Terms of Service

1. Who these Terms are between

These Terms of Service (“Terms”) are an agreement between you (the individual registering, or the business you're registering on behalf of, referred to as “you” or the “tenant”) and [Agem Limited, trading as Mizani], a company registered in Kenya at [registered address] (“Mizani”, “we”, “us”).

By creating an account, or by ticking the box at registration, you agree to be bound by these Terms and by our Privacy Policy. If you're registering on behalf of a business, you confirm you have the authority to bind that business, and “you” in these Terms means that business.

2. What Mizani actually does

This section exists because it's the part most likely to be misread, and getting it wrong in a legal document would be worse than getting it wrong in the product. It's written to match the product exactly, not to sound more impressive than the product is.

2.1 Always free. Importing your M-Pesa statement, categorising transactions, and viewing your accounts and reports costs nothing and needs no subscription.

2.2 The paid tier (Standard). A subscription unlocks payroll calculation, statutory obligation preparation, bank and M-Pesa reconciliation, receipt and invoice capture, vendor payment recording, Temporary Hire, and the Bookkeeping Agent chat assistant.

2.3 Mizani prepares. It does not file, and it does not pay. This is the single most important sentence in this document. For Pay As You Earn (PAYE), the National Social Security Fund (NSSF), the Social Health Insurance Fund (SHIF), the National Industrial Training Authority (NITA) levy, the Housing Levy, and withholding tax: Mizani calculates what's owed and builds a downloadable filing pack and a payment reference. You are responsible for actually submitting that return to the Kenya Revenue Authority (KRA) or the relevant statutory body, and for actually paying it, through the correct government portal, in your own name. Mizani does not hold, move, or disburse your money to any statutory body on your behalf. When you tell Mizani a statutory obligation has been paid, Mizani records that in your books — it does not verify it with the authority in question, and recording it does not mean Mizani made the payment.

If this ever changes — if Mizani obtains the credentials and approval needed to file electronically with the Kenya Revenue Authority on your behalf for a specific return type — these Terms will be updated to say so plainly, for that return type specifically, before it happens, not after.

2.4 Temporary Hire (“Kibarua”). Mizani lets you engage a casual worker for a single task or a short period, and keeps track of what you agreed and what you owe them. Mizani is not the employer of anyone engaged through Temporary Hire, is not a party to that engagement, and is not responsible for paying that worker. You pay the worker yourself, through whatever method you agree with them, and record it in Mizani afterwards. You remain responsible for meeting your own obligations as an employer under the Employment Act 2007 and any statutory obligations that arise from engaging that worker, including where continued or repeated engagement may convert a casual arrangement into something Mizani's own conversion-watch feature will flag to you, but which only you can act on. Mizani sends SMS messages to workers you engage through this feature, on your instruction, to confirm the arrangement and the amount owed; you're responsible for having a lawful basis to share that worker's phone number with us for that purpose.

2.5 The Bookkeeping Agent. Mizani's assistant is powered by artificial intelligence. Artificial-intelligence-generated information may contain errors, omissions, inaccuracies, or outdated information, and must be independently reviewed by a qualified person before you rely on it for a filing, a payment, or any decision with financial or legal consequences. The Bookkeeping Agent tier, where a human at Mizani or a connected practice reviews flagged items, does not change this: it is bookkeeping support, not the substitute for a licensed accountant's sign-off where one is legally required.

2.6 Identity verification. We may ask you to confirm who is running your account, and that your business is genuinely registered, using your National Identity Card or Maisha Card and your Business Registration Service (BRS) number. This is due diligence — it exists because your real Kenya Revenue Authority (KRA) Personal Identification Number (PIN) goes into every filing pack we prepare for you, and because Temporary Hire puts real people to work for real pay. It is not required to use the free statement importer.

3. Your account

You must provide accurate information when you register, and keep it current — particularly your Kenya Revenue Authority (KRA) Personal Identification Number (PIN), your business registration details, and the phone number and email address we use to reach you about your account, your billing, and any statutory deadline approaching.

You're responsible for everything that happens under your account, including actions taken by anyone you invite as a team member, and for keeping your sign-in method (passkey, password, or one-time code) to yourself. Tell us immediately if you believe your account has been accessed without your permission.

One Mizani account belongs to one business at a time. You must be at least 18 years old, and legally able to enter into a contract in Kenya, to register.

4. Subscription, billing, and cancellation

4.1 Plans. Mizani currently offers three plans: Free, Standard, and Bookkeeping Agent. The price of each, and what each includes, is shown on the Billing page inside the product and may change — see Section 12. Bookkeeping Agent pricing is banded to your active headcount and replaces the Standard price; it does not stack on top of it.

