TERMS & CONDITIONS

GENERAL CONDITIONS OF USE SPLITTI

LAST UPDATED : JUNE 28, 2021
1. OBJECT
SPLITTI DRC SARL (hereinafter “SPLITTI”) operates a web platform that can be used as a bot messaging service accessible via a mobile application downloadable on Android and iOS (hereinafter the “Application”), Application through which it provides registered people (hereinafter the “Users”) with tools to create, manage and spend Prize Pool.

SPLITTI allows its Users to contribute to these Prize Pool through a mobile money payment method (hereinafter “Payment Account”) provided by its Financial Partner M-pesa. Thus, the amount of the User's contribution to the Prize Pool organized on the Application is debited from the User's payment account.

To facilitate transactions, SPLITTI uses its API system (hereinafter “Splitti API”) allowing its Application to access data from users' payment accounts, customers at its Financial Partner.

SPLITTI and users are assigned together or individually as a “Party”.

The Parties agree to conclude the Agreement online through the Application and to proceed with the conclusion of the contractual documents electronically. The User agrees that the terms of communication with SPLITTI should be done exclusively online.

The purpose of these general conditions (hereinafter the “General Conditions”) is to set the terms and conditions by which SPLITTI provides Users with the aforementioned services (hereinafter the “Services”), as well as to define the rights and obligations of the Parties in this context.

They express the full agreement of the Parties and cancel and replace any agreement, letter, offer, or other previous written or oral document with the same purpose.

They are accessible and printable at any time on the website: www.splitti-app.com.

They may be supplemented, if necessary, by special terms of use, which complement and, in the event of a contradiction, prevail over them.
2. OPERATOR OF THE APP
The Application and Services are operated by SPLITTI DRC, a limited liability company, headquartered at No. 1 Ngongo Lutete Avenue, Kinshasa/Gombe, registered with the RCCM under the number CD/KNG/RCCM/19-B-01150 and national identification under the number 01-H5300-N48203C (hereinafter “SPLITTI”).

SPLITTI can be contacted at the following contact information:

Email: help@splitti-app.com
3. ACCEPTANCE OF GENERAL CONDITIONS
The User states, by registering with the Services under the following conditions under the article “Access to The Application and Services”, that he has read and expressly accepted these General Conditions.

This acceptance, which is materialized by the registration to the Platform can only be complete. Any conditional membership is considered null and void. Users who do not agree to be bound by the General Conditions will not be able to access the Platform or use the Services. The contract is formed electronically.
4. REGISTRATION ON THE APP

4.1 User Registration

To access and use the Services, any User is required to download the Application and then register according to the procedure described below (hereinafter the “Account”).

For registration purposes, the User is required to:

  • complete the form provided for this purpose on the home page of the Application, completing all the required information: username, phone number.
  • click on the “Submit” button and enter the OTP code received by text message on its phone number and click on the “Validate OTP” button to finalize the creation of its Account. In creating its Account, the User confirms that it has (a) “read and accepted the general conditions of use” (b) “read and accepted the general conditions of Splitti API” (c) “read and accepted the user's data protection charter”.

The User must provide all information marked as mandatory, which he recognizes and accepts. The User recognizes and accepts that their phone number is used as a login ID.

4.2 Validation of registration

The User recognizes and accepts that to access the Services, he must validate his Account according to the following detailed procedure.

Upon receipt of the User's application for registration, a one-time password will be sent to him by text message to the telephone number he has indicated on the registration form. The User will need to provide this OTP with information about the Application to validate its registration.

The User guarantees SPLITTI that the information on the registration form is accurate and that it is not tainted by any misleading character. The User recognizes and accepts that the information entered to create or update his Account is worth proof of his identity.

Registration on the Application results, after validation under the terms of the article “Validation of registration”, the allocation of personal space in a form and according to the technical means that SPLITTI deems most appropriate to make the Services, consisting in particular of a page allowing the user to use and manage the Services (hereinafter the “Personal Space”).

The User accesses the Services by logging into the Application.

Users can update their Account from their Personal Space.
5. STRICTLY PERSONAL USE

5.1 Only one account per phone number

The Application allows only one Account per user per phone number. A person whose personal information corresponds to those on the registration form, excluding any other third parties, is a Service User. The telephone number considered is the one on the registration form, excluding any other.

