policy, which forms part of these terms.
4. The people you survey
Your organization decides what to collect and from whom, so it is responsible for doing that lawfully. In particular, you agree to:
- have a lawful reason, such as informed consent, for collecting each person’s data;
- tell respondents who is collecting their data, why, and how to contact you;
- collect only what you need for your purpose;
- get consent from a parent or guardian before collecting data about children, and take extra care with health, location and other sensitive data;
- follow the Kenya Data Protection Act, 2019 and any other law that applies to you, including registering with the Office of the Data Protection Commissioner if the law requires it.
5. Using Ensurve fairly
You must not use Ensurve to:
- break the law or help anyone else break it;
- collect data from people who have not agreed to it, or deceive them;
- harass, threaten or harm anyone;
- upload viruses or anything designed to damage systems;
- try to get into accounts, organizations or systems you are not allowed to access, or test our security without our written permission;
- overload Ensurve, or collect data from it with automated tools we have not approved;
- copy, resell or rebuild Ensurve, except where the law allows it.
6. Fees
If you use a paid plan, the price, billing period and payment terms will be shown to you before you agree to them, or set out in a written agreement with us. We will give you at least 30 days’ notice before changing the price of a plan you already use.
7. Keeping Ensurve running
We work hard to keep Ensurve available, secure and backed up every day. Sometimes it may be unavailable for maintenance, upgrades or reasons outside our control, such as network or power failures. We try to schedule planned maintenance at quiet times.
Ensurve keeps improving, so features may change. If we plan to remove a feature that your organization depends on, we will tell you in advance where we reasonably can.
8. Suspending or closing accounts
You can stop using Ensurve at any time, and an organization owner can ask us at privacy@ensurve.com to delete the organization and its data.
We may suspend or close an account or organization if it breaks these terms, puts other users or our systems at risk, does not pay fees that are due, or if the law requires us to. Where we reasonably can, we will tell you first and explain why.
After an organization is closed, its owner can ask us for an export of its data within 30 days, unless the law prevents it. After that, the data is deleted permanently.
9. Our software and brand
Ensurve’s software, design, templates and name belong to Arvenson. You may use them only to use Ensurve as these terms allow. If you send us ideas or feedback, we may use them to improve Ensurve without owing you anything.
10. What we do not promise
Ensurve is provided as it is. Indicators, charts and reports are calculated from the data your team enters, so their accuracy depends on that data. To the extent the law allows, we do not promise that Ensurve will be free of errors or interruptions, or that it will meet every requirement of your project or reporting.
11. Limits on our responsibility
To the extent the law allows:
- we are not responsible for indirect losses, such as lost profits, lost opportunities or damage to reputation;
- our total responsibility for any claim connected with Ensurve is limited to the amount you paid us for Ensurve in the 12 months before the claim, or KES 10,000 if you have not paid us anything.
Nothing in these terms limits responsibility that the law does not allow to be limited.
If someone makes a claim against us because of data your organization collected unlawfully, or because you broke these terms, you agree to cover the reasonable costs it causes us.
12. Law and disagreements
These terms are governed by the laws of Kenya. If we disagree about something, we will first try to settle it by talking. If that does not work, the courts of Kenya sitting in Nairobi will decide.
13. Changes to these terms
We may update these terms as Ensurve grows. If a change is important, we will tell account holders by email or in the app at least 14 days before it takes effect. If you keep using Ensurve after that, you accept the new terms. If you do not agree, you can stop using Ensurve and export your data.
14. Contact us
Arvenson, Nairobi, Kenya. Email privacy@ensurve.com.