4.2 Billing. Standard and Bookkeeping Agent are billed weekly or monthly, in advance, to the payment method on file. A processing fee applies to any statutory or Temporary Hire payment Mizani has disbursed on your behalf in the past — not to payments you make yourself. We do not charge this fee for payments you make and simply record.

4.3 Cancellation. You can cancel at any time from the Billing page. Cancelling stops future billing at the end of the period you've already paid for; we don't offer refunds for the unused portion of a period already paid, and this will need your lawyer's confirmation that this is enforceable as written for a Kenyan consumer under the Consumer Protection Act 2012. Cancelling automatically switches off Bookkeeping Agent pricing where applicable, since continuing to bill that rate to someone who has cancelled would be the opposite of what cancelling means.

4.4 Payment failure. If a payment fails, your account moves to a past-due state and paid features pause until it's resolved; your data is not deleted for this reason alone.

5. Data, privacy, and how long we keep it

Our separate Privacy Policy — [link, once written] — sets out what personal data we collect, why, and your rights over it under the Data Protection Act 2019. In summary here:

We register as a data controller with the Office of the Data Protection Commissioner and process your data on the lawful bases of contractual necessity (running the service you've signed up for), your consent (where we ask for it specifically, such as sharing a Temporary Hire worker's phone number), and our legitimate interest in keeping the platform secure and working.

Sensitive fields — your Kenya Revenue Authority (KRA) Personal Identification Number (PIN), national identity number, bank and M-Pesa credentials — are encrypted at rest.

We keep your financial records for at least five years after they're created, matching the retention period the Tax Procedures Act 2015 requires of you as the record-keeper, since it's your records we're keeping on your behalf.

If your account becomes dormant — no sign-in and no paid activity for 90 days — we'll warn you by email, repeatedly, over a 30-day window, with a link to download everything before anything is touched. Nothing is deleted on a timer alone; a platform owner makes an explicit decision at the end of that window, every time, and you can ask us to close your account yourself at any point instead of waiting to be marked dormant. Once an account is deleted, it is genuinely gone — we keep no archived copy — so downloading your data during that window is the only way to keep it.

6. Intellectual property

Mizani, the Mizani name, and the software itself belong to us. Your business's own data — your transactions, your books, your documents — is and remains yours; we don't claim ownership of it, and we don't use it to train models or for any purpose beyond providing the service to you, unless you separately agree otherwise.

7. Acceptable use

You won't use Mizani to launder money, evade tax, misrepresent a business's registration or identity, engage in fraud, or break Kenyan law, including the Computer Misuse and Cybercrimes Act 2018. You won't try to access another tenant's data, interfere with the platform's operation, or use it to send unsolicited messages to people who haven't agreed to receive them. We can suspend or close an account that does any of this, following the same process described in Section 5 and inside the product itself.

8. Disclaimers and limitation of liability

[This section needs a Kenyan lawyer more than any other in this document.]

Mizani is provided “as is.” We work to keep calculations, statutory deadlines, and prepared filing packs accurate, and we correct mistakes we find, but Mizani is not a licensed tax agent, accountant, or law firm, and using it does not substitute for one where the law requires one. You are solely responsible for the accuracy of what you actually submit to the Kenya Revenue Authority (KRA) or any other authority, and for paying it on time — Mizani prepares; you file and pay. To the fullest extent Kenyan law allows, Mizani is not liable for penalties, interest, or other consequences arising from a filing or payment you make late, incorrectly, or not at all, nor for decisions made on the strength of the Bookkeeping Agent's output without the independent review Section 2.5 describes.

Nothing in this section is intended to exclude any liability that cannot lawfully be excluded under Kenyan consumer protection law.

9. Termination

You can close your account at any time from Settings, which raises a request that a platform owner reviews before starting the 30-day warning window described in Section 5 — see the product's own account-closure flow for exactly how this works today. We can suspend or terminate your account for breach of these Terms, non-payment, or the dormancy process described above.

10. Governing law and disputes

These Terms are governed by the laws of Kenya. [Dispute resolution clause — courts of Kenya, or arbitration under the Arbitration Act 1995 — to be decided with your lawyer; this is a real choice with real consequences and shouldn't default to whichever is more common elsewhere.]

11. Changes to these Terms

We'll tell you before a material change to these Terms takes effect, and continued use after that date means you accept the new Terms. Each version is dated; if you accepted an earlier version and the changes are significant, we may ask you to accept again.

12. Contact

Questions about these Terms: [support email].