Last updated: July 2, 2026 · Effective immediately
By accessing, downloading, installing, or using any part of the Fuata platform, mobile application, API, or related services (collectively, the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy, which is incorporated by reference.
If you are accepting on behalf of an employer, company, or other legal entity ("Organisation"), you represent and warrant that you have full legal authority to bind that Organisation to these Terms. If you do not have that authority, or if you do not agree with these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you (or your Organisation) and Fuata ("we", "us", "our"). They apply to all visitors, users, device owners, and administrators who access or use the Service in any capacity.
Use of the Service is void where prohibited by law.
To create an account and use the Service you must:
We reserve the right to verify eligibility at any time and to refuse or terminate service if you do not meet these requirements.
Fuata is a real-time device location tracking, monitoring, and fleet management platform. The Service provides the following core capabilities:
The Service is provided "as a platform." Fuata does not operate or control enrolled devices. All device data is processed solely as instructed by you as the account holder.
We reserve the right to modify, expand, or discontinue any feature or portion of the Service at any time, with or without notice. We will make reasonable efforts to notify subscribers of material feature changes affecting paid plans.
Registration: You must provide accurate, current, and complete information when creating an account, and you agree to keep that information updated. Providing false information is a material breach of these Terms and grounds for immediate termination.
Account credentials: You are responsible for maintaining the confidentiality of your username and password. You must not share your credentials with any third party. You accept full responsibility for all activities that occur under your account, whether or not authorised by you.
Unauthorised access: You agree to notify us immediately at security@fuata.app if you become aware of any unauthorised use of your account or any other security breach. We will not be liable for any loss resulting from unauthorised use of your account before you notify us.
Multi-factor authentication (MFA): We strongly recommend enabling MFA where available. Fuata may, at its discretion, require MFA for accounts with access to sensitive features such as remote device wipe.
API keys: Each enrolled device is issued a unique API key. You are responsible for safeguarding these keys. Compromised keys must be revoked immediately via the device management dashboard. Fuata is not liable for data accessed through a compromised API key that was not promptly revoked.
One account per user: Unless you are managing an Organisation account, you may not create more than one personal account. Duplicate accounts may be merged or terminated without notice.
Plans: The Service is offered on a subscription basis. Specific plan limits (number of devices, data retention period, feature access) are described on our pricing page at the time of purchase. Fuata reserves the right to adjust pricing on 30 days' written notice to existing subscribers.
Billing cycle: Subscription fees are billed in advance on a monthly or annual basis (as selected at checkout). All fees are non-refundable except as expressly set out in Section 6.
Payment methods: We accept payment via Stripe and PayPal. By providing a payment method you authorise us to charge all amounts due. You are responsible for ensuring your payment method remains valid. Failure to process payment may result in service suspension.
Taxes: All fees are exclusive of taxes. You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities. Where required by law, Fuata will collect and remit VAT, GST, or equivalent taxes on your behalf and include them in the total amount charged.
Currency: Prices are displayed and charged in the currency shown at checkout. International transactions may be subject to foreign exchange fees charged by your payment provider.
Automatic renewal: Subscriptions renew automatically at the end of each billing period. You may cancel auto-renewal at any time from your account settings. Cancellation takes effect at the end of the then-current billing period; you will retain access to the Service until that date.
Downgrade / upgrade: You may upgrade your plan at any time; the additional charge will be prorated for the remainder of the billing period. Downgrading mid-period takes effect at the start of the next billing period.
Delinquent accounts: Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We reserve the right to suspend access until all outstanding amounts are settled, and to refer debts to a collections agency.
Free trial: Where offered, a free trial provides full or limited access to paid features for a specified period. At the end of the trial your account will automatically convert to the selected paid plan unless you cancel before the trial ends. You will not be charged during the trial period.
Refund eligibility: Fuata offers a 7-day money-back guarantee for new subscribers on their first paid billing period. To request a refund, contact billing@fuata.app within 7 days of the initial charge. Refunds for renewals or upgrades are provided at our sole discretion.
Non-refundable items: One-time purchases (such as app download tokens), add-ons, and overages are non-refundable unless the charge resulted from a verified platform error.
Chargebacks: If you initiate a chargeback or payment dispute without first contacting us, we reserve the right to immediately suspend your account pending resolution and to pursue recovery of amounts fraudulently reversed.
The Service is designed for legitimate device management and fleet tracking purposes. You agree to use the Service only in a manner consistent with all applicable local, national, and international laws and regulations, and in accordance with these Terms.
