Terms of Use
Effective date: 08/07/2026
Last updated: 08/07/2026
These Terms of Use ("Terms") govern your access to and use of the Fructa mobile application ("Fructa", the "app"), provided by [LEGAL ENTITY NAME] ("we", "us", or "our"). Please read them carefully.
By downloading, accessing, or using Fructa, you agree to be bound by these Terms. If you do not agree, do not use the app.
1. Who may use Fructa
You must be at least 18 years old and able to form a binding contract to use Fructa. By using the app, you confirm that you meet these requirements. Fructa is intended for use in Kenya and reflects the Kenyan investment market. It may not be appropriate for use elsewhere.
2. What Fructa is, and what it is not
Fructa is an information and comparison tool. It collects publicly available rate data for money market funds, Treasury bills, bonds, fixed income funds, and SACCOs, and lets you track holdings you manage elsewhere.
Fructa does not:
- hold, receive, transfer, or manage your money;
- open accounts, buy, sell, or place any investment or transaction on your behalf;
- act as a bank, fund manager, broker, dealer, custodian, or intermediary; or
- form part of, or represent, any provider whose rates it displays.
Any investment, purchase, or account you decide to open happens directly between you and the relevant provider, outside of Fructa, and is governed by that provider's own terms.
3. Not financial advice
The content in Fructa, including rates, comparisons, charts, rankings, projections, and any signals or commentary, is provided for general information only. It is not financial, investment, tax, legal, or other professional advice, and it is not a recommendation, offer, or solicitation to buy, sell, or hold any product.
Projections and calculations are illustrative estimates based on the inputs and assumptions used at the time. They are not guarantees of future returns. Rates change, and past performance does not indicate future results.
You are solely responsible for your own decisions. Before acting on anything you see in Fructa, you should confirm the figures with the relevant provider and consider seeking advice from a licensed financial advisor.
4. Accuracy of information
We draw rate and market data from public sources, including the Central Bank of Kenya, the Capital Markets Authority, and fund managers. We take reasonable care to keep this data accurate and up to date, but we do not warrant that it is accurate, complete, current, or free from error. Data may be delayed, and the same figure may be reported differently by different sources.
To the extent permitted by law, we are not liable for any loss arising from reliance on information shown in the app.
5. Your portfolio data
The holdings you add to the app are stored on your own device. You are responsible for the accuracy of what you enter and for keeping your device secure. If you uninstall the app, clear its data, or lose your device, that information may be permanently lost. How we handle information is described in our Privacy Policy at [PRIVACY POLICY URL].
6. Notifications
Notifications are optional. If you enable them, you agree to receive market and product alerts through the app. You can turn them off at any time in the app's settings or your device settings.
7. Acceptable use
You agree not to:
- use the app for any unlawful purpose or in breach of these Terms;
- copy, scrape, harvest, or extract data or content from the app for redistribution or any commercial purpose without our written permission;
- reverse engineer, decompile, or attempt to derive the source code of the app, except to the extent this restriction is prohibited by law;
- interfere with, disrupt, or attempt to gain unauthorised access to the app or its systems; or
- use the app to develop or train a competing product or service.
8. Intellectual property
The app, its design, its content, and the Fructa name and logo are owned by us or our licensors and are protected by intellectual property laws. Rate figures sourced from third parties remain the property of their respective owners.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the app for your own personal, non-commercial purposes. All rights not expressly granted are reserved.
9. Third-party providers and links
The app names, displays data about, or links to third parties, including fund managers and other providers. We do not control and are not responsible for their products, services, content, or terms. Any dealing between you and a third party is solely between you and that party.
10. Availability and changes to the app
We may add, change, suspend, or remove features, or the app as a whole, at any time and without notice. We do not guarantee that the app will always be available, uninterrupted, or error free.
11. Fees
The app is currently provided free of charge. [OPTIONAL: delete this section if there will never be paid features. If you introduce fees, subscriptions, or in-app purchases, additional terms will apply and will be presented to you before any charge.]
12. Disclaimer of warranties
To the fullest extent permitted by law, the app and all content are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the app will meet your requirements or that it will be secure, uninterrupted, or error free.
13. Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, investment losses, savings, data, or goodwill, arising out of or relating to your use of, or inability to use, the app, even if we have been advised of the possibility of such loss.
To the fullest extent permitted by law, our total liability arising out of or relating to the app or these Terms will not exceed [the greater of the amount you paid us to use the app in the twelve months before the claim, or one thousand Kenyan shillings (KES 1,000)].
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.
14. Indemnity
You agree to indemnify and hold us harmless from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the app or your breach of these Terms or of any applicable law.
15. Termination
You may stop using the app at any time by uninstalling it. We may suspend or terminate your access to the app if you breach these Terms or if we discontinue the app. The sections that by their nature should survive termination, including sections 3, 4, 8, 12, 13, and 14, will continue to apply.
16. Governing law and disputes
These Terms are governed by the laws of Kenya. You agree that the courts of Kenya will have jurisdiction over any dispute arising out of or relating to these Terms or the app, subject to any mandatory rights you have under applicable law. [OPTIONAL: replace with an arbitration clause if you prefer arbitration.]
17. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where appropriate, provide notice within the app. Your continued use of the app after an update means you accept the revised Terms.
18. Contact
If you have questions about these Terms, contact us at:
Fructa
legal@fructa.africa
Kenya