Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your use of BimaSasa, an insurance quote comparison platform operated by BimaSasa ("we," "our," or "us"). BimaSasa is designed for licensed insurance agents and brokers in Kenya.

By creating an account or using BimaSasa, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

2. Eligibility

To use BimaSasa, you must:

• Be at least 18 years of age
• Be a licensed insurance agent or broker registered with the Insurance Regulatory Authority (IRA) of Kenya, or be employed by a licensed agency/brokerage
• Have the legal authority to bind your agency or brokerage to these Terms
• Provide accurate and complete registration information

We reserve the right to verify your IRA license status and may suspend accounts that cannot provide valid licensing documentation.

3. Account and Workspace

3.1 Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• You may not share your account credentials with unauthorized parties

3.2 Workspace Management

BimaSasa uses workspaces to organize your agency's data. As a workspace owner or administrator:

• You are responsible for managing team member access and permissions
• You are responsible for ensuring team members comply with these Terms
• Client data entered by team members belongs to the workspace
• You may transfer workspace ownership with our assistance

4. Service Description

BimaSasa provides the following services:

• Quote Comparison: AI-powered comparison of health insurance quotes from multiple Kenyan underwriters
• Client Management: Tools to track clients, policies, and renewals
• Document Generation: Creation of professional quote PDFs with custom branding
• Lead Capture: Tools to create forms and widgets for capturing leads from your website
• Commission Tracking: Visibility into potential earnings from policies

5. Quote Disclaimer

IMPORTANT: All insurance quotes generated through BimaSasa are estimates for comparison purposes only.

• Quotes are based on information available at the time of generation and may not reflect current underwriter rates
• Final premiums are subject to underwriter approval and underwriting assessment
• BimaSasa does not guarantee the accuracy, completeness, or availability of any quoted rates
• You are responsible for verifying all quotes with the respective insurance company before presenting to clients
• BimaSasa is not an insurance company and does not underwrite policies

You acknowledge that rate variations, special conditions, and underwriter-specific requirements may affect final premium amounts.

6. Your Responsibilities

When using BimaSasa, you agree to:

• Comply with all applicable laws, including the Insurance Act (Kenya), IRA regulations, and the Kenya Data Protection Act
• Maintain valid insurance agent/broker licensing
• Enter accurate client information
• Verify quotes before sharing with clients
• Obtain necessary consents from clients before collecting and processing their personal data
• Not misrepresent quotes or coverage to clients
• Not use the platform for any fraudulent or deceptive purposes

7. Prohibited Uses

You may not use BimaSasa to:

• Generate or distribute misleading, false, or fraudulent insurance quotes
• Collect or store client data without proper consent
• Circumvent, disable, or interfere with security features
• Access data belonging to other workspaces or users
• Reverse engineer, decompile, or disassemble any part of the platform
• Use automated systems or bots to access the service
• Violate any IRA regulations or insurance industry codes of conduct
• Resell or redistribute our services without authorization
• Harass, abuse, or harm other users or our staff

8. Subscription and Payment

8.1 Subscription Plans

BimaSasa offers various subscription plans with different features and limits. Details of current plans and pricing are available on our website.

8.2 Payment Terms

• Payments are processed via M-Pesa and other supported payment methods
• Subscription fees are billed in advance on a monthly or annual basis
• All fees are quoted in Kenya Shillings (KES) and are inclusive of applicable taxes
• Failed payments may result in service suspension

8.3 Refunds

Subscription fees are generally non-refundable. We may provide refunds at our discretion for service issues or billing errors.

9. Intellectual Property

• BimaSasa and its original content, features, and functionality are owned by us and protected by intellectual property laws
• You retain ownership of the data you input into BimaSasa (client information, custom branding, etc.)
• You grant us a license to use your data solely to provide and improve our services
• You may not use our trademarks, logos, or branding without written permission

10. Data Handling

Your use of BimaSasa is also governed by our Privacy Policy. By using our services, you acknowledge:

• We process personal data as described in our Privacy Policy
• You are a data controller for client data you enter into BimaSasa
• We act as a data processor on your behalf for such data
• You are responsible for obtaining appropriate consents from your clients

11. Service Availability

• We strive to maintain high availability but do not guarantee uninterrupted service
• We may perform maintenance that temporarily affects availability
• We reserve the right to modify, suspend, or discontinue features with reasonable notice
• We are not liable for any loss or damage due to service unavailability

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• BimaSasa is provided "as is" and "as available" without warranties of any kind
• We do not warrant that quotes will be accurate, complete, or current
• We are not liable for any direct, indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
• We are not liable for any losses resulting from decisions made based on quotes generated through our platform

13. Indemnification

You agree to indemnify, defend, and hold harmless BimaSasa and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the platform
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any claims by your clients related to insurance quotes or advice

14. Termination

• You may cancel your subscription at any time through your account settings
• We may suspend or terminate your account for violation of these Terms
• Upon termination, you may request export of your data within 30 days
• We may retain certain data as required by law or for legitimate business purposes

15. Dispute Resolution

These Terms are governed by the laws of Kenya. Any disputes shall be resolved through:

• Good faith negotiation between the parties
• Mediation, if negotiation fails
• Arbitration under the Arbitration Act of Kenya, if mediation fails

The courts of Kenya shall have exclusive jurisdiction for any matters not subject to arbitration.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the platform. Continued use after changes constitutes acceptance of the modified Terms.

17. General Provisions

• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce any provision does not waive our right to enforce it later
• Assignment: You may not assign your rights under these Terms without our consent
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and BimaSasa

18. Contact Us

For questions about these Terms of Service, contact us:

• Email: hello@bimasasa.co.ke
• Website: bimasasa.co.ke