Permitted uses include:
You must ensure that every person whose device or data is processed through the Service has been clearly and transparently informed of the monitoring activity, and that you have obtained all legally required consents prior to enrollment.
You must not use the Service to:
Violation of this section may result in immediate account termination, legal action, and/or referral to law enforcement authorities.
Your use of the Service is governed by our Privacy Policy, which explains what data we collect, how we use it, with whom we share it, and what rights you have. By using the Service you acknowledge that you have read and understood the Privacy Policy.
Data controller / data processor distinction: With respect to data about your own end-users (employees, family members, or drivers whose devices you manage), you act as the data controller and Fuata acts as your data processor. You are responsible for ensuring you have a lawful basis to collect and process that data, and for meeting your obligations to those individuals under applicable data protection law.
Data Processing Agreement (DPA): If you are subject to the GDPR, UK GDPR, or equivalent regulation that requires a DPA with data processors, please contact privacy@fuata.co.ke to request a standard DPA. Execution of the DPA is required before processing personal data of individuals in affected jurisdictions.
We do not sell, rent, or broker personal data to any third party. Data collected is used exclusively to operate, maintain, and improve the Service.
Location data is the most sensitive category of data processed by Fuata. The following rules apply to all account holders:
Mandatory consent requirement: Before enrolling any device belonging to another person, you must obtain that person's prior, explicit, freely given, and informed written consent to continuous location monitoring. Implied or retroactive consent is insufficient.
Disclosure obligations: Many jurisdictions require that employees and other monitored individuals receive a written notice explaining: (a) what data is collected; (b) how it is used; (c) who can access it; (d) how long it is retained; and (e) how they can exercise their data rights. You are solely responsible for meeting these disclosure obligations.
Withdrawal of consent: If a monitored individual withdraws their consent, you must immediately unenroll their device. Continued monitoring after withdrawal of consent is a serious breach of applicable law and these Terms.
Jurisdiction-specific laws: Laws governing employee and personal monitoring vary significantly by country, state, and territory. You are solely responsible for determining and complying with all applicable laws before deploying the Service. Fuata provides a general-purpose tracking platform and does not guarantee that any particular use of the Service will be lawful in your jurisdiction.
Fuata's liability: Fuata shall have no liability whatsoever for any unlawful or non-consensual use of location data by account holders. Any claim arising from such misuse rests exclusively with the account holder.
Law enforcement requests: Fuata will only disclose location data to law enforcement in response to a valid legal process (court order, warrant, or equivalent). We will attempt to notify you of any such request unless prohibited by law from doing so.
Device enrollment: Devices are enrolled by installing the Fuata companion application and authenticating with a unique device API key. Each enrolled device is linked to your account and subject to your control.
API key security: You are responsible for the secure distribution and storage of device API keys. Keys should be rotated periodically and must be revoked immediately if compromised.
Remote commands: The Service allows you to dispatch the following remote commands to enrolled devices:
Remote Wipe warning: The Erase command is irreversible. All device data will be permanently deleted. You must ensure that any data you need has been backed up before issuing this command. Fuata accepts no liability for data loss resulting from the Erase command.
Command delivery: Commands are delivered via Firebase Cloud Messaging (FCM) and require the device to be online and connected to the internet. Fuata does not guarantee delivery times or successful execution. You should verify command execution via the device status dashboard.
Lawful use of commands: Remote commands must only be issued against devices you own or have explicit authority to control. Issuing a Wipe command on a device you do not own or without authority may constitute criminal computer misuse. You are solely responsible for any such misuse.
The Service, including all software, algorithms, databases, user interface designs, graphics, text, and documentation, is the exclusive intellectual property of Fuata and/or its licensors, protected by copyright, trademark, trade secret, and other applicable laws.
Licence to use: Subject to these Terms, Fuata grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your own internal business or personal purposes. This licence does not include any right to: (a) sublicence the Service; (b) use the Service to develop a competing product; (c) reproduce, distribute, publicly display, or create derivative works of any Service content.
Trademarks: "Fuata," the Fuata logo, and all related marks, trade names, and slogans are trademarks of Fuata. You may not use these marks without prior written permission. All third-party trademarks remain the property of their respective owners.
Feedback: If you provide Fuata with suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, implement, and distribute that feedback without restriction or compensation to you.
Definition: "User Content" means any data, text, files, or other content you upload, submit, or make available through the Service, including but not limited to device metadata, configuration settings, and account profile information.
Ownership: You retain all ownership rights in your User Content. Fuata does not claim ownership of your device data or personal information.
