These Terms of Service ("Terms") form a binding agreement between Talma Dairy Farm ("Company", "we", "our", or "us") and the person, farm business, organization, or other entity accessing or using Talma Dairy ("Customer", "you", or "your"). Talma Dairy is a multi-tenant dairy operations platform that supports herd management, milk production records, inventory, customer billing, reporting, subscription administration, analytics, and communication workflows.
1. Acceptance of Terms and Eligibility
1.1 Acceptance
By accessing, deploying, subscribing to, configuring, or using Talma Dairy, you confirm that you have read, understood, and agree to be bound by these Terms and any policies incorporated by reference, including the Privacy Policy.
1.2 Authority
If you accept these Terms on behalf of a company, farm, cooperative, partnership, or other legal entity, you represent and warrant that you have authority to bind that entity.
1.3 Eligibility
Use of the Service is permitted only by persons who are legally capable of entering binding agreements or who are acting under the authority of a duly authorized customer account. Users may access the platform only through an authorized farm or organizational workspace.
1.4 Account Responsibilities
You are responsible for ensuring that all users under your tenant workspace are authorized, appropriately trained, and subject to internal policies governing confidentiality, operational controls, and acceptable use.
2. Service Description
2.1 Nature of the Service
Talma Dairy is a web-based software platform that may be offered as a cloud-hosted service and may include optional integrations, support workflows, and billing features depending on your selected plan.
2.2 Platform Functions
The Service may include modules for herd and cow records, breeding and health history, milk production tracking, milk customers, payments, billing, customer statements, feed and inventory management, supplier tracking, profitability reporting, alerts, WhatsApp assistant workflows, dashboards, role-based access control, and audit logs.
2.3 Customer Data Responsibility
You remain solely responsible for the accuracy, legality, completeness, quality, and timeliness of the data entered into the Service, including farm operational records, customer records, supplier records, billing data, message content, and uploaded content.
3. User Accounts
3.1 Account Creation
Access to the Service may require the creation of administrator and end-user accounts. Customer administrators are responsible for approving users, assigning roles, and ensuring appropriate least-privilege access.
3.2 Password Security
Users must maintain the confidentiality of login credentials and must not share passwords, access tokens, or authentication codes. You must promptly notify us of any suspected unauthorized access or credential compromise.
3.3 Authorized Users
Accounts may only be used by the specific individual or organizational role for which access was granted. Generic or shared accounts should be restricted to legitimate administrative purposes and managed carefully.
3.4 Suspension
We may suspend or restrict any account that appears to be compromised, misused, unlawful, or in violation of these Terms, without limiting any other remedies available to us.
4. Customer Responsibilities
You are responsible for:
- maintaining your own lawful basis and permissions for the information you place in the Service;
- using the Service only for legitimate farm, business, and operational purposes;
- ensuring your staff, contractors, and users follow these Terms and any applicable laws;
- configuring your account, messaging templates, and integrations in a compliant and non-deceptive way;
- reviewing exported reports, statements, and decisions before relying on them in your business operations.
5. Meta, WhatsApp, and Third-Party Integrations
5.1 Optional Integrations
Talma Dairy may support integrations with Meta, WhatsApp, payment gateways, SMS tools, email tools, and other third-party services. Availability may vary by plan, account setup, technical readiness, or provider approval.
5.2 Third-Party Terms
When you enable a third-party integration, you are also responsible for complying with the provider's applicable terms, policies, messaging rules, commerce rules, and developer requirements.
5.3 Messaging Compliance
You must not use Talma Dairy or any enabled messaging integration to send spam, deceptive content, unlawful offers, prohibited products, or messages to recipients who have not been properly authorized where consent is required.
6. Subscription and Payments
6.1 Licensing Model
Use of the Service may be provided under subscription, plan-based pricing, implementation fee, support package, or another commercial arrangement stated in an order form, invoice, billing screen, or written agreement.
6.2 Payment Obligations
You must pay all fees, charges, and applicable taxes on time and in accordance with the governing commercial terms. Except where required by law or expressly agreed in writing, fees are non-refundable.
6.3 Non-Payment Consequences
If payment is overdue, we may suspend access to all or part of the Service, restrict support, disable non-essential features, or terminate the applicable subscription after reasonable notice, subject to mandatory legal requirements.
6.4 Taxes
Unless otherwise stated, fees exclude VAT, withholding tax, levies, duties, and similar taxes or charges, which remain your responsibility.
