Terms of Service

1Who these terms are between

These terms are an agreement between you and Hoodlynk Innovations (registered company name and number), of registered postal address, Kenya. Tambo is a product of Hoodlynk Innovations.

By creating a Tambo account, or by using the app, you accept these terms and the Privacy Policy. If you do not accept them, do not use Tambo.

2What Tambo is

Tambo is a subscription anti-theft application for Android. It records the location of a device you have registered, captures a photograph from the front camera after failed unlock attempts, and sends reports to destinations you nominate.

Tambo is a tool that produces evidence. It is not a recovery service, a security guard, an insurance policy, or an emergency service. Read the section on limits below before you rely on it.

3Your own device only

You may install and use Tambo only on a device that:

• you own, or that you are legally entitled to control; and
• you install Tambo on yourself, knowing what it does.

You may install Tambo on a device belonging to a member of your family only where you are that person's parent or legal guardian and they are a minor, or where the adult concerned knows Tambo is installed and has agreed to it.

You must not use Tambo to monitor, follow or gather information about another person without their knowledge and agreement. That includes a partner, a former partner, an employee, a relative or anyone else. Doing so may be a criminal offence, and it is a breach of these terms that will get your account closed without a refund.

We will cooperate with the police where we are lawfully required to, including where Tambo has been used to monitor somebody without their consent.

4Your account

• You must be at least 18 to hold an account.
• The details you give us must be accurate, and you must keep them up to date — they are where your theft reports go. A dead email address means a lost report.
• You are responsible for your password and your Tambo PIN. Do not share them.
• You must not create an account on somebody else's behalf without their authority.

Tell us promptly at support@tambo-app.com if you think someone else has access to your account.

5Your trusted contact and other recipients

You choose who receives your reports. Before you add somebody, you must have their permission — you are asking us to send that person location data and photographs. We will tell them, on first contact, that you added them and how to opt out. If they opt out we will stop sending to them and tell you.

You are responsible for the consequences of adding a recipient who should not have received your data.

6Subscription and payment

Not currently applicable. Tambo is free while we are in beta. Nothing in this section applies until a paid plan is introduced, and we will give at least 14 days' notice by email and in the app before that happens.

• Tambo is sold as a subscription, monthly or annually, at the prices shown in the app at the time you buy. Prices include any applicable taxes unless stated otherwise.
• Paying by M-PESA authorises us to request that amount from the number you gave us, on each renewal date, until you cancel.
• A subscription renews automatically unless you cancel it before the renewal date.
• We will tell you at least 14 days before any price increase takes effect. You may cancel instead of accepting it.
• If a payment fails we will retry and tell you. If it keeps failing, protection stops and Tambo will say so in the app rather than pretending to be working.

Where Tambo is bought through Google Play, Google's payment terms also apply and may override the payment mechanics described here.

7Refunds and cancellation

Not currently applicable. Tambo is free while we are in beta. Nothing in this section applies until a paid plan is introduced, and we will give at least 14 days' notice by email and in the app before that happens.

• You may cancel at any time, from within Tambo or by writing to support@tambo-app.com.
• If you cancel, protection continues to the end of the period you have paid for, and then stops. We do not pro-rate.
• You may have a full refund of your first payment if you ask within 14 days of making it, for any reason. We will refund to the M-PESA number or card you paid from, within refund processing days working days.
• After 14 days we do not give refunds, including where a theft occurred and you are unhappy with the outcome. This is because Tambo sells the gathering of evidence, not the recovery of a phone.
• We will refund in full, at any time, if Tambo failed to work because of a fault on our side and you tell us within a reasonable time.

Nothing here removes any right you have under the Consumer Protection Act 2012 or other Kenyan law that cannot be excluded by agreement.

8What Tambo cannot promise

This is the most important section in these terms, and we would rather you read it before you buy than after a theft.

Tambo depends on things outside our control. It cannot report a location, capture a photograph or deliver a message where:

• the phone is switched off, out of battery, or destroyed;
• the phone has no mobile data, no Wi-Fi and no signal — readings are queued and sent when a connection returns, but a phone that never reconnects never sends them;
• location services are turned off at the operating system level, or the phone cannot obtain a fix indoors or in dense cover;
• the operating system stops Tambo running in the background, kills it to save power, or revokes a permission — behaviour that varies by manufacturer and is outside our control;
• a permission Tambo needs has been withdrawn;
• the device is factory reset or the app is removed before a final report is sent; or
• your subscription has lapsed.

