Terms of Service

By accessing, registering for, or using Ohala (the "Service"), operated by Guerison ("we," "us," or "our"), a business duly registered under the laws of the Republic of Kenya, you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to all of these Terms, you may not access or use the Service.

These Terms form a legally binding contract between you and Guerison. By clicking "I Agree" or by using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference.

We may update these Terms from time to time to reflect changes in law, our business practices, or the Service. Material changes will be notified via email to the address associated with your Account at least 14 days before taking effect. For non-material changes, we may provide notice through the Service interface. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you disagree with any changes, you must cease using the Service and terminate your Account before the effective date.

These Terms were last updated on August 5, 2026 and are effective immediately.

By creating an Account, you represent and warrant that:

• You are at least 18 years of age (the age of digital consent under the Kenya Data Protection Act 2019).
• If you are registering on behalf of a business or legal entity, you have the full power and authority to bind that entity to these Terms.
• All information you provide during registration is accurate, current, and complete, and you will update it promptly if it changes.
• You are not located in a country subject to sanctions or embargoes imposed by the Republic of Kenya, the African Union, the United Nations, the European Union, the United Kingdom, or the United States.
• You are not listed on any sanctions list maintained by any of the aforementioned bodies.
• You have not been previously suspended or removed from the Service.

Account Security. You are solely responsible for:

• Maintaining the confidentiality of all login credentials, API keys, and authentication tokens associated with your Account.
• All activities that occur under your Account, whether authorized by you or not, including all actions taken by your Users.
• Ensuring that each User has their own login credentials and does not share credentials.
• Immediately notifying us of any unauthorized use, security breach, or suspected compromise at security@guerison.website.

We strongly recommend enabling multi-factor authentication (MFA) for all Users. We shall not be liable for any loss or damage arising from your failure to comply with these security obligations.

The Service is offered under the following subscription tiers as described on our pricing page at guerison.website/#pricing:

Billing. Paid Plans are billed in advance on a monthly or annual basis as selected during checkout. Unless otherwise agreed in writing, all fees are denominated and payable in Kenyan Shillings (KES). Payments are processed securely by our payment partners (Paystack, M-Pesa via Safaricom Daraja API, PesaPal, Stripe). We do not store full payment card numbers or M-Pesa PINs on our servers.

Automatic Renewal. Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date. You may cancel at any time from your Account Settings → Billing page. Upon cancellation, you retain access to Paid Plan features until the end of the current billing period.

Refund Policy. All fees are non-refundable except as required by applicable Kenyan law or as explicitly stated in a separate written agreement. No pro-rated refunds are issued for partial billing periods. If you believe you are entitled to a refund under applicable law, contact us at billing@guerison.website with supporting documentation.

Price Changes. We reserve the right to modify our pricing with 30 days' advance notice. Price changes will not apply to users on annual plans until their next renewal date. If you disagree with a price change, you may cancel your subscription before it takes effect.

Non-Payment. If payment fails, we will notify you via email. After 7 days of non-payment, access to Paid Plan features will be suspended (your data remains intact). After 30 days, the Account will be downgraded to the Free tier. After 90 days of non-payment, we reserve the right to terminate the Account and delete all associated data in accordance with Section 13.

Taxes. All fees are exclusive of applicable taxes, including Value Added Tax (VAT) at the prevailing rate in Kenya (currently 16%). Where we are required by law to collect and remit taxes, the amount will be added to your invoice. You are responsible for all other applicable taxes, levies, or duties imposed by any taxing authority. If you are exempt from VAT, you must provide a valid KRA VAT exemption certificate.

New Accounts may be eligible for a 14-day free trial of any paid plan. During the trial period:

• You have access to all features of the selected plan at no charge.
• No credit card or payment method is required to start a trial.
• At the end of the 14-day period, your Account will automatically downgrade to the Free tier with limited functionality.
• To continue using paid features, you must subscribe to a Paid Plan before the trial expires.
• All data entered during the trial is preserved — nothing is lost upon downgrade.