The User also acknowledges that, should SPLITTI decide to suspend or close its Account, this User will no longer be able to create a new account on the Application without any time limit. SPLITTI reserves the option to delete any new Account created by a User whose previous Account would have been deleted upon SPLITTI's decision.

5.2 Prohibition of transmission from users to third parties

The User undertakes to use the Services personally, and not to allow any third party to use them for him or her account, including to another User of the Services, except to bear full responsibility for them.

The User is also responsible for maintaining the confidentiality of his information and expressly acknowledges that any use of the Services from his Account is deemed to have been carried out by himself.

If the User finds that his Account is or has been used without his knowledge, he undertakes to notify SPLITTI as soon as possible, at the address indicated in the article “Operator of the Application”.
6. NON-COMMERCIAL USAGE
The User refrains from monetizing, selling, conceding, trading, and more generally, negotiating all or part of the access to the Services, the Application's servers, as well as information and/or texts, images, and other content operated by SPLITTI on the Application, and/or put online by Users as part of the use of the Services
7. DESCRIPTION OF SERVICES
The User has access to the following Services, in a form and in the technical means that SPLITTI deems most appropriate for the duration of these. The User acknowledges and accepts that he can only access all the services detailed below once his Account has been definitively validated.

7.1 Creating a Profile

The User is assigned a private profile on his Personal Space (hereinafter the “Profile”), on which he can take or upload a photo.

The User acknowledges and accepts that he is solely responsible for the choice of the information he communicates on his Profile in this capacity.

It guarantees SPLITTI that such information is accurate and that it is not tainted by any misleading character.

7.2 Access to the phone book

Through the Application, the User has access to all his contacts, recorded in his mobile phone directory (hereinafter the “Phone book”). As part of the services, the User expressly authorizes SPLITTI to access and use the data of his contacts recorded in his telephone directory.

Users can send an invitation to download the App to contacts who are not App Users. The invitation is, at the user's choice, addressed by text message or by any other means and especially social networks.

7.3 Creating and operating a Prize Pool

7.3.1 Creation of the Prize Pool

Any User (hereinafter the “Organizing User”) may create a group (hereinafter the “Group”) to open a Prize Pool (hereinafter the “Prize Pool”) to collect contributions (hereinafter the “Contributions”) from different Users (hereinafter the “Participants”) with the allocation of a target amount, the breach of which allows a request to transfer all the Contributions collected to the Splitti Balance of the Recipient User.

To do so, the Organizing User must follow the procedure indicated on the Application, including:

  • Choose a name to assign to the Group, as well as, if it wishes, a photo or image characterizing it.
  • Set the target amount (minimum USD 5), desired from the Prize Pool which, once reached, closes the said Prize Pool and the Group. Participants will no longer be able to participate in the Prize Pool and the transfer of the Collected Contributions will be made for the benefit of the Recipient User. When the target amount is not reached, the Organizing User has the option to transfer the Prize Pool to the Recipient User.
  • Select the Recipient User from the contacts in its Phone book. The User acknowledges and accepts that he can only transfer Contributions to one of his User contacts of the Application. If the User Wants to make a transfer to one of his non-User contacts of the Application, the Organizing User must, in advance, send an invitation to his contact under the terms of the article "Access to the Phone book" so that it downloads and registers on the Application.
  • Select Participants from the contacts of its Phone book. The User acknowledges and accepts that he can only select user contacts of the Application under the same conditions as for the selection of the Recipient User above. The number of participants, including the Organizing User, is limited to a maximum of 30.
  • Validate the creation of the Group.
It is up to the Organizing User to determine all these elements, in strict compliance with applicable law, public order, and good morals. The Organizing User states that he knows the Recipient personally.

SPLITTI cannot be held responsible for any errors in the identity of the Participants, the Recipient, or their qualities.

Any inaccurate or misleading information may result in the Organizing User being liable to the Participants and the Recipient. SPLITTI, being alien to the existing relationship between Participating Users, Beneficiary, and Organizer, cannot be held responsible in this regard.

