TERMS OF USE

INTRODUCTION

Thank you for using our platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

Our Service

The Service allows you to internally communicate, issue invoices and share videos and posts on websites.

Your Service Provider

The entity providing the Service is FOMA ENTERTAINMENT MEDIA CO LTD, a company operating under the laws of United Republic of Tanzania, located at Off Kajenge Road, Plot No. 527, Bukoba Street, Alimaua Rd, Kijitonyama, Dar es Salaam (referred to as “FOMA ENTERTAINMENT”, “we”, “us”, or “our”). References to FOMA ENTERTAINMENT’s “Affiliates” in these terms means the other companies within our company.

Applicable Terms

Your use of the Service is subject to these terms, the FOMA ENTERTAINMENT's terms and conditions of service and the privacy policy (together, the "Agreement").

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Who may use the Service?

Age Requirements

You may use the Service if you are at least 13 years old;

Businesses

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.

To protect your service account, keep your password confidential. You should not reuse your account password on third-party applications.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law.

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from FOMA ENTERTAINMENT and, if applicable, the respective rights holders; or (c) as permitted by applicable law;

2. circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;

3. access the Service using any automated means (such as robots, botnets or scrapers) except: (a) with FOMA ENTERTAINMENT’s prior written permission; or (c) as permitted by applicable law;

4. collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person or allowed under section 3 above;

5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);

6. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

Reservation

Any right not expressly granted to you in this Agreement remains the right of FOMA ENTERTAINMENT or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

Develop, Improve and Update the Service

FOMA ENTERTAINMENT is constantly changing and improving the Service. As part of this continual evolution, we may make modifications (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones.We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software, that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

Rights you Grant

You retain all of your ownership rights in your domain names, trademarks. In short, what belongs to you stays yours. However, we do require you to grant certain rights to FOMA ENTERTAINMENT and other users of the Service, as described below.

Licence to FOMA ENTERTAINMENT

By using our Service, you grant to FOMA ENTERTAINMENT a non-exclusive, royalty-free, transferable, sublicensable licence to use that domain names or trademarks (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, and improving the Service.

Duration of Licence

The licences granted by you continue until the service is terminated.

Account Suspension and Termination

Terminations by You

You may stop using the Service at any time.

Terminations and Suspensions by FOMA ENTERTAINMENT

FOMA ENTERTAINMENT reserves the right to suspend or terminate your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) overdue service payment.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by FOMA ENTERTAINMENT unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, FOMA ENTERTAINMENT or our Affiliates.

About Software in our Service

This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by FOMA ENTERTAINMENT, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have FOMA ENTERTAINMENT’s written permission.

Open Source

Some software used in our Service may be offered under an open source licence that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

Other Legal Terms:

Warranty

We provide the Service with reasonable care and skill.

Disclaimer

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, FOMA ENTERTAINMENT does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs;

Limitation of Liability

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.

To the extent permitted by applicable law, FOMA ENTERTAINMENT and its Affiliates will not be responsible for:

1. losses that were not caused by FOMA ENTERTAINMENT or its Affiliates’ breach of this Agreement;

2. any loss or damage that was not, at the time that this Agreement was formed between you and FOMA ENTERTAINMENT, a reasonably foreseeable consequence of FOMA ENTERTAINMENT or its Affiliates breaching this Agreement; or

3. the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.

Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:

1. FOMA ENTERTAINMENT and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and

2. FOMA ENTERTAINMENT and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the last amount of payment that you paid to us for using our service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by FOMA ENTERTAINMENT. FOMA ENTERTAINMENT has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you may use.

About this Agreement

Changing this Agreement

We may change this Agreement, for example, to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (1) for legal, regulatory, or security reasons, or (2) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Assignment

FOMA ENTERTAINMENT may transfer all or part of this Agreement to an Affiliate or, if FOMA ENTERTAINMENT is sold, to a third party.

No Waiver

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).

Governing Law

This Agreement, and your relationship with FOMA ENTERTAINMENT under this Agreement, will be governed by United Republic of Tanzania Laws, and legal disputes may be brought in the courts of the United Republic of Tanzania.

If mandatory local law prohibits a dispute under this Agreement from being resolved by the courts of the United Republic of Tanzania, disputes can be brought in your local courts. If mandatory local law prohibits a local court from applying to the United Republic of Tanzania Law to a dispute under this Agreement, that dispute will be resolved according to the laws of your country of residence.