Customer Terms of Service

“Mandu”, “we”, “us”, or “our” refers collectively to: (a) Mandu Goodz, a business entity registered and operating under the laws of the Republic of Kenya; and (b) EMMMW LLC, a limited liability company organized under the laws of the United States of America. Both entities jointly own and operate the Mandu platform and are jointly and severally responsible for the obligations set out in these Terms.

The Customer is the individual person, company, or other legal entity that has registered for, subscribed to, or is otherwise accessing or using the Service. Where you access the Service on behalf of an organization, you represent and warrant that you have full authority to bind that organization to these Terms.

Authorized Users are the individuals that the Customer designates to access and use the Service within the Customer’s Tenant Environment. The Customer is fully responsible for all acts, omissions, and conduct of its Authorized Users and shall ensure that all Authorized Users comply with these Terms.

To use the Service, you must be at least 18 years of age and have the full legal capacity to enter into binding contracts under Applicable Law.

You agree to provide accurate, complete, and current information when creating your account and to promptly update your account information. Mandu reserves the right to suspend or terminate any account based on inaccurate or misleading information.

You are solely responsible for: (a) maintaining the confidentiality of your account login credentials; (b) all activity that occurs under your account; and (c) promptly notifying Mandu at support@mandu360.com of any actual or suspected unauthorized access. Mandu shall not be liable for any loss arising from your failure to maintain adequate account security.

You may not create multiple accounts to circumvent usage limits, extend trial periods, or access features not included in your Subscription Plan. Mandu reserves the right to merge, suspend, or terminate duplicate or abusive accounts.

Mandu provides a cloud-hosted, multi-tenant enterprise resource planning and business management platform covering accounting, invoicing, inventory management, purchasing, sales, human resources, payroll, CRM, project management, helpdesk, and business analytics. The specific features available depend on the Subscription Plan selected.

The Service is offered in tiered Subscription Plans. Features, usage limits, and fees are set out at mandu360.com/#pricing. Mandu reserves the right to add, modify, or remove plan tiers upon reasonable advance notice.

Mandu may offer eligible new Customers a complimentary Trial Period. The duration is determined by Mandu at the time of registration and may be varied by Mandu at any time for new sign-ups without prior notice. The specific Trial Period applicable to your registration will be communicated during the sign-up process. No payment is required during the Trial Period. Mandu reserves the right to suspend or terminate any trial used in bad faith or in violation of these Terms.

Unless you cancel before the end of your Trial Period, your subscription will automatically convert to a paid subscription and you will be charged the applicable fees. By activating a trial on a paid plan, you authorize Mandu and its payment processors to charge your payment method at the end of the Trial Period.

Mandu will use commercially reasonable efforts to make the Service available on a continuous basis, except for planned maintenance, emergency maintenance, and circumstances outside Mandu’s reasonable control. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MANDU DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION.

Mandu reserves the right to modify, update, enhance, or discontinue any feature at any time. For material changes that adversely affect core functionality, Mandu will endeavour to provide reasonable advance notice. If a material modification substantially reduces the core functionality you subscribed for, you may terminate your subscription and receive a pro-rated refund for the unused portion of the current billing period.

Mandu provides support via the integrated chat widget and by email at support@mandu360.com. Mandu will use reasonable efforts to respond to requests promptly but does not guarantee specific response times unless agreed separately in writing.

You agree to pay the fees applicable to your selected Subscription Plan as published at mandu360.com/#pricing. All fees are in United States Dollars (USD) unless expressly stated otherwise. Local currency amounts are indicative only.

Mandu processes payments through third-party payment processors. The payment methods and processors available are displayed at checkout and may be updated, added, or removed by Mandu at any time without prior notice. By submitting payment, you agree to the applicable payment processor’s terms. Mandu does not store full payment card details.

Subscriptions are billed monthly or annually as selected. Unless cancelled, your subscription renews automatically at the end of each billing cycle.

Mandu reserves the right to modify pricing with not less than thirty (30) days’ advance notice for changes affecting your current subscription. Your continued use after a price increase constitutes acceptance. If you do not accept a price increase, you may cancel before the effective date and receive a pro-rated refund.

Fees are exclusive of all applicable taxes, levies, and duties including VAT, GST, withholding tax, and digital services tax. You are solely responsible for all taxes applicable to your use of the Service in your jurisdiction.

You may cancel at any time through the self-service subscription portal in your Mandu desk or by emailing support@mandu360.com. Cancellation takes effect at the end of the current billing period.