Accordingly:

• We do not guarantee that a location will be reported, that a photograph will be captured, that a report will be delivered, or that any of them will be accurate, complete or timely.
• We do not guarantee that a phone will be recovered. Recovery is a matter for the police.
• We do not guarantee that Tambo cannot be defeated. A determined and knowledgeable person can defeat any application of this kind.
• Tambo is provided on an "as is" and "as available" basis. We may have to interrupt the service for maintenance, and we will give notice where we can.

9Safety — never confront anyone

Do not go to a location Tambo has reported. Do not approach, follow, accuse or attempt to recover your phone from anyone. Give the report, the photograph and the IMEI to the police and let them act. People have been seriously hurt and killed trying to recover phones themselves.

You accept that any decision to act on information Tambo gives you is yours alone, and that we are not responsible for what happens if you confront someone or attend a reported location.

10Your responsibilities

• Keep your recipient list current, and test it. Tambo can send a test report; use it.
• Write your IMEI down somewhere that is not the phone. Report it to your mobile network and the police if the phone is taken.
• Keep device administrator permission and the required Android permissions enabled. Turning them off stops protection working.
• Keep your subscription paid.
• Report a theft to the police. Tambo is evidence for a report; it is not a substitute for one.

11Photographs and the rights of other people

A photograph Tambo captures may show a person who has not agreed to be photographed. When you receive one, you must:

• use it only to report or investigate the loss of your device;
• give it to the police rather than acting on it yourself; and
• not publish it, post it on social media, broadcast it, or share it with anyone other than the police, your insurer, your lawyer and your nominated recipients.

Publishing such an image may defame or harass the person shown and may itself breach the Data Protection Act 2019. A photograph shows that somebody handled a phone. It does not establish that they stole it. If you publish it and are sued, that is your liability, not ours, and you agree to indemnify us for any claim arising from it.

12Things you must not do

• Use Tambo on a device you do not own or control.
• Use Tambo to monitor a person without their knowledge and consent.
• Reverse engineer, decompile or tamper with the app, except as the law expressly permits.
• Attempt to gain access to another account, or to our systems.
• Resell, sublicense or white-label Tambo without our written agreement.
• Use Tambo to break any law, or to harass, threaten or stalk anyone.

13Our intellectual property

Tambo, its name, its logo, the app and this website belong to us or to our licensors. You get a personal, non-exclusive, non-transferable licence to use the app on devices you own for as long as your subscription is active. You get nothing else.

The reports Tambo generates about your device, and the photographs it captures, are yours to use within the limits set out above.

14Suspension and closure

We may suspend or close your account if you break these terms, if we are required to by law, or if we reasonably believe Tambo is being used to monitor somebody without their consent. Where we can, we will tell you first and give you a chance to put it right. Where the reason is unlawful monitoring, we may act immediately and without a refund.

You may close your account at any time. See https://tambo-app.com/delete-my-data.

15Our liability

We are responsible for loss we cause by breaking this contract or by failing to use reasonable care and skill. We are not responsible for:

• the theft of your device, or the fact that it was not recovered;
• loss of the device, its contents, or the data on it;
• anything that happens because a report was not delivered, was delayed, or was inaccurate for one of the reasons in the limits section above;
• anything you do with a report, including confronting a person or attending a location; or
• loss of profit, loss of business, or any indirect or consequential loss.

Where we are liable, our total liability to you for all claims in any 12-month period is limited to the greater of the amount you paid us in that period and liability cap amount.

Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited under Kenyan law.

16Indemnity

You agree to indemnify us against any claim, loss or cost arising from your use of Tambo in breach of these terms, including any claim brought by a person photographed by Tambo or by a person you monitored without consent.

17Changes

We may change these terms. Where a change is material we will tell you in the app and by email at least 14 days before it takes effect. If you do not accept it, cancel before it takes effect and we will refund the unused part of your current period.

We may change or withdraw features. If we withdraw something you are actively relying on, we will tell you and offer a refund of the unused part of your subscription.

18Law and disputes

These terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction.

Before going to court, please contact us at support@tambo-app.com — most problems are a misunderstanding and we would rather fix it. If we cannot resolve it within 30 days, either of us may refer the dispute to dispute resolution forum.

A data protection complaint may also be taken to the Office of the Data Protection Commissioner, and a consumer complaint to the Competition Authority of Kenya.

19The rest

• If a court finds part of these terms unenforceable, the rest still applies.
• Failing to enforce a term once does not waive it.
• You may not transfer your rights under these terms. We may transfer ours if Tambo is sold, and we will tell you.
• These terms and the Privacy Policy are the whole agreement between us about Tambo.

Questions about these terms: support@tambo-app.com. Hoodlynk Innovations, registered postal address, Kenya.