Once the Group is created, SPLITTI sends the Organizing User a message confirming the creation of the Group and the opening of the Prize Pool. It also sends a message to each Participant notifying them that they are part of the Group and that they are invited to participate in the Prize Pool. The Group is public in that the list of Participants is accessible to each of the Participants.

7.3.2 Management of the Prize Pool by the User Organizer

The Organizing User is solely responsible for the administration of the Prize Pool. In particular, he can choose at any time:

  • To reduce the total desired amount of the Prize Pool, within the total amount of contributions already paid.
  • To increase the target amount with the understanding that the total amount desired cannot be greater than USD 3,000 (three thousand U.S. dollars).
  • Invite any new Participant, Application User.
  • Cancel the Prize Pool if no contribution has yet been made.
  • Validate the creation of the Group.
The Organizing User acknowledges and accepts that SPLITTI is free to send any message it deems useful relating to the management of the Prize Pool or the Group, including reminders of the Group's due date, as well as alerts when a Participant has participated in the Prize Pool.

7.3.3 Participation in the Prize Pool

Each participating User can participate in the Prize Pool of the amount they want within the limit of the funds available on their payment account by following the steps shown on the Application. If the User does not have sufficient funds, SPLITTI will be notified by API Splitti and the transaction will be canceled. The User is solely responsible for the management of his payment account, the responsibility of SPLITTI cannot be incurred under any circumstances in the case of The Participant's contribution greater than the amount authorized to spend.

SPLITTI freely sets the minimum and maximum amounts per contribution. The minimum amount is USD 1. The maximum amount is USD 1000. Any changes will be reported by any means to Users.

A Participant can contribute to the Prize Pool as many times as he wishes, within the limits of the funds available on his payment account.

The Recipient User can participate in the Prize Pool for him.

All participants are informed by a message of any new Contribution.

7.3.4 How the Participant Validates the Contribution

The Participant enters the amount of the contribution he wishes to pay to the Prize Pool and confirms it.

A pop-up showing the amount of the Contribution appears, and once the amount is confirmed, its payment account will be debited.

To definitively validate their Contribution, the Participant must select the payment account to be debited to credit the Prize Pool and enter the OTP code received by SMS.

The validation of the Contribution is an irrevocable commitment on the part of the Participant. Any validated contribution will not be able to give rise to a refund under any circumstances.

7.3.5 Detention of Collected Contributions

Until the target amount of the Prize Pool is reached and closed, the Contributions are held by API Splitti.

7.3.6 Use of Contributions by Recipient User

At the close of the Prize Pool, the Contributions collected, net of the SPLITTI Commission will be transferred to the Splitti Balance of the Recipient User.

The Recipient User will be able to use all or part of the Contribution amount to deposit to the payment account of his choice.

The deposit to his payment account must be from a minimum amount of USD 1 to a maximum amount of USD 3,000. This amount cannot be a decimal number.

7.3.7 Re-opening the Prize Pool

The organizing User has the option to reopen an already closed Prize Pool.

7.4 Messaging

SPLITTI can communicate with any User via private messaging available to each user through the Application.

This messaging allows each user to receive information from SPLITTI. The User is informed and accepts that he cannot send messages to SPLITTI via this email, only SPLITTI being authorized to do so.

This messaging service operates in a form and the technical ways that SPLITTI deems most appropriate to make said Service.

7.5 Technical assistance

SPLITTI provides Users with e-mail-accessible technical assistance at the contact information indicated in the article "Operator of the Application", allowing them to report any difficulties encountered during the use of the Services.

7.6 Events

The Events service allows any non-profit association or non-governmental organization (hereinafter the “Associative User”) to create a fundraiser (hereinafter the “Campaign”) on the Application to receive monetary donations (hereinafter the “Donations”) of User or not of the Application (hereinafter the “Donor Users”) for a cause supported by the association.

