01About these terms
These terms are an agreement between you and EIGHTSIXTEEN DYNAMICS, trading as 816 Dynamics ("we", "us"), a software company based in Nairobi, Kenya. They apply to www.816-dynamics.com, our WhatsApp channels and automated assistants, and our products (Birdseye, Academix, TerraTrack and Echorent). By using any of them you agree to these terms. If you use them for an organisation, you confirm you can agree on its behalf.
A product may publish its own terms. Where it does, those terms apply to that product and these terms fill any gaps. How we handle personal information is set out in our privacy policy.
02Using the website
The information on this website describes our products and services in good faith, but it is general information and not an offer. Prices, features and availability can change, and what is agreed in writing or shown at checkout is what applies.
03Accounts
You must give accurate information when you create an account and keep it up to date. You are responsible for keeping your password safe and for what happens under your account, including what staff you invite are able to do. Tell us straight away if you think someone else has access to your account.
04Subscriptions, trials and payment
Some products offer a free trial. When it ends you need a paid plan to keep using the product; we do not charge you automatically at the end of a trial. Paid plans are charged in Kenya shillings, in advance, for the period you choose, and payment is made by M-Pesa. Prices are shown in the product before you pay.
If a payment is not made when a period ends, your account may move to read-only or be paused until it is paid. Your data is not deleted for late payment while the account remains open.
We may change prices for future periods. We will give you at least 30 days' notice, and a change never affects a period you have already paid for.
05Cancelling and refunds
You can stop renewing at any time. Your access continues until the end of the period you have paid for. We do not refund part-used periods, except where the law requires it. If we charged you in error or charged you twice, tell us and we will refund the amount in full to the M-Pesa number it came from.
06Your data
The records you put into a product belong to you or your organisation. You give us permission to store and process them only to run the product for you, keep it secure and support you. You can export or ask for a copy of your data while your account is open, and for 30 days after it closes.
You are responsible for having the right to put information into the product, including information about your staff, students, tenants or customers.
07Acceptable use
You agree not to:
- use our services for anything unlawful, fraudulent or harmful;
- try to get into accounts, data or systems you have not been given access to;
- test, scan or attack the security of our services without our written permission;
- overload our services, or use automated tools to scrape them;
- copy, resell or reverse engineer our products, except where the law allows it;
- send spam, abuse or unlawful content through our WhatsApp channels or products.
If you find a security problem, please report it to us privately so we can fix it.
08Our WhatsApp channels
Our WhatsApp numbers may reply automatically, sometimes with the help of AI. Automated replies aim to be accurate but can be wrong or incomplete, so do not rely on them for anything important without confirming with a person. Nothing an automated reply says is a binding quote, price or contract until we confirm it in writing. You can ask for a person at any time, and reply STOP to stop receiving messages.
Your use of WhatsApp itself is also governed by WhatsApp's own terms.
09Client work
When we build software, design or other work for you, the scope, price, timeline and ownership of the work are set out in a written proposal or agreement. Where that document and these terms differ, the document wins. Unless it says otherwise, you own the finished work once it is paid for in full, and we keep the right to reuse our own general tools, libraries and know-how.
10Intellectual property
Our products, website, software, designs, names and logos belong to 816 Dynamics or our licensors. A subscription gives you a right to use a product for its intended purpose while your plan is active; it does not transfer ownership. If you send us feedback or ideas, we may use them without owing you anything.
11Availability and changes
We work to keep our products running and our data backed up, but we cannot promise they will always be available or free of errors. We may need planned maintenance, which we try to schedule at quiet hours. We improve the products over time and may change or remove features. If we ever stop offering a product, we will give paying customers at least 60 days' notice and a way to export their data.
12Liability
Our products are tools to help you keep records and run your work; decisions you make with them remain yours. To the extent the law allows, we are not liable for indirect losses such as lost profits, lost business or lost opportunity, and our total liability for any claim is limited to the amount you paid us in the 12 months before the claim arose.
Nothing in these terms limits liability that cannot be limited by law, or your rights as a consumer under Kenyan law.
13Suspension and termination
You can close your account at any time. We may suspend or close an account that breaks these terms, puts other users or our systems at risk, or is used unlawfully. Except where there is an urgent risk, we will tell you first and give you a chance to fix the problem. When an account closes, you keep the right to export your data for 30 days.
14Governing law and disputes
These terms are governed by the laws of Kenya. If there is a problem, contact us first and we will try to resolve it in good faith. Disputes that cannot be resolved that way go to the courts of Kenya, sitting in Nairobi.
15Changes to these terms
We may update these terms. The date at the top shows when they last changed. For changes that materially affect paying customers, we will give at least 30 days' notice by email or in the product. Continuing to use our services after a change takes effect means you accept it.
16Contact
Questions about these terms: hello@816-dynamics.com, or WhatsApp +254 183 626 811. EIGHTSIXTEEN DYNAMICS (816 Dynamics), Nairobi, Kenya.