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-provider, including web systems, artificial intelligence, panic button widget, digital services, associated technologies, features, content, functionalities, and all related services.
- "Service Provider", "Vendor", "You", or "Your" means the individual, legal entity, business, or organization registered on the imergency-provider platform, including its employees, drivers, riders, paramedics, technicians, contractors, and other personnel engaged to deliver services.
- "Customer" means any individual or institution requesting services via the Platform.
- "Service Request" means a request initiated by a Customer and routed to the Service Provider.
- "Emergency Context" refers to urgent, time-sensitive situations requiring immediate response.
2. Nature of Nusuria Technologies's Role
The Application operates solely as a technology-enabled facilitation platform. Nusuria Technologies does not provide emergency or non-emergency services and does not employ, supervise, or control Service Providers.
The Service Provider operates as an independent contractor and not as an employee, partner, joint venturer, or general agent of Nusuria Technologies.
Where expressly authorized under Clause 8 or the applicable Subscription, Commissions & Fees Policy, the Service Provider may act as a limited collection agent solely for collecting and remitting Connection Fees from Customers. This limited authority does not create a general agency relationship and does not authorize the Service Provider to bind Nusuria Technologies or act on its behalf for any other purpose.
3. App Store & Third-Party Platform Compliance
3.1 Distribution Through App Stores
The Application may be made available through the Apple App Store and/or the Google Play Store (each, a "Platform Provider"). Your download and use of the Application through a Platform Provider is subject to these Terms 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. Eligibility & Onboarding
The Service Provider confirms that all information submitted during onboarding is true and accurate. Nusuria Technologies reserves the right to suspend or terminate access if false or misleading information is discovered.
6. Service Responsibility
The Service Provider bears full responsibility for the quality, safety, legality, and completion of all services rendered, including responsibility for staff, subcontractors, equipment, tools, vehicles, and materials. We shall not be liable for any loss, injury, damage, delay, misconduct, or failure arising from the Service Provider's actions or omissions.
7. Response & Performance Standards
Upon accepting a Service Request, the Service Provider commits to a prompt, professional response. Failure to respond, late arrival, abandonment of service, or substandard performance may result in reduced visibility, suspension, or permanent removal.
8. Pricing, Payments & Fees
8.1 Service Provider Pricing
The Service Provider shall determine its charges for services rendered, subject to any pricing guidelines, maximum rates, fixed rates, capped rates, or emergency pricing rules established by Nusuria Technologies, and shall communicate charges to Customers clearly, without price gouging, misleading pricing, overcharging, or exploitative billing. Nusuria Technologies reserves the right, particularly for emergency or vulnerable-customer situations, to establish, cap, standardize, or require adjustment of pricing under Clause 9.
8.2 Separate Customer Charges: Connection Fee and Service Provider Charge
Where a Customer requests a service, they may be required to pay two separate charges: (a) the imergency Connection Fee, payable to Nusuria Technologies for facilitating, connecting, routing, coordinating, or dispatching the request; and (b) the Service Provider Charge, payable to the Service Provider for the actual service. Neither shall be treated as the other, and the Connection Fee amount will be communicated through the Platform, onboarding materials, or official channels.
8.3 Customer Payment Obligation
The Service Provider acknowledges a Customer may be required to pay both the Connection Fee and the Service Provider Charge, whether collected separately or as a single combined payment. Where combined, the Service Provider must account for the two amounts separately and shall not treat the entire payment as its own revenue, nor represent that payment of the Connection Fee satisfies the Service Provider Charge.
8.4 Authorized Collection of Connection Fee on Behalf of Nusuria
Where expressly authorized, the Service Provider shall collect the Connection Fee as an authorized collection agent, strictly limited to communicating, collecting, holding, accounting for, and remitting the fee — with no authority to vary, waive, retain, or appropriate it, or represent it as belonging to the Service Provider.
8.5 Holding and Segregation of Connection Fees
Connection Fees collected shall be treated as amounts held for Nusuria Technologies, not the Service Provider's revenue, and must not be used for the Service Provider's own business expenses, debts, commissions, subscription fees, staff, or supplier payments. Any temporary holding is solely for facilitating collection and remittance.
8.6 Remittance of Connection Fees to Nusuria
The Service Provider shall remit all Connection Fees per the applicable settlement cycle, in full and without deduction unless expressly authorized. Failure to remit constitutes a debt due and payable, and Nusuria Technologies may require accelerated settlement where there is evidence of unauthorized retention, misuse, fraud, or material discrepancies. Remedies for non-remittance may include a written demand, temporary suspension of Platform access, suspension of eligibility for new requests, suspension of collection authority, requiring an alternative payment method, withholding other amounts payable, requiring additional reconciliation records, accelerated settlement, termination of Platform access or network participation, and recovery of outstanding amounts through any lawful means.
