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Terms and Conditions – Kenya

Balozy Consumers

Balozy Technologies, Inc

Effective: September 05, 2022

Last updated 08/29/2025

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BALOZY TECHNOLOGIES Kenya, INC. (“BALOZY,” “WE,” “US,” OR “OUR”).

  1. Acceptance of this Agreement

Marketplace Technology & Service Facilitation

About Balozy

Balozy is a digital marketplace powered by mobile-first technology that connects everyday Kenyans—homeowners, businesses, and consumers—with independent service providers (“Contractors”).

Through the Balozy app, users can request trusted services from listed professionals. Once a request is made, Balozy’s system instantly notifies relevant Contractors, service providers, enabling seamless booking, coordination, and service delivery at the client’s chosen location.

Balozy does not own, operate, or directly offer any services. We are not a service provider, homeowner, or business entity. Our role is to power the connection—making it easier, safer, and more transparent for clients and pros to work together.

By accessing the website at , installing or using the Balozy mobile application (“App”), installing or using any other software provided by Balozy, or engaging with any feature, function, or service enabled by Balozy (each, a “Service” and collectively, the “Services”), including completing the Balozy account registration process, you—on behalf of yourself, your heirs, assigns, and successors (“you” or “your”)—hereby represent and warrant that:

(a) you have read, understand, and agree to be bound by this Agreement.

(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Balozy (the “Minimum Age”); and

(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you disagree to be bound by the Agreement, you may not access or use Balozy’s Services.

2. Changes to Terms

Balozy reserves the right to revise the terms of this Agreement or any related policies at its discretion. Updates will become effective once the revised version is published on the Balozy website or shared through official service channels, including social media.

We encourage users to review these updates regularly to stay informed. By continuing to use the Services after any updates, you agree to be bound by the revised terms.

3. Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information by Balozy’s Privacy Policy, which is incorporated in this Agreement by reference. Certain features of our Services may be subject to additional terms and conditions, which to the extent permitted by applicable law are incorporated herein by reference.

4. Rules and Prohibitions

By using the Services, you agree that:

(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, Balozy employees, or our community.

(b) You will only use the Services under all applicable laws, including copyrights, trade secrets, or other intellectual property rights or other rights of any third party, including privacy, personality, or publicity rights.

(c) You will only access the Services using means explicitly authorized by Balozy Technologies.

(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e) You will not use the Services to cause nuisance, annoyance, or inconvenience.

(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, user, or Contractor, unless Balozy has given you prior permission to do so in writing.

(g) You will not copy or distribute the Software, or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media.

(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(j) You will keep secure and confidential your account password or any identification credentials we provide you which allow access to the Services.

(k) You will use the Software and Services only for your use and will not directly or indirectly resell, license or, transfer the Software, Services or content displayed by the Services to a third party.

(l) You will not use the Services in any way that could damage, disable, overburden, or impair any Balozy server, or the networks connected to any Balozy server.

(m) You will not attempt to gain unauthorized access to the Services and to account, resource, computer system, and/or and connected to any Balozy server.

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Balozy may use to prevent or restrict access to the Services or use of the Services or the content therein.

(o) You will not deep link to the Balozy website or access the Balozy website manually or with any robot, spider, web crawler, extraction software, automated process, and device to scrape, copy, index, frame, or monitor any portion of the Balozy website or any content on the Balozy website.

(p) You will not systematically retrieve data or other content from the Services.

(q) You will not try to harm other Users, Balozy, or the Services whatsoever.

(r) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.

(s) You will not abuse our promotional or credit code system, including redeeming multiple coupons at once or opening multiple accounts to benefit from offers available only to first timers.

(t) You will not attempt to undertake any of the preceding.

5. Platform Role & Service Provider Independence

You understand and agree that Balozy is a technology platform designed to connect users with independent local service providers (“Pros”) and third-party contractors (“Contractors”) who offer services through the Balozy app.

Balozy does not own, operate, or directly provide any professional services. It does not act as a retailer, employer, or common carrier. Instead, Balozy facilitates the transmission of service requests between users and independent providers.

