Terms of Service

Introduction and Acceptance of Terms

Welcome to InstaQuote, a quotation creation and management application operated by InstaQuote Technologies Limited, a company incorporated under the laws of Kenya. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and InstaQuote Technologies Limited (“InstaQuote”, “we”, “our”, or “us”) governing your access to and use of the InstaQuote platform, including its website, mobile application, and all associated services (collectively, the “Service”).

By registering an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease using the Service.

Eligibility and Account Registration

2.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age, or have attained the age of majority in your jurisdiction of residence;
• Have the legal capacity to enter into a binding contract under Kenyan law;
• Be a registered business entity, sole trader, or individual professional operating lawfully in Kenya or another jurisdiction;
• Not be prohibited from using the Service under any applicable law or regulation.

2.2 Account Registration

When registering, you agree to provide accurate, current, and complete information; maintain and promptly update your account information; keep your login credentials confidential; and notify InstaQuote immediately at support@instaquote.co.ke upon becoming aware of any unauthorised use of your account.

InstaQuote reserves the right to refuse registration, suspend, or terminate any account at its sole discretion, including where it suspects fraudulent activity or a breach of these Terms.

Description of the Service

InstaQuote provides a cloud-based platform that enables businesses and individuals to:

• Create professional, branded quotations and price proposals;
• Manage and track the status of quotations sent to clients;
• Store client and product/service information for reuse;
• Convert accepted quotations into invoices or orders;
• Generate reports and analytics on quotation performance;
• Collaborate with team members on quotation workflows;
• Integrate with third-party tools and payment gateways where applicable.

The specific features available to you depend on your subscription plan. InstaQuote reserves the right to modify, update, or discontinue any features of the Service at any time with reasonable notice to users.

Subscription Plans and Payments

4.1 Subscription Plans

InstaQuote offers various subscription tiers, including free and paid plans. The features, limitations, and pricing applicable to each plan are as set out on our website at www.instaquote.co.ke, which may be updated from time to time.

4.2 Billing and Payment

By selecting a paid subscription plan, you agree to pay all applicable subscription fees in Kenyan Shillings (KES) in advance for each billing cycle, and authorise InstaQuote or its designated payment processor to charge your selected payment method on a recurring basis. Payments may be made via M-Pesa, credit/debit card, or other payment methods available on the platform. InstaQuote partners with licensed payment service providers regulated by the Central Bank of Kenya.

4.3 Value Added Tax (VAT)

All applicable taxes, including Value Added Tax (VAT) at the rate prescribed by the Kenya Revenue Authority (KRA), shall be added to the subscription fees where applicable. You are responsible for all taxes arising from your use of the Service.

4.4 Refund Policy

Subscription fees are generally non-refundable. However, InstaQuote may, at its sole discretion, offer a refund or credit in exceptional circumstances. Any refund requests must be submitted to billing@instaquote.co.ke within 7 days of the charge. Refunds, where approved, will be processed within 14 business days.

4.5 Suspension for Non-Payment

If any payment is overdue, InstaQuote reserves the right to suspend or downgrade your account until all outstanding amounts are paid. InstaQuote will provide reasonable notice before suspension.

User Obligations and Acceptable Use

5.1 General Obligations

You agree to use the Service only for lawful purposes. You must not:

• Use the Service for any illegal, fraudulent, or unauthorised purpose;
• Create quotations for goods or services that are prohibited under Kenyan law;
• Upload or transmit content that is defamatory, obscene, or infringes third-party intellectual property rights;
• Attempt to gain unauthorised access to any part of the Service or InstaQuote's systems;
• Use automated tools, bots, or scripts without InstaQuote's prior written consent;
• Reproduce, duplicate, sell, or resell any part of the Service without authorisation;
• Engage in any conduct that interferes with or disrupts the integrity or performance of the Service.

5.2 Business Compliance

Where you use the Service in the course of a business, you represent and warrant that your business is duly registered and operating in compliance with all applicable Kenyan laws, that any documents generated through the Service comply with applicable Kenyan tax and commercial laws, and that you have obtained all necessary licences, permits, or approvals required for your business activities.

