Vira Subscription Terms of Service

These Terms of Service (the "Terms") govern access to and use of Vira (the "Service"), the chat application made available at vira.chat and related mobile and desktop applications, provided by Fansoft Solutions, a company operating from F17, Ruaraka Square, Thika Road, Nairobi, Kenya ("Fansoft," "we," "us," or "our"). These Terms apply to every person or entity that registers for, subscribes to, or otherwise uses the Service ("Subscriber," "you," or "your").

By creating an account, starting a free trial, or subscribing to the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" and "your" refers to that entity.

1. The Service

Vira is a chat application that allows Subscribers to send messages, share media, and communicate with individuals and groups. Fansoft may add, change, or discontinue features of the Service from time to time, in accordance with Section 11 (Changes to the Service).

2. Eligibility and Accounts

1. You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create a Subscriber account and enter into a paid subscription. Where a parent or guardian permits a minor to use the free, non-paid features of the Service, that parent or guardian remains responsible for any subscription entered into on the minor's behalf.
2. You must provide accurate, current, and complete information when creating an account and must keep that information up to date.
3. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@fansoftsolutions.com if you suspect unauthorized use of your account.
4. Fansoft may suspend or terminate an account that provides false information or that is used in breach of these Terms.

3. Subscription Plans and Pricing

The Service is offered on a subscription basis. Fansoft currently offers the following plans, priced in United States Dollars (USD):

1. All subscription fees are payable in advance of the billing period to which they relate. Payment of the Annual Plan fee in advance entitles you to the discounted effective rate of US $10.00 per month for that year; payment of the Monthly Plan fee in advance entitles you to one month of access at US $13.00.
2. Fees are exclusive of any applicable value added tax (VAT), withholding tax, or other government levies, which will be added to your invoice where required by Kenyan law or the law of your billing address.
3. You may switch between the Monthly Plan and the Annual Plan through your account settings. A change takes effect at the start of the next billing cycle, unless otherwise stated at the time you make the change.

4. Free Trial

1. Fansoft may offer new Subscribers a free trial of the Service for a period of 14 days from the date of sign-up (the "Trial Period").
2. You will not be charged during the Trial Period. If you add a payment method at sign-up, it will not be charged until the Trial Period ends, provided you cancel before it does.
3. Unless you cancel before the Trial Period ends, your subscription will automatically convert to the paid plan you selected at sign-up, and the applicable fee under Section 3 will be charged in advance for the first billing period, in accordance with Section 5 (Automatic Renewal).
4. Fansoft may modify, limit, or discontinue free trial offers, or determine eligibility for a free trial, at its discretion.

5. Automatic Renewal

1. Subscriptions automatically renew at the end of each billing period (monthly or annually, as applicable) unless you cancel before the renewal date.
2. On renewal, Fansoft will charge your payment method on file the then-current fee for the plan you are subscribed to, in advance of the new billing period.
3. If a renewal payment fails, Fansoft may retry the charge, suspend your access to paid features, or downgrade your account to a free tier (if available) until payment is successfully made.

6. Cancellation

1. You may cancel your subscription at any time through your account settings on vira.chat or by emailing hello@fansoftsolutions.com. Cancellation takes effect at the end of the billing period you have already paid for; you will retain access to paid features until that date.
2. Cancelling your subscription stops future automatic renewals but does not, by itself, entitle you to a refund of fees already paid for the current billing period, except as set out in Section 7 (Refunds).
3. Fansoft may cancel or suspend your subscription for breach of these Terms, as described in Section 13 (Term and Termination).

7. Refunds

1. Because subscription fees are payable in advance for the billing period they cover, fees already paid are generally non-refundable, including where you cancel partway through a paid billing period or use only part of the Service's features.
2. Notwithstanding the foregoing, Fansoft may, at its sole discretion, issue a full or partial refund where required by applicable consumer protection law (including the Consumer Protection Act, 2012 (Cap. 501) of Kenya), where a billing error is confirmed, or where the Service was unavailable for a prolonged period due to a fault attributable to Fansoft.
3. Refund requests should be sent to hello@fansoftsolutions.com with your account details and the reason for the request. Fansoft will respond within a reasonable time.

8. Payment Methods and Authorization

1. You must provide a valid payment method (which may include debit/credit card, mobile money such as M-Pesa, or another method Fansoft makes available) and keep it up to date.
2. By providing a payment method, you authorize Fansoft and its payment processors to charge that payment method for all fees due under these Terms, including recurring renewal charges, until your subscription is cancelled.
3. You are responsible for any fees charged by your bank or mobile money provider in connection with payments made under these Terms.

9. Price Changes

Fansoft may change the pricing of the Service from time to time. Any price change will not affect a billing period you have already paid for. For a price increase affecting your plan, Fansoft will provide at least 30 days' notice by email or in-app notification before the new price takes effect on your next renewal. Continued use of the Service after a price change takes effect constitutes acceptance of the new price; if you do not agree, you may cancel your subscription before the change takes effect.

