Terms and Conditions for Xpert Farmer

Data to Farm, Data for Business

Introduction

Welcome to Xpert Farmer, we are a farm management system that provides record keeping, labor and payroll management, accounting and finance and business analysis for data driven commercial production. These Terms and Conditions govern your access to and use of our services.

By using the Xpert Farmer system you agree to be bound by these terms and confirm that you have read and understood our Privacy Policy.

Definitions

  • “Xpert Farmer”, “we”, “our”, “us” – Refers to the company operating the Xpert Farmer platform.
  • “User”, “you”, “farmer” – Any individual, cooperative or corporate entity that registers for or uses the Xpert Farmer services.
  • “Platform” – The software, website and mobile application known as Xpert Farmer.
  • “Services” – All tools, features, content and usage packages offered by Xpert Farmer.

Purpose of the App

  1. Automate Farm Data Management
  2. Enable Business-Oriented Farming
  3. Provide Data-Driven Insights
  4. Support Decision-Making
  5. Boost Market Access and Financial Linkages
  6. Train and Onboard Less-Informed Farmers

Eligibility and Registration

You must:

  1. Be at least 16 years old.
  2. Have the legal capacity to enter into agreements.
  3. Provide accurate and complete registration information.
  4. Maintain confidentiality of your account credentials.

License to Use

We grant you a limited, non-transferable, non-exclusive license to use the platform for farm-related data management insights and decision support.

You may not:

  1. Reproduce, sell or lease any part of our software.
  2. Reverse engineer or attempt to extract the source code.
  3. Use our services for illegal or malicious purposes.

Data Management and Protection

Xpert Farmer respects and protects user data in accordance with the Kenyan Data Protection Act, 2019.

Your Rights:

  1. Access, rectify or delete your data.
  2. Withdraw consent at any time.
  3. Object to direct marketing.

Our Responsibilities:

  1. Store data securely.
  2. Avoid unauthorized access, disclosure or misuse.
  3. Retain data only as long as necessary or legally required.

Data Usage:

  1. To deliver personalized insights and services.
  2. For anonymized analysis to improve our system.
  3. To comply with legal or regulatory obligations.

Marketing and Communications

By signing up you agree to receive:

  1. Emails, SMS and WhatsApp messages related to your account or services.
  2. Marketing materials unless you opt out.

We will not share your contact information with third parties without your consent.

User-Generated Content

You are solely responsible for the accuracy of the data you input, including:

  1. Livestock and crop data.
  2. Inventory records.
  3. Production costs and revenue figures.

We reserve the right to remove any content that violates these terms or is deemed fraudulent, illegal or offensive.

Platform Availability and Updates

We strive for 99% uptime but we do not guarantee uninterrupted service. We may suspend access:

  1. For scheduled maintenance.
  2. To fix bugs or upgrade features.
  3. In response to security threats.

Warranties and Disclaimers

Xpert Farmer does not guarantee:

  1. That the platform will meet all your farm's unique needs.
  2. That the system is entirely error free or uninterrupted.
  3. That the insights provided guarantee increased yields or income.

You use the platform at your own risk.

Indemnification

You agree to indemnify and hold harmless Xpert Farmer, its employees, partners and affiliates from any claims, damages or losses arising from:

  1. Your misuse of the platform.
  2. Breach of these Terms.
  3. Inaccurate data entries or fraudulent activity.

Limitation of Liability

To the extent permitted by law:

  1. We are not liable for indirect, incidental or consequential damages.
  2. Our total liability will not exceed the amount you paid in the last 12 months.

Force Majeure

We shall not be held liable for any failure or delay in performance caused by circumstances beyond our control including:

  1. Natural disasters.
  2. Internet or power outages.
  3. Government restrictions.
  4. Epidemics or pandemics.

Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Kenya including:

  1. The Constitution of Kenya (2010) Articles 31 (Privacy), 46 (Consumer Rights)
  2. The Data Protection Act (2019)
  3. The Kenya Information and Communications Act
  4. The Agricultural sector regulations and county-specific Agri tech programs

Dispute Resolution Process:

  1. Amicable Negotiation
  2. Arbitration (in accordance with the Arbitration Act No. 4 of 1995)
  3. Legal recourse in Kenyan courts

Termination

We may suspend or terminate your account for:

  1. Breach of any terms.
  2. Non-compliance.
  3. Violation of Kenyan laws or misuse of data.

User-Initiated Termination (Account Deletion Request)

If you wish to delete your Xpert Farmer account, please follow these steps:

  1. Send an email to support@xpertfarmer.com from the email address registered with your account.
  2. Include the subject line “Account Deletion Request”.
  3. In the body of the email, provide your full name and the phone number or other identifier linked to your account.
  4. Our support team will review and verify your request.
  5. You will receive confirmation of account deletion within 7 working days of your request.