Intellectual Property

6.1 InstaQuote's Intellectual Property

The Service and all its constituent elements — including software, algorithms, designs, logos, trademarks, text, graphics, and documentation — are the exclusive property of InstaQuote Technologies Limited and are protected by Kenyan and international intellectual property laws, including the Industrial Property Act (Cap. 509) and the Copyright Act (Cap. 130).

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for your own internal business purposes, subject to these Terms.

6.2 Your Content

You retain ownership of all data, content, and materials that you upload, create, or submit through the Service (“User Content”). By submitting User Content, you grant InstaQuote a limited, non-exclusive, royalty-free licence to use, store, process, and display such content solely for the purpose of providing the Service to you. You represent and warrant that you have all necessary rights to submit User Content and that it does not infringe the rights of any third party.

Confidentiality

InstaQuote acknowledges that User Content and account information may contain confidential business information. InstaQuote agrees to maintain reasonable technical and organisational measures to protect the confidentiality of such information, as further described in our Privacy Policy.

You agree to keep confidential any non-public information about InstaQuote's products, technology, pricing, or business practices that you may access in the course of using the Service.

Disclaimers and Limitation of Liability

8.1 Service Availability

InstaQuote endeavours to maintain the availability of the Service but does not guarantee uninterrupted or error-free access. The Service is provided on an “as is” and “as available” basis. InstaQuote expressly disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation of Liability

To the fullest extent permitted by Kenyan law, InstaQuote shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service, including loss of data, loss of revenue, or loss of business opportunity.

8.3 Third-Party Services

The Service may integrate with or link to third-party services (including payment processors and cloud infrastructure providers). InstaQuote is not responsible for the acts or omissions of such third parties, and their use is subject to their own terms and policies.

Termination

9.1 Termination by You

You may terminate your account at any time by submitting a written request to support@instaquote.co.ke or through the account settings on the platform. Upon termination, your access to the Service will cease at the end of the current billing cycle, and no refund will be issued for any unused period unless otherwise required by law.

9.2 Termination by InstaQuote

InstaQuote may suspend or terminate your account with immediate effect and without notice if you breach any material provision of these Terms, engage in fraudulent or unlawful conduct, or if InstaQuote is required to do so by a regulatory authority. Upon termination for cause, InstaQuote may delete your User Content without liability.

9.3 Effect of Termination

Upon termination, all licences granted to you under these Terms shall cease. You remain liable for all obligations and liabilities incurred prior to termination. Provisions of these Terms that by their nature should survive termination shall continue to apply.

Dispute Resolution

10.1 Informal Resolution

In the event of any dispute arising out of or in connection with these Terms or the Service, the parties agree to first attempt to resolve the dispute through good faith negotiation by notifying the other party in writing and allowing 30 days for resolution.

10.2 Mediation and Arbitration

If the dispute is not resolved through negotiation, the parties agree to submit the dispute to mediation administered by the Chartered Institute of Arbitrators (Kenya Branch) before proceeding to arbitration. If mediation fails, the dispute shall be finally resolved by binding arbitration in accordance with the Arbitration Act (Cap. 49) of Kenya, conducted in Nairobi, Kenya, in the English language.

10.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya. You submit to the exclusive jurisdiction of the Kenyan courts for matters not subject to arbitration.

Amendments to These Terms

InstaQuote reserves the right to amend these Terms at any time. In the event of a material change, InstaQuote will provide at least 14 days' advance notice via email to your registered email address or by a prominent notice within the Service. Your continued use of the Service after the effective date of any amendment constitutes your acceptance of the revised Terms.

General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines incorporated by reference, constitute the entire agreement between you and InstaQuote with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

12.2 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

12.3 Waiver

The failure of InstaQuote to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without InstaQuote's prior written consent. InstaQuote may assign its rights and obligations without restriction.

12.5 Force Majeure

InstaQuote shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including natural disasters, government actions, or internet or telecommunications failures.

Contact Information

For any questions, complaints, or notices relating to these Terms, please contact InstaQuote Technologies Limited through any of the channels below.