10. Acceptable Use

When using the Service, you agree that you will not:

• Use the Service for any unlawful purpose, or to send content that is defamatory, obscene, harassing, threatening, or that infringes the rights of others;
• Send spam, unsolicited bulk messages, or malware, or attempt to phish or defraud other users;
• Attempt to gain unauthorized access to the Service, other accounts, or Fansoft's systems, or interfere with the Service's operation (including through denial-of-service attacks, scraping, or reverse engineering);
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Resell, sublicense, or otherwise commercially exploit access to the Service without Fansoft's prior written consent;
• Use the Service in a manner that violates any applicable law, including Kenya's Computer Misuse and Cybercrimes Act, 2018.

Fansoft may investigate suspected violations and may remove content, suspend accounts, or take other action it considers appropriate, including termination under Section 13.

11. Changes to the Service

Fansoft is continuously developing the Service and may add, modify, or remove features, impose limits on certain features, or restrict access to parts of the Service, at any time. Fansoft will use reasonable efforts to notify Subscribers of material changes that reduce the core functionality of a paid plan.

12. User Content and Intellectual Property

1. You retain ownership of the messages, media, and other content you send or upload through the Service ("User Content"). By submitting User Content, you grant Fansoft a limited, non-exclusive licence to host, store, transmit, and display that content solely as necessary to operate and provide the Service to you and your intended recipients.
2. The Service, including its software, design, trademarks (including "Vira" and associated logos), and underlying technology, is owned by Fansoft or its licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right to use Fansoft's trademarks or branding without prior written consent.
3. You are solely responsible for your User Content and for ensuring you have the necessary rights and consents to send or share it through the Service.

13. Term and Termination

1. These Terms remain in effect for as long as you maintain an account or an active subscription.
2. Fansoft may suspend or terminate your access to the Service, with or without notice, if you materially breach these Terms, fail to pay fees when due, or use the Service in a way that creates legal liability or harm to Fansoft or other users.
3. You may terminate these Terms at any time by cancelling your subscription and deleting your account. Sections that by their nature should survive termination (including Sections 6, 7, 8, 15, 16, 17, 18, and 19) will continue to apply.
4. Upon termination, your right to access the Service ends immediately. Fansoft will handle any personal data retained after termination in accordance with its Privacy Policy and applicable law.

14. Data Protection and Privacy

Fansoft processes personal data collected through the Service in accordance with its Privacy Policy and the Data Protection Act, 2019 of Kenya. By using the Service, you consent to the collection, use, and processing of your personal data as described in the Privacy Policy, available at vira.chat. If you have questions about how your data is handled, or wish to exercise your rights under the Data Protection Act, 2019, contact Fansoft's data protection point of contact at hello@fansoftsolutions.com.

15. Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, secure, or error-free. Fansoft does not warrant that the Service will meet your requirements or that any defects will be corrected, except where such warranties cannot be excluded under applicable law, including the Consumer Protection Act, 2012 of Kenya.

16. Limitation of Liability

To the maximum extent permitted by applicable law, Fansoft and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or business opportunity, arising out of or related to your use of the Service, even if Fansoft has been advised of the possibility of such damages. Fansoft's total aggregate liability arising out of or related to these Terms or the Service will not exceed the total subscription fees you paid to Fansoft in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

17. Indemnification

You agree to indemnify and hold harmless Fansoft, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your User Content, or your breach of these Terms.

18. Governing Law and Dispute Resolution

1. These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of laws principles.
2. The parties will first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation. If a dispute is not resolved within thirty (30) days, either party may refer it to mediation or arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, 1995 of Kenya, before resorting to litigation.
3. Subject to the negotiation, mediation, and arbitration process described above, the courts of Kenya have exclusive jurisdiction over any dispute that is not resolved by that process.

19. General Provisions

19.1 Changes to These Terms

Fansoft may update these Terms from time to time. If Fansoft makes material changes, it will notify Subscribers by email or through an in-app notice at least 14 days before the changes take effect. Continued use of the Service after the effective date of the revised Terms constitutes acceptance of those Terms.

19.2 Entire Agreement

These Terms, together with the Privacy Policy and any plan-specific terms referenced on the Fansoft website, constitute the entire agreement between you and Fansoft regarding the Service and supersede any prior agreements on the subject.

19.3 Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19.4 Waiver

Fansoft's failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

19.5 Assignment

You may not assign or transfer these Terms without Fansoft's prior written consent. Fansoft may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

19.6 Force Majeure

Fansoft will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including power or internet outages, acts of government, natural disasters, or failures of third-party infrastructure or payment processors.

20. Contact Us

If you have questions about these Terms or your subscription, contact us at:

Fansoft Solutions
F17, Ruaraka Square, Thika Road, Nairobi, Kenya
P.O. Box 15455 - 00400, Nairobi, Kenya
Email: hello@fansoftsolutions.com
Phone: 0724 998 899
Website: vira.chat