Terms of Service

1. You may use the Service only if you are at least 18 years old, or you use the Service under the supervision and consent of a parent, legal guardian, or authorized organization, and you have the legal capacity to enter into a binding contract under the laws of Kenya.
2. Organizations such as funeral homes, churches, and service providers using the Service on behalf of families represent and warrant that they are duly authorized to do so and that they will comply with these Terms and applicable law.
3. By using the Service, you confirm that any information you provide is accurate and that you will keep it updated where necessary.

1. Account creation: Certain features, such as creating or managing memorial pages, require an account. You must provide accurate and complete information and keep it up to date.
2. Authentication: We may provide authentication through Google OAuth, magic-link email login, or other mechanisms. You are responsible for maintaining the confidentiality of your authentication credentials and for any activity under your account.
3. Unauthorized use: You must notify us promptly if you become aware of any unauthorized access to or use of your account or memorial pages.
4. Account roles: We may provide different roles, such as owner, admin, and contributor, with different levels of access and control. Owners and admins are responsible for managing collaborators and permissions appropriately.

Tufariji provides tools for creating and sharing digital memorial and funeral coordination pages, which may include features such as obituary and biography sections, photo galleries, program and event details, hymn lists, tributes, condolence walls, story submissions, live stream links, and display of contribution details such as M-Pesa or bank information.

The exact features available to you may depend on the tier or plan selected for each memorial and may change from time to time.

We may update, modify, or discontinue parts of the Service at our discretion, provided that we will not remove core paid features from already purchased tiers in a way that materially disadvantages you without reasonable notice or alternatives.

The Service allows users to submit, upload, or display various forms of content, including text, photos, event details, programs, and external links. Collectively, this is referred to as User Content.

Ownership: You, or the person or organization you represent, retain ownership of any intellectual property rights you hold in the User Content submitted to the Service.

License to Tufariji: By submitting User Content, you grant Tufariji a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and otherwise use that content solely for operating, maintaining, improving, and providing the Service, including displaying memorial pages, generating thumbnails, archives, backups, and processing content for functionality.

This license continues for as long as your User Content is hosted on the Service and for a reasonable period thereafter where necessary for backups, dispute resolution, or legal compliance.

Tufariji will not use User Content in external marketing materials or public promotions without appropriate consent from the relevant memorial owner or authorized representative.

By submitting User Content, you represent and warrant that:

1. You have the right and authority to submit the content and grant the license described in these Terms, including any necessary permissions from family members, next of kin, or rights holders.
2. The content is accurate to the best of your knowledge and respects the dignity and privacy of the deceased and any living individuals mentioned or depicted.
3. The content does not infringe intellectual property rights, privacy rights, or other rights of any person.
4. The content does not violate any applicable law or regulation, including laws relating to data protection, defamation, hate speech, or incitement.

You may not use the Service, or allow others to use it, to:

1. Post or transmit unlawful, defamatory, harassing, abusive, hateful, discriminatory, obscene, or otherwise inappropriate content.
2. Impersonate any person or misrepresent your affiliation with any person or organization.
3. Infringe intellectual property or other rights of any person.
4. Collect or harvest personal data from the Service for unauthorized purposes, including scraping or marketing without consent.
5. Disrupt or interfere with the security or integrity of the Service, including introducing malware, attempting unauthorized access, or overloading our systems.
6. Use the Service for direct commercial advertising or solicitation unrelated to the memorial or funeral context without prior written consent.

We reserve the right, but not the obligation, to review, moderate, or remove content and to suspend or terminate access where we reasonably believe these Terms have been violated or where content is inappropriate for the Service.

1. Page ownership and control: each memorial page is associated with an owner or primary admin account that has primary control over the page, collaborators, and enabled interactive features.
2. Moderation: where features such as condolence walls or stories are enabled, memorial owners or admins are responsible for moderating submissions. We provide moderation tools, but we do not routinely pre-screen all content.
3. Page duration: different tiers may include different page durations. After the applicable period, the page may be taken offline or archived in accordance with our product design, and we may offer options to extend or renew certain pages.
4. Backups and archives: we may generate and store backup copies or PDF archives of memorial content for a limited period, including to allow families to download a record or to comply with legal obligations.