By using the platform, you acknowledge and agree that:

  • Balozy is not responsible for the actions, omissions, or conduct of any Pro, Contractor, Merchant, or Client.

  • Balozy does not assess or guarantee the legality, suitability, skill level, or reliability of any service provider or offering.

  • Balozy does not verify compliance with local laws, licenses, or regulations by Pros or Clients.

  • All services and goods are provided directly by the Pros you select, and Balozy is not a party to the transaction.

You further agree that:

  • Title to any goods or services passes directly from the Pro to you at the designated service location.

  • Contractors act solely on your instructions to deliver or facilitate services.

  • Balozy shall not be liable for any direct, indirect, incidental, or consequential damages arising from services rendered by independent Contractors, including but not limited to personal injury, property damage, or financial loss.

  • Contractors, service providers, are responsible for confirming service feasibility at the client’s location. Balozy does not guarantee service availability or quality outside designated service zones.

  • Neither Balozy nor any Contractor acquires ownership or control over the goods or services provided through the platform.

  • Contractors are independent parties. Nothing in this Agreement shall be construed as creating an employment, agency, or joint venture relationship between Balozy and any Contractor.

  • Clients must confirm service completion in-app. Failure to do so may delay dispute resolution or release of payment.

This clause reinforces that Balozy is a facilitator—not a provider—and that all responsibility for service delivery lies with the independent parties involved.

6. Account Registration & Responsibility

To access certain features of Balozy, you may need to create an account. When registering and using the Services, you agree to:

  • Provide accurate, current, and complete information—and keep it updated at all times.

  • Be the sole authorized user of your account. You’re fully responsible for all activity that occurs under your login credentials.

  • Monitor your account to prevent access by minors or unauthorized users.

  • Never share, assign, or transfer your account to another person or entity.

If you suspect that someone else is using your account or password without permission, notify Balozy immediately. While we’ll do our best to support you, you may still be held responsible for any losses, damages, or legal issues caused by unauthorized use—whether or not you’ve reported it.

Balozy reserves the right to suspend or terminate your account if:

  • You provide false, outdated, or incomplete information.

  • We have reason to believe your account details are inaccurate or misleading.

  • You attempt to re-register after being banned or removed from the platform.

By using Balozy, you commit to maintaining a secure, honest, and respectful presence on the platform—for yourself and the community.

7. User-Generated Content & Conduct

(a) Platform Role & Limitation of Liability

Balozy is a digital marketplace that connects verified service providers (“Pros”) with customers seeking local services. Balozy does not employ, supervise, or directly manage any service provider listed on the platform.

By using Balozy, all users acknowledge and agree that:

  • Balozy facilitates connections, not service delivery.

  • The quality, safety, and outcome of any service is the sole responsibility of the service provider and the customer.

  • Balozy is not liable for damages, losses, injuries, or disputes arising from services rendered, including but not limited to property damage, personal injury, death or unsatisfactory work.

  • Balozy does not guarantee the performance, conduct, or reliability of any user or pro beyond the verification steps outlined in the app.

  • In case of disputes, Balozy may assist with mediation but is not obligated to resolve or compensate either party.

  • Users are encouraged to communicate clearly, confirm service details in-app, and report any misconduct or abuse using the platform’s reporting tools.

  • Only communication conducted through the Balozy app will be recognized for dispute resolution. Off-platform chats are not covered by Balozy’s protections.

(b) User Content & Platform Rights

Balozy may offer interactive features within the platform, including the ability to post ratings, reviews, comments, or other content (“User Content”). By submitting any User Content through the app or website, you confirm that:

  • You are the rightful owner of the content or have full permission to share it.

  • You grant Balozy a perpetual, irrevocable, royalty-free, transferable, and worldwide license to use, reproduce, modify, publish, display, translate, distribute, and create derivative works from your User Content in connection with Balozy’s business—without needing further approval or notification.

  • You also grant Balozy the right to use your username, profile details, and ratings to attribute your content across the platform and related communications.