Trial Limitations. Each business entity is entitled to one free trial. We reserve the right to deny a trial to any entity that has previously held a trial Account or that we reasonably suspect is attempting to abuse the trial system. Using multiple email addresses or business names to obtain additional trials constitutes a violation of these Terms.

No Obligation. The free trial creates no obligation to purchase. You may cancel at any time during the trial period without charge.

You agree to use the Service only for lawful business purposes and in strict compliance with these Terms and all applicable laws, including but not limited to:

• The Kenya Data Protection Act, 2019 (No. 24 of 2019) and its regulations
• The Kenya Computer Misuse and Cybercrimes Act, 2018 (No. 5 of 2018)
• The Kenya Consumer Protection Act, 2012 (No. 46 of 2012)
• The Kenya Information and Communications Act (Cap. 411A)
• All applicable anti-money laundering (AML) and counter-terrorism financing (CTF) laws

You specifically agree NOT to:

Enforcement. We reserve the right, but have no obligation, to monitor usage, investigate violations, and take appropriate action including content removal, Account suspension or termination, reporting to law enforcement, and pursuing legal remedies — all without prior notice and without refund.

Your Data is Yours. As between you and Guerison, you retain all right, title, and interest in and to your Customer Data and User Content. We claim no ownership over any data or content you store, process, or transmit through the Service. This is a fundamental principle of our platform.

License to Operate the Service. By using the Service, you grant us a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, process, transmit, display, and otherwise use your Customer Data and User Content solely as necessary to:

• Provide, maintain, and improve the Service to you and your authorized Users
• Provide technical support and customer service
• Comply with legal obligations and enforce these Terms
• Detect, prevent, and address security, fraud, or technical issues

This license is revocable — it terminates upon deletion of your Account or the relevant data, subject to reasonable retention periods described in our Privacy Policy. We do not sell, rent, or share your data with third parties for their own marketing purposes.

Data Processing. Where we process personal data on your behalf as part of the Service, we act as a data processor (as defined under the DPA 2019) and you act as the data controller. Our data processing activities are governed by our Privacy Policy and, where applicable, a separate Data Processing Agreement (DPA) available upon request at privacy@guerison.website.

Anonymized Data. We may use aggregated, de-identified, or anonymized data derived from your use of the Service for analytical purposes, product improvement, benchmarking, and industry reporting. Such data cannot be used to identify you or any individual and is not considered Customer Data under these Terms.

Data Export. You may export your Customer Data at any time through the Service's built-in export functionality (CSV, Excel, PDF formats) or by API where applicable. Upon Account termination, we provide a 30-day data export window as described in Section 13.

Our IP. The Service — including but not limited to its software, source code, object code, algorithms, architecture, design, layout, user interface, graphics, logos, trademarks, service marks, documentation, APIs, databases, reports, templates, and all related materials — is and shall remain the exclusive intellectual property of Guerison and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Kenya and applicable international treaties. All rights not expressly granted herein are reserved.

Your IP. You retain all intellectual property rights in your Customer Data, User Content, trademarks, logos, and business materials uploaded to the Service.

Restrictions. Except as expressly permitted by these Terms or applicable law, you may not:

• Copy, modify, adapt, translate, or create derivative works of the Service
• Distribute, sell, sublicense, lease, rent, loan, or transfer the Service to any third party
• Remove, alter, or obscure any proprietary notices, labels, or marks
• Use the Service to build a competitive product or service
• Use any of our trademarks, logos, or branding without prior written permission
• Publish or disclose any benchmark, performance, or comparative analysis of the Service without our prior written consent

Feedback. Any suggestions, ideas, enhancement requests, recommendations, corrections, or other feedback ("Feedback") you provide to us regarding the Service shall be owned by Guerison. You hereby assign to us all right, title, and interest in such Feedback, and we may use, modify, incorporate, and commercialize Feedback without restriction, compensation, or attribution. This does not affect your rights in your Customer Data.

Trademarks. "Ohala", "Ohala Business OS", the Ohala logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Guerison or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names appearing on the Service are the trademarks of their respective owners.

