Customer Terms & Conditions

1. Definitions & Interpretation

• "Company", "We", "Us", or "Our" means Nusuria Technologies, a company duly registered in the Republic of Kenya.
• "App", "Application", "Platform" or "imergency" means the mobile application branded as imergency-customer, including web systems, artificial intelligence, panic button widget, digital services, associated technologies, features, content, functionalities, and all related services provided through the application.
• "User", "Customer", "You", or "Your" means any individual who downloads, accesses, registers for, or uses the App.
• "Service Providers" or "Vendors" means third-party individuals or entities made available through the App to provide emergency, response, or related services.
• "Services" means the digital platform services provided by Nusuria Technologies through the App, including facilitating connections between Users and Service Providers.

2. Nature of the Platform

The Application operates solely as a technology-enabled facilitation platform. We connect Customers with nearby independent third-party service providers ("Service Providers" or "Vendors"). Nusuria Technologies does not provide emergency, medical, or security services directly and does not employ, supervise, or control the Service Providers onboarded on the Platform.

3. App Store & Third-Party Platform Compliance

3.1 Distribution Through App Stores

The App may be made available through the Apple App Store operated by Apple Inc. ("Apple") and/or the Google Play Store operated by Google LLC ("Google") (each, a "Platform Provider"). Your download and use of the Application through a Platform Provider is subject to these Terms and Conditions and the applicable Platform Provider's terms and policies, which shall prevail in the event of a conflict specific to that store.

3.2 Apple App Store — Additional Terms

If you download or use the Application through the Apple App Store: the license granted is limited and non-transferable per Apple's Usage Rules; Nusuria Technologies (not Apple) is solely responsible for the Application, its maintenance, support, and any warranty or claims relating to it; Apple has no obligation to provide maintenance or support; and Apple and its subsidiaries are third-party beneficiaries entitled to enforce these Terms against you. You represent that you are not located in, or listed under, any U.S. government embargo or restricted-party list.

3.3 Google Play Store — Additional Terms

If you download or use the Application through Google Play, your use is also subject to the Google Play Terms of Service. Nusuria Technologies is solely responsible for the Application and its content, maintenance, support, and any claims relating to it; Google is not responsible for support and has no liability to you arising from these Terms or the Application.

3.4 Platform Independence

The Application is independently developed, owned, and operated by Nusuria Technologies and is not affiliated with, endorsed by, or sponsored by Apple Inc. or Google LLC.

4. Service Limitations & Emergency Protocol

4.1 Not a Substitute for Public Authorities

4.2 No Guarantee of Response

While we strive to ensure fast and reliable connections, actual response times depend on the availability, capacity, and performance of independent third-party providers, as well as external factors such as traffic, weather, network disruptions, or security conditions. Therefore, we do not guarantee immediate assistance or a specific response time.

5. User Conduct & Responsibilities

5.1 Accuracy of Information

You agree to provide true and accurate information (including your legal name and contact details) when requesting services. Responsible Use: You agree to use the app responsibly. Fraudulent or "prank" emergency requests are strictly prohibited and may result in immediate account termination and potential legal action.

5.2 Emergency Integrity & False Alarms

The User acknowledges that initiating a "Service Request" or "Panic Alert" without a bona fide emergency or service need ("False Alarm") consumes critical resources of Service Providers. We reserve the right to charge a "False Alarm Penalty" and/or permanently ban any User who willfully misuses the Platform.

5.3 Verification

You are responsible for verifying the identity of the Service Provider upon their arrival.

6. Data Sharing & Privacy

6.1 Privacy Policy Acknowledgement

By accessing, registering for, or using the Platform, you confirm that you have read, understood, and agreed to our Customer Privacy Policy, available within the App settings and on our official website, as amended from time to time. The Privacy Policy is hereby incorporated into and forms an integral part of these Terms & Conditions by reference. Your acceptance of these Terms constitutes your informed and express consent to the collection, storage, use, processing, and cross-border transfer of your personal data in accordance with the Privacy Policy and applicable data protection laws.

6.2 Purpose-Limited & Secure Data Sharing

You acknowledge and agree that your personal data and information, including real-time geolocation data, may be securely shared with vetted and verified vendors, service providers, or responders strictly for the purpose of responding to and delivering the requested service or emergency assistance. Such sharing shall be limited to what is reasonably necessary to fulfill the service request.

