Terms of Service
Last updated: January 2025
Acceptance of Terms
By accessing or using Thibitisha, you agree to be bound by these Terms of Service. If you do not agree, do not use the platform. These terms apply to all users, including company owners, payroll officers, accountants, and employees.
Description of Service
Thibitisha is a payroll compliance platform that automates statutory deductions (PAYE, NSSF, SHIF, Housing Levy), generates KRA submission files, produces tax certificates, and provides payroll management tools for Kenyan companies.
User Accounts
You are responsible for maintaining the confidentiality of your account credentials. You must provide accurate information during registration. Each user must have their own account; sharing credentials is prohibited. You must notify us immediately of any unauthorised access.
Payment Terms
Subscription fees are billed monthly or annually as selected. Payments can be made via M-Pesa (STK Push), credit/debit card, or bank transfer (Enterprise plans). Refunds are provided on a pro-rata basis for annual plans cancelled within 30 days. Free trial periods do not require payment information.
Acceptable Use
You agree not to: use the platform for any unlawful purpose; attempt to gain unauthorised access to other accounts or systems; interfere with platform operations; reverse engineer the software; or use the platform to process payroll for companies you are not authorised to manage.
Intellectual Property
All intellectual property rights in Thibitisha, including software, design, logos, and documentation, are owned by Thibitisha Ltd. You are granted a limited, non-exclusive, non-transferable licence to use the platform for its intended purpose during your subscription.
Data Protection
We process personal data in accordance with our Privacy Policy and the Kenya Data Protection Act, 2019. Company data is isolated per tenant. Payroll records are retained for 7 years as required by KRA. You remain the data controller for your employees' information.
Limitation of Liability
To the maximum extent permitted by law, Thibitisha shall not be liable for indirect, incidental, special, or consequential damages. Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim. We do not guarantee uninterrupted or error-free service.
Termination
Either party may terminate the agreement at any time. Upon termination, your access to the platform will be revoked. We will retain your data for the legally required retention period. You may request an export of your data before termination.
Governing Law
These Terms of Service are governed by the laws of the Republic of Kenya. Any disputes shall be resolved through arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, 1995. The language of arbitration shall be English.