Terms & Conditions

About Lobana & These Terms

Lobana is a language and family management platform developed by Digisoft Consulting Services ("Digisoft," "we," "our," or "us"). The Lobana mobile application and any associated websites, features, or services are collectively referred to as the "Service."

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Digisoft Consulting Services governing your access to and use of the Service. By registering an account, downloading the application, or otherwise accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

Eligibility & Account Registration

To create an account on Lobana, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater
• Have the legal capacity to enter into a binding contract
• Not be barred from using the Service under applicable law
• Provide accurate, current, and complete information during registration

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at support@lobana.africa if you suspect any unauthorised access to your account.

You may not create more than one personal account. Accounts created by automated means, bots, or scripts are prohibited. We reserve the right to refuse registration or suspend accounts at our discretion.

Use of the Service

Subject to your compliance with these Terms, Digisoft grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial family purposes.

Permitted Use

• Using the Lobana Kids module to support children's language learning within your family unit
• Using the Lobana Home module for personal family coordination, chore management, and goal tracking
• Accessing and downloading content made available through the Service for personal use

Prohibited Use

You agree not to:

• Copy, modify, distribute, sell, or sublicense any part of the Service or its content
• Reverse engineer, decompile, or disassemble the application or attempt to derive source code
• Use the Service for any commercial purpose without prior written consent from Digisoft
• Upload, transmit, or distribute content that is unlawful, harmful, abusive, harassing, defamatory, or otherwise objectionable
• Attempt to gain unauthorised access to any part of the Service, its servers, or related systems
• Use automated scripts, bots, or data-mining tools to access the Service
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the Service
• Circumvent any access controls or technical protection measures in the Service
• Use the Service in any manner that could damage, disable, or impair the Service or servers

Violation of these prohibitions may result in immediate termination of your account and may expose you to civil or criminal liability.

Child Profiles & Parental Responsibility

Lobana Kids is designed for children between the ages of 1 and 8, used under the direct supervision of their parent or legal guardian who holds the Lobana account.

As the account holder, you acknowledge and agree that:

• You are the parent or legal guardian of any child whose profile you create, and you accept full responsibility for that child's use of the Service
• By creating a child profile, you provide explicit consent for the limited collection and use of that child's data as described in our Privacy Policy
• You will supervise your child's use of the Service and ensure it is appropriate for their age
• You will not allow your child to use the account registration feature; child profiles must only be created by authenticated adults
• You are responsible for any content your child encounters or interacts with while using the Service under your account
• You may review, correct, or delete your child's profile data at any time through the app Settings or by contacting us

Subscriptions & Payments

Lobana offers a free tier and one or more paid subscription tiers ("Premium"). Access to Premium features requires a valid, active subscription.

Billing

• Subscriptions are billed on a recurring basis (monthly or annually, as selected) via M-Pesa (Safaricom Daraja API)
• By subscribing, you authorise us to charge your selected payment method for each billing period until you cancel
• Prices are stated in Kenyan Shillings (KES) or the applicable local currency and include any applicable taxes
• We reserve the right to change subscription pricing with at least 30 days' notice, communicated via the app or email

Cancellation & Refunds

• You may cancel your subscription at any time through app Settings → Subscription → Cancel. Cancellation takes effect at the end of the current billing period; you retain access to Premium features until then
• We do not offer refunds for partial billing periods except where required by applicable law
• If you believe you have been charged in error, contact us within 14 days at support@lobana.africa

Free Trials

Where a free trial is offered, it will automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial expires. Trial eligibility is limited to one per user and per device.

Intellectual Property

The Service and all content, features, and functionality therein — including but not limited to text, graphics, audio recordings, flashcard content, software, trademarks, logos, and the Lobana name — are owned by or licensed to Digisoft Consulting Services and are protected by applicable intellectual property laws in Kenya and internationally.

Nothing in these Terms grants you any right, title, or interest in or to any intellectual property of Digisoft or its licensors beyond the limited licence set out in Section 3. You may not use the Lobana name, logos, or trademarks without our prior written permission.

Third-Party Content

The audio language content in Lobana Kids is derived in part from Google's WAXAL open dataset and curated native speaker recordings, used under applicable open licences. Attribution is available on request. All modifications, curation, and integration remain the intellectual property of Digisoft.

The on-device AI model uses TensorFlow Lite. TensorFlow is a trademark of Google LLC; Digisoft's use does not imply endorsement by Google.

User Content

Certain features of the Service may allow you to upload or input content, such as profile photos, family goal descriptions, chore names, or reward labels ("User Content"). You retain ownership of your User Content.

By submitting User Content, you grant Digisoft a worldwide, non-exclusive, royalty-free licence to use, store, and display your User Content solely for the purpose of operating and providing the Service to you. This licence terminates when you delete the relevant content or your account.

You are solely responsible for your User Content. You warrant that your User Content does not infringe any third-party intellectual property rights, does not violate any applicable law, and does not contain any harmful, offensive, or inappropriate material.

We reserve the right to remove any User Content that violates these Terms or that we, in our sole discretion, find objectionable, without notice.

Disclaimers & Limitation of Liability

Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

Educational Disclaimer

Lobana is a language-learning supplement. It is not a substitute for formal language education, school curriculum, or professional language instruction. Results may vary depending on the child's age, existing language exposure, and frequency of use.

Limitation of Liability

To the maximum extent permitted by applicable law, Digisoft Consulting Services, its directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service.

In no event shall our total aggregate liability to you exceed the greater of (a) the amount you paid to us in the twelve months preceding the event giving rise to liability, or (b) USD 100 (or local currency equivalent).

Nothing in these Terms limits liability that cannot be excluded under applicable law, including liability for fraud, death, or personal injury caused by negligence.

Termination

You may terminate your account at any time by selecting Settings → Account → Delete Account in the app or by emailing us at support@lobana.africa. Account deletion is subject to the data retention terms in our Privacy Policy.

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

• You breach any provision of these Terms
• We are required to do so by law or a regulatory authority
• We discontinue the Service or any part thereof
• We detect fraudulent, abusive, or harmful activity on your account

Upon termination: your licence to use the Service ends immediately; access to Premium features ceases; and data deletion proceeds in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination (including Sections 6, 7, 8, and 10) will survive.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

Informal Resolution

Before initiating any formal dispute process, we encourage you to contact us at legal@lobana.africa to seek an informal resolution. We will make good-faith efforts to resolve any dispute within 30 days of receiving your complaint.

Formal Disputes

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Nairobi, Kenya. You consent to the personal jurisdiction of such courts.

Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

EU & UK Users

If you are located in the European Union or United Kingdom, you may also lodge a complaint with your local data protection supervisory authority. Nothing in these Terms affects your statutory rights under applicable consumer protection law.

Changes to These Terms

We may update these Terms from time to time to reflect changes in the Service, applicable law, or our business practices. When we make material changes, we will notify you via in-app notification or email at least 14 days before the changes take effect, and update the "Last Updated" date at the top of this page.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service and delete your account before the changes take effect.

Contact Us

If you have questions, concerns, or requests relating to these Terms or the Service, please reach out to us: