Terms of Use

1. OVERVIEW

These Terms of Use form a legally binding agreement between Brimukon Labs (“Brimukon”, “we”, “us”, or “our”) and any person or entity accessing or using our website, mobile applications, software platforms, and any related services (collectively, the “Services”).

By accessing or using our Services, you confirm that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with any part of these Terms, you may not access or use the Services.

These Terms of Use should be read together with our Privacy Policy and any additional policies or notices we publish.

2. SERVICES AVAILABLE

We provide technology solutions, software tools, digital services and mobile applications including but not limited to Flip.IQ, M-Ficha (an SMS management and privacy tool) and other Brimukon offerings. The Services may evolve, change, or be discontinued at our discretion.

M-Ficha functions by parsing system SMS messages locally on your device; it is not a banking or financial services application, and we do not facilitate or process M-Pesa transactions directly

By using our Services, you acknowledge that you have evaluated their suitability for your needs and that we do not provide warranties that the Services will meet specific user requirements unless expressly stated.

3. PAYMENTS & PREMIUM FEATURES"

3.1 IN-APP PURCHASES

One-Time Payment: M-Ficha offers a Premium 'Ad-Free' version via a one-time purchase. This is a digital product, and access is granted immediately upon successful validation by the Google Play Store.

Payment Processing: All payments are processed by Google Play Billing. Brimukon Labs does not store or have access to your M-Pesa PIN, credit card numbers, or bank details.

Restore Purchase: Users may restore their purchase on a new device provided they use the same Google Play Account.

3.2 REFUND POLICY

Due to the nature of digital content, all one-time purchases for M-Ficha Premium are final and non-refundable once the features have been unlocked.

Technical Failure: If you are charged but the features fail to unlock after attempting a 'Restore Purchase,' and our technical team cannot resolve the issue.

Unauthorized Purchase: If a purchase was made accidentally by a minor or without consent, refunds must be requested through the Google Play Store Refund portal within 48 hours of the transaction, as Brimukon Labs does not directly manage the movement of funds."

4. CONTENT OWNERSHIP & USER MATERIALS

All content, trademarks, software, graphics, text, branding, and materials made available through our Services are the property of Brimukon Labs or licensed partners and are protected under Kenyan intellectual property laws and international conventions.

When you upload or submit content, you retain ownership of your content. You grant Brimukon Labs a limited, non-exclusive, royalty-free license to host, process, display, and use such content solely for the purpose of operating and improving the Services.

5. TERMINATION

You may stop using the Services at any time. We reserve the right to suspend or terminate accounts or access where users violate these Terms, applicable laws, abuse the platform, or compromise security.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by Kenyan law, Brimukon Labs shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including loss of data, business, or profits arising from the use of our Services.

Brimukon Labs is not liable for any financial decisions made based on the data displayed in M-Ficha. While we strive for 100% accuracy in SMS parsing, users are responsible for verifying their official balances via Safaricom’s official channels (Toolkit or M-Pesa App) before committing to any transaction."

The Services are provided “as is” and “as available” without warranties unless required by Kenyan law.

7. INDEMNIFICATION

You agree to indemnify and hold harmless Brimukon Labs, its directors, employees, and partners against any claims, damages, liabilities, legal costs, or losses arising from your misuse of the Services or violation of these Terms.

8. ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your account credentials and must notify us immediately in case of unauthorized access.

M-Ficha processes your SMS data locally on your device. No message content or financial balances are uploaded to Brimukon Labs servers.

9. DATA PROTECTION & PRIVACY (KENYA COMPLIANCE)

Brimukon Labs complies with the Kenya Data Protection Act, 2019, including principles of lawfulness, transparency, data minimisation, security, and user rights. Data handling practices are outlined in our Privacy Policy.

10. LEGAL COMPLIANCE

You agree that your use of our Services will comply with Kenyan laws including but not limited to:

• Kenya Data Protection Act, 2019
• Consumer Protection Act, 2012
• Kenya Information and Communications Act (KICA)
• Applicable e-commerce and cybersecurity regulations

11. AGE RESTRICTIONS

Users under 18 may only use the Services under supervision of a parent or legal guardian where applicable.

12. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of the Republic of Kenya. Any dispute shall first attempt amicable resolution. Failing agreement, disputes shall be resolved through arbitration seated in Nairobi, Kenya, in accordance with Kenyan arbitration laws. Courts of Kenya retain jurisdiction where arbitration is not applicable.

13. COLLECTIVE ACTION WAIVER

Except where prohibited under Kenyan consumer law, disputes shall be raised individually and not as class or group proceedings.

14. GENERAL TERMS

We may update these Terms. Continued use constitutes acceptance. If any clause is found invalid by a Kenyan court, the remaining Terms remain enforceable.

15. CONTACT & QUESTIONS

For questions regarding these Terms, contact us at:
[email protected]

16. ACCEPTANCE

BY CONTINUING TO USE OUR SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF USE.