If payment is not received, following at least seven (7) days’ notice, Mandu may suspend your access until all overdue amounts are paid. If unpaid for fourteen (14) days following suspension, Mandu may terminate the subscription. Customer Data is retained for a minimum of thirty (30) days during suspension.

Notify Mandu in writing within thirty (30) days of a disputed charge at support@mandu360.com. Mandu will review all reasonable disputes in good faith.

Except as expressly provided in Sections 4.6 and 5.4, all fees paid are non-refundable, including fees for partial billing periods and cancelled plans.

You may access and use the Service solely for your own internal business operations, in accordance with these Terms, the Documentation, and all Applicable Law, and within the limits of your Subscription Plan.

You agree that neither you nor any Authorized User will:

• Use the Service for any unlawful purpose or in violation of Applicable Law;
• Upload, transmit, or store Customer Data that infringes any third party’s rights;
• Attempt to gain unauthorized access to other Customers’ data or Mandu’s systems;
• Interfere with or disrupt the availability or integrity of the Service;
• Use automated tools, scripts, or bots to access the Service without express permission;
• Reverse engineer or attempt to derive source code from the Service;
• Resell, sublicense, or commercially exploit the Service without Mandu’s prior written consent;
• Share login credentials beyond the user limits of your Subscription Plan;
• Upload or transmit unlawful, defamatory, obscene, or harassing content;
• Use the Service to transmit spam, unsolicited communications, or phishing content;
• Remove, alter, or obscure any intellectual property notices on the Service.

Mandu may investigate suspected breaches and may suspend or restrict access, remove offending content, terminate the subscription, and report matters to law enforcement or regulatory authorities.

The Customer retains all right, title, and interest in and to Customer Data. Mandu acquires no ownership rights over Customer Data.

You grant Mandu a limited, non-exclusive, worldwide, royalty-free license to access, process, store, and display Customer Data solely to the extent necessary to provide and maintain the Service, respond to support requests, and comply with Applicable Law.

Mandu processes Personal Data in accordance with its Privacy Policy (mandu360.com/privacy), incorporated into these Terms by reference, and in compliance with the Kenya Data Protection Act, 2019, the EU GDPR where applicable, and the CCPA where applicable.

You are solely responsible for the accuracy and legality of Customer Data and for obtaining all necessary consents and permissions to provide Customer Data to Mandu and permit its processing as described in these Terms and the Privacy Policy.

Each Tenant Environment is logically isolated. Mandu implements technical and organizational measures designed to prevent unauthorized cross-tenant access.

You may request an export of your Customer Data at any time during an active subscription by contacting support@mandu360.com. Mandu will provide data in a standard machine-readable format within thirty (30) business days.

Upon expiry or termination of your subscription: (a) Mandu retains Customer Data in read-only form for thirty (30) days; (b) after that Mandu permanently deletes Customer Data from active systems; (c) residual backup copies are purged within a further ninety (90) days. Mandu may retain anonymized aggregated data that does not identify you.

Mandu implements commercially reasonable security measures to protect Customer Data. In the event of a confirmed breach materially affecting your Customer Data, Mandu will notify you in accordance with its legal obligations.

The Service may integrate with third-party products, platforms, and services including payment processors, tax compliance systems, and communication tools. Mandu’s selection of Third-Party Services may change at any time. Mandu will endeavour to provide reasonable notice of material changes to core integrations.

Your use of any Third-Party Service is governed by that provider’s terms and privacy policies. Mandu does not control Third-Party Services and accepts no responsibility for their content, functionality, security, or availability.

Mandu may offer compliance modules to assist with regulatory requirements such as electronic tax invoicing. Such modules: (a) may be added, modified, removed, or delivered through third-party compliance service providers at any time, with reasonable notice to affected Customers; (b) are subject to the availability of relevant government authority systems; (c) are an assistive tool only and do not constitute legal, tax, or regulatory advice; and (d) should be used alongside advice from qualified local professionals. Mandu shall not be liable for penalties or losses arising from the use or unavailability of compliance modules or underlying government systems.

Reference to any Third-Party Service does not constitute Mandu’s endorsement or warranty of that service.

The Service and all associated software, code, design, documentation, trademarks, and logos are the exclusive property of Mandu and its licensors. No provision of these Terms transfers any ownership interest to you.

Subject to compliance with these Terms and timely payment of fees, Mandu grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the Subscription Term solely for your internal business purposes.

The Service incorporates open-source software components governed by their respective licenses, available upon written request. Mandu’s proprietary software layer and platform services remain exclusively owned by Mandu.

If you provide suggestions, ideas, or feedback relating to the Service, you grant Mandu a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such feedback without any obligation or compensation to you.

