Terms of Service

1. Acceptance of Terms

By accessing or using any website, mobile application, or service operated by Deisky Technologies Limited ("Deisky," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and Deisky Technologies Limited, a company registered under the laws of the Republic of Zambia.

2. About Deisky Technologies

Deisky Technologies Limited is a Zambian technology company that develops and operates various digital products and services. Our portfolio includes mobile applications, web platforms, and digital solutions across sectors including financial technology, e-commerce, productivity tools, and other digital services. These Terms apply to all Deisky products and services unless otherwise specified by product-specific terms.

3. Eligibility

To use Deisky services, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our services under Zambian law or any applicable laws
• Provide accurate and truthful information during registration

Some services may have additional eligibility requirements, which will be specified in product-specific terms.

4. Account Registration and Security

4.1 Account Creation

When you create an account with Deisky:

• You must provide accurate, current, and complete information
• You must update your information to keep it accurate and current
• You may only create one account per person unless authorized otherwise
• You may not use another person's account without permission

4.2 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
• Logging out of your account at the end of each session on shared devices

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

5. Description of Services

Deisky provides various digital products and services, which may include:

• Mobile applications for various purposes
• Web-based platforms and services
• Financial technology solutions
• E-commerce and marketplace services
• Communication and productivity tools
• Other digital products we may develop

Specific features, functionalities, and terms may vary by product. Additional product-specific terms may apply and will be presented to you when you access those services.

6. User Conduct and Responsibilities

6.1 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You must:

• Comply with all applicable Zambian laws and regulations
• Respect the rights and dignity of other users
• Use services only for their intended purposes
• Provide accurate information in all transactions

6.2 Prohibited Activities

You agree not to:

• Use our services for money laundering, terrorist financing, or any illegal financial activities
• Engage in fraud, scams, phishing, or deceptive practices
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt our services or servers
• Scrape, harvest, or collect user data without authorization
• Use automated systems or bots without our permission
• Violate intellectual property rights of Deisky or third parties
• Harass, threaten, or abuse other users
• Post or transmit unlawful, defamatory, obscene, or offensive content
• Engage in any activity that violates the rights of others
• Circumvent any security measures or access restrictions

7. Payments and Fees

7.1 Payment Processing

Payments through our services may be processed via:

• Mobile money services (Airtel Money, MTN Money, Zamtel Kwacha)
• Bank transfers and card payments
• Other payment methods we may support

By making a payment, you authorize us to charge the specified amount using your chosen payment method.

7.2 Fees and Charges

Some services may be subject to fees. All applicable fees will be clearly disclosed before you complete a transaction. Third-party payment providers may charge additional transaction fees, which are your responsibility.

7.3 Refunds

Refund policies vary by product and service. Specific refund terms will be provided within each product. Generally, refunds may be available for unauthorized transactions, technical errors, or as required by Zambian consumer protection laws.

8. Intellectual Property

8.1 Our Intellectual Property

All content, features, and functionality of our services, including but not limited to:

• The Deisky name, logo, and branding
• Product names and logos (including Chilimba and other products)
• Software, code, and technical implementations
• Text, graphics, images, and other content
• User interface designs and layouts

are owned by Deisky Technologies Limited and are protected by copyright, trademark, patent, and other intellectual property laws of Zambia and international treaties.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for personal, non-commercial purposes in accordance with these Terms.

8.3 Restrictions

You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works from our services without our express written permission.

9. User Content

9.1 Your Content

You retain ownership of content you create and submit through our services. By posting content, you grant Deisky a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute such content in connection with providing our services.

9.2 Content Responsibilities

You are solely responsible for your content and must ensure it does not violate any laws, infringe on third-party rights, or breach these Terms. We reserve the right to remove content that violates these Terms or is otherwise objectionable.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY ZAMBIAN LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties that the services will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any information
• Warranties that defects will be corrected

We do not warrant that our services will meet your specific requirements or expectations. You use our services at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY ZAMBIAN LAW, DEISKY TECHNOLOGIES LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or other intangible losses
• Damages arising from your use or inability to use our services
• Damages arising from unauthorized access to your account or data
• Damages arising from the conduct of third parties using our services
• Service interruptions, technical failures, or system outages

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO DEISKY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND ZAMBIAN KWACHA (ZMW 1,000).

12. Indemnification

You agree to indemnify, defend, and hold harmless Deisky Technologies Limited, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your content.

13. Termination

13.1 Termination by You

You may stop using our services or delete your account at any time. Instructions for account deletion are available within each product or by contacting our support team.

13.2 Termination by Deisky

We may suspend or terminate your access to our services at any time, with or without cause, including if we reasonably believe you have violated these Terms. We will provide notice where practicable.

13.3 Effect of Termination

Upon termination, your right to use our services will cease immediately. You remain responsible for any outstanding obligations. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and intellectual property rights) shall survive.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Zambia, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of our services shall be resolved as follows:

• Negotiation: Disputes shall first be attempted to be resolved through good faith negotiation between the parties
• Mediation: If negotiation fails within thirty (30) days, disputes may be submitted to mediation under the Arbitration Act of Zambia
• Litigation: If mediation is unsuccessful, disputes shall be resolved by the courts of Zambia

You consent to the exclusive jurisdiction of the courts in Lusaka, Zambia for any legal proceedings.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and Deisky regarding your use of our services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.5 Notices

We may provide notices to you via email, in-app notifications, or by posting on our website. You may provide notice to us at the contact information below.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes, we may also notify you via email or in-app notification. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.