Legal information

1. G-amini Subscription Agreement

This Subscription Agreement ("Agreement") is entered into between Braysons Group Ltd, a company registered in Kenya ("Braysons", "we", "us"), and the person or organisation that signs up for or uses G-amini ERP ("Customer", "you"). By creating a database, accepting a quotation or paying a subscription invoice, you accept this Agreement.

1.1 The service

Braysons provides G-amini ERP, a modular business management platform, as a hosted service ("G-amini Cloud"), as a single-tenant hosted instance ("G-amini Dedicated") or as an on-premise licence for Enterprise customers. The applications, user types and limits available to you depend on the package you subscribe to, as described on the Pricing page and in your order.

1.2 Accounts and users

• You are responsible for the people you give access to, for keeping login details confidential, and for the access rights you assign.
• Each full user licence is for one named person. Licences may be reassigned when staff leave, but may not be shared at the same time.
• Employee self-service, POS device, field device and approver-only licences may only be used for the purposes described for that licence type.
• Portal access for your customers, vendors, farmers and job candidates is free and unlimited.

1.3 Free trial

New customers may use all applications free of charge for 30 days without providing a payment card. Trial databases are provided as-is, without service level commitments. If you convert to a paid package, your trial data is kept.

1.4 Fees, invoicing and VAT

• Fees are stated in Kenya Shillings and exclude VAT at 16%. International customers may be billed in US dollars at the prevailing rate.
• Subscription invoices are issued through KRA eTIMS and numbered in the format GAYYNNNNN (for example GA2600123).
• You may pay by M-Pesa Paybill 4040895 (account number: your invoice number), M-Pesa STK push, Visa or Mastercard, or PayPal.
• Prices are fixed for the paid term. Renewal prices may increase by no more than 10% per year, with at least 30 days' notice.
• Users and devices added during a term are charged pro rata for the remaining days and are payable within 7 days.

1.5 Renewal, late payment and suspension

Subscriptions renew automatically for the same period unless cancelled before the end of the current term. A renewal invoice is issued 14 days before the period ends. If an invoice is unpaid on its due date:

Access is restored automatically as soon as the outstanding amount is paid.

1.6 Cancellation and refunds

• You may cancel at any time from Settings → Subscription or by contacting billing. Cancellation stops renewal at the end of the current period.
• Annual plans cancelled within 30 days of the first payment receive a pro-rated refund. After that, no refund is due for the current term.
• Downgrades and user reductions take effect at the next renewal.
• Refunds are made to the original payment method: M-Pesa B2C to the paying number, PayPal refund or card refund.
• After cancellation your database is kept for 90 days so you can export it, then permanently deleted after a final email notice.

1.7 Your data

You own the data you enter into G-amini ERP. We process it only to provide, secure and support the service, as set out in the Data Processing Terms and the Privacy Policy. You can export your data at any time in standard formats (CSV, XLSX, PDF and a full database backup on request).

1.8 Our responsibilities

• We operate the service with reasonable skill and care and in line with the Service Level Agreement.
• We keep statutory configuration (tax rates, payroll rules) current for Kenya and publish changes before they take effect. You remain responsible for confirming that your configuration and filings are correct for your business.
• We apply security updates and release improvements without extra charge.

1.9 Limitation of liability

To the extent permitted by law, Braysons' total liability under this Agreement in any 12-month period is limited to the fees you paid for the service in that period. Neither party is liable for indirect or consequential loss, including loss of profit, revenue or goodwill. Nothing in this Agreement limits liability that cannot be limited under Kenyan law.

1.10 Changes to this Agreement

We may update this Agreement to reflect changes in law, the service or our business. Material changes are notified by email at least 30 days in advance and apply from your next renewal.

