Terms of Service

1. Who these terms apply to

These Terms of Service (“Terms”) govern your access to and use of the Elona CRM platform, operated by Elona Group Limited, a company incorporated in Nairobi, Kenya (“Elona CRM”, “we”, “us”, “our”).

By registering for an account, clicking “I agree”, or using the Elona CRM platform at elonacrm.co.ke or elonacrm.com, you (“Customer”, “you”, “your”) agree to be bound by these Terms. If you are registering on behalf of a business entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, do not register for or use the Elona CRM platform.

2. The service

Elona CRM is a cloud-based customer relationship management (CRM) platform designed for Kenyan entrepreneurs and businesses. The service includes client management, invoicing, lead tracking, M-Pesa payment reconciliation, expense tracking, business reports, and KRA eTIMS invoice compliance, as described on the Elona CRM features pages.

The features available to you depend on the subscription plan you have selected (Starter, Pro, Expert, or Elite). Plan features are described on our pricing page (elonacrm.co.ke/crm-pricing-kenya).

We reserve the right to add, modify, or remove features from the platform at any time. We will give reasonable notice of material changes that reduce existing functionality.

3. Your account

You must provide accurate, current, and complete information when registering your Elona CRM account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

• You must be at least 18 years of age to register for an account
• One account registration constitutes one customer subscription unless otherwise agreed under an Elite plan
• You must not share your account credentials with parties outside your business
• You are responsible for notifying us immediately if you suspect unauthorised access to your account
• We reserve the right to require re-verification of your identity or business registration

4. Subscription, billing, and payment

Subscription plans and fees

Elona CRM subscriptions are billed in Kenyan Shillings (KES). Current pricing is published at elonacrm.co.ke/crm-pricing-kenya and may be updated with 30 days notice to existing customers.

Billing cycle

Subscriptions are billed monthly or annually as selected at registration. Annual plans are billed in advance for the full year. Monthly plans are billed on the same date each month.

Payment

Payment is processed via Paystack. Accepted methods include M-Pesa, Visa, and Mastercard. By providing payment details, you authorise us to charge the applicable subscription fee on each billing date.

Failed payments

If a payment fails, we will notify you and retry within 3 business days. If payment remains outstanding after 7 days from the original due date, access to the platform may be restricted. Outstanding balances do not expire and must be paid to restore access.

Refunds

We do not offer refunds on subscription fees already charged. If you cancel mid-month, your access continues until the end of the billing period. We may offer refunds at our discretion in cases of documented billing errors.

Free trial

Where a free trial is offered, no payment is required during the trial period. At the end of the trial, your account will require an active subscription to continue. We will notify you before the trial ends.

5. Acceptable use

You may use Elona CRM only for lawful business purposes in accordance with these Terms and all applicable Kenyan laws and regulations. You must not:

• Use the platform to process, store, or transmit illegal, fraudulent, or harmful content
• Attempt to gain unauthorised access to any part of the platform or another customer's data
• Use the platform to send unsolicited commercial communications (spam)
• Reverse-engineer, decompile, or attempt to extract the source code of the platform
• Use automated scripts or bots to interact with the platform in a manner that disrupts service
• Resell, sublicense, or otherwise make the platform available to third parties without our written consent
• Use the platform in a way that could damage the reputation of Elona CRM or Elona Group Limited

We reserve the right to suspend or terminate accounts that breach these acceptable use requirements without prior notice in cases of serious or repeated violations.

6. Your data and content

Your data belongs to you. All client records, invoices, leads, expenses, and other business data you create within Elona CRM remain your property. We claim no ownership over your content.

You grant Elona Group Limited a limited, non-exclusive licence to store, process, and transmit your data solely to the extent necessary to deliver the Elona CRM service to you, including KRA eTIMS transmission of your invoices.

You may export your data at any time from within the platform. On cancellation, your data is available for export for 90 days. See our Privacy Policy for data retention details.

You are responsible for ensuring that any personal data you enter about your clients into Elona CRM is collected and processed lawfully under the Kenya Data Protection Act, 2019. You are a Data Controller in respect of your clients' data.

7. Intellectual property

The Elona CRM platform, its code, design, features, and all associated intellectual property are owned by Elona Group Limited. Nothing in these Terms transfers ownership of any intellectual property to you.

The Elona CRM name, logo, and brand marks are trademarks of Elona Group Limited. You may not use them without our prior written consent.

Feedback, suggestions, or ideas you share with us about the platform may be used by us without any obligation to you.

8. Availability and service levels

We aim to maintain platform availability of 99.5% or higher, measured monthly. Scheduled maintenance is performed during low-usage hours (typically 1am to 4am EAT) and announced at least 24 hours in advance where possible.

In the event of an unplanned outage, we will communicate status updates via email and on the platform. We do not offer Service Level Agreement (SLA) credits on Starter and Pro plans. Elite plan SLAs are specified in the relevant enterprise agreement.

We are not liable for outages caused by third-party infrastructure failures, internet service provider issues, or circumstances beyond our reasonable control.

9. Limitation of liability

To the maximum extent permitted by Kenyan law, Elona Group Limited shall not be liable for:

• Indirect, incidental, or consequential loss arising from your use of or inability to use the platform
• Loss of business, revenue, profits, or data arising from service interruptions
• The accuracy of KRA eTIMS compliance: while we transmit invoices to KRA on your behalf, you remain responsible for the accuracy of the underlying invoice data
• Actions taken by third-party services we integrate with, including Paystack and KRA systems

Our total liability to you in any 12-month period shall not exceed the subscription fees you paid to us in that same period.

Nothing in these Terms limits liability for fraud, wilful misconduct, or death or personal injury caused by our negligence.

10. Termination

Termination by you

You may cancel your Elona CRM subscription at any time from within the platform or by emailing legal@elonacrm.com. Cancellation takes effect at the end of your current billing period. Your data remains available for export for 90 days after cancellation.

Termination by us

We may suspend or terminate your account with immediate effect if you:

• Breach these Terms in a serious or repeated manner
• Fail to pay subscription fees after the 7-day grace period
• Use the platform for illegal or fraudulent purposes
• Provide false information during registration

Where termination is for cause other than non-payment, we will give 14 days notice where practicable, except in cases requiring immediate suspension to protect the platform or other customers.

Effect of termination

On termination, your access to the platform ceases. Your data is retained for 90 days, during which you may request an export. After 90 days, your data is permanently deleted in accordance with our Privacy Policy.

11. Changes to these terms

We may update these Terms from time to time. We will notify you of material changes by email at least 30 days before they take effect. Your continued use of the platform after the effective date constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you may cancel your subscription before the effective date.

12. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

Before commencing formal proceedings, both parties agree to first attempt to resolve any dispute through good-faith negotiation for a period of not less than 30 days.