6.3 Data Protection & Masking

Nusuria Technologies implements appropriate technical and organizational safeguards to protect your personal data. Sensitive personal identifiers, including national identification numbers, shall be partially masked where displayed or transmitted. Your personal data will not be sold, rented, or shared with unauthorized third parties.

6.4 Emergency, Safety & Legal Disclosure

You acknowledge and agree that we may, in good faith and without prior notice, disclose personal data (including real-time geolocation, contact details, and relevant account activity) to designated next-of-kin, emergency responders, medical personnel, security providers, or law enforcement agencies where such disclosure is reasonably necessary to:

• prevent or respond to an imminent risk of physical harm, serious injury, or death;
• respond to an active SOS, panic alert, or emergency request initiated through the Platform; or
• comply with a lawful order, subpoena, warrant, or statutory obligation issued by a court or competent authority within the Republic of Kenya or other applicable jurisdiction.

6.5 User Consent & Responsibility

By initiating or proceeding with a Service Request, you provide your explicit consent to the limited, purpose-driven, and secure use of your personal data as described above. You acknowledge that the effectiveness of emergency response services may depend on the accuracy and availability of the information you provide.

7. International Data Transfers & Cross-Border Processing

7.1 Global Infrastructure

You acknowledge that we utilize secure cloud-based infrastructure to host the Platform. Your personal and geolocation data may be transferred to, stored, and processed in a country other than Kenya (e.g., on servers in Europe, the USA, or South Africa).

7.2 Safeguards

All such transfers are conducted in compliance with the Kenya Data Protection Act, using Standard Contractual Clauses (SCCs) to ensure your data receives a level of protection equivalent to Kenyan law.

8. Costs, Payments & Disputes

8.1 Vendor Pricing

Service fees, charges, and pricing for services offered through the Platform may be determined either (a) independently by the Service Providers ("Vendors"), or (b) by Nusuria Technologies where fixed pricing, standardized rates, promotional pricing, or platform-determined pricing models are implemented.

Where pricing is determined by Vendors, Nusuria Technologies does not negotiate or control such pricing, except to the extent necessary to administer, display, facilitate, or enforce the applicable Platform rules. Where pricing is set or standardized by Nusuria Technologies, Vendors agree to charge the applicable platform-listed rates. Nusuria Technologies reserves the right, subject to applicable law and reasonable notice where required, to modify pricing structures, introduce service fees, commissions, platform charges, or other applicable charges upon notice to Users and Vendors.

8.2 imergency Connection Fee

Nusuria Technologies may charge a non-refundable imergency Connection Fee, facilitation fee, app activation fee, dispatch coordination fee, or other platform-related fee for connecting you with a Vendor or facilitating a Service Request through the Platform. The applicable Connection Fee, if any, shall be disclosed to you through the Platform, the applicable service-request interface, onboarding materials, official communication channels, or other means before or in connection with the relevant Service Request, where reasonably practicable.

The Connection Fee is a charge payable to Nusuria Technologies for the applicable platform facilitation, connection, coordination, communication, dispatch support, or related digital service. It is separate from, and in addition to, any Service Provider Charge payable for the actual service rendered by a Vendor, and may vary according to the type of service requested, location, service category, applicable commercial arrangement, promotional offer, or other communicated factors.

8.3 Separate Nature of Connection Fee and Service Provider Charges

Where you request a service through the Platform — including ambulance services, towing, roadside assistance, mechanical assistance, fuel delivery, gas delivery, medicine delivery, security response, or other available services — the amount payable may comprise two separate components: (a) the applicable imergency Connection Fee, payable to Nusuria Technologies for the relevant platform facilitation; and (b) the applicable Service Provider Charge, being the amount charged by the independent Service Provider for the actual service provided to you.

The Connection Fee and the Service Provider Charge are separate charges and shall not be treated as one charge merely because they may be collected from you in a single payment or appear together in connection with the same Service Request. Payment of one does not constitute payment of the other, unless the relevant payment transaction expressly identifies and allocates the amounts to both components.