2. Acceptable Use Policy

You agree not to use G-amini ERP, or allow others to use it, to:

• break any law, including tax, anti-money-laundering, consumer protection and data protection laws;
• send unsolicited marketing messages, or message people who have opted out, using the Email, SMS or WhatsApp tools;
• store or distribute malware, or content that infringes the rights of others;
• attempt to access databases, accounts or systems that are not yours, probe for vulnerabilities outside our responsible disclosure programme, or disrupt the service for other customers;
• resell or sublicense the service, or use it to build a competing product, except as permitted in a written partner agreement;
• remove, hide or alter the "G-amini ERP by Braysons" mark on generated documents.

We may suspend accounts that breach this policy, after notice where reasonably possible.

3. Service Level Agreement

Uptime excludes scheduled maintenance announced at least 48 hours in advance and outages caused by events outside our reasonable control. Where Enterprise uptime falls below 99.9% in a month, you may claim a service credit against your next invoice. Backups are taken daily and retained for 30 days, with a recovery point objective of 24 hours (1 hour with point-in-time recovery on Cloud) and a recovery time objective of 4 hours.

4. Data Processing Terms

When you use G-amini ERP to process personal data about your employees, customers, suppliers or other people, you are the data controller and Braysons acts as your data processor under the Kenya Data Protection Act, 2019. These terms form part of the Subscription Agreement.

• Instructions. We process personal data only on your documented instructions, which include your configuration and use of the service.
• Confidentiality. Our staff with access to customer data are bound by confidentiality obligations and access data only when needed for support or security.
• Security. We apply the technical and organisational measures described in the Security Policy.
• Sub-processors. We use carefully selected hosting, messaging and payment providers. We list them in the Privacy Policy and give notice before adding new ones.
• Data subject requests. The service includes tools to export or anonymise a contact's data. We help you respond to requests you cannot handle with those tools.
• Breaches. We notify you without undue delay, and in any case within 48 hours, after becoming aware of a personal data breach affecting your data, so that you can meet your own obligations to the Office of the Data Protection Commissioner.
• Location and transfers. You may choose hosting in a Kenyan data centre (add-on). Any transfer outside Kenya is made under appropriate safeguards as required by the Act.
• Return and deletion. At the end of the service, you can export your data for 90 days, after which we delete it, except where law requires us to keep it.

5. Trademark and the document mark

"G-amini", "G-amini ERP" and the G-amini logo are trademarks of Braysons Group Ltd. You may refer to G-amini ERP by name to describe that your business uses it. You may not use our logo or name in a way that suggests we endorse your products, or register names or domains that could be confused with ours.

You may fully brand the documents you generate with your own logo, colours, fonts and layout. Every PDF generated by G-amini ERP, on every package, carries the text "G-amini ERP by Braysons" in the footer band of each page (and "Powered by G-amini ERP by Braysons" as the last line of thermal POS receipts). This mark is applied after your template is rendered and cannot be removed or hidden through layout settings, Studio, custom templates or the API.

6. Implementation services terms

Implementation, training, data migration and custom development are quoted separately. Fixed-price packages (Quick Start, Business Standard) cover the scope stated in the quotation; work outside that scope is charged at our published rates. Custom modules developed for you are delivered with source code for use in your G-amini database. Unless agreed otherwise in writing, Braysons keeps ownership of reusable tools and components, and you receive a perpetual licence to use them in your business.

7. Governing law and disputes

This Agreement is governed by the laws of Kenya. The parties will first try to resolve any dispute through good-faith discussion between senior representatives within 30 days. Disputes that cannot be resolved this way will be referred to arbitration in Nairobi under the Arbitration Act, 1995, before a single arbitrator, unless the parties agree to go to the courts of Kenya.

8. Contact

Braysons Group Ltd, Signature Mall, Nairobi, P. O. Box 6084-00100, Nairobi. Tel +254 733 338 989 · g-amini.co.ke
Legal and billing questions: info@g-amini.co.ke · Privacy: info@g-amini.co.ke · Security: support@g-amini.co.ke