Terms of Service.

1. Agreement to These Terms

These Terms of Service govern access to and use of the OptiGain website, software platform, dashboards, supported applications, integrations and related services provided by OptiGain Technologies.

By creating an account, accessing the platform or using OptiGain, you agree to these Terms together with the applicable Privacy Policy and any additional terms presented for specific features or services.

If you are using OptiGain on behalf of a company, partnership, organization or other business, you represent that you have the authority to accept these Terms on that organization's behalf.

2. Description of the OptiGain Service

OptiGain is a business-management and financial-intelligence platform designed to help businesses organize operational information, monitor performance and make better-informed decisions using business data.

Depending on the account, subscription plan and available integrations, OptiGain may provide:

• Sales and revenue tracking.
• Cash revenue recording.
• Expense management.
• Inventory management and stock movement tracking.
• Product and sales performance analysis.
• Employee and role management.
• Branch management.
• Business dashboards and key performance indicators.
• Financial reports and data exports.
• Revenue trend analysis.
• Forecasting and business intelligence.
• Anomaly and unusual-pattern detection.
• AI-assisted business insights.
• Supported payment and transaction workflows.
• Payment reconciliation and transaction records.

The exact features available to an account may depend on the subscription plan, account permissions, technical availability, integration status and product changes.

3. Account Eligibility and Registration

Users must provide accurate, complete and current information when creating an OptiGain account.

You must not register an account using another person's identity, false information, misleading business information or information that you are not authorized to use.

Where an account is created for a business, the person creating the account is responsible for ensuring that they have appropriate authority to create and administer that business account.

4. Account Security and Responsibility

You are responsible for protecting your account credentials and for taking reasonable steps to prevent unauthorized access.

Business administrators should also regularly review employee accounts, branch assignments and permissions.

• Use strong and reasonably unique passwords.
• Do not intentionally share passwords with unauthorized persons.
• Keep account credentials confidential.
• Review employee access regularly.
• Remove access when an employee no longer requires it.
• Notify OptiGain promptly if you suspect unauthorized account access.
• Keep devices and browsers used to access OptiGain reasonably secure.

Activities performed through an account may be associated with that account. Business administrators should therefore maintain appropriate internal access controls.

5. Business Data and Record Accuracy

Businesses retain their rights to the business information and records they submit to OptiGain, subject to the rights necessary for OptiGain to operate the service.

Users are responsible for the accuracy and completeness of information entered into the platform, including sales, revenue, expenses, products, stock quantities, employee records and other operational information.

OptiGain analytics are generated from available data. Incorrect, missing, duplicated or delayed information may therefore affect reports, dashboards, forecasts and other outputs.

6. Payment Tracking and Reconciliation

OptiGain may provide payment-related workflows, including supported M-PESA integrations, payment references, transaction tracking, reconciliation and applicable manual payment confirmation.

Payment processing and settlement may depend on third-party payment providers, mobile-money networks, telecommunications networks, banks and other external infrastructure.

A transaction appearing in OptiGain does not necessarily mean that OptiGain itself is holding or settling the underlying funds.

Businesses remain responsible for reviewing transaction records, confirming settlements and investigating discrepancies between OptiGain records and external payment-provider records.

7. Financial Intelligence, Forecasting and AI

OptiGain may provide financial analytics, trend analysis, anomaly detection, forecasts, business-health indicators and AI-assisted summaries based on information available within the platform.

These outputs are intended to assist business owners and authorized users in understanding their operations. They are not guarantees of future performance.

Forecasts may be affected by historical data quality, business changes, seasonality, market conditions, unexpected events and limitations of statistical or machine-learning models.

AI-generated information may also contain errors, omissions or inaccuracies. Users should review important information before acting on it.

Business owners remain responsible for decisions involving pricing, spending, staffing, taxation, investment, inventory, cash management and other business activities.

8. Trials, Subscriptions and Billing

OptiGain may provide free trials, promotional access or paid subscription plans. The duration, features and limitations of a trial or subscription are communicated through the applicable registration, pricing or payment process.

• Trial access may expire automatically at the end of the stated trial period.
• Paid features may require an active subscription.
• Different plans may provide different branch, employee, usage or feature limits.
• Access to paid functionality may be restricted after subscription expiry or non-payment.
• Subscription prices and plan features may be changed prospectively.
• Applicable taxes, payment-provider charges or transaction fees may apply where required or disclosed.

Where reasonably appropriate, material changes to pricing or subscription features affecting existing customers will be communicated before they take effect.

9. Acceptable Use

OptiGain must be used lawfully and responsibly. Users must not use the platform to facilitate unlawful, fraudulent or harmful activity.