1. Certain features or tiers of the Service are provided for a fee. Prices, features, and terms will be displayed at the point of purchase.
2. Payments may be processed via third-party providers such as M-Pesa, card and mobile money gateways, or other payment processors. Your use of those services is subject to their own terms and privacy policies.
3. Once a memorial page is successfully upgraded to a paid tier and made available, fees are generally non-refundable, except where required by law or where we decide to offer a refund, for example due to a technical failure preventing reasonable use of purchased features.
4. We may change pricing or introduce new charges from time to time, but those changes will not apply retroactively to already purchased and active memorial tiers.

Our handling of personal data is governed by the Data Protection Act, 2019 and related regulations of Kenya, and is further detailed in our Privacy Policy.

By using the Service, you acknowledge that you have read and understood our Privacy Policy and agree that we may process personal data as described there, including data about you, memorial subjects, and visitors, in order to provide and improve the Service.

Where you submit personal data of others, such as names and photos of family members or messages from visitors, you are responsible for ensuring that such processing is lawful, including obtaining any necessary consent or authorization.

The Service may incorporate or link to third-party services and content, including live stream platforms, payment gateways, mobile money providers, and mapping services such as Google Maps.

These third-party services are not under our control, and we are not responsible for their content, terms, or privacy practices. Your use of such services is subject to their own agreements and policies.

We do not endorse or assume responsibility for any third-party websites or services that are simply linked from a memorial page or from our website.

Except for User Content, which remains owned by users as described above, all rights, title, and interest in and to the Service, including software, design, graphics, logos, trademarks, and content, remain the exclusive property of Tufariji or its licensors.

You may not copy, modify, distribute, sell, lease, or otherwise exploit any part of the Service or its content, excluding your own User Content, without our prior written consent, except as expressly permitted by these Terms or applicable law.

1. We aim to keep the Service available, secure, and functioning properly, but we do not guarantee that it will be uninterrupted, error-free, or available at all times.
2. The Service and all content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.
3. We do not control or endorse any User Content, and we make no representations or warranties regarding the accuracy, completeness, or suitability of memorials or messages.

To the maximum extent permitted by applicable law:

1. Tufariji will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses resulting from your access to or use of the Service, any third-party conduct or content, or any unauthorized access to or alteration of your transmissions or content.
2. Our total liability for any claims arising out of or relating to the Service or these Terms will be limited to the amount you paid to us, if any, in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Kenyan law.

You agree to indemnify, defend, and hold harmless Tufariji and its officers, directors, employees, and agents from and against claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or connected with:

1. Your access to or use of the Service
2. Your User Content
3. Your violation of these Terms
4. Your violation of any rights of another person

1. We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if we reasonably believe that you have violated these Terms or applicable law, your use poses a security or operational risk, or we are required to do so by law or a competent authority.
2. Upon termination, your right to use the Service will immediately cease, we may disable access to your memorial pages in accordance with our product design and data retention practices, and provisions that by their nature should survive will continue to apply.

These Terms and any dispute arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.

If a dispute arises, we encourage you to contact us first to seek a resolution. If the dispute cannot be resolved amicably, it may be submitted to the courts of competent jurisdiction in Kenya.

Where a dispute involves data protection matters, you also have the right to lodge a complaint with the Office of the Data Protection Commissioner in Kenya.

We may modify these Terms from time to time, for example to reflect changes in our Service, legal requirements, or business operations.

When we make material changes, we will update the last updated date at the top of this document and may provide additional notice, such as a notice on our website or via email.

Your continued use of the Service after the updated Terms become effective will constitute your acceptance of the changes.

If you have any questions about these Terms, contact us at privacy@tufariji.co.ke.

We recommend that you retain a copy of these Terms for your records.