Terms of Service

The following terms and conditions govern all use of the Hoji Mobile Data Collection and Analysis Platform hosted at hoji.co.ke, its subdomains and all associated mobile applications (“Service”). The Service is owned and operated by Hoji Ltd. (“Hoji”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Hoji’s Privacy Policy) and procedures that may be published from time to time at hoji.co.ke/terms-of-service by Hoji Ltd (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If these terms and conditions are considered an offer by Hoji, acceptance is expressly limited to these terms. The failure of Hoji to exercise or enforce any rights granted in the Terms of Service shall not constitute a waiver of such rights, and the Terms of Service at all times constitutes the complete agreement between you and Hoji, superseding all prior agreements.

General Terms

  1. If you do not agree to these Terms of Service, you must stop using the Service immediately. You may only use the Service upon agreeing to these Terms.
  2. You must be at least 13 years old to use the Service.
  3. Your use of the Service is undertaken at your own risk. The Service is presented “as is” and “as available.”
  4. You must provide a valid name, a valid email address, and any other information requested as a part of the signup process.
  5. The security of your password and account name are solely your responsibility. The Service cannot be held responsible or liable for any loss resulting from the failure to comply with this security obligation.
  6. You may not use the Service for any unauthorized or illegal purposes. You may not use the Service in violation of any laws in your jurisdiction.
  7. You are responsible for the all activity that occurs under your account, including posted Content. You are also responsible for all activity and Content posted by others who you authorize to operate under your account.
  8. Hoji does not expressly guarantee or warrant that your use of the Service will meet your requirements, nor that your use of the Service will be uninterrupted or free from error. Hoji does not expressly guarantee that any and all defects in the operation of the Service will be corrected.
  9. Technical support is provided via email and phone, and is available to both free and paying users. Hoji reserves the right to refuse support for any reason.
  10. You acknowledge and understand that Hoji uses third party vendors and hosting partners to provide the necessary infrastructure (hardware, software, networking, storage, etc.) to run the Service.
  11. Abuse of any Hoji user or employee (written, physical, or verbal) will result in immediate account termination.
  12. You may not use the Service to transmit any malicious code, such as viruses or worms.
  13. If your usage far exceeds the average of other Hoji users, Hoji reserves the right to deactivate your account until a time at which your usage can be restored to more normal levels.
  14. Hoji cannot be held responsible for any damages, loss, or harm (direct, indirect, incidental, or otherwise) resulting from a lack of access to the Service, the result of any Content stored in the Service or the procurement thereof, unauthorized access to your account, data, or transmissions, or any other matter relating to the Service.

Payment and Refunding Terms

  1. A valid credit card is required to maintain an active account after the end of the free trial period.
  2. All accounts are put on the FREE plan upon registration. After the trial has ended, a notification will be posted on your account and a grace period of approximately five days will commence. If at the end of the grace period payment information has not been entered, the account is subject to archiving or deletion by the Service.
  3. If payment information is entered prior to the end of the trial period, the first month’s payment will be billed immediately. Any remaining trial days will be added to the subsequent monthly payment cycle.
  4. The service is billed monthly in advance and is non-refundable. Hoji will consider requests for refunds of the latest month’s payment at their discretion.
  5. All fees issued by the Service are exclusive of taxes, levies, or duties imposed by the relevant taxing authorities of your jurisdiction. You shall be responsible for any such taxes, levies, or duties.

Cancellation Terms

  1. If you wish to cancel your account with the Service, you are responsible for properly ensuring this cancellation. While the Service may assist you in cancellation in the event of your account via email or phone, an email or phone call is not considered cancellation.
  2. All of the information in your account is subject to indefinite archiving or deletion upon the cancellation of your account. Should any of your data remain on the Service’s servers after cancellation, no data will be viewed or disseminated in any way without your consent. You may request that we fully delete all of your data upon your cancellation.
  3. Hoji reserves the right to suspend or terminate your account at any time and for any reason if it deems such action necessary. Such cancellation will subject your account’s data to the deletion or archiving previously detailed. Hoji reserves the right to refuse service to anyone, at any time, and for any reason.
  4. Hoji also reserves the right to throttle access or impose limitations on use at anytime for any reason deemed necessary.

Modification Terms

  1. Hoji reserves the right to suspend or discontinue the Service (or any part of the Service) at any time, and for any length of time, with or without notice.
  2. Prices for the service are subject to change with 30 days notice from Hoji. Such notice may be provided via Hoji.co.ke, the Service itself, and/or email notification to the address provided upon registration.
  3. Hoji is not liable to you or any third party for any changes made to the service, alterations to the pricing of the Service, or discontinuation of the Service.
  4. You acknowledge that the Service is subject to change in form at any time without your prior consent as Hoji works to improve and innovate upon the existing Service.

Content Terms

  1. All content added to the Service must comply with Kenya copyright law.
  2. You retain ownership of and intellectual property rights over any Content added to your account in Hoji, in accordance with Hoji’s privacy policy.
  3. Hoji reserves the right to remove Content that is available via the Service at its discretion. Hoji is not obligated to remove Content from the Service at any time.
  4. You may not copy, sell, distribute, reverse-engineer, duplicate, or otherwise attempt to extract the source code of the Service or any part thereof. All aspects of the Service, including functionality and design, are copyright ©2016 Hoji Ltd, all rights reserved.

API Terms

  1. In the event that you access your Hoji account through an API (Application Program Interface), you understand that Hoji is not liable for any damages (direct, indirect, incidental, or otherwise) resulting from the use of the API or third-party products that access your data via the API.
  2. If Hoji determines that you have abused your access to the Service’s API, Hoji may terminate your account’s access to the API, temporarily or permanently. Actions that constitute abuse are at the discretion of Hoji.
  3. Hoji reserves the right to terminate or suspend your account’s access to the API at any time with or without notice, for any reason.
  4. There are no specific limits on API usage, but Hoji reserves the right to throttle access if the usage is deemed excessive.

Questions or feedback regarding the Terms of Service agreement can be directed to Hoji support at support@hoji.co.ke