Each party agrees to: (a) hold the other party’s Confidential Information in strict confidence; (b) not disclose it to any third party without prior written consent; and (c) use it solely for the purpose of performing obligations under these Terms.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no act of the receiving party; (b) was rightfully known prior to disclosure; (c) is independently developed without reference to it; (d) is rightfully received from a third party; or (e) is required to be disclosed by law, with prompt written notice where legally permitted.

Confidentiality obligations survive for three (3) years following expiry or termination of these Terms, except that trade secret obligations survive indefinitely.

Each party warrants that: (a) it has full legal authority to enter into these Terms; (b) execution does not violate any other agreement; and (c) it will comply with Applicable Law in its performance.

You additionally warrant that: (a) you have all rights and consents necessary to submit Customer Data; (b) Customer Data does not infringe any third party’s rights; and (c) your use of the Service complies with Applicable Law.

Mandu warrants that the Service will materially conform to the applicable Documentation during the Subscription Term. If it fails to do so and you notify Mandu within thirty (30) days, Mandu will use commercially reasonable efforts to correct it. This warranty does not apply to free trials or free-tier use.

The limitations in Sections 12.1 and 12.2 shall not apply to: (a) indemnification obligations; (b) damages from Mandu’s gross negligence or wilful misconduct; (c) breach of confidentiality obligations; or (d) liability that cannot be limited under mandatory Applicable Law.

You agree to defend, indemnify, and hold harmless Mandu and its affiliates from claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms or Applicable Law; (b) Customer Data infringing a third party’s rights; or (c) your violation of any third-party right.

Mandu will defend you against third-party claims that the Service, used strictly in accordance with these Terms, directly infringes a valid patent, copyright, or trademark, provided you: (a) promptly notify Mandu in writing; (b) grant Mandu sole control of the defence; and (c) provide reasonable assistance. This does not extend to claims from Customer modifications, use with non-Mandu products, or use of superseded versions.

These Terms commence when you first access the Service or click “I Agree” and remain in effect until terminated.

You may cancel your subscription at any time in accordance with Section 5.6.

Mandu may terminate immediately upon written notice if: (a) you materially breach and fail to remedy within fourteen (14) days of notice; (b) you become subject to insolvency proceedings; (c) you use the Service in a manner posing an immediate security risk; or (d) continued provision is prohibited by Applicable Law.

Mandu may terminate for convenience upon sixty (60) days’ prior written notice, providing a pro-rated refund of prepaid fees for the period following termination.

Upon termination: (a) your right to access the Service ceases; (b) outstanding fees become due; (c) Sections 2, 7.1, 9, 10, 11.4, 12, 13, 14.5, 15, and 16 survive; and (d) Customer Data is subject to the process in Section 7.7.

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict of law principles. Mandatory consumer protection provisions of your local jurisdiction are not displaced by this clause.

Before commencing formal proceedings, the parties agree to attempt good-faith negotiation for not less than thirty (30) days from written notice of the Dispute.

Unresolved Disputes shall be finally resolved by binding arbitration under the Arbitration Rules of the Nairobi Centre for International Arbitration (NCIA), conducted in English, with the seat of arbitration in Nairobi, Kenya.

To the fullest extent permitted by Applicable Law, you waive any right to bring or participate in any class action or representative proceeding against Mandu.

Either party may seek emergency injunctive relief from any court of competent jurisdiction to prevent infringement of Intellectual Property Rights or breach of confidentiality obligations.

These Terms, together with the Privacy Policy and any applicable Order Form, constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements.

Mandu may amend these Terms by publishing the revised version at mandu360.com/terms. For material amendments adversely affecting your rights, Mandu will provide not less than thirty (30) days’ advance notice. Continued use after the effective date constitutes acceptance.

If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force.

No failure or delay in exercising any right constitutes a waiver. Any waiver must be in writing and signed by an authorized representative.

You may not assign your rights without Mandu’s prior written consent. Mandu may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

Neither party shall be liable for delays or failures in performance (other than payment) caused by circumstances beyond its reasonable control, including acts of God, war, governmental action, pandemic, or cyberattacks.

Legal notices must be in writing. Notices to Mandu should be sent to support@mandu360.com. Notices to you will be sent to the email associated with your account.

The parties are independent contractors. Nothing in these Terms creates any employment, partnership, joint venture, agency, or franchise relationship.

You agree to comply with all applicable export control and sanctions laws. You represent that you are not a person or entity prohibited from receiving the Service.

These Terms are drafted in English. If translated, the English version controls in case of conflict.