7.6.1 Campaign creation

For any Campaign creation on the Application, the Associative User, represented by his legal representative or any other person with the power to engage him (hereinafter the “Manager”), must provide the following documents to SPLITTI:

  • The notarial statutes of the Associative User.
  • The decree granting legal personality issued by the Ministry of Justice, failing which the provisional authorization issued by the same ministry.
  • The identity document of the Manager.
  • A letter of presentation of the supported cause.
  • And any other document deemed appropriate for the assessment of the request to create the Collection.
SPLITTI assesses each request at its own discretion. The company reserves the right to refuse any request without justification. In case of acceptance, the Associative User will be informed by any means leaving a written record.

7.6.2 Modalities of contribution

The terms of contribution remain the same. However, a Donor User may or may not be a User of the Application. Anyone can contribute provided they have the following means of payment: mobile money and / or credit card (Visa / Mastercard).

Before any contribution, the Donor User must provide the following mandatory personal information: full name, telephone number.

Target and contribution amounts have no limit in the Events service.

7.6.3 Advertising of the Campaign

The Associative User have the option of publishing images, videos, or any other information supports on the Application through their “Status”, visible to all SPLITTI Users, to make them aware of the cause supported.

SPLITTI reserves the right to remove any publication that does not comply with the law, which may infringe the privacy or the reputation of one or more persons.
8. FINANCIAL CONDITIONS

8.1 Service Awards

For Users, access to SPLITTI Services is free. However, SPLITTI collects a commission (hereinafter the “Commission”) on the amount transferred to the Recipient's Splitti Balance at the time the Prize Pool closes. The Commission is calculated on the total amount of the Prize pool. The percentage of the applicable Commission is three percent (3%).

SPLITTI is free to change the percentage of the Commission at any time, at its discretion, which the User acknowledges and accepts.

8.2 Payment terms

The User is expressly informed and accepts that the transfers of the Contributions and the payment of the Commission intervene on the payment account of SPLITTI for the duration of the Prize Pool. At the close of the Prize Pool, SPLITTI will transfer the Contributions of the Prize Pool, net of a Commission, to the Splitti Balance of the Recipient User through API Splitti, with which the User contracts directly.

As part of the Services, Users expressly mandate SPLITTI to provide API Splitti instructions on their name and their behalf.
9. DURATION
These General Conditions apply for the duration of the Account until the Account is closed by either Party, for whatever reason, under the following detailed conditions in the “Closing the Account” section.
10. GUARANTEED LEVEL OF SERVICES
SPLITTI will make its best efforts to make the application work continuously 24 hours a day, 7 days a week, except in case of force majeure.

If necessary, SPLITTI reserves the option of limiting or suspending access to the Application, to carry out any maintenance and/or improvement operation. In this case, SPLITTI undertakes to make its best efforts to inform in advance by a general informational message on the home page of the Application of these maintenances and/or improvement operations.

As part of these maintenance and/or evolution operations, SPLITTI undertakes to make its best efforts to make the backups of the Account and/or the contents that are hosted there, to allow its restoration, as it stands on the date of said maintenance and/or evolution operations.

SPLITTI cannot be held liable in the event of loss of content during maintenance and/or evolution operations.

SPLITTI is also committed to taking all necessary precautions, given the nature of the data and the risks posed by automated data processing implemented for the Services, to preserve the security of the data, including preventing it from being distorted, damaged, or accessed by unauthorized third parties.
11. USER OBLIGATIONS
Without prejudice to the other obligations provided here, the User undertakes to comply with the following obligations.

  • The User undertakes, in its use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
  • The User acknowledges that he has become aware of the characteristics and constraints, including technical ones, of all services.
  • The User is committed to providing SPLITTI with all the documents, elements, data, and information necessary for the smooth running of the Services. More generally, the User undertakes to cooperate actively with SPLITTI to carry out these cases and to inform them of any difficulties associated with this execution.
  • The User guarantees SPLITTI that it has all the rights and permissions necessary to broadcast content of any kind it broadcasts on the Application in connection with the use of the Services. It undertakes that such contents be lawful, do not infringe public order, good morals, or the rights of third parties, do not violate any legislative or regulatory provisions and, more generally, are in no way likely to jeopardize the civil or criminal liability of SPLITTI.
The User thus refrains from broadcasting and without this list being exhaustive:

  • content harmful to third-party computer systems (such as viruses, worms, Trojans, etc.),
  • and more generally any content that may infringe the rights of third parties or be harmful to third parties in any way and form.
In this context, the User guarantees SPLITTI against any complaint, claim, and/or action of one or more other Users and/or any third party claiming that the content would constitute a violation of its rights, whatever they may be and its intellectual property rights, right to image and privacy. Accordingly, the User undertakes to compensate SPLITTI for any damages it suffers and to bear all damages, as well as costs, charges, and costs to which SPLITTI could be ordered, or which would be provided for by a transactional agreement signed by SPLITTI after obtaining the user's prior approval.

