1. Agreement to These Terms

These Terms of Service govern access to and use of the OptiGain platform, website, mobile companion applications and related services provided by OptiGain Technologies.

By creating an account, accessing the platform or using OptiGain services, you agree to these Terms of Service and the applicable Privacy Policy.

If you are using OptiGain on behalf of a business or other organization, you confirm that you have authority to act on behalf of that organization.

2. Description of the OptiGain Service

OptiGain is a financial intelligence and business operations platform designed to help businesses understand and manage their financial and operational performance.

Depending on the user's subscription plan and available integrations, OptiGain may provide features including:

• Sales and revenue tracking.
• Cash revenue recording.
• Expense management and analysis.
• Inventory tracking and inventory movements.
• Branch and employee management.
• Financial dashboards and key performance indicators.
• Business-health and risk indicators.
• Anomaly and unusual-pattern detection.
• Revenue forecasting and trend analysis.
• AI-assisted business intelligence reports.
• Payment reconciliation and supported transaction workflows.
• Reports and data-export functionality.

Features may differ according to subscription plan, integration availability, account permissions and product updates.

3. Account Eligibility and Registration

Users must provide accurate and current registration information and must not create accounts using false, misleading or unauthorized information.

Users registering on behalf of a business must have the authority or permission necessary to create and administer the account.

4. Account Security and Responsibility

Users and business administrators are responsible for maintaining the confidentiality and security of their account credentials.

• Use strong and unique passwords.
• Do not share login credentials with unauthorized persons.
• Maintain accurate employee and branch access permissions.
• Remove access for users who no longer require it.
• Notify OptiGain promptly of suspected unauthorized access.
• Take reasonable measures to secure devices used to access the platform.

Businesses are responsible for activities carried out by authorized users under their accounts, subject to applicable law.

5. Business Data and Record Accuracy

OptiGain produces analytics based on the information available to the platform. Users are responsible for ensuring that manually entered business information, revenue entries, expenses, inventory adjustments and other operational records are accurate.

Inaccurate, incomplete or delayed data may affect dashboards, financial indicators, forecasts and recommendations.

6. Payment Tracking and Reconciliation

OptiGain may support automated and manual payment-tracking workflows depending on the payment method and integrations available to the business.

Transaction confirmation, settlement and payment-network availability may depend on external payment providers, telecommunications networks, financial institutions or other third-party systems.

Users remain responsible for reviewing payment records, investigating discrepancies and confirming the accuracy of their business records.

7. Financial Intelligence, Forecasts and AI Outputs

OptiGain provides analytics, anomaly detection, financial indicators, business-health metrics, forecasts and AI-assisted summaries intended to support business decision-making.

Forecasts and AI-generated recommendations are based on historical information, statistical methods, available business data and model assumptions. Actual future results may differ materially from forecast outputs.

OptiGain does not guarantee revenue growth, profitability, cost savings, business success or any specific financial outcome.

Users remain responsible for business, accounting, investment, tax, staffing, inventory and operational decisions. Where professional advice is required, users should consult an appropriately qualified professional.

8. Trials, Subscription Plans and Billing

OptiGain may offer free trials, promotional access or subscription plans with different features and account limits.

• Trial periods may expire automatically at the end of the stated period.
• Continued access to paid features requires an active subscription.
• Different plans may have different branch, employee or feature limits.
• Subscription access may be restricted after expiry or non-payment.
• Current pricing and plan details are presented during the applicable subscription or payment process.

We may change plans, pricing or included features prospectively. Where reasonably appropriate, material changes affecting active customers will be communicated before they take effect.

9. Acceptable Use

Users must use OptiGain lawfully and responsibly. Users must not:

• Access another user's or business's account without authorization.
• Attempt to bypass security or access-control mechanisms.
• Use the platform for fraud, money laundering or unlawful activity.
• Submit deliberately false payment or financial information.
• Introduce malware, harmful code or automated attacks.
• Probe or test platform vulnerabilities without written authorization.
• Interfere with platform availability or infrastructure.
• Abuse payment integrations or transaction workflows.
• Use automated scraping or extraction tools without permission.
• Impersonate another person, employee, business or organization.

10. Branches, Employees and Authorized Users

Business owners or administrators may create employee access, assign users to branches and manage platform permissions.

Business administrators are responsible for assigning appropriate permissions and ensuring that authorized users understand their responsibilities when accessing business data.

Employees and other authorized users may only access and use information necessary for their assigned role and permissions.

11. Platform Availability and Maintenance

We work to maintain reliable platform availability, but OptiGain may occasionally be unavailable because of scheduled maintenance, emergency maintenance, software updates, infrastructure incidents, internet outages, third-party provider failures or circumstances outside our reasonable control.

We may modify, improve, replace or discontinue individual features as the platform evolves.

12. Third-Party Services and Integrations

OptiGain may integrate with third-party services such as payment networks, communications providers, cloud infrastructure, analytics systems and AI technologies.

Third-party services may be governed by their own terms, privacy policies, availability commitments and technical limitations.

OptiGain is not responsible for independent failures, policy changes or service interruptions caused by third-party systems outside OptiGain's reasonable control.

13. Intellectual Property

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

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

Nothing in these Terms transfers ownership of a business's underlying business records to OptiGain Technologies.

14. Business Data and Confidentiality

Businesses retain their rights in the business data they submit to the platform.

Users grant OptiGain the rights necessary to host, process, analyze, transmit and display that data solely as required to provide, secure, support and improve the service, subject to the Privacy Policy and applicable law.

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 or integrations.
• Failure to maintain a required active subscription.
• Legal or regulatory requirements.

Where appropriate and legally permitted, we may provide notice or an opportunity to resolve a violation before permanent termination.

16. Service Disclaimer

OptiGain is provided as a business-management and decision-support platform. To the extent permitted by applicable law, the service is provided without guarantees that forecasts, recommendations or analytical outputs will produce a particular business result.

Users should review important financial records and decisions independently and should not rely solely on automated outputs where professional judgment is required.

17. Limitation of Liability

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

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

18. Changes to These Terms

We may update these Terms to reflect platform changes, new features, security requirements, legal developments or changes to our services.

Material changes may be communicated through the platform, website or other appropriate channels. Continued use after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.

19. Governing Law and Disputes

These Terms are governed by the applicable laws of Kenya.

Where a dispute arises, the parties should first attempt to resolve the matter through good-faith communication. Where resolution is not possible, the dispute may be handled through the competent courts or other legally recognized dispute-resolution mechanisms available under applicable law.