8.4 Customer Payment Obligation

You are responsible for paying both the applicable Connection Fee payable to Nusuria Technologies and the applicable Service Provider Charge for the service actually provided by the Service Provider. Before or at the commencement of the service, you should confirm the applicable Service Provider Charge, scope of work, accepted payment method, and any material additional charges with the Service Provider, unless the applicable pricing is fixed or otherwise determined through the Platform.

8.5 Collection of Connection Fee by Service Provider on Behalf of Nusuria

Where the Platform, Nusuria Technologies, or the applicable commercial arrangement with a Service Provider permits or requires it, the Service Provider may collect the Connection Fee from you on behalf of Nusuria Technologies as an authorized collection agent, solely for that limited purpose. This does not make the Connection Fee a Service Provider Charge, nor transfer ownership of it to the Service Provider, who must account for it separately and remit it to Nusuria Technologies without deduction unless expressly authorized in writing.

8.6 Combined Collection of Connection Fee and Service Provider Charge

Where operationally enabled or otherwise agreed, you may be requested to pay the Connection Fee and the Service Provider Charge to the Service Provider in a single payment. The Service Provider shall account for the two amounts separately and remit the Connection Fee to Nusuria Technologies; collecting them together does not merge their separate contractual nature.

8.7 Billing and Payment Responsibility

Service Provider Charges for the actual services rendered to you are separate from the imergency Connection Fee. Unless expressly stated otherwise, you are responsible for confirming the Service Provider's pricing, scope of work, accepted payment methods, and timing of payment. Nusuria Technologies does not act as the collection agent, payment processor, or payment holder for Service Provider Charges unless expressly agreed otherwise in writing or enabled through the Platform.

8.8 Receipts, Records and Reconciliation

Where a Service Provider collects the Connection Fee on behalf of Nusuria Technologies, it may issue a receipt or record identifying, where reasonably practicable, the Connection Fee and the Service Provider Charge separately. You should retain any receipt, payment confirmation, M-Pesa message, card transaction record, or other evidence of payment and provide it where reasonably required to investigate a payment dispute.

8.9 No Authority to Vary Nusuria Connection Fee

A Service Provider collecting a Connection Fee on behalf of Nusuria Technologies shall not increase, reduce, waive, or otherwise vary the applicable Connection Fee unless expressly authorized. If you believe a Service Provider has represented an amount as a Connection Fee that differs from the amount communicated by Nusuria Technologies, you should report the matter promptly with the relevant transaction details.

8.10 Refunds and Cancellations

The applicable refund treatment may differ between the Connection Fee and the Service Provider Charge, as they relate to separate components of the transaction. Unless otherwise stated or required by law, a Connection Fee paid to Nusuria Technologies may be non-refundable once the Service Request has been accepted, a Service Provider dispatched, or the facilitation service commenced. Refunds, adjustments, or disputes concerning the Service Provider Charge are ordinarily addressed directly with the Service Provider. Nothing in this clause limits any mandatory consumer rights under applicable Kenyan law.

8.11 False Requests, Cancellations and Non-Attendance

You acknowledge that initiating a Service Request without a genuine service need may consume resources of Service Providers and the Platform. Nusuria Technologies may, subject to applicable law and disclosed terms, charge a reasonable False Alarm Penalty for fraudulent, abusive, or deliberately false requests. Where a Service Provider has already been dispatched or is en route, cancellation or non-attendance may result in applicable charges, including a Connection Fee or Service Provider Charge, where disclosed or otherwise lawfully applicable.

8.12 Disputes Relating to Connection Fees

Questions or disputes concerning the amount, collection, or application of a Connection Fee may be raised with Nusuria Technologies through the Platform's support channels. Nusuria Technologies may investigate using Platform records, payment records, and information obtained from the relevant Service Provider, and may correct an erroneous Connection Fee charge following reasonable investigation.

8.13 Disputes Relating to Service Provider Charges

Disputes concerning the Service Provider's own pricing, quotation, service scope, additional charges, overcharging, payment arrangements, service quality, or refunds shall ordinarily be addressed directly between you and the relevant Service Provider. Nusuria Technologies may assist with communication or verification where practicable but does not guarantee resolution of such disputes, and may still take appropriate action against a Service Provider whose conduct breaches its agreement with Nusuria Technologies or applicable law.