7. Acceptable Use
You agree not to, and not to permit any user to:
- access or attempt to access systems, tenants, records, or accounts without authorization;
- circumvent role permissions, audit controls, authentication requirements, or approval workflows;
- copy, scrape, harvest, or extract data from the Service by unauthorized automated means;
- upload, transmit, or distribute malware, malicious code, ransomware, or harmful scripts;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, trade secrets, or underlying logic from the Service, except to the extent prohibited by law;
- use the Service to store, transmit, or process unlawful, infringing, defamatory, discriminatory, or fraudulent content;
- interfere with the operation, stability, availability, or security of the Service;
- use the Service in a manner that violates applicable privacy, communications, financial, consumer, or anti-corruption laws.
8. Availability and Support
8.1 Availability
We will use commercially reasonable efforts to provide reliable access to the Service. However, the Service is provided on a best-effort basis unless a separate written service level agreement expressly states otherwise.
8.2 Maintenance Windows
We may perform scheduled or emergency maintenance, updates, patches, migrations, and security interventions that temporarily affect availability. We will use reasonable efforts to minimize disruption where practicable.
8.3 Support Scope
Support may be subject to service plan limits, business hours, response categories, fair use standards, and your provision of reasonably necessary technical information. Support does not include issues caused by unsupported modifications, third-party systems outside our control, or misuse.
9. Intellectual Property
The Service, including its software, interface design, workflows, documentation, source code, object code, configuration frameworks, templates, branding, trademarks, copyright, and proprietary know-how, is owned by or licensed to the Company and is protected by applicable intellectual property laws.
Except as expressly allowed in writing, you may not copy, modify, distribute, sell, sublicense, lease, publish, frame, mirror, or create derivative works of the Service or related materials.
10. Confidentiality and Privacy
Each party may receive confidential information from the other, including farm records, pricing, security processes, system designs, personnel information, and business methods. The receiving party shall use such information only for the purposes of the relationship and shall protect it using reasonable safeguards no less protective than those used for its own confidential information of a similar nature.
Confidentiality obligations do not apply to information that is publicly available without breach, lawfully received from a third party without restriction, independently developed without use of the disclosing party's confidential information, or required to be disclosed by law or valid authority.
The Privacy Policy explains how we process personal data and business data in connection with the Service.
11. Disclaimers
The Service is provided on an "as is" and "as available" basis, subject to any non-excludable warranties under applicable law. We do not guarantee uninterrupted service, error-free operation, or suitability for every business use case.
Reports, alerts, analytics, and messaging tools are intended to support operational decision-making, not replace professional judgment, veterinary advice, financial advice, or legal compliance review.
12. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, or for loss of profits, revenue, goodwill, anticipated savings, or data integrity arising from or related to the Service.
To the fullest extent permitted by law, the total aggregate liability of the Company arising out of or related to these Terms shall not exceed the amounts paid by the Customer for the affected Service during the twelve months immediately preceding the event giving rise to the claim.
13. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, agents, contractors, and affiliates from and against claims, demands, losses, liabilities, damages, penalties, costs, and expenses, including reasonable legal fees, arising from or related to your data, your use of the Service, your violation of these Terms, your breach of applicable law, or your infringement of a third party's rights.
14. Suspension and Termination
14.1 Termination Rights
Either party may terminate the applicable service relationship in accordance with the governing contract, subscription plan, or written notice period. We may also suspend or terminate access immediately where required to protect security, comply with law, prevent misuse, or address material breaches.
14.2 Data Export
Unless otherwise agreed in writing, the Customer may request export of its data during a reasonable post-termination period designated by the Company. After that period, we may delete or anonymize Customer data in accordance with our retention standards, contractual obligations, and legal requirements.
14.3 Data License During Service Delivery
As between the parties, you retain rights in the farm and business data you submit to the Service. You grant us a limited right to host, process, transmit, back up, and display that data solely as needed to operate, secure, support, and improve the Service in accordance with these Terms and our Privacy Policy.
15. Governing Law and Changes
These Terms are governed by the laws of the Republic of Kenya, without regard to conflict of law rules. The parties submit to the competent courts of Kenya, unless a different dispute resolution mechanism is expressly agreed in writing.
We may revise these Terms from time to time to reflect legal, technical, operational, or commercial changes. Where changes are material, we will provide notice by email, in-product notification, website publication, or another reasonable channel. Continued use of the Service after the effective date of updated Terms constitutes acceptance of the revised Terms.
16. Contact Information
If you have questions about these Terms, please contact:
- Company Name: Talma Dairy Farm
- Physical Address: Nairobi, Kenya
- Support Email: support@talmadairy.com
- Website URL: http://talmadairy.com/
- Effective Date: June 19, 2026