Terms of Service

1. Agreement to Terms

Welcome to Tshelo. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Tshelo, operated by Data Sentinels (Pty) Ltd ("Tshelo," "we," "our," or "us").

By accessing or using our mobile application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Definitions

• "Contribution" means money given by a Contributor to a Fund.
• "Contributor" means any person who gives money to a Fund.
• "Expense" means money spent from a Fund, as recorded by the Fund Organizer.
• "Fund" means a contribution collection created on the Service for a specific event or purpose.
• "Organizer" means the user who created the Fund and has administrative control over it.
• "Rich Auntie" means a Contributor who sponsors a specific expense item directly (such as paying for catering, tent hire, or transport) rather than contributing to the general fund. Rich Auntie contributions are recorded as both a contribution AND the corresponding expense.
• "Tokens" means the virtual currency used within the Service to access premium features beyond the free tier.
• "Trust Score" means the informational rating displayed on user profiles based on verification status, fund history, and platform activity.

3. Description of Service

Tshelo is a contribution management platform that helps users:

• Create and manage community contribution funds for events such as funerals, weddings, graduations, and lobola ceremonies
• Track contributions from fund members
• Record and categorize expenses with receipt documentation
• Generate reports for transparency and accountability
• Communicate with fund members
• Detect mobile money payments via SMS reading (with permission)

4. Eligibility

To use Tshelo, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Have a valid mobile phone number
• Not be prohibited from using the Service under applicable laws

5. User Accounts

5.1 Account Creation

To access most features, you must create an account by providing accurate, current, and complete information. You agree to update your information to keep it accurate.

5.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss resulting from unauthorized use of your account.

5.3 One Account Per Person

Each user may maintain only one account. Creating multiple accounts may result in termination of all accounts.

6. Funds and Contributions

6.1 Fund Creation

When you create a fund, you become the "Organizer" and are responsible for:

• Providing accurate fund information (purpose, target amount, dates)
• Managing fund membership
• Recording contributions and expenses accurately
• Using collected funds for the stated purpose
• Maintaining transparency with fund members

6.2 Contributions

When you contribute to a fund:

• You make payments directly to the Organizer via mobile money or other means outside of Tshelo
• Tshelo records and tracks these contributions but does not process the payments
• Your contribution information will be visible to other fund members
• Contributions are generally non-refundable—any refunds must be arranged directly with the Organizer

6.3 Disputes Between Users

Tshelo is not a party to any agreement or transaction between fund Organizers and Contributors. Any disputes regarding contribution amounts, use of funds, refunds, or accuracy of records must be resolved directly between the parties involved. We may, at our discretion, provide transaction records to assist in dispute resolution.

7. Fees and Pricing

7.1 Free Features

The following features are available at no cost:

• Creating an account
• Joining unlimited funds as a contributor
• Creating your first fund
• Basic SMS payment detection
• Viewing fund activity and reports

7.2 No Transaction Fees

Tshelo does not charge any percentage of contributions. We do not take a cut of any money transferred between users. Any fees charged by mobile money providers are separate from Tshelo.

8. Tokens and Premium Features

8.1 Premium Features

Some features require Tokens, including:

• Creating additional funds beyond your first
• Extended PDF report exports
• Advanced receipt scanning
• Priority customer support
• Other features as described in the Service

8.2 Token Purchases

• Tokens are purchased using real money via supported payment methods (mobile money, card)
• Token prices are displayed in your local currency (BWP, ZAR, KES, etc.)
• Token packages may include bonus tokens as promotional offers
• All Token purchases are final and non-refundable
• Tokens have no cash value and cannot be exchanged for money
• Tokens cannot be transferred between accounts
• Unused Tokens do not expire while your account remains active

8.3 Refund Policy

Token purchases are non-refundable except:

• Where required by applicable consumer protection law in your jurisdiction
• In cases of technical error where Tokens were not delivered to your account
• At our sole discretion in exceptional circumstances

To request a refund exception, contact support with your transaction details.

9. Trust Score and Verification Features

9.1 Trust Score

The Service may display Trust Scores on user profiles. Trust Scores are calculated based on factors including:

• Phone number verification status
• Mobile money account verification
• Number of successfully completed funds
• Receipt upload frequency
• History of reports or disputes
• Account age and activity

9.2 Trust Score Disclaimer

9.3 Verification Badges

Verification badges (such as "Phone Verified" or "Mobile Money Verified") indicate only that specific information has been confirmed. Verification does NOT mean:

• We have verified the person's identity
• We vouch for the person's character
• The person will use funds appropriately
• The person's fund is legitimate

10. Acceptable Use

You agree NOT to use Tshelo to:

• Create fraudulent funds or misrepresent the purpose of funds
• Collect contributions for illegal activities
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Upload false contribution or expense records
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use automated means to access the Service without permission
• Violate any applicable laws or regulations
• Engage in money laundering or terrorist financing

Violation of these rules may result in immediate account termination and potential legal action.