8.7 Combined Collection of Connection Fee and Service Provider Charge
Where authorized, combined collection does not merge the separate contractual and financial nature of the two amounts; the Service Provider must account for and remit the Connection Fee separately, and provide a receipt or record showing the two components where practicable.
8.8 Receipts, Records and Reconciliation
The Service Provider shall maintain accurate, complete records of all Service Requests involving Connection Fees — including request reference, date and time, Customer reference, service category, applicable Connection Fee and Service Provider Charge, total amount collected, payment method, amount and date of remittance, and any cancellation, refund, reversal, or dispute — and cooperate fully with any reconciliation, audit, or investigation, settling any confirmed under-remittance within the specified period.
8.9 No Unauthorized Deduction, Retention or Set-Off
The Service Provider shall not deduct, retain, set off, withhold, or appropriate any Connection Fee against commissions, subscription fees, onboarding fees, operational expenses, customer refunds, amounts allegedly owed by Nusuria Technologies, Service Provider Charges, or any other amount, unless expressly authorized in writing.
8.10 Refunds, Cancellations and Reversals
The Service Provider shall not independently waive, refund, reverse, or otherwise alter the Connection Fee unless authorized or permitted under an agreed operational procedure, and shall follow Nusuria Technologies' instructions for reconciling any approved refund. Refunds or disputes concerning the Service Provider's own charge remain separate and are handled under the applicable Customer Terms and pricing arrangements.
8.11 Connection Fee Does Not Form Part of Service Provider Revenue
The Service Provider acknowledges that a Connection Fee is not consideration for its own services, does not constitute its revenue, shall not be represented to Customers as a Service Provider Charge, shall not be included in service revenue except for accounting or statutory reporting purposes with appropriate identification, and shall not be used to calculate any commission unless expressly provided for in writing.
8.12 Limited Collection Agency — No General Agency
Where authorized to collect Connection Fees, the Service Provider acts as a limited collection agent only. This does not create a general agency, employment, partnership, joint venture, or franchise relationship, and the Service Provider shall not enter into contracts, make warranties, incur liabilities, or represent itself as an employee, partner, agent, or representative on behalf of Nusuria Technologies beyond this limited mandate. The Service Provider remains an independent contractor responsible for its own services, personnel, vehicles, equipment, licensing, insurance, pricing, taxes, and compliance.
8.13 Payment Disputes
Disputes concerning the Service Provider's own pricing, charges, or payment arrangements are ordinarily addressed between the Service Provider and the Customer. Disputes concerning the Connection Fee may be investigated by Nusuria Technologies, and the Service Provider shall cooperate fully, providing receipts, transaction records, and other required information.
8.14 Platform Payment Processing
Where in-app or online payment functionality is enabled, the applicable payment flow, authorization, and settlement instructions shall be communicated through the Platform. The Service Provider shall not circumvent, manipulate, or interfere with the Platform's approved payment process, and shall follow any designated collection and settlement procedure.
8.15 Pricing Transparency and Consumer Protection
The Service Provider shall clearly distinguish its own charge from the Connection Fee in all customer-facing communications, and shall not misrepresent, add unauthorized amounts to, conceal, or collect a Connection Fee different from the authorized amount — nor use a Customer's emergency or vulnerable circumstances to impose unauthorized or exploitative charges. Breach may result in suspension, reduced allocation, withholding or recovery of amounts, termination, de-listing, or other corrective action.
9. Pricing, Billing Oversight & Consumer Protection
9.1 Service Pricing & Platform Oversight
Service Providers acknowledge that we operate a safety-critical, consumer-protection-oriented Platform, and we reserve the right to monitor, review, and regulate pricing practices to ensure fairness, transparency, and protection of customers.
9.2 Right to Set, Cap, or Adjust Prices
Without limiting any other rights, we reserve the right, at our sole discretion, to:
- establish recommended, maximum, fixed, or capped prices for specific services or categories;
- adjust, standardize, or impose price ceilings where prices are excessive, exploitative, inconsistent, discriminatory, or unfair;
- introduce emergency-specific pricing rules or temporary price controls during high-risk or crisis situations; and
- require Service Providers to adhere to such pricing structures as a condition of continued participation.
9.3 Prohibition of Exploitative or Unfair Pricing
Service Providers shall not engage in price gouging, overcharging, misleading pricing, or exploitative billing, including charging unreasonable fees during emergencies or panic situations. We may determine, acting reasonably and in good faith, whether a pricing practice constitutes overcharging or exploitation.