The Service integrates with or relies upon certain third-party services. These include but are not limited to:

Your use of integrated third-party services is subject to their respective terms of service and privacy policies. We are not responsible for:

• The availability, performance, accuracy, reliability, or security of any third-party service
• Any data loss, data breach, or damages caused by or related to third-party services
• Changes to third-party service terms, pricing, features, APIs, or availability that affect the Service
• Any transaction disputes, chargebacks, or payment failures related to third-party payment processors

We will make reasonable commercial efforts to notify you of material changes to integrated services that may materially affect your use of the Service. You acknowledge that we may add, remove, or change third-party integrations at our discretion, with reasonable notice where feasible.

Confidential Information. Each party ("Disclosing Party") may disclose to the other ("Receiving Party") certain non-public, proprietary, or confidential information ("Confidential Information"). Confidential Information includes, but is not limited to: trade secrets, business plans, financial data, Customer Data, technical specifications, source code, security configurations, and any information marked or reasonably understood to be confidential.

The Receiving Party agrees to: (a) protect Confidential Information using at least the same degree of care it uses for its own confidential information (but not less than reasonable care); (b) use Confidential Information only for purposes of performing obligations or exercising rights under these Terms; (c) limit access to employees, contractors, and agents who need to know and who are bound by confidentiality obligations at least as protective as these. Confidential Information does not include information that: (i) is or becomes publicly available without breach; (ii) was known to the Receiving Party prior to disclosure; (iii) is independently developed without use of Confidential Information; or (iv) is rightfully received from a third party without restriction.

Security Measures. We implement and maintain industry-standard technical and organizational security measures designed to protect your data, including:

• Encryption in transit (TLS 1.3) for all data transmission
• Encryption at rest (AES-256) for all stored data
• Multi-tenant data isolation via PostgreSQL Row-Level Security (RLS)
• Regular automated security scanning, penetration testing, and vulnerability assessments
• Access controls with role-based permissions, audit logging, and multi-factor authentication
• Continuous monitoring, intrusion detection, and 24/7 incident response
• Regular encrypted backups with geo-redundant storage

Data Breach Notification. In the event of a confirmed data breach involving your Customer Data, we will notify you without undue delay and in any event within 72 hours of becoming aware, as required under the Kenya Data Protection Act 2019. Our notification will describe the nature of the breach, the categories and approximate number of data subjects affected, the likely consequences, and the measures taken or proposed to address the breach.

Your Security Obligations. You are responsible for configuring access controls within your Account, managing User permissions, and securing your own devices, networks, and credentials used to access the Service. We are not responsible for security breaches caused by your failure to implement reasonable security measures on your end.

Mutual Warranties. Each party represents and warrants that: (a) it has full power and authority to enter into these Terms; (b) it will comply with all applicable laws in performing its obligations; and (c) these Terms constitute a valid and binding obligation, enforceable in accordance with their terms.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

Guerison expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement
• Any warranty that the Service will be uninterrupted, timely, secure, error-free, or free from viruses or harmful components
• Any warranty regarding the accuracy, completeness, reliability, or timeliness of any data, content, analytics, reports, or AI-generated output
• Any warranty that defects or errors will be corrected
• Any warranty arising from course of dealing, course of performance, or usage of trade

We do not warrant that the Service will meet your specific business requirements, that data will not be lost or corrupted, or that the Service is suitable for use in any particular industry (including but not limited to healthcare, legal, or financial services requiring specific regulatory certifications). You are responsible for evaluating whether the Service meets your needs and for maintaining independent backups of critical data.

AI Disclaimer. AI-powered features (including the AI Assistant, predictive analytics, and automated insights) are provided for informational and assistive purposes only. AI-generated output may contain errors, biases, or inaccuracies. You should independently verify any AI-generated content before relying on it for business decisions. We make no warranty regarding the accuracy, completeness, or suitability of AI output.