Users must not:

• Access another user's account without authorization.
• Attempt to bypass authentication or security controls.
• Use OptiGain for fraud, money laundering or other unlawful activity.
• Submit deliberately false financial or payment information.
• Introduce malware, malicious scripts or harmful code.
• Attempt to compromise or test platform security without authorization.
• Interfere with platform availability or infrastructure.
• Abuse payment integrations or transaction workflows.
• Use unauthorized automated scraping or extraction systems.
• Impersonate another person, employee, business or organization.
• Use OptiGain in a manner that violates applicable law or third-party rights.

10. Branches, Employees and Authorized Users

Business owners and administrators may create employee accounts, assign employees to branches and configure permissions where those features are available.

Administrators are responsible for selecting permissions that are appropriate for each employee's responsibilities.

Employees and other authorized users should only access information and functionality permitted by their assigned role.

A business should promptly remove or modify access when an employee changes responsibilities or leaves the organization.

11. Platform Availability and Maintenance

OptiGain is designed to provide reliable access to business management tools, but uninterrupted availability cannot be guaranteed.

The platform may occasionally become unavailable because of scheduled maintenance, emergency maintenance, software updates, hosting incidents, network failures, security events or other circumstances outside reasonable control.

We may improve, modify, replace or discontinue features as the platform evolves. Where appropriate, we will provide reasonable notice of material changes.

12. Third-Party Services and Integrations

OptiGain may connect with third-party services, including payment networks, communications services, cloud infrastructure, analytics providers and AI technologies.

Third-party services may have their own terms, privacy policies, security practices, technical requirements and availability limitations.

OptiGain cannot guarantee the availability or uninterrupted operation of an independent third-party service.

Where a third-party service is required for a particular function, disruption of that service may affect the availability or accuracy of the related OptiGain workflow.

13. Intellectual Property

The OptiGain platform, software, user interfaces, branding, logos, original designs, documentation and proprietary functionality are owned by or licensed to OptiGain Technologies and are protected by applicable law.

Except where expressly permitted, users may not copy, reproduce, modify, distribute, sell, license, reverse engineer or create derivative works from protected OptiGain materials.

These Terms do not transfer ownership of a business's underlying business records to OptiGain Technologies.

14. Business Data, Privacy and Confidentiality

Businesses retain rights in the business data they submit to OptiGain.

OptiGain may process, store, transmit and otherwise handle information as reasonably necessary to provide, maintain, secure, troubleshoot and improve the service, subject to the Privacy Policy and applicable law.

Personal information may be processed in accordance with OptiGain's Privacy Policy and applicable data-protection requirements.

Users should not upload information that they are not authorized to provide or process.

15. Suspension and Termination

OptiGain may restrict, suspend or terminate access where reasonably necessary because of:

• Material violation of these Terms.
• Fraudulent or unlawful activity.
• Security threats or attempted unauthorized access.
• Abuse of platform infrastructure.
• Abuse of payment integrations.
• Failure to maintain a required active subscription.
• Legal or regulatory requirements.

Where reasonably possible and legally permitted, OptiGain may provide notice or an opportunity to resolve a violation before permanent termination.

Users may also stop using the service and may request account closure through the applicable OptiGain support process.

16. Service Disclaimer

OptiGain is a business-management and decision-support platform. The service is designed to assist businesses in organizing information and understanding performance.

However, no software platform can guarantee that its analytics, forecasts, recommendations or reports will be completely accurate or suitable for every business situation.

Users should independently review important records and use appropriate professional judgment when making material financial, tax, legal, accounting or operational decisions.

17. Limitation of Liability

To the maximum extent permitted by applicable law, OptiGain Technologies will not be responsible for indirect, incidental, special or consequential losses arising from circumstances including inaccurate user-entered data, unauthorized credential sharing, reliance on forecasts or AI outputs, or failures of independent third-party services outside reasonable control.

Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

Nothing in these Terms is intended to remove rights or remedies that users may have under mandatory applicable law.

18. Changes to These Terms

OptiGain may update these Terms to reflect changes to the platform, new services, security requirements, legal developments or changes in business operations.

The updated version will include a revised "Last updated" date.

Where appropriate, material changes may be communicated through the platform, website, email or another reasonable communication channel.

Continued use of OptiGain after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

19. Governing Law and Dispute Resolution

These Terms are intended to be governed by the applicable laws of Kenya.

If a dispute arises concerning the service, the parties should first attempt to resolve the matter through good-faith communication.

Where the matter cannot be resolved informally, it may be referred to a competent court or another legally recognized dispute-resolution mechanism available under applicable law.

20. Contact Information

If you have questions, concerns or requests relating to these Terms, you may contact OptiGain Technologies using the details below.