1. Agreement to Terms

By registering for, accessing, or using the LoanAfrica software platform ("the Platform", "the Software", or "the Service"), you ("the Tenant", "the User", or "the Subscriber") agree to be legally bound by these Terms and Conditions ("Terms") in their entirety. If you do not agree to these Terms, you must not register for, access, or use the Platform.

These Terms constitute a legally binding agreement between the Tenant and LoanAfrica and its developers, owners, and operators (collectively "LoanAfrica", "we", "us", or "our"). By ticking the acceptance box during registration, you confirm that you have read, understood, and accepted these Terms on behalf of yourself and the organisation you represent.

2. Definitions

• "Platform / Software" means the LoanAfrica multi-tenant loan management system, including all modules, APIs, reports, and associated services.
• "Tenant" means any organisation or individual that has registered an account on the Platform.
• "Tenant Data" means all data, records, documents, and personal information entered into or generated by the Platform by or on behalf of the Tenant, including but not limited to borrower details, loan records, payment histories, and financial data.
• "End Users" means the Tenant's employees, agents, officers, or any third party who accesses the Platform under the Tenant's account.
• "Subscription" means the Tenant's active, paid or trial licence to use the Platform.

3. Intellectual Property and Proprietary Rights

The Platform, including all source code, object code, algorithms, databases, user interfaces, designs, documentation, and all other components, is the exclusive intellectual property of LoanAfrica and its developers. All rights are reserved.

No licence to modify. The Tenant is granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for its internal business purposes during an active Subscription. This licence expressly excludes any right to:

• copy, reproduce, distribute, or resell the Software or any part thereof;
• reverse-engineer, decompile, disassemble, or attempt to derive the source code;
• modify, adapt, translate, or create derivative works based on the Software;
• sublicence, sell, rent, lease, or transfer the Software or any rights therein to any third party;
• remove or alter any proprietary notices, branding, or copyright marks on the Platform.

Any unauthorised modification, reproduction, or distribution of the Software constitutes a material breach of these Terms and may give rise to civil and criminal liability. LoanAfrica expressly reserves all rights not granted herein.

4. Tenant Responsibilities and Acceptable Use

The Tenant assumes full and sole responsibility for:

• all activities that occur under the Tenant's account and all End User accounts created within it;
• ensuring that the Platform is used in full compliance with all applicable laws, regulations, and regulatory requirements in the Tenant's jurisdiction, including but not limited to consumer credit legislation, anti-money laundering regulations, data protection laws, and financial services regulations;
• obtaining all necessary licences, permits, and authorisations required to conduct its lending or financial services business;
• the accuracy, legality, and integrity of all Tenant Data entered into the Platform;
• the conduct of its End Users and any third parties who access the Platform on the Tenant's behalf;
• maintaining the confidentiality of login credentials and access tokens; and
• promptly notifying LoanAfrica of any suspected unauthorised access to the Tenant's account.

The Tenant must not use the Platform for any unlawful, fraudulent, abusive, or harmful purpose, including but not limited to predatory lending, money laundering, harassment of borrowers, or any activity that violates applicable law.

5. Data Ownership, Processing, and Responsibility

5.1 Ownership of Tenant Data

As between LoanAfrica and the Tenant, all Tenant Data remains the sole property of the Tenant. LoanAfrica does not claim ownership of any Tenant Data.

5.2 Tenant is the Data Controller

The Tenant is solely responsible for determining the purposes and means of processing Tenant Data, and is therefore the data controller (or equivalent under applicable local law) in respect of all personal information entered into the Platform. The Tenant bears sole legal responsibility for:

• obtaining all necessary consents from data subjects (borrowers, guarantors, and other individuals) before capturing their personal information;
• ensuring that the collection, processing, storage, and sharing of personal information complies with all applicable data protection legislation, including but not limited to South Africa's Protection of Personal Information Act, 2013 (POPIA), Zimbabwe's Data Protection Act, and any other applicable national or regional data protection law;
• responding to data subject access requests, rectification requests, or deletion requests; and
• any regulatory penalties, fines, or enforcement actions arising from the Tenant's data processing activities.

5.3 No Liability for Data Loss or Exposure

To the fullest extent permitted by applicable law, LoanAfrica, its developers, directors, officers, employees, contractors, and agents shall not be liable for any loss, corruption, unauthorised access, disclosure, or exposure of Tenant Data, howsoever caused. This includes, without limitation:

• data breaches resulting from cyberattacks, hacking, malware, or other malicious third-party acts;
• data loss resulting from hardware failure, server outages, or force majeure events;
• accidental disclosure caused by the Tenant's misconfiguration or misuse of the Platform;
• data loss arising from the termination or suspension of the Tenant's account; or
• any other event outside LoanAfrica's reasonable control.

The Tenant acknowledges that it is solely responsible for maintaining its own backups of Tenant Data and for ensuring that adequate security measures are in place within its own organisation to protect access to the Platform.