Important — Please Read Carefully

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE KENYA LAW OF CONTRACT ACT, CAP. 23, AND APPLICABLE PRINCIPLES OF EQUITY):

You agree to defend, indemnify, and hold harmless Guerison, its affiliates, and each of their respective officers, directors, employees, agents, contractors, successors, and assigns from and against any and all third-party claims, actions, demands, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable legal and professional fees on a solicitor-client basis) arising from or related to:

• Your breach of these Terms or violation of any applicable law or regulation
• Your Customer Data or User Content, including any claim that it infringes, misappropriates, or violates any third party's intellectual property, privacy, or other rights
• Your use of the Service, including AI features, in a manner not authorized by these Terms
• Any dispute between you and another User, your employees, your customers, or your suppliers
• Your failure to obtain necessary consents, provide required notices, or comply with data protection laws (including the DPA 2019) with respect to personal data you process through the Service
• Any tax liability, penalty, or interest arising from your failure to comply with applicable tax laws (including KRA obligations)

We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claim that imposes any obligation or liability on us without our prior written consent.

Termination by You. You may terminate your Account at any time, for any reason or no reason, from your Account Settings page or by emailing support@guerison.website. Termination takes effect immediately for Free Trial/Free tier Accounts and at the end of the current billing period for Paid Plans. No refunds are provided for prepaid periods.

Suspension by Us. We may suspend your Account or access to specific features immediately without prior notice if:

• You breach any material provision of these Terms
• We reasonably believe your Account has been compromised
• Your use poses a security risk, could cause harm to the Service or other users, or could subject us to legal liability
• Your payment is overdue by more than 7 days
• We are required to do so by law, court order, or governmental authority
• You exceed rate limits or usage thresholds in a manner that degrades the Service for others

Termination by Us. We may terminate your Account with 30 days' written notice for any reason. Immediate termination without notice is permitted for: (a) material or repeated breaches of these Terms; (b) illegal activity; (c) non-payment exceeding 90 days; (d) discontinuation of the Service as a whole.

Effect of Termination. Upon termination of your Account:

• All rights granted to you under these Terms immediately cease
• You will lose all access to the Service and your Account
• We will provide a 30-day data export window (the "Post-Termination Retrieval Period") during which you may request and download an export of your Customer Data in standard formats (CSV, Excel, PDF)
• After the Post-Termination Retrieval Period expires, we will permanently and irretrievably delete all Customer Data and User Content from our active systems — you will have no further access and no right to restoration
• Backups containing your data will be purged within 90 days in accordance with our standard backup rotation schedule

Survival. The following sections shall survive any termination or expiration of these Terms: 1 (Acceptance), 2 (Definitions), 7 (Data Ownership), 8 (Intellectual Property), 9 (Third-Party, to the extent applicable), 10 (Confidentiality), 11 (Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (this section), 15 (Disputes), 16 (Governing Law), and 17 (General Provisions).

We value our relationship with you and are committed to resolving disputes efficiently and fairly. Before resorting to formal proceedings, the parties shall follow the process below:

These Terms and any dispute arising from or related to them shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to any conflict of law principles that would result in the application of the laws of any other jurisdiction.

For any claims not subject to the arbitration provisions in Section 15, the parties irrevocably submit to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Nairobi, Kenya. The prevailing party in any such proceeding shall be entitled to recover its reasonable legal fees, costs, and expenses from the other party.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms or any transaction conducted through the Service.

Any cause of action you may have arising out of or related to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any material available through the Service infringes your copyright, you may submit a written notification to our Designated Copyright Agent. Your notice must comply with the requirements of the Kenya Copyright Act (Cap. 130) and international copyright treaties to which Kenya is a party, and must include:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing, including its specific URL or location within the Service
• Your contact information: full name, postal address, telephone number, and email address
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

We will respond to all complete and valid copyright notices in accordance with applicable law. We reserve the right to remove allegedly infringing content without prior notice and to terminate the Accounts of repeat infringers in appropriate circumstances. Filing a false or misleading copyright notice may result in legal liability.

For questions, concerns, or feedback regarding these Terms or the Service, please use the appropriate contact below:

We aim to acknowledge all inquiries within 24 hours and resolve them within 5 business days. For urgent matters, please include "URGENT" in your subject line.