This license allows other users to view, share, and interact with your content as permitted by Balozy’s features and functionality. The license remains valid even if your account is closed or the Services are terminated.

(c) Content Moderation & Enforcement Balozy reserves the right to monitor, review, remove, or restrict access to any User Content at its sole discretion—especially if it violates these Terms or is deemed harmful, abusive, misleading, or inappropriate. Balozy may suspend or terminate accounts that breach this policy.

(d) Legal Compliance & Safety Balozy may access, preserve, or disclose your content and account information if reasonably necessary to:

  1. Comply with legal obligations or government requests
  2. Investigate violations of these Terms
  3. Prevent fraud, abuse, or technical threats
  4. Respond to support queries
  5. Protect the rights, safety, and integrity of Balozy, its users, and the public

By using Balozy, you agree to uphold respectful communication and share content that reflects the dignity and trust we aim to build across Kenya.

(e) In-App Communication Requirement

To ensure transparency, safety, and proper documentation, all communication between clients and verified service providers (“Pros”) must occur through the Balozy app.

 1. Why It Matters

  • In-app chats are timestamped and securely stored, providing a clear record of agreements, changes, and boundaries.

  • These records serve as legal proof in case of disputes or escalated cases.

  • Off-platform communication is not covered by Balozy’s protections or policies.

    2.  User Responsibility

  • Pros and clients must use the app to discuss scope, pricing, location, and expectations.

  • Any updates or changes must be confirmed in-app to be recognized by the platform.

    3. Limitations

  • Balozy is not liable for misunderstandings or misconduct arising from off-platform communication.

  • Only in-app records will be considered valid for dispute resolution or legal escalation.

This clause reinforces Balozy’s commitment to verified hustle, zero-tolerance safety, and operational clarity.

(f) Feedback Submission

By submitting any ideas, suggestions, proposals, or other content (“Feedback”) to Balozy—whether through service links, forums, wikis, or similar channels—you acknowledge that you do so voluntarily and at your own risk. Balozy is under no obligation to treat such Feedback as confidential or to provide compensation, credit, or acknowledgment.

You confirm that you have all necessary rights to share the Feedback and grant Balozy a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide license to use, copy, modify, publish, display, distribute, translate, create derivative works from, and otherwise exploit the Feedback in any manner, with full rights to sublicense.

(g)  Ratings & Reviews Policy

When you post Ratings or Reviews of Merchants, Pros, or other businesses through Balozy, you agree that:

  • These Ratings and Reviews are considered User Content and are governed by this Agreement.

  • They do not reflect the views of Balozy or its affiliates, and Balozy does not endorse any individual Rating or Review.

  • Balozy is not liable for any claims, losses, or damages that may arise from Ratings or Reviews shared on the platform.

To maintain fairness and integrity across the Balozy community, you agree to the following:

  1. ✅ Your Rating or Review will be based on first-hand experience with the Merchant, Pro, or business.

  2. 🚫 You will not review any business where you have a personal, financial, or employment relationship, or review its competitors.

  3. 💸 You will not accept payment, free services, or other incentives in exchange for posting a Rating or Review.

  4. 📜 Your review will comply with the terms of this Agreement and reflect honest, respectful feedback.

Balozy reserves the right to remove any Rating or Review—without notice—if we believe it compromises the integrity of the platform or violates this Agreement.

(h) Verification, Vetting & Due Diligence

To maintain trust, safety, and accountability across the Balozy platform, all service providers (“Pros”) and clients may be subject to identity verification and onboarding protocols.

By using Balozy, all users acknowledge and agree that:

  • ID Verification: Balozy may collect and store national ID numbers, photos, and other documentation to verify user identity.

  • Onboarding Records: Balozy maintains logs of training, onboarding steps, and consent agreements for all verified Pros.

  • Due Diligence: In the event of misconduct, Balozy may present verification records, chat logs, booking history, and onboarding data to demonstrate platform compliance and good faith.

  • Right to Re-Verify: Balozy reserves the right to re-verify any user at any time, especially in cases of flagged behavior or safety concerns.