11. AI-Powered Features

Tshelo uses artificial intelligence for certain features including:

• Receipt scanning and data extraction
• SMS payment detection and parsing
• Automatic categorization of expenses

11.1 AI Limitations

• AI may make errors in reading receipts (wrong amounts, vendors, dates)
• SMS detection may miss some payment notifications or misread amounts
• Automatic categorization may be incorrect

11.2 Your Responsibility

• Always verify AI-extracted information before confirming
• Review all auto-detected contributions for accuracy
• Manually correct any errors in AI-generated data
• Tshelo is not liable for errors in AI-processed information

12. Content and Intellectual Property

12.1 Your Content

You retain ownership of content you upload (receipts, messages, fund descriptions). By uploading content, you grant Tshelo a non-exclusive, royalty-free license to use, store, and display that content as necessary to provide the Service.

12.2 Our Intellectual Property

The Tshelo name, logo, and all related graphics, software, and content are owned by or licensed to us. You may not copy, modify, distribute, or create derivative works without our written permission.

13. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

14. Disclaimers

14.1 Service Provided "As Is"

14.2 No Financial Advice

Tshelo does not provide financial, legal, or tax advice. The Service is a record-keeping and communication tool only. Consult qualified professionals for financial guidance.

14.3 No Guarantee of Accuracy

While we strive for accuracy, we do not guarantee that:

• SMS payment detection will capture all transactions
• All contribution records are accurate (users input most data)
• The Service will be uninterrupted or error-free
• AI-extracted data will be correct

14.4 Third-Party Services

We are not responsible for the services provided by mobile money operators or any third parties. Your use of mobile money services is subject to those providers' terms.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Tshelo and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or P100 (one hundred Pula), whichever is greater
• We are not liable for any loss of funds, failed payments, or disputes between users
• We are not liable for actions taken by fund Organizers or misuse of contributed funds
• We are not liable for errors in AI-processed information

16. Indemnification

You agree to indemnify, defend, and hold harmless Tshelo and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you upload or share
• Disputes with other users regarding funds or contributions

17. Termination

17.1 By You

You may close your account at any time by contacting us. You remain responsible for any obligations incurred before termination.

17.2 By Us

We may suspend or terminate your account at any time, with or without notice, if:

• You violate these Terms
• We are required to do so by law
• Your conduct harms other users or the Service
• Your account has been inactive for an extended period

17.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Unused Tokens are forfeited (except where required by law)
• We may delete your account data (subject to legal retention requirements)
• Provisions that should survive termination (liability, indemnification, disputes) will remain in effect

18. Dispute Resolution

18.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us and attempt to resolve any dispute informally for at least 30 days.

18.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Botswana, without regard to conflict of law principles.

18.3 Jurisdiction

Any legal proceedings arising from these Terms or your use of the Service shall be brought exclusively in the courts of Botswana, and you consent to the jurisdiction of such courts.

19. Additional Provisions for Users Outside Botswana

19.1 South Africa Users

If you are located in South Africa:

• Your use of the Service is also subject to the Protection of Personal Information Act (POPIA)
• You have the right to lodge a complaint with the Information Regulator (www.inforegulator.org.za)
• The Consumer Protection Act may provide additional rights regarding refunds and service quality

19.2 Kenya Users

If you are located in Kenya:

• Your personal data is protected under the Data Protection Act, 2019
• You have the right to lodge a complaint with the Office of the Data Protection Commissioner

19.3 Other African Countries

If you are located in Zimbabwe, Ghana, Nigeria, Uganda, or other countries where Tshelo operates:

• Local consumer protection and data protection laws may provide additional rights
• These Terms are governed by Botswana law, but we respect applicable local laws
• Contact us for information specific to your jurisdiction

19.4 International Data Transfers

By using the Service from outside Botswana, you consent to the transfer of your data to Botswana and other countries where our service providers operate. We ensure appropriate safeguards are in place.

20. Changes to Terms

We may modify these Terms at any time. Material changes will be notified through:

• In-app notifications
• Email to registered users
• Posting on our website

Continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

21. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tshelo regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights to any affiliate or successor.
• Language: These Terms are provided in English. In case of any discrepancy between translated versions, the English version prevails.

22. Contact Us

If you have questions about these Terms of Service, please contact us:

📧 Email: [email protected]

Tshelo is a product of Data Sentinels (Pty) Ltd
Gaborone, Botswana