What Happens After Termination:

  1. Immediate Effects: Your access to Xpert Farmer services will be revoked.
  2. Data Deletion: Personal data such as your name, email address, contact details, billing records, and login credentials will be permanently deleted within 30 days of your request.
  3. Data Retention: Certain records (including financial transaction history, invoices, and tax-related documents) may be retained for up to 7 years as required by Kenyan law.
  4. Aggregated/Anonymous Data: Non-personal, anonymized data (including farm performance trends, statistical insights) may be retained and used for analytics purposes, but this information will no longer be linked to you personally.

Retention Exceptions

We may retain limited information for:

  1. Legal compliance and regulatory obligations.
  2. Resolving disputes or enforcing our terms.
  3. Security and fraud-prevention purposes, for a maximum of 90 days after account deletion.

Data will be handled per our Privacy Policy and in compliance with Kenya’s Data Protection Act.

Severability and Entire Agreement

If any clause is found to be unenforceable under law the rest remain valid. These T&C constitute the entire agreement between you and Xpert Farmer.

Third-Party Integrations

Xpert Farmer may integrate with services such as:

  1. Government agencies e.g. Ministry of Agriculture and Kenya Revenue Authority
  2. Financial institutions for credit scoring
  3. AI engines for insights
  4. Payment gateways M-PESA, Pesapal, and IpayAfrica

You understand and accept that use of third-party services may be governed by their own terms and we are not responsible for their actions or policies.

Platform Security

We implement technical and organizational measures to:

  1. Prevent data breaches and hacking
  2. Detect fraudulent or abnormal activity
  3. Limit access to sensitive data

You agree to avoid:

  1. Attempting to gain unauthorized access
  2. Using the platform for any malicious or criminal activity

Suspension and Account Action

We may suspend your account if:

  1. Payment is overdue 28 days post extension period of 32 days which is available upon request
  2. You breach our usage policies or misuse data
  3. Law enforcement requires access or account restrictions

You will be notified and may appeal via customer support.

Compliance with Taxation and Record-Keeping Laws

You are responsible for ensuring your farm’s financial data is compliant with Kenya’s laws, including:

  1. Income Tax Act (CAP 470)
  2. Value Added Tax (VAT) Act
  3. Requirements from KRA, County Agriculture Offices and Audit Authorities

We may provide tools to assist you but do not provide tax advisory services.

Use of AI and Analytics

By using Xpert Farmer, you consent to the use of AI for:

  1. Predictive insights for example feed optimization and crop cycles
  2. Data visualization
  3. Automated recommendations

All AI functions comply with ethical guidelines and data protection standards under Kenyan law.

Copyright and Trademark

All intellectual property on the platform, including:

  1. Code, graphics, content, analytics engines and tools
  2. “Xpert Farmer” branding and slogan (“Data to Farm, Data for Business”)

is the property of Xpert Farmer. You may not reproduce or repurpose these materials without written permission.

Community Engagement and Responsible Use

You agree to:

  1. Use respectful and constructive language in forums or chat features.
  2. Avoid uploading offensive or illegal content.
  3. Support community learning and inclusive dialogue.

Violation may lead to account restrictions.

Accessibility and Inclusion

We are committed to creating an inclusive product by:

  1. Supporting multiple languages Kiswahili and English
  2. Designing mobile-friendly interfaces
  3. Providing accessible formats for users with visual or motor challenges

Suggestions for improving accessibility are welcomed.

Feedback and Suggestions

Any suggestions ideas or improvements you submit become the intellectual property of Xpert Farmer. We may use modify or implement such ideas without compensating you.

Platform Modifications

We may change, suspend or discontinue features without prior notice. We will notify you of major updates via:

  1. Email
  2. Platform alerts
  3. Official social media channels

You are encouraged to check these terms periodically.

Amendments to Terms

We reserve the right to modify these Terms at any time. Updated versions will be posted on our website. Continued use of the platform after changes implies your acceptance of the new Terms.

Severability

If any clause is found unlawful or unenforceable, the remaining provisions shall remain in effect.

Entire Agreement

These Terms along with our Privacy Policy, constitute the full agreement between you and Xpert Farmer and supersede any prior agreements or representations.

Contact Us

If you have questions, complaints, or wish to exercise your rights under the Data Protection Act:
support@xpertfarmer.com