  • No Guarantee of Conduct: While Balozy verifies identity and onboarding, it does not guarantee the behavior, skill level, or reliability of any user beyond the verification steps outlined.

  • Data Protection: All verification data is stored securely and handled in accordance with Kenya’s Data Protection Act and Balozy’s Privacy Policy.

(i) Zero-Tolerance Policy & Abuse Reporting

Balozy is committed to maintaining a safe, respectful, and dignified environment for all users—especially verified service providers (“Pros”). Abuse, harassment, exploitation, or any form of misconduct will not be tolerated.

By using the Balozy platform, all users agree to the following:

  • One-Tap Reporting: Any user may report abuse, harassment, or inappropriate behavior directly through the app using the built-in reporting feature.

  • Backend Logging: All reports are timestamped and logged, including chat history, booking details, and user metadata, to support investigation and resolution.

  • Immediate Suspension: Upon receiving a credible report, Balozy may immediately suspend the accused user’s account pending investigation.

  • Investigation & Action: Balozy reserves the right to investigate all reports, request additional evidence, and take appropriate action—including warnings, permanent bans, or legal escalation.

  • No Retaliation: Retaliating against a user for filing a report is grounds for immediate removal from the platform.

  • Legal Cooperation: Balozy may cooperate with law enforcement or legal authorities where necessary to protect users and uphold platform integrity.

This policy applies to all users—pros, clients, guests, and internal staff. Balozy is a platform for verified hustle, not for nonsense

(j) Transparent Payment Flows & Fraud Prevention

To protect users and verified service providers (“Pros”), Balozy enforces transparent payment protocols across the platform. By using Balozy, all users agree to the following:

  • Digital Receipts: All completed bookings generate digital receipts accessible via the Balozy App. These receipts include service details, pricing, timestamps, and pro/client identifiers.

  • Upfront Pricing: Service costs must be clearly displayed and agreed upon before booking confirmation. Hidden charges or post-service price inflation is strictly prohibited.

  • Dispute Logs: In case of a payment-related dispute, Balozy maintains chat history, booking records, and maybe payment logs to support fair resolution. Users are encouraged to report discrepancies immediately via the in-app reporting tool.

  • Cashless Preference: Users are strongly discouraged from engaging in cash-only transactions outside the platform. Such payments lack traceability and may void Balozy’s ability to assist in dispute resolution or fraud claims.

  • Traceable Payments: All payments made via M-Pesa, card, or in-app wallet are logged and protected under Kenya’s Data Protection Act. These records may be used to verify service delivery, resolve disputes, or investigate misconduct.

  • Fraud Prevention: Balozy reserves the right to suspend or investigate any user engaging in off-platform payments, price manipulation, or fraudulent claims. Repeat offenders may be permanently removed from the platform.

(k) Independent Payment Agreements

While Balozy encourages digital, traceable payments through the platform, we recognize that some users may prefer to negotiate their own payment terms outside the app.

By using Balozy, all users acknowledge and agree that:

    • Off-Platform Agreements: Pros and customers may independently agree on payment methods, schedules, or terms outside the Balozy platform. These arrangements are at their own discretion and risk.

    • No Liability: Balozy is not responsible for disputes, fraud claims, or service issues arising from off-platform payments—including cash, mobile transfers, or informal agreements.

    • Dispute Limitations: If a payment is made outside the Balozy app, Balozy may be unable to assist with dispute resolution, refunds, or verification of service delivery.

    • Encouraged Best Practice: For safety, accountability, and fraud prevention, users are strongly encouraged to transact through Balozy’s verified payment channels

    •  

8. Communications with Balozy

By signing up for a Balozy account, you agree to receive messages from Balozy, verified service providers (Contractors), and trusted third-party partners. These messages may come via email, SMS, phone calls, or push notifications to the mobile number you provided.

Some of these communications may be automated or include prerecorded messages—for example, updates about your bookings, service confirmations, or account activity. Standard message and data rates may apply.