The User is expressly informed and accepts that transfers of Contributions requested in connection with the use of the Services will be carried out within the double limit (i) of the applicable regulatory and legal authorizations, (ii) as well as the amount of the credit balance of the User's payment account. The User must therefore necessarily have sufficient funds in his payment account.
12. ACCOUNT CLOSURE
Users can opt-out of the Services at any time by clicking on the “Delete Account” tab in their Space settings. The deactivation of the Account is immediately if there is no money left in its Splitti Balance. The User will do his business of recovering the data on the media and in the format of his choice, which he recognizes and accepts.
13. PROHIBITED BEHAVIOUR
It is strictly forbidden to use the Services for the following purposes:
  • illegal, fraudulent, or infringing activities on the rights or security of third parties,
  • violation of public order or violation of applicable laws and regulations,
  • intrusion into a third party's computer system or any activity likely to harm, control, interfere, or intercept all or part of a third party's computer system, violating its integrity or security,
  • aid or inducement, in any form and in any way, to one or more of the acts and activities described above,
  • to carry out massive canvassing actions of users,
  • and more generally any practice that diverts the Services for purposes other than those for which they were designed.
It is strictly forbidden for any User to copy and/or divert, for his or her own or those of third parties, the concept, technologies, or any other element of the Application.

Also strictly prohibited are: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into SPLITTI systems, (iii) any diversion of the Application's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests of SPLITTI, and finally more generally (vii) any breach of these General Conditions.
14. SANCTIONING BREACHES
In the event of a breach of any of the provisions of these General Conditions, or more generally, of violation of laws and regulations by the User, SPLITTI reserves the right to:

  • temporarily or permanently suspend, without delay, access to the Services of the User who committed or participated in the breach, and who participated in it, and, in the case of the provision of incorrect, incomplete, misleading or outdated information at the time of registration,
  • remove any content related to the breach or offense considered, in whole or in part,
  • Delete the Offending User Account,
  • take all appropriate measures and take any legal action,
  • notify the relevant authorities, cooperate with them, and provide them with all the information relevant to the search and repression of illegal or illegal activities.
In the event of the User's breach of an essential obligation arising from or repeated violation of, these Terms, SPLITTI reserves the right to terminate the User's access to all or part of the Services, with immediate effect by messaging. The termination takes effect as of right on the date when SPLITTI sends the written address to the User under this clause. It automatically and without prior notice, the permanent deletion of the User's Account, without prejudice to the other consequences possibly induced under these General Conditions.

The termination of these conditions will be without prejudice to any damages to which SPLITTI could claim because of the User's failure and any penalty that may be owed to him.
15. SPLITTI'S EXCLUSION FROM LIABILITY AND WARRANTY
SPLITTI undertakes to make its best efforts to provide the Services diligently and in accord with the rules of the art, being specified that it weighs on it an obligation of means, excluding any obligation of result, which the User expressly acknowledges and accepts.

Its liability is limited to the provision of the Services in accord with the terms described here, excluding any other services. The User also acknowledges and accepts that the Services are provided as is without any guarantee of any kind, express, or implied.

In particular, SPLITTI does not guarantee that:

  • Services, subject to constant research to improve performance and progress, will be completely free of errors, defects, or defects.
  • As the Services are standard and by no means offered solely to the User-based on their constraints, will specifically meet the user's needs and expectations.
  • The Application will operate uninterruptedly, with SPLITTI reserving the ability to temporarily interrupt access to the Application for maintenance reasons under the terms of the "Service Level Guarantee" section and cannot be held responsible for disruptions or failures of the Internet or telecommunications network, and more generally that would originate in circumstances outside it or arising from force majeure.
SPLITTI also disclaims any responsibility for any loss of information available on the User's Account, as the User must ensure that a copy of the information it deems necessary and cannot be compensated for it.