8.14 Nusuria's Role in Payment Disputes

Nusuria Technologies is responsible for the administration of its own Connection Fees and the operation of Platform payment flows it expressly provides. Except where expressly agreed otherwise, it is not responsible for the Service Provider's own charges, payment collection practices, invoicing, refunds, or pricing disputes.

8.15 Platform Payment Processing

Where in-app or online payment functionality is enabled, you authorize Nusuria Technologies and/or its designated payment service providers to process the applicable amounts per the payment instructions presented at the time of transaction, via mobile money, debit card, credit card, bank transfer, or another supported method. Third-party payment providers' own terms may apply in addition to these Terms, and Nusuria Technologies may suspend, restrict, reverse, or delay a transaction where reasonably necessary for fraud prevention, technical, security, or regulatory reasons.

8.16 No Guarantee of Service Outcome

Payment of a Connection Fee facilitates the applicable platform connection and does not guarantee that a particular Service Provider will accept the request, arrive within a particular period, or successfully complete the requested service. Actual service delivery remains subject to factors beyond Nusuria Technologies' reasonable control.

8.17 Platform Role Clarification

The App acts as a technology-enabled facilitation and coordination platform connecting customers with independent Service Providers. Except where expressly stated otherwise, Nusuria Technologies does not itself provide the underlying third-party services. The contractual relationship for the actual service is principally between you and the relevant Service Provider, while the relationship concerning the Platform and the Connection Fee is between you and Nusuria Technologies.

8.18 Taxes and Statutory Charges

Any applicable taxes, levies, or statutory charges shall be treated in accordance with applicable Kenyan law and the manner in which the relevant charge is presented or invoiced. Where a charge is stated exclusive of tax, tax may be added; where inclusive, no additional tax shall be added except where required by law.

8.19 Pricing Changes

Nusuria Technologies may change the applicable Connection Fee, introduce new platform charges, or modify pricing structures from time to time, subject to applicable law and reasonable notice where required. Any revised Connection Fee applies to Service Requests made after its effective date unless otherwise stated.

9. Limitation of Liability & Indemnity

9.1 Facilitation Only

Nusuria Technologies acts only as a facilitator and is not directly responsible for the actions, omissions, or performance of third-party providers.

9.2 No Indirect Damages

To the fullest extent permitted by law, we shall not be liable for indirect, incidental, or consequential damages.

9.3 Indemnity

You agree to indemnify and hold us harmless from any claims arising from your misuse of the app or your breach of these Terms.

9.4 Good Samaritan Disclaimer

We shall not be liable for any actions taken by third-party bystanders who may respond to an alert triggered by the User. The Platform is a facilitation tool only, and any assistance rendered by non-vetted individuals is at the User's sole risk.

10. Customer Verification, Service Activation & Response Timing

By registering on the Platform or submitting a Service Request, you acknowledge and agree that certain customer information may be subject to verification, validation, or automated checks prior to service activation or responder connection. You understand and accept that:

• Submission of a Service Request does not guarantee immediate connection, dispatch, or service delivery.
• We may conduct identity validation, account integrity checks, fraud prevention screening, location verification, or other reasonable checks to ensure platform security and service reliability.
• Such verification or system checks may take a reasonable amount of time and, where applicable, may take up to twelve (12) hours depending on the nature of the request, information provided, system availability, or operational circumstances.
• Additional information or confirmation may be required to proceed with a Service Request; and
• We do not guarantee availability, response time, or successful service delivery and shall not be liable for delays arising from verification processes, third-party provider availability, network limitations, or circumstances beyond our reasonable control.

You further acknowledge that access to certain features, confirmations, notifications, or service connections may only be enabled once applicable verification or validation steps are completed.

11. Updates & Amendments

We may amend these Terms from time to time to reflect legal, operational, or technological changes. Updated versions will be made available within the app and on our official website, with the effective date clearly indicated. Continued use of the Platform constitutes your acceptance of the updated terms and conditions.

12. Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the Republic of Kenya. Any disputes shall be resolved in Kenyan courts.

13. Electronic Acceptance

Acceptance of these Terms through electronic means, including in-app confirmation, checkbox selection, OTP verification, digital signature, or account activation, constitutes a legally binding agreement equivalent to a handwritten signature.