If you prefer not to receive promotional messages, you can update your notification settings anytime in your account. To stop receiving SMS messages, simply reply “STOP” from the mobile device receiving them.

9. E-SIGN Disclosure

By creating a Balozy account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Balozy at privacy@Balozy.com with “Revoke Electronic Consent” in the subject line.

To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Balozy at privacy@Balozy.com with contact information and the address for Services.

10. Intellectual Property Ownership

Balozy alone (and its licensors, where applicable) shall own all rights, title, and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by Balozy. Balozy name, Balozy logo, and the product names associated with the Software and Services are trademarks of Balozy or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.

11. Balozy Service Provider Payment and Credit Usage

(a) Balozy Credits.

To connect with customers, you must purchase Credits through the Balozy App. The App will clearly display the Credit pricing before purchase, and prices may be adjusted at Balozy’s discretion. Additionally, VAT (or a local equivalent) will be applied on top of the Fees.

All Credits must be prepaid via M-pesa and will be credited to your account on the App. These Credits can then be used to connect with customers or access their details on the App, which will indicate the number of Credits required for each individual Contact.

Credits bought via M-pesa can be utilized to connect with customers on the App. The App will display the required number of Credits for each individual Contact. Pros will not be able to contact customers without redeeming the necessary Credits.

If you opt to purchase a Credit Subscription, payments must be made through the App at the specified prices and intervals for these services. You can initiate your payment directly on the App using M-pesa. By subscribing, you agree that we (or our third-party payment processors) may charge your payment for the applicable Subscription Fees or recurring Credits at the beginning of each Subscription Period or Credit Subscription Period, as applicable.

With a Credit Subscription, any unused Credits will carry over to the following month. If you’d like to increase your monthly Credit allowance, feel free to contact our customer success team using the details provided above.

All Credits remain valid for 12 months from the date of purchase. Any unused Credits will automatically expire at the end of this period and cannot be refunded or extended.

(b) No Refunds.

Purchased credits are non-refundable, except under the conditions outlined below. For instance, no refunds will be issued if the Client Contact information we provide is accurate but the Prospective Client fails to respond to your introduction, or if the job is not secured. Furthermore, refunds do not apply if the Prospective Customer decides, at their sole discretion, not to engage any of the professionals introduced to them

You may qualify for a refund of Credits used for a specific lead if you inform us within 14 days of contacting the customers and meet one of the following conditions:

       i.    The provided phone number is invalid, such as if you hear a message stating that “calls are not being connected to this number.”

       ii.      The provided email address is non-functional, resulting in a bounce-back message when attempting to send an email.

  iii). We confirm that the contact details provided do not belong to the individual who submitted the request

If you qualify for a refund of Credits as outlined above, please note that the refund will not be provided as a monetary reimbursement. Instead, the refunded Credits will be reinstated to your Balozy App account

If you’ve subscribed to a Subscription Service, you can cancel it and request a refund within 7 days. The refund period begins on the later of either (a) the activation date of the Subscription Service or (b) the conclusion of any free Trial Period. However, this refund is only valid if you have not utilized the discount code or any free leads included with a premium subscription during the Cooling Off Period.

(c) Promotional Offers and Credits.

At its sole discretion, Balozy may offer promotions with varying features and rates to selected users. These offers are governed by this Agreement and may apply only to specific users, as outlined in each promotion.

By accepting a promotional offer, you agree that:

  1. It may only be used by the intended recipient, for the stated purpose, and in a lawful manner.

  2. It may not be duplicated, sold, transferred, or shared publicly unless explicitly permitted by Balozy.

  3. It is subject to the specific terms set by Balozy for that offer.

  4. It cannot be exchanged for cash or cash equivalents.

  5. It expires on the date stated in the offer or in Balozy’s .

Balozy reserves the right to withhold or revoke any credits or benefits obtained through a promotion if it determines that the redemption was erroneous, fraudulent, unlawful, or violated the terms of the offer or this Agreement. Offers may be modified or cancelled at any time.