SPLITTI may not be liable to the User for the payment of any damages of any kind, direct or indirect, material, financial or moral, because of its use of the Services and The Application.

The User states that he is fully informed that he accesses via the Application services for which SPLITTI does not exercise any moderation and intervenes as a host. SPLITTI cannot be held responsible, as a mere host, for comments, content posted via the Messaging Service, and messages whose authors are Users, any possible claim to be directed first to the author of the content posted via the Messaging Service and the messages in question.

Also, the User acknowledges and accepts that SPLITTI acts as an agent, in that it acts as a mere intermediary in the management of payment accounts circulating between users - organizers, participants, and beneficiaries and, as a result, is not a party to the transactions that have taken place. SPLITTI simply transmits to its connected API to its Financial Partner, the transfer orders issued by Participating Users on behalf of a recipient User.

SPLITTI does not guarantee that a Campaign will receive Donations or a certain amount of Donations. SPLITTI does not support any Campaign, User, or specific cause, and SPLITTI makes no warranty, express or implied, as to the accuracy of the information provided through the Services. SPLITTI expressly disclaims any responsibility for the outcome or success of any Campaign.

SPLITTI does not guarantee that the Donations will be used for the purpose of the Campaign as stipulated by an Associative User. As a Donor User, it is up to you to decide the amount and the appropriateness of any contribution to an Events. All Donations are made at your own risk. When you donate on the Application, it is up to you to understand how your money will be used. Notwithstanding the above, we take potentially fraudulent activities, as well as the embezzlement of funds raised, very seriously. If you have reason to believe that a Campaign does not raise or use the funds for the declared purpose, please report it to SPLITTI.

SPLITTI's responsibility is limited to providing the tools made available to Users on the Application, as described here.
16. INTELLECTUAL PROPERTY
These General Terms do not confer any intellectual property rights of any kind on the Application, as well as on all texts, images, content operated by SPLITTI on the Application, excluding the Content posted online by the User in question, including these General Conditions, trademarks, trade names and logos, software, structures, infrastructure, and databases used by SPLIT, which remain the exclusive, full-fledged property of SPLITTI.

Any act of disassembly, decompilation, decryption, extraction, reuse, and more generally any reproduction, representation, distribution, adaptation, marketing of the Application and/or texts, images, content operated by SPLITTI on the Application by the User, not following the provisions of these General Conditions, are prohibited and may be subject to legal action.
17. PERSONAL DATA
SPLITTI has a privacy policy, the characteristics of which are spelled out in the document entitled “Charter on the Protection of Personal Data”, which is available on the www.splitti-app.com website and which the User is expressly invited to read.

In particular, SPLITTI states that it respects all its obligations and regulations to protect personal data, including ensuring the security and confidentiality of data collected and processed.
18. ADVERTISING
SPLITTI reserves the right to insert, on any page of the Application and in any communication to Users, any advertising or promotional messages in a form and conditions of which SPLITTI will be the sole judge.
19. LINKS AND THIRD-PARTY SITES
SPLITTI cannot be held responsible for the technical availability of websites operated by third parties (including potential partners and/or corporate users) to which the User would access through the Application.

SPLITTI assumes no responsibility for the content, advertisements, products, and/or services available on such third-party sites, which are not recalled being governed by their terms of use.

SPLITTI is also not responsible for transactions between the User and any advertiser, professional, or merchant (including potential partners) to which the User would be directed through the Application and/or between the Users between them and cannot in any way be a party to any possible disputes with these third parties concerning, among other things, the guarantees, declarations, and other obligations to which these third parties are bound.
20. WAIVER
The fact that one of the Parties did not exercise any right or power under the provisions of these General Conditions, or that it had been exercised late, cannot be construed as a waiver to exercise all or part of that right or power, and any single or partial exercise of any right or power will not prevent a re-implementation of that right or power.
21. MAJOR FORCE
SPLITTI cannot be held liable to the User if the performance of its obligations is delayed, restricted, or made impossible by the occurrence of a major force event as defined by Congolese law.

