Terms of Service

Please read these terms carefully before using our family tree platform and services.

Last Updated: January 2025

Acceptance of Terms

Welcome to Mhuri-Izihlobo. By accessing or using our website, mobile application, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and Mhuri-Izihlobo. We reserve the right to modify these Terms at any time, and your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

Important: By creating an account or using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

Account Registration & Security

Creating an Account

To use certain features of our Services, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

Account Restrictions

You may not:

  • Create multiple accounts for fraudulent purposes
  • Share your account credentials with others
  • Use another person's account without permission
  • Create an account if you are under 18 years old

Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

Prohibited Activities

  • • Violating any laws or regulations
  • • Infringing intellectual property rights
  • • Harassing or threatening others
  • • Spreading false information
  • • Uploading malicious code or viruses

Prohibited Content

  • • Illegal or harmful content
  • • Hate speech or discrimination
  • • Explicit or adult content
  • • Spam or unsolicited messages
  • • Fraudulent or deceptive content

Technical Restrictions

  • • Attempting to hack or breach security
  • • Reverse engineering our software
  • • Scraping or data mining
  • • Overloading our servers
  • • Bypassing access restrictions

Misuse of Services

  • • Impersonating others
  • • Creating fake family trees
  • • Selling or transferring accounts
  • • Commercial use without permission
  • • Interfering with other users

Consequences of Violations

Violation of this Acceptable Use Policy may result in suspension or termination of your account, removal of content, legal action, and reporting to law enforcement authorities.

User Content & Intellectual Property

Your Content

You retain ownership of all content you upload to our Services, including family information, photos, documents, and stories ("User Content"). By uploading User Content, you grant us a limited license to:

  • Store and display your content as part of the Services
  • Process and backup your content for service delivery
  • Share your content with family members you designate
  • Display public content if you choose to make it public

Content Responsibilities

You represent and warrant that:

  • You own or have the right to upload all User Content
  • Your content does not violate any third-party rights
  • You have obtained necessary consents for living individuals
  • Your content complies with all applicable laws

Our Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content (excluding User Content), are owned by Mhuri-Izihlobo and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

Content Removal

We reserve the right to remove any User Content that violates these Terms, infringes on third-party rights, or is otherwise objectionable. We may also remove content in response to valid legal requests or complaints.

Payment Terms & Subscriptions

Subscription Plans

We offer various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to pay the applicable fees as described on our pricing page.

Recurring Billing

  • • Subscriptions auto-renew unless cancelled
  • • Billing occurs at the start of each period
  • • Prices may change with 30 days notice
  • • You can cancel anytime before renewal

Payment Processing

  • • Payments processed via Stripe
  • • All major credit cards accepted
  • • Secure encrypted transactions
  • • Payment details stored securely

Refund Policy

  • 30-Day Money-Back Guarantee: New subscribers can request a full refund within 30 days of their first payment
  • No Partial Refunds: We do not provide prorated refunds for cancelled subscriptions
  • Processing Time: Refunds are processed within 5-10 business days

Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation, you will retain access to paid features until the end of your current billing period. No refunds will be provided for the remaining time in your billing period.

Failed Payments

If a payment fails, we will attempt to process it again. If payment continues to fail, your subscription may be suspended or cancelled. You are responsible for maintaining valid payment information.

Termination & Suspension

Your Right to Terminate

You may terminate your account at any time by:

  • Using the account deletion option in your settings
  • Contacting our support team

Upon termination, your account and all associated data will be permanently deleted within 30 days, unless we are required to retain it for legal purposes.

Our Right to Terminate

We may suspend or terminate your account if:

  • You violate these Terms of Service
  • You engage in fraudulent or illegal activities
  • Your account remains inactive for an extended period
  • We are required to do so by law
  • You fail to pay applicable fees

Effect of Termination

Upon termination of your account:

  • Your access to the Services will immediately cease
  • Your User Content will be deleted (subject to legal retention requirements)
  • You will no longer be charged for subscription fees
  • Certain provisions of these Terms will survive termination

Disclaimers & Limitations

Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • • Warranties of merchantability or fitness for a particular purpose
  • • Warranties of accuracy, reliability, or completeness of content
  • • Warranties of uninterrupted or error-free service
  • • Warranties regarding security or data loss prevention

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MHURI-IZIHLOBO SHALL NOT BE LIABLE FOR:

  • • Indirect, incidental, special, or consequential damages
  • • Loss of profits, data, or business opportunities
  • • Damages resulting from unauthorized access to your account
  • • Damages exceeding the amount you paid us in the past 12 months

Genealogical Information

We do not verify the accuracy of family tree information provided by users. You are solely responsible for the accuracy and completeness of your family tree data. We are not liable for any errors, omissions, or disputes arising from genealogical information.

Indemnification

You agree to indemnify, defend, and hold harmless Mhuri-Izihlobo, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

  • Your access to or use of the Services
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third-party rights

Dispute Resolution

Informal Resolution

If you have a dispute with us, please contact us first at support@mhuri-izihlobo.com to attempt to resolve the issue informally. We will work in good faith to resolve any disputes.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Zimbabwe, without regard to its conflict of law provisions.

Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Zimbabwe, and you consent to the jurisdiction of such courts.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Data Ethics Policy, constitute the entire agreement between you and Mhuri-Izihlobo regarding the Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, or technical failures.

Questions About These Terms?

Email Support

For questions about these terms:

support@mhuri-izihlobo.com

Phone Support

Call us at:

+263 784284907

If you have any questions about these Terms of Service, please don't hesitate to contact us. We're here to help clarify any concerns you may have.

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