1. Acceptance of Terms

By accessing and using the services provided by ProfitRiseApp ("we", "us", or "our"), including our website, mobile applications, and financial services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and ProfitRiseApp. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the modified Terms.

2. Service Description

ProfitRiseApp provides financial services including but not limited to:

• Investment management and portfolio services
• Retirement planning and pension management
• Business finance and corporate advisory services
• Wealth preservation and estate planning
• Financial education and literacy programs
• Tax optimization and planning services

Our services are provided through various channels including our website, mobile applications, and physical offices in Kenya. We are licensed by the Capital Markets Authority of Kenya and operate in compliance with applicable financial regulations.

3. Eligibility and Registration

To use our services, you must:

• Be at least 18 years of age
• Have legal capacity to enter into binding agreements
• Be a resident of Kenya or meet our international client requirements
• Provide accurate and complete information during registration
• Comply with our know-your-customer (KYC) and anti-money laundering (AML) requirements

We reserve the right to refuse service to anyone who does not meet these requirements or who we believe may pose a risk to our business or other clients.

4. User Accounts and Security

When you create an account with us, you are responsible for:

4.1 Account Security

• Maintaining the confidentiality of your login credentials
• Notifying us immediately of any unauthorized access
• Using strong passwords and enabling two-factor authentication
• Logging out of your account when using shared devices
• Keeping your contact information up to date

4.2 Account Activities

• All activities conducted through your account are your responsibility
• You must not share your account credentials with others
• You must not use your account for illegal or unauthorized purposes
• We may suspend or terminate accounts that violate these terms

5. Investment Services and Risk Disclosure

Our investment services involve inherent risks that you should understand:

5.1 Investment Risks

• Market risk: Investment values can go up or down
• Liquidity risk: Some investments may be difficult to sell quickly
• Currency risk: Exchange rate fluctuations may affect returns
• Inflation risk: Returns may not keep pace with inflation
• Regulatory risk: Changes in laws may affect investments

5.2 No Guarantees

We do not guarantee investment returns or the preservation of capital. Past performance does not indicate future results. All investments carry risk, and you may lose some or all of your invested capital.

5.3 Investment Suitability

We will assess the suitability of investments based on your financial situation, investment objectives, and risk tolerance. However, the final investment decision is yours, and you are responsible for ensuring investments are appropriate for your circumstances.

6. Fees and Charges

Our services are subject to various fees and charges:

6.1 Fee Structure

• Management fees based on portfolio value
• Transaction fees for buying and selling investments
• Administrative fees for account maintenance
• Performance fees for certain investment strategies
• Consultation fees for advisory services

6.2 Fee Disclosure

All fees are disclosed in our fee schedule, which is provided to you before you begin using our services. Fees may be deducted from your account or charged separately. We will notify you of any changes to our fee structure in advance.

7. Prohibited Activities

You agree not to use our services for any illegal or unauthorized purpose, including:

• Money laundering or terrorist financing
• Fraud or deceptive practices
• Market manipulation or insider trading
• Violation of securities laws or regulations
• Harassment or abuse of other users
• Attempting to gain unauthorized access to our systems
• Interfering with the proper operation of our services

8. Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and design, are owned by ProfitRiseApp or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of our content without our express written permission. You may use our services for personal, non-commercial purposes only.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our collection and use of your information as described in our Privacy Policy.

10. Limitation of Liability

To the maximum extent permitted by law, ProfitRiseApp shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or data
• Investment losses or poor investment performance
• Service interruptions or technical failures
• Actions of third-party service providers

Our total liability to you for any claims arising from these Terms or our services shall not exceed the amount of fees you have paid to us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless ProfitRiseApp, its officers, directors, employees, and agents from and against any claims, damages, losses, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your provision of false or misleading information

12. Termination

Either party may terminate these Terms at any time:

12.1 Termination by You

You may terminate your account and these Terms by providing written notice to us. Upon termination, we will:

• Close your account
• Return any remaining funds (subject to applicable fees)
• Provide you with a final statement
• Retain records as required by law

12.2 Termination by Us

We may terminate these Terms immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• We are required to do so by law or regulation
• We discontinue our services

13. Dispute Resolution

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

13.1 Negotiation

Parties agree to attempt to resolve disputes through good faith negotiation before pursuing other remedies.

13.2 Mediation

If negotiation fails, parties may agree to mediation through a neutral third party.

13.3 Arbitration

Disputes may be resolved through binding arbitration in accordance with Kenyan law. Arbitration shall be conducted in Nairobi, Kenya.

13.4 Court Proceedings

Either party may seek injunctive relief or file claims in the courts of Kenya for matters not subject to arbitration.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of Kenya. Any legal proceedings shall be brought in the courts of Kenya, and you consent to the jurisdiction of such courts.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you enter into with us, constitute the entire agreement between you and ProfitRiseApp regarding our services.

17. Contact Information

If you have any questions about these Terms, please contact us:

• Email: [email protected]
• Phone: +254 20 123 4567
• Address: 15th Floor, Westlands Business Park, Chiromo Road, Westlands, Nairobi, Kenya

18. Regulatory Compliance

ProfitRiseApp operates under the supervision of the Capital Markets Authority of Kenya and complies with all applicable financial regulations. Our services are subject to regulatory oversight and periodic audits.

Last Updated: January 15, 2024