The occurrence of a force majeure event will initially suspend the execution of the Services for no more than three (3) months. If the case of major force continues beyond the period, the Parties may terminate these General Conditions, as of right, without formality, without notice, and without the right to any kind of compensation, by sending a recommended letter with acknowledgment with immediate effect.
22. NULLITY
If any of the provisions of these General Conditions were to be declared null and void because of a law, regulation or because of a final decision by a competent court, only that provision would be null and void, the other provisions will retain their full strength and scope.
23. CHANGE IN GENERAL CONDITIONS
SPLITTI reserves the right to amend these General Conditions at any time. In particular, SPLITTI reserves the possibility of modifying and/or stopping offering all or part of the Services, at any time at its discretion.

The User will be informed of these changes by any useful means, at least fifteen (15) days before they come into force. The amended General Conditions will apply immediately to any User of the Services as soon as they are posted on the Application.

Users who do not accept the amended General Conditions must opt-out of the Services.

Any User who uses the Services after the amended General Conditions come into force is deemed to have accepted these changes, which will be fully applicable to them.
24. NOTIFICATION
For any request for information, SPLITTI can be contacted at the contact information mentioned in the article “Operator of the Application” of these.
25. APPLICABLE LAW AND COMPETENT COURTS
These General Conditions are governed by Congolese law.

In the event of a dispute over the validity, interpretation, and/or enforcement of the General Conditions, the parties agree that the Kinshasa courts will be exclusively competent to judge them unless there are mandatory procedural rules to the contrary.
26. ENTRY INTO FORCE
These General Conditions came into force on July 31, 2020.

USER DATA PROTECTION CHARTER

Last updated: July 31, 2020
1. DEFINITION AND NATURE OF PERSONAL DATA
When using the SPLITTI app the "Application" we may ask you to provide us with personal data about you.
The term "personal data" refers to any information relating to an identified or identifiable individual. An individual is deemed to be an "identifiable individual" who can be identified, directly or indirectly, including by reference to an identifier, such as a name, identification number, location data, an online identifier, or to one or more specific elements specific to his or her physical, physiological, genetic, psychic, economic, cultural or social identity.
2. PURPOSE OF THIS CHARTER
The purpose of this charter is to inform you of the means we use to collect and process your data, with the strictest respect for your rights.
3. IDENTITY OF THE PERSON RESPONSIBLE FOR DATA COLLECTION AND PROCESSING
The person responsible for collecting and processing your personal data is SPLITTI RDC , a limited liability company headquartered at No. 1 Ngongo Lutete Avenue, Kinshasa/Gombe, registered with the RCCM under the CD/KNG/RCCM/19-B-01150 and nationally identified under the number: (named in this context: We).
4. COLLECTION AND PROCESSING OF PERSONAL DATA
Your data is collected and processed to meet one or more of the following purposes:
  • Manage your access to certain services accessible on the Platform and their use,
  • Build a file of registered members, users, customers, and prospects,
  • Develop trade and attendance statistics for our services,
  • Manage the management of people's opinions on the quality of service,
  • Manage unpaid debts and potential litigation over the use of our services,
  • Respect our legal and regulatory obligations.
The legal basis for processing your data is the execution of the contract allowing you to use the Application as well as the legitimate interest of SPLITTI.
5. DATA COLLECTED
Only the data strictly necessary for the use of the Application is collected: your username (pseudo), phone number, password, and recovery number. This data must be provided to access the Platform's services.
6. RECIPIENTS OF DATA COLLECTED AND PROCESSED
Only the staff of our company, the supervisory services (including the auditor), and our subcontractors will have access to your data.
Public bodies may also receive your data, exclusively to meet our legal obligations, court assistants, departmental officers, and debt collection agencies.
7. TRANSFER OF PERSONAL DATA
Your data will not be subject to transfers, leases, or exchanges for the benefit of third parties.
8. LENGTH OF RETENTION OF PERSONAL DATA
Your data will not be subject to transfers, leases, or exchanges for the benefit of third parties.
  • Regarding customer and lead management data:
    Your data will not be kept beyond the strictly necessary time to manage our business relationship with you. However, the data to establish proof of a right or contract, which must be retained under a legal obligation, will be retained for the duration provided by the current law.
    For possible prospecting operations for customers, their data may be kept for three (3) years from the end of the commercial relationship.
    Personal data relating to a lead, non-customer, may be retained for three (3) years from the prospect's collection or last contact.
    At the end of these three(3) year period, we will be able to contact you again to find out if you would like to continue to receive commercial solicitations.
  • Regarding the management of opposition lists to be received from prospecting:
    Information to take into account your right of objection is kept for at least three (3) years from the exercise of the right of objection.
9. SECURITY
We inform you to take any useful precautions, organizational and technical measures appropriate to preserve the security, integrity, and confidentiality of your data and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorized third parties.
10. CONSENT
When you choose to disclose your data, you expressly consent to the collection and processing of your data following the current charter and legislation.
11. ACCESS TO YOUR DATA
Anyone whose personal data has been collected and processed has:
  • A right of access and rectification when treatment is necessary to comply with a legal obligation;
  • A right of access, rectification, erasure, limitation, and portability when the treatment is necessary for the performance of the contract or the execution of pre-contract measures taken at the request of the person concerned;
  • A right of access, rectification, erasure, and opposition where treatment is necessary for our legitimate interests.
All requests must be e-mailed to help@splitti-app.com.
Once the request has been made and received, we will process it as soon as possible and no later than one month after receipt.
12. MODIFICATIONS
We reserve the right, at our sole discretion, to amend this charter at any time, in whole or in part. These changes will come into effect as soon as the new charter is issued. Your use of the Application following the entry into force of these amendments will be worth recognizing and accepting the new charter. Failing that, and if this new charter doesn't suit you, you won't have to access the App.
13. CONTACT AND COMPLAINT
If you have any questions about the protection of your data, simply email help@splitti-app.com.
14. ENTRY INTO FORCE
This charter came into force on 31/07/2020.