Balozy may also issue complimentary credits for use on the platform. These credits are valid for six (6) months from the date of issuance, unless otherwise restricted by law. Expired credits will be removed from your account and cannot be redeemed or used.

(d) Fees for Services.

Balozy may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Services Fees, Credit Fees, Subscription Fees, and Surge Fees.

(e) Referral Program.

Balozy Referral Program Overview

Balozy’s outline how registered Users in good standing can earn promotional Balozy credits. Here’s how it works:

  • Each User gets a unique referral link (“Personal Link”) to invite eligible friends to join Balozy.

  • When a referred friend signs up and places their first order using the Personal Link, it counts as a Qualified Referral.

  • For every Qualified Referral, the referring User may receive a promotional credit—details are listed on the .

Please note: Balozy reserves the right to update the Referral Program terms and its Social Media Guidelines at any time. 

Balozy maintains certain social media pages for the benefit of the Balozy community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines.

12. Indemnification

Balozy is a digital marketplace that connects users with independent service providers (“Pros”). While we verify identities and facilitate bookings, Balozy does not directly supervise or insure the services rendered.

You agree to indemnify and hold harmless Balozy and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty, condition or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and attorneys’ fees incurred by the Indemnified Party. Balozy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Balozy in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.

By using the Balozy platform, all users agree to indemnify and hold harmless Balozy Technologies Kenya, Inc., its officers, directors, employees, and affiliates from any claims, losses, damages, or liabilities arising from:

  • Services rendered by third-party Pros or clients

  • Injuries, property damage, or disputes related to service delivery

  • Violations of law, misconduct, or negligence by any user

Users further agree not to pursue legal action against Balozy for third-party actions, and acknowledge that Balozy’s role is limited to facilitating connections—not guaranteeing service outcomes.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. BALOZY MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.

BALOZY DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BALOZY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

14. Internet Delays

The Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in Balozy’s privacy policy or as otherwise required by applicable law, Balozy is not responsible for any delays, Services failures, or damage, loss or injury resulting from such problems.

15. Breach And Limitation of Liability

(a) General.

You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 19 to keep the Software and Services simple and efficient, and costs low, for all users.

(b) Cap on Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW BALOZY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO BALOZY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

(c) Disclaimer of Certain Damages.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW BALOZY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). 

16. Termination

If you violate this Agreement, Balozy may respond based on several factors, including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

In addition, at its sole discretion, Balozy may modify or discontinue the Software or Service or may modify, suspend, or terminate your access to the Software or the Services, for any reason, with or without notice to you without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, Balozy reserves the right to take appropriate legal action, including, without limitation pursuing civil, criminal, or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

17. Procedure for Making Claims of Copyright Infringement.

Balozy’s policy is to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Balozy by the copyright owner or the copyright owner’s legal agent. Without limiting the preceding, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Balozy’s Copyright Agent for notice of claims of copyright infringement is as follows: General Counsel, Balozy, Inc. Balozysupport@balozy.com

18. General

(a) No Joint Venture or Partnership.

No joint venture, partnership, employment, or agency relationship exists between you, Balozy, or any third-party provider because of this Agreement or use of the Software or Services.

(b) Severability.

Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(c) Accessing and Downloading the Application from iTunes or Google Store.

The following applies to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”) or Google store:

(1) You acknowledge and agree that (i) the Agreement is concluded between you and Balozy only, and not Safaricom or Apple or Google, and (ii) Balozy, not Safaricom or Apple or Google, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the  Safaricom Terms of Service, App Store Terms of Service as well Google Store Terms of services.

(2) You acknowledge that Safaricom or Apple or Google has no obligation whatsoever to furnish any maintenance and support services concerning the Safaricom, App/Google Store Sourced Application.

(3) In the event of any failure of the App/Google Store Sourced Application to conform to any applicable warranty, you may notify Safaricom or Apple or Google. Safaricom/Apple/Google will refund the purchase price, if any, for the App/Google Store Sourced Application to you and to the fullest extent permitted by applicable law, Safaricom/Safaricom/Safaricom/Apple/Google will have no other warranty obligation whatsoever concerning the App/Google Store Sourced Application. As between Balozy and Safaricom or Apple or Google, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty or condition will be the sole responsibility of Balozy.

