1. Introduction
These Terms of Service (“Terms”) govern the access to and use of cloud-based financial technology software solutions, platforms, applications, interfaces, and related services (“Services”) provided by Intrasoft Technologies Limited (“Intrasoft”, “we”, “us”, or “our”).
By accessing, registering for, or using the Services, you (“Client”, “you”, or “your”) agree to be legally bound by these Terms, together with any documents incorporated by reference, including the Privacy Policy, Order Forms, Subscription Schedules, and applicable policies.
If you do not agree to these Terms, you must not access or use the Services.
2. Definitions
- Account means a Client’s registered access to the Services.
- Client Data means all data, records, information, or content uploaded, entered, processed, or stored through the Services.
- Order Form means a written or electronic document specifying subscription plans, fees, billing cycles, and selected Services.
- Subscription Plan means the commercial arrangement governing access to the Services.
- Software means all applications, modules, APIs, dashboards, and systems provided by Intrasoft.
3. Eligibility and Authority
3.1 You must have legal capacity to enter into a binding agreement.
3.2 If you are acting on behalf of an organization, you warrant that you have authority to bind that organization to these Terms.
4. Scope of Services
4.1 Intrasoft provides cloud-based financial technology software solutions which may include, but are not limited to:
- Digital lending and loan management systems
- Core banking and financial management platforms
- Payment processing and integration tools
- Client onboarding, KYC, and reporting modules
- Accounting, reconciliation, and analytics tools
- APIs and third-party integrations
4.2 Details of specific modules, features, usage limits, service tiers, and applicable fees are set out in the applicable Order Form, Proposal, Invoice, Subscription Schedule, or on our official website, all of which are incorporated into these Terms by reference.
4.3 Intrasoft reserves the right to enhance, modify, replace, or discontinue features or Services, provided that such changes do not materially reduce the core paid functionality during an active subscription period.
5. License and Acceptable Use
5.1 License Grant
Intrasoft grants the Client a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for lawful business purposes during the subscription term.
5.2 Prohibited Activities
The Client shall not:
- Copy, reverse engineer, decompile, or modify the Software
- Resell, sublicense, or commercially exploit the Services
- Circumvent security or access controls
- Use the Services for unlawful, fraudulent, or unauthorized financial activity
- Introduce malicious code or interfere with system integrity
6. Client Data and Data Protection
6.1 Ownership
All Client Data remains the property of the Client.
6.2 Data Processing Role
For purposes of the Data Protection Act, 2019, the Client is the Data Controller, and Intrasoft is the Data Processor.
6.3 Data Security
Intrasoft implements appropriate technical and organizational measures to protect Client Data against unauthorized access, loss, or disclosure.
6.4 Data Retention
Client Data shall be retained in accordance with applicable laws and Intrasoft’s data retention policies.
6.5 Client Responsibility
The Client is responsible for ensuring lawful collection, accuracy, and compliance of all Client Data.
7. Account Security
Clients are responsible for safeguarding login credentials and all activities conducted through their Accounts. Intrasoft shall not be liable for unauthorized access resulting from Client negligence.
8. Fees, Billing, Invoicing, Suspension, and Termination
8.1 Subscription Fees
Fees are payable in advance unless otherwise agreed in writing. All fees are exclusive of applicable taxes.
8.2 Proforma Invoicing Timelines
Proforma invoices shall be generated as follows:
- Monthly subscriptions: 5 days prior to due date
- Quarterly subscriptions: 14 days prior to due date
- Semi-annual subscriptions: 30 days prior to due date
- Annual subscriptions: 30 days prior to due date
8.3 Payment Due Date
Invoices are due on the date specified therein.
8.4 Overdue Payment Notifications
The following notification process applies to all subscription plans:
- 1 day after due date: First overdue notice issued
- 2 days after due date: Final overdue notice issued
- 3 days after due date: Suspension notice issued
8.5 Service Suspension
If payment remains unpaid three (3) days after the due date, Intrasoft may suspend access to part or all of the Services without liability.
8.6 Suspension Period
Services shall remain suspended until:
- Full payment of outstanding amounts is received, or
- The account reaches 30 days overdue, at which point termination notice shall be issued.
8.7 Termination for Non-Payment
If payment remains outstanding for 30 days, Intrasoft shall issue a notice of termination. Termination shall take effect 15 days after the termination notice, being 45 days past due date, unless payment is settled in full.
8.8 Effect of Suspension and Termination
- Client Data shall remain securely stored during suspension
- Access to Services may be restricted
- Upon termination, access is permanently disabled
- Outstanding fees remain payable
8.9 Database Access Requests
Intrasoft does not provide direct access to the underlying database as part of standard subscription services. Upon written request, the Client may be granted a copy of their database for operational purposes subject to the following:
- A non-refundable fee of KES 15,000 + VAT is payable.
- Intrasoft may apply reasonable security measures, export formats, and delivery methods.
- The Client acknowledges that Intrasoft is not liable for any issues arising from the use of the exported database, including corruption, integration issues, or unauthorized sharing.
- Requests are subject to Intrasoft approval and scheduling.
8.10 Database Reactivation
In the event that a Client’s account has been terminated or suspended for an extended period, reactivation of the Services requires retrieval and restoration of the archived database. The following applies:
- A reactivation fee of KES 30,000 + VAT is payable prior to restoration.
- Intrasoft will restore the database to a new tenant within a reasonable period after payment.
- Intrasoft shall not be liable for any discrepancies or issues arising from the restored database.
- Reactivation is subject to Intrasoft’s operational scheduling and resource availability.
8.11 No Waiver
Failure to enforce any payment right does not constitute a waiver.
9. Service Availability and Support
Intrasoft aims to provide high service availability but does not guarantee uninterrupted or error-free operation. Scheduled maintenance may occur with reasonable notice.
10. Intellectual Property Rights
All intellectual property rights in the Software, trademarks, documentation, and technology belong exclusively to Intrasoft or its licensors. No rights are granted except as expressly stated.
11. Confidentiality
Each party shall maintain the confidentiality of proprietary, technical, and commercial information disclosed under these Terms, except where disclosure is required by law.
12. Regulatory and Compliance Obligations
12.1 Intrasoft provides technology solutions only and does not provide regulated financial services.
12.2 Clients operating as MFIs, banks, SACCOs, or regulated entities remain solely responsible for compliance with:
- Central Bank of Kenya regulations
- Microfinance Act, 2006
- SASRA Regulatory Framework
- AML/CFT laws
- Consumer protection and credit disclosure laws
12.3 Intrasoft shall not be liable for regulatory breaches resulting from Client operations or configurations.
13. Warranties and Disclaimers
Services are provided on an “as-is” and “as-available” basis. Intrasoft disclaims all warranties, express or implied, to the maximum extent permitted by law.
14. Limitation of Liability
To the maximum extent permitted by law:
- Intrasoft shall not be liable for indirect, incidental, or consequential damages
- Total liability shall not exceed fees paid in the preceding 12 months
15. Term and Termination
These Terms remain in effect while the Client uses the Services. Either party may terminate in accordance with these Terms or applicable Order Forms.
16. Modifications
Intrasoft may amend these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of Kenya. Disputes shall be resolved through amicable negotiation, mediation, and if unresolved, arbitration under Kenyan law.
18. Contact Information
Intrasoft Technologies Limited
Email: info@intrasofttechnologies.com
Phone: +254 (0) 706 427 805 / 0752 427 805
Website: www.intrasofttechnologies.com
~ Last updated 1st January 2026