Ingress Terms & Conditions

Grant of License

1.1 Condition Precedent. This license is granted strictly on the condition that the Licensee holds a valid and active insurance agent license or insurance intermediary license issued by the Insurance Regulatory Authority (IRA) of Kenya. However, a Licensee who does not hold a valid IRA license may be granted access by explicit written authorization from the insurance agency that recruited them. In such cases, the authorizing agency assumes full responsibility and indemnifies the Licensor against any claims arising from the Licensee's lack of licensure.

1.2 Scope of Grant. Subject to the Licensee's strict compliance with this EULA and payment of all applicable fees, the Licensor grants the Licensee a non-exclusive, non-transferable, revocable, and limited right to access and use the System.

1.3 Restrictions. The Licensee shall not: (a) sublicense, resell, rent, lease, or otherwise commercially exploit the System; (b) share login credentials or permit unauthorized access; (c) copy, modify, adapt, or attempt to reverse engineer the System; (d) use the System to develop a competing product; or (e) use the System for any illegal, fraudulent, or unauthorized purpose.

Data Protection Compliance and Privacy

2.1 Compliance with Law. The Licensee acknowledges that it is a Data Controller, and the Licensor is a Data Processor under the Kenya Data Protection Act, 2019. Both Parties shall process Personal Data in strict compliance with the Act.

2.2 Express Consent and Processing Instructions. (a) The Licensee expressly authorizes the Licensor to process Personal Data and Confidential Information for providing the System's functionality. (b) The Licensee instructs the Licensor to transfer Personal Data to insurers (including but not limited to various insurance companies) for policy issuance and to the KRA for retrieving Policyholder KRA PIN information. (c) The Licensee consents to the processing of Policyholder mobile phone numbers for initiating STK push payment requests via M-Pesa.

2.3 Security Safeguards. The Licensor shall implement appropriate technical and organizational measures to protect Personal Data and Confidential Information against unauthorized processing or accidental loss.

Third-Party Integrations and Disclaimer

3.1 Current Integrations. The System integrates with various insurance company systems, the KRA systems, the DMVIC System, and M-Pesa.

3.2 M-Pesa Payment Disclaimer. The Licensor shall not be liable for any delays or failures in the delivery of STK push prompts or payment confirmations from M-Pesa. The Licensee bears sole responsibility for reconciling payments.

3.3 Disclaimer of Liability. The Licensor provides integrations as a convenience. The Licensor does not warrant the accuracy or timeliness of data obtained from third-party systems (KRA, DMVIC, insurance company systems, etc.).

Intellectual Property Rights

The Licensor retains all right, title, and interest in and to the System. This EULA does not convey any ownership interest to the Licensee.

Service Level Agreement (SLA)

5.1 Uptime Commitment. The Licensor shall use commercially reasonable efforts to maintain a 95% uptime per calendar month, excluding scheduled maintenance and force majeure.

5.2 Bug Resolution. The Licensor shall use reasonable efforts to acknowledge bug reports within two business days and provide fixes for bugs that materially impact the System's core functionality within five business days. For the purposes of this clause, a 'critical bug' is defined as any issue that prevents the issuance of motor vehicle insurance certificates or significantly impairs the System's primary functionality.

Indemnification and Limitation of Liability

6.1 Licensee Indemnification. The Licensee shall indemnify the Licensor against claims arising from misuse of the System, breach of the Data Protection Act, or fraudulent issuance of policies.

6.2 Limitation of Liability. The Licensor's total aggregate liability shall be limited to the total fees paid by the Licensee in the twelve (12) months preceding the claim.

Term and Termination

7.1 Automatic Termination. The Licensee is assumed to hold a valid and active IRA license throughout the term of this EULA. Any use of this platform without a valid IRA license is strictly prohibited, unless expressly authorized in writing by the insurance agency that recruited the Licensee. In such cases, the authorizing agency shall indemnify the Licensor against any claims, losses, or liabilities arising from the Licensee's lack of licensure. This EULA shall automatically terminate upon the cancellation, suspension, or revocation of the Licensee's insurance agent license, or upon the withdrawal of the authorizing agency's explicit authorization.

7.2 Effect of Termination. Upon termination, the Licensee shall immediately cease all use of the System and the Licensor shall deactivate the Licensee's account.

Governing Law and Dispute Resolution

8.1 Governing Law. This EULA is governed by the Laws of Kenya.

Acknowledgement and Acceptance

By accepting these terms, the Licensee acknowledges that it has read, understood, and agrees to be bound by this EULA and confirms it holds a valid IRA license, or has been expressly authorized by a licensed insurance agency to use the System.