9.4 Enforcement & Corrective Measures
Where we identify pricing practices that violate this clause, we may, without prior notice:
- override or replace Service Provider pricing displayed on the Platform;
- require the Service Provider to revise pricing immediately;
- withhold, adjust, reverse, or refund amounts charged to customers;
- suspend, restrict, or terminate the Service Provider's Platform access; and/or
- require additional training, compliance measures, or acknowledgements.
9.5 No Entitlement to Independent Pricing
Continued use of the Platform constitutes acceptance of our pricing governance framework and consumer protection standards, as updated from time to time.
9.6 Transparency & Communication
We shall use reasonable efforts to communicate applicable pricing guidelines, caps, or changes through the Platform, onboarding materials, or official communications.
10. Ratings, Reviews & Monitoring
Customers may rate and review Service Providers. We may monitor performance metrics to ensure platform integrity, particularly in emergency contexts.
11. Data Protection & Privacy
11.1 Data Sharing: Customer data shared with the Service Provider shall be used solely for service delivery. Unauthorized storage, sharing, or misuse of data may result in immediate suspension or removal.
11.2 Data Masking: The Service Provider acknowledges that their business and personal information may be shared with Customers to facilitate services. Sensitive identifiers shall always be partially masked.
11.3 Emergency & Legal Disclosure: We may disclose personal data, including real-time geolocation and account history, to third-party security responders, rescue service providers, and law enforcement agencies where we believe in good faith it is necessary to prevent imminent physical harm or death, respond to an active SOS alert, or comply with a valid legal order issued by a Kenyan court.
11.4 Data Breach Notification: The Service Provider shall immediately (and in any event within 24 hours) notify us of any unauthorized access to, or potential breach of, Customer data in its possession, cooperate fully with any investigation or remedial action required by law, and indemnify us against penalties or liabilities arising from its failure to secure Customer data.
11.5 Privacy Policy Acknowledgement: The Service Provider acknowledges having read and understood our Privacy Policy, incorporated into this Agreement by reference, and expressly consents to the collection, processing, and sharing of personal and location data as described, subject to the cross-border transfer provisions set out below.
12. International Data Transfers and Cross-Border Processing
The Service Provider acknowledges that we utilize secure cloud-based infrastructure, and personal data may be transferred to, stored, and processed in a country other than the one in which it was initially collected (e.g., South Africa, Europe, or the United States). We ensure the recipient country or third-party processor provides an adequate level of protection substantially similar to Kenyan data protection law, using safeguards including Standard Contractual Clauses and, where required, regional data localization. By using the Platform, the Service Provider expressly consents to such transfers for service facilitation, system maintenance, and security.
13. Compliance With Laws
The Service Provider shall comply with all applicable laws, regulations, licensing, insurance, and safety requirements in Kenya. The company does not verify ongoing compliance and shall not be liable for penalties or claims arising from non-compliance.
14. Suspension, Termination & De-Listing
We may suspend or terminate access without notice where necessary to protect Customers, the Platform, or public safety.
15. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for indirect, incidental, or consequential damages.
16. Indemnity
The Service Provider agrees to indemnify and hold harmless Nusuria Technologies from any claims, losses, damages, or liabilities arising from their services, negligence, or legal violations, and shall ensure all personnel comply with these Terms, applicable laws, and platform policies, indemnifying us against any breach arising from their conduct.
17. 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.
18. 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.
19. Electronic Acceptance
The Service Provider agrees that acceptance of these Terms through electronic means, including in-app confirmation, checkbox selection, OTP verification, or digital signature, constitutes a legally binding agreement equivalent to a handwritten signature.
20. Effective Date
This Agreement becomes effective on the date the Service Provider first accepts these Terms electronically or in writing.
21. Verification, Approval, and Onboarding
By submitting your registration details and documentation, you acknowledge that all information is subject to verification prior to approval and onboarding. You understand and accept that:
- Submission of information does not constitute approval, activation, or authorization to offer services;
- We may conduct identity checks, credential verification, background screening, license validation, or other due diligence;
- The verification and approval process may take up to twelve (12) hours, and may take longer depending on completeness of information or operational circumstances;
- We may request additional information or clarification during verification; and
- We reserve the right, at our sole discretion, to approve, delay, suspend, or decline onboarding without obligation to provide reasons.
You further acknowledge that OTPs, account activation credentials, or Platform access will only be issued upon successful completion of the verification and approval process.
22. Acceptance & Execution
By accepting these Terms, you represent and warrant that you are duly authorized to act on behalf of the Service Provider entity and to bind it to these Terms. The Service Provider shall be fully responsible and liable for the acts and omissions of its employees, drivers, riders, agents, contractors, and representatives who perform services facilitated through the platform.
The Service Provider acknowledges that acceptance of these Terms through any device, phone number, or user credentials associated with its account shall be deemed acceptance by the Service Provider.