Terms of service

The agreement

These terms cover the use of Flare CRM. Where a customer has signed a separate order or agreement with us, that document governs price, term and anything else it deals with expressly, and these terms fill in the rest.

Accounts

Each person using the software has their own account, and accounts are not shared. The customer is responsible for who they give one to and for removing it when somebody leaves. Two-factor authentication is available to every account and we recommend requiring it of administrators and managers.

What the customer may use it for

Not permitted, on any installation:

• Sending messages to people who have not agreed to hear from the business, where the law requires their agreement.
• Recording calls where the law requires notice or consent that has not been given.
• Uploading malware, or content that is unlawful to hold.
• Attempting to reach another customer’s installation, or to test ours without written permission.
• Reselling access without a written agreement with us.

Whose data it is

Everything the customer puts into the software remains theirs. We hold it to run the service and for nothing else, as set out in the privacy policy. They can export it at any time from within the software, without asking us.

Support, and what we can reach

When a customer asks for help we can do three things inside their installation and no more: list who is able to sign in, clear one person’s second factor so they can set up a new authenticator, and end one person’s sessions. We cannot read their contacts, calls, messages or deals through that channel, create accounts, or change what anybody is allowed to do. Every one of those actions is written into the customer’s own audit log at the moment it happens, naming us and the reason given.

Availability and changes

We aim to keep the service available at all times and to schedule upgrades and maintenance outside working hours in East Africa, telling the customer beforehand. We may change how features work as the product develops; where a change removes something a customer relies on, we tell them before it happens.

Payment, and what happens if it stops

Fees are as agreed in the customer’s order. If an account falls unpaid and stays unpaid after we have asked, we may put the installation into a read-only state: everything already in it can still be read and exported, and nothing new can be written. We do this rather than switching the service off, because a business locked out of its own records cannot even wind down properly. Nothing is deleted while an account is suspended.

Ending it

Either side may end the arrangement on the notice set out in the order, or on thirty days’ notice if it says nothing. On the last day the customer may export everything. We keep their data for thirty days after that in case they need it again, then delete it, and backups containing it roll off within a further fourteen days.

Liability

Neither side excludes liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be excluded. Beyond that, and to the extent the law allows, neither side is liable for lost profit or lost business, and our total liability in any twelve-month period is limited to the fees paid for the service in that period.

Law

These terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction.

Contact

Flare CRM, Nairobi, Kenya. hello@flarehub.co.ke.