(4) You and Balozy acknowledge that, as between Balozy and Safaricom or Apple or Google , Safaricom or Apple or Google  is not responsible for addressing any claims you have or any claims of any third party relating to the Safaricom/App/Google Store Sourced Application or your possession and use of the App Store Sourced Application or Google, including, but not limited to: (i) product liability claims; (ii) any claim that the Safaricom/App/Google Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(5) You and Balozy acknowledge that, in the event of any third-party claim that the Safaricom, App/Google Store Sourced Application or your possession and use of that App/Google Store Sourced Application infringes that third party’s intellectual property rights, as between Balozy and Safaricom/Apple/Google, Balozy, not Apple/Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

(6) You and Balozy acknowledge and agree that Safaricom/Apple/Google, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the Safaricom/App/Google Store Sourced Application and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the request to enforce this Agreement as related to your license of the Safaricom/App/Google Store Sourced Application against you as a third-party beneficiary thereof.

(7) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the Safaricom/ App/Google Store Sourced Application.

(f) Notice.

Where Balozy requires that you provide an e-mail address and phone number you are responsible for delivering Balozy with your most current e-mail address and phone number. If the last e-mail address you provided to Balozy is not valid or for any reason, is not capable of delivering to you any notices required or permitted by this Agreement, Balozy’s dispatch of the e-mail containing such information will nonetheless constitute effective notice. You may information notice to Balozy through the following web form: https://help.Balozy.com/consumers/s/contactsupport. information notice shall be deemed given on the next business day Balozy receives such e-mail Balozy.

(g) Electronic Communications.

For contractual purposes, you (1) consent to receive communications from Balozy in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Balozy provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including your email address, current. This subparagraph does not affect your statutory rights.

(h) Transfer and Assignment.

You may not transfer or assign this Agreement, or any rights or licenses granted under it, to any other party. Balozy, however, may transfer or assign this Agreement without restriction. Any attempt to transfer or assign this Agreement in violation of these terms will be considered null and void.

This Agreement is binding upon, and will benefit, both parties and their respective successors and permitted assigns

(i) Entire Agreement.

This Agreement is the final, complete, and exclusive agreement of the parties concerning the subject matter hereof and supersedes and merges all prior discussions between the parties concerning such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Balozy relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.

(j) Legal Support & Education

Balozy is committed to protecting the dignity, safety, and rights of all users—especially verified service providers (“Pros”). In cases involving serious misconduct, harassment, or legal disputes, Balozy may offer limited legal support and educational resources.

   Legal Aid Partnerships

  • Balozy may collaborate with registered legal aid organizations, pro bono lawyers, or community justice centers to assist users in escalated cases.

  • These partnerships are discretionary and subject to availability, jurisdiction, and case severity.

  • Balozy does not guarantee legal representation or outcomes, but may facilitate referrals or documentation support.

      Legal Education for Pros

  • Balozy may provide basic legal awareness to verified Pros through onboarding modules, push notifications, or in-app alerts.

  • Topics may include: rights at work, boundary-setting, reporting abuse, and understanding contracts.

  • Educational content is for informational purposes only and does not constitute formal legal advice.

    Limitations

  • Balozy is not a legal service provider and does not offer legal counsel.

  • Users are responsible for seeking independent legal advice where necessary.

  • Balozy reserves the right to update, suspend, or discontinue legal support features at any time.

This clause reinforces Balozy’s commitment to verified hustle, zero-tolerance safety, and community empowerment.

19. Contact Information

Balozy welcomes your questions or comments regarding this Agreement:

Balozy Technologies Kenya, Inc.

Email us at: customersuccess@balozy.com

Telephone Number: +254 717760234

Important Links

Balozy Help form: https://balozy.com/request-we-contact-you/

Balozy Privacy:  https://balozy.com/privacy-policy/

Balozy Community Guidelines- https://balozy.com/balozy-guidelines

 

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