Terms of Service
On this page
- Preamble
- 1. The Service
- 2. Account Registration & Eligibility
- 3. Customer Responsibilities
- 4. Fees & Payment
- 5. Intellectual Property
- 6. Acceptable Use
- 7. Service Availability & Support
- 8. Confidentiality
- 9. Data Protection
- 10. Warranties & Disclaimers
- 11. Limitation of Liability
- 12. Indemnification
- 13. Term & Termination
- 14. Governing Law & Dispute Resolution
- 15. Changes to These Terms
- 16. Contact
Preamble
These Terms of Service ("Terms") govern access to and use of the Ustawi microfinance management platform ("Service") by the organization that registers for an account ("Customer", "you"). By creating an account, signing an order form, or using the Service, Customer agrees to these Terms. Ustawi is operated by Click Up Company Limited (trading as Ustawi), a company registered in the United Republic of Tanzania under registration number 163520974, with registered address Block 45C, Kijitonyama, Cameroon Road, Dar es Salaam, Tanzania ("Ustawi", "we", "us").
1. The Service
Ustawi provides a multi-tenant, cloud-hosted microfinance operations platform covering loan origination and servicing, collections, general ledger, compliance and AML/KYC tooling, collateral and insurance tracking, check-off/payroll lending, group and VICOBA lending, regulatory reporting, and a mobile field-collection app, as further described at /product and /apps. Each Customer's data is isolated in a dedicated per-tenant database. Ustawi may enable or disable individual apps per Customer's subscription plan.
2. Account Registration & Eligibility
Customer must be a duly registered legal entity operating a lending, savings, or financial-services program. Customer is responsible for the accuracy of registration information, for maintaining the confidentiality of staff login credentials and device-bound authentication, and for all activity under its account, including activity by its employees, agents, and field collection staff.
3. Customer Responsibilities
Customer remains the data controller and regulated entity for all borrower, loan, and financial data it processes through the Service. Customer is solely responsible for: (a) obtaining borrower consent to collect and process personal and financial data; (b) the accuracy and legality of loan terms, interest rates, and fees it configures in the platform; (c) complying with all applicable Tanzanian financial services, consumer protection, and data protection law, including holding any license required to conduct its lending or deposit-taking business; and (d) its own regulatory filings — Ustawi provides tooling (e.g. PAR/classification reports, STR export formats) to support these filings but does not file on Customer's behalf unless separately agreed in writing.
4. Fees & Payment
Fees are as set out in the applicable order form or pricing plan at /pricing. Fees are invoiced monthly, in advance in TZS and are due within 14 days of invoice date. Late payment may result in service suspension after 14 days' written notice. Fees are exclusive of VAT and other applicable taxes, which Customer is responsible for. See the Refund & Billing Policy (/legal/refund-and-billing-policy) for cancellation and refund terms.
5. Intellectual Property
Ustawi retains all right, title, and interest in the Service, its software, and underlying technology. Customer retains all right, title, and interest in its Customer Data (borrower records, loan data, and other data it inputs or generates through the Service). Ustawi is granted a limited license to process Customer Data solely to provide the Service, as detailed in the Data Processing Agreement (/legal/data-processing-agreement).
6. Acceptable Use
Customer and its users must comply with the Acceptable Use Policy (/legal/acceptable-use-policy), which prohibits, among other things, using the Service for unlawful lending practices, circumventing AML/KYC controls, or attempting to access another tenant's isolated data.
7. Service Availability & Support
Ustawi will use commercially reasonable efforts to make the Service available per the uptime target in the Service Level Agreement (/legal/service-level-agreement). Support is provided per the support tier associated with Customer's plan.
8. Confidentiality
Each party will protect the other's confidential information with at least the same degree of care it uses for its own confidential information of similar nature, and no less than reasonable care, and will use it only to perform under these Terms.
9. Data Protection
Processing of personal data is governed by the Privacy Policy (/legal/privacy-policy) and, for Customer's borrower/end-user data, the Data Processing Agreement (/legal/data-processing-agreement).
10. Warranties & Disclaimers
Ustawi warrants that the Service will perform materially in accordance with its documentation. Except as expressly stated, the Service is provided "as is" to the maximum extent permitted by law, without warranties of merchantability, fitness for a particular purpose, or non-infringement. Ustawi does not warrant that the Service will be uninterrupted or error-free, and does not warrant the accuracy of any regulatory conclusion Customer draws from platform-generated reports — Customer remains responsible for reviewing all filings before submission to a regulator.
11. Limitation of Liability
To the maximum extent permitted by law, neither party's aggregate liability arising out of these Terms will exceed the fees paid by Customer in the 12 months preceding the claim. Neither party is liable for indirect, incidental, special, or consequential damages. These limitations do not apply to Customer's payment obligations, either party's breach of its confidentiality obligations, or either party's indemnification obligations under Section 12.
12. Indemnification
Customer will indemnify Ustawi against third-party claims arising from Customer's unlawful use of the Service, breach of these Terms, or Customer's underlying lending/regulatory obligations. Ustawi will indemnify Customer against third-party claims that the Service, as provided, infringes a third party's intellectual property rights.
13. Term & Termination
These Terms remain in effect for the subscription term stated in the order form and renew per that order form unless either party gives 30 days' written notice of non-renewal. Either party may terminate for the other's uncured material breach after 30 days' written notice. Upon termination, Customer may export its Customer Data for 30 days, after which Ustawi will delete it per the Data Processing Agreement.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the United Republic of Tanzania. Disputes are handled per the Complaints & Dispute Resolution page (/legal/complaints-and-dispute-resolution) in the first instance, and thereafter finally resolved by binding arbitration seated in Dar es Salaam, Tanzania and conducted in English under the rules of the Tanzania Institute of Arbitrators, or, at either party's election, before the courts of Dar es Salaam, Tanzania.
15. Changes to These Terms
Ustawi may update these Terms from time to time; material changes will be notified via in-app notice or email at least 30 days before taking effect.
16. Contact
Questions about these Terms: see /contact or legal@ustawi.co.tz.