5.4 Use of Data to Improve the Platform

LoanAfrica may use anonymised, aggregated, or de-identified Tenant Data to analyse usage patterns, improve Platform features, conduct research, and advance the development of the Software. Such use shall not identify any individual borrower or reveal confidential Tenant information. LoanAfrica will not sell identifiable Tenant Data to third parties.

6. Legal Compliance — Sole Responsibility of the Tenant

The Platform is a software tool designed to facilitate loan management operations. It does not constitute legal, financial, regulatory, or professional advice. The Tenant assumes sole and exclusive responsibility for all legal risks, regulatory compliance obligations, and liabilities that arise from the Tenant's use of the Platform.

Without limiting the foregoing, the Tenant is solely responsible for:

• compliance with consumer credit laws, interest rate caps, and lending regulations in its jurisdiction;
• any regulatory investigation, fine, penalty, sanction, or enforcement action taken against the Tenant by any government authority or regulator;
• any claim brought by a borrower, guarantor, or third party arising out of the Tenant's lending practices or use of data captured through the Platform;
• ensuring that loan products, interest rates, fees, and terms configured within the Platform comply with applicable law; and
• any tax obligations arising from the Tenant's business operations conducted using the Platform.

LoanAfrica, its developers, owners, and operators shall bear no liability whatsoever for any legal challenges, regulatory sanctions, fines, penalties, claims, or losses arising from the Tenant's use of the Platform, regardless of whether such challenges were foreseeable.

7. Suspension, Restriction, and Termination

LoanAfrica reserves the absolute right, at its sole discretion and without prior notice or liability, to suspend, restrict, limit, or permanently terminate any Tenant's access to the Platform at any time and for any reason, including but not limited to:

• non-payment of Subscription fees;
• expiry of a trial period without conversion to a paid plan;
• any actual or suspected violation of these Terms;
• reports or evidence of abusive, fraudulent, or illegal use of the Platform;
• complaints received regarding the Tenant's lending practices or treatment of borrowers;
• any activity that, in LoanAfrica's reasonable judgement, poses a risk to the Platform, its infrastructure, other tenants, or third parties;
• regulatory, legal, or compliance requirements; or
• business or operational reasons at LoanAfrica's discretion.

Where reasonably practicable, LoanAfrica will provide notice of suspension. However, LoanAfrica is under no obligation to do so in cases of suspected fraud, abuse, illegal activity, or emergencies. Upon termination, the Tenant's access to Tenant Data may be removed after a reasonable period as set out in our data retention policy.

8. Subscription, Payment, and Refunds

Access to the Platform beyond the free trial period requires a paid Subscription. All fees are due in advance as per the applicable plan. Failure to pay subscription fees when due may result in immediate suspension of access without notice. LoanAfrica does not offer refunds for partial periods of Subscription unless required by applicable law.

9. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permitted by law, LoanAfrica disclaims all warranties, including but not limited to:

• warranties of merchantability, fitness for a particular purpose, or non-infringement;
• warranties that the Platform will be uninterrupted, error-free, secure, or free of viruses or harmful components;
• warranties as to the accuracy, completeness, or reliability of any data, calculations, reports, or outputs generated by the Platform; and
• warranties that the Platform meets any specific regulatory or compliance requirements in any jurisdiction.

10. Limitation of Liability

To the maximum extent permitted by applicable law, LoanAfrica's total aggregate liability to the Tenant for any claim arising out of or relating to these Terms or the use of the Platform shall not exceed the total Subscription fees paid by the Tenant in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall LoanAfrica be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

• loss of profits, revenue, or business opportunity;
• loss, corruption, or exposure of data;
• regulatory fines or penalties imposed on the Tenant;
• reputational damage; or
• any third-party claims against the Tenant arising from the Tenant's use of the Platform.

11. Indemnification

The Tenant agrees to fully indemnify, defend, and hold harmless LoanAfrica and its developers, directors, officers, employees, contractors, and agents from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• the Tenant's use of or access to the Platform;
• any Tenant Data or the Tenant's data processing activities;
• the Tenant's violation of these Terms or any applicable law or regulation;
• the Tenant's lending practices, business operations, or treatment of borrowers; or
• any claim by a third party (including borrowers, guarantors, or regulators) arising from the Tenant's activities on the Platform.

12. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential. The Tenant agrees not to disclose LoanAfrica's proprietary technology, pricing, or business information to third parties without LoanAfrica's prior written consent.

13. Modifications to the Platform and Terms

LoanAfrica reserves the right to modify, update, or discontinue any feature of the Platform at any time without notice. LoanAfrica also reserves the right to amend these Terms at any time. Continued use of the Platform after any amendment constitutes the Tenant's acceptance of the revised Terms. It is the Tenant's responsibility to review these Terms periodically.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Zimbabwe, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be referred to binding arbitration in Harare, Zimbabwe, conducted in English, unless both parties agree otherwise in writing.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable in any jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between LoanAfrica and the Tenant with respect to the Platform and supersede all prior agreements, representations, or understandings relating thereto.

17. Contact

For questions regarding these Terms, please contact us at legal@myloanafrica.com.