Licence you grant us: By submitting User Content you grant Fuata a worldwide, royalty-free, non-exclusive licence to store, process, transmit, and display your User Content solely to the extent necessary to provide and operate the Service, and for no other purpose.
Your responsibility: You are solely responsible for your User Content and warrant that: (a) you own or have all rights necessary to submit it; (b) it does not infringe any third-party intellectual property rights; and (c) it does not violate any applicable law.
Aggregate and anonymised data: Fuata may use aggregated, de-identified, and anonymised data derived from your use of the Service to develop, improve, and market the Service, provided that such data cannot be used to identify you or any individual.
The Service integrates with or links to third-party services, including:
Fuata does not control third-party services and is not responsible for their availability, accuracy, content, or privacy practices. The inclusion of links to third-party services does not imply endorsement.
Your use of third-party services integrated with Fuata is governed by those services' respective terms and policies. We encourage you to review them.
Termination by you: You may cancel your account at any time from your account settings. Cancellation takes effect at the end of your current billing period. Upon cancellation, your data will be retained for 30 days before permanent deletion, giving you an opportunity to export it.
Suspension by Fuata: We may immediately suspend your account (without prejudice to other remedies) if:
Termination by Fuata: We may terminate your account with 30 days' notice for any lawful reason, or immediately without notice for a material breach (including violation of Section 8 — Prohibited Conduct).
Effect of termination: On termination, your licence to use the Service ends immediately, API keys are revoked, enrolled devices will no longer report to your account, and your data will be scheduled for deletion. You remain liable for all fees incurred prior to termination. Sections 9, 12, 16, 17, 18, and 19 survive termination.
Data export: Prior to account closure you may request an export of your device and location data in standard format. Export requests must be submitted at least 72 hours before account deletion takes effect.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. FUATA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
GPS accuracy: GPS and network-based location data may be inaccurate. Location data should not be used as the sole basis for any decision that could affect the safety, welfare, or legal rights of any person. Fuata is not liable for any decision made in reliance on location data provided by the Service.
Some jurisdictions do not allow the exclusion of implied warranties. To the extent such exclusions are not permitted, they apply only to the fullest extent allowed by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
These limitations apply regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise).
Some jurisdictions do not allow limitation of liability for certain types of damages. In such jurisdictions the limitation applies to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless Fuata and its officers, directors, employees, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
Fuata reserves the right to assume exclusive control of any matter subject to indemnification, at your expense. You will cooperate fully in our defence of any such claims.
Governing law: These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Fuata is incorporated, without regard to conflict of law principles.
Informal resolution: Before initiating any formal dispute, you agree to contact us at legal@fuata.app and attempt in good faith to resolve the matter informally. We will do the same. Most concerns can be resolved quickly through direct communication.
Binding arbitration: If we cannot resolve a dispute informally within 60 days, either party may submit the dispute to binding arbitration administered under the rules of a mutually agreed arbitral body. The arbitration will be conducted in English. The arbitrator's decision will be final and binding and may be entered as a judgment in any competent court.
Class action waiver: You agree that any dispute must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
Exceptions: Either party may seek urgent injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Nothing in this section prevents Fuata from reporting suspected illegal activity to law enforcement.
Fuata shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, government action, telecommunications or internet outages, power failures, labour disputes, or third-party provider failures (including cloud hosting or CDN outages).
In the event of a force majeure, Fuata will notify affected users as soon as practicable and take all reasonable steps to resume normal service as quickly as possible. Subscription fees will not be credited for brief, temporary outages but may be prorated for extended service disruptions at our discretion.
Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of that term or any other term. Fuata's failure to enforce any right under these Terms shall not constitute a waiver of that right.
Entire agreement: These Terms, together with the Privacy Policy, Cookie Policy, and any Order Forms or Subscription Agreements separately executed by the parties, constitute the entire agreement between you and Fuata with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
Assignment: You may not assign or transfer these Terms or any rights hereunder without Fuata's prior written consent. Fuata may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.
Language: These Terms are written in English. If translated into another language, the English version shall control in the event of any inconsistency.
We reserve the right to update or replace these Terms at any time. We will provide notice of significant changes by:
Changes that materially and adversely affect your rights will take effect no sooner than 30 days after notice. All other changes take effect immediately upon posting.
Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the effective date.
We recommend that you review these Terms periodically. All previous versions of these Terms are archived and available on request.
For all legal enquiries, including Terms-related questions, take-down requests, or legal process submissions:
Legal notices sent by email are effective upon confirmed delivery. We endeavour to respond to all legal enquiries within 5 business days.
Also see: Privacy Policy · Cookie Policy