GENERAL TERMS OF USE SPLITTI API

Last updated: July 31, 2020
1. OBJECT
The company SPLITTI DRC SARL (hereafter SPLITTI) is aimed at the design, publishing, marketing, installation, maintenance of software, and software specialized in facilitating online payment services
To facilitate the development of any company's e-Commerce site "Customer" , SPLITTI offers an Application programming interface service "Splitti API" to the Customer. The Splitti API allows customers to offer their users "Users" on their e-Commerce site a simple online payment solution.
SPLITTI and users are assigned together or individually as a "Party." ».
The Parties agree to conclude the Agreement online through the Application and to proceed with the conclusion of the contractual documents electronically. The User agrees that the terms of communication with SPLITTI should be done exclusively online.
The purpose of these terms and conditions (the "General Terms") is to set out the terms and conditions under which SPLITTI provides users with the above services "Services", as well as to define the rights and obligations of the Parties in this framework.
They express the full agreement of the Parties and cancel and replace any agreement, letter, offer, or other previous written or oral document with the same purpose.
They are accessible and printable at any time on the website: www.splitti-app.com.
They may be supplemented, if necessary, by special terms of use, which complement and, in the event of a contradiction, prevail over them.
2. OPERATOR OF THE APP
The Application and Services are operated by SPLITTI DRC, a limited liability company headquartered at No. 1 Ngongo Lutete Avenue, Kinshasa/Gombe, registered with the RCCM under the CD/KNG/RCCM/19-B-01150 and nationally identified at 01-83-N48203C (hereafter SPLITTI).
SPLITTI can be contacted at the following contact information:
3. ACCEPTANCE OF TERMS AND CONDITIONS
The Customer states, by integrating the Splitti API on its e-Commerce website, that he has read these Terms and Conditions and expressly accepts them.
The User declares, by registering on the Customer's E-Commerce website, that he has read these Terms and Conditions and expressly accepts them.
This acceptance, which is materialized by registration on the e-Commerce site, can only be complete. Any conditional membership is considered null and void. Users who do not agree to be bound by these Terms and Conditions will not be able to access the Customer's E-Commerce site or use the Services. The contract is formed electronically.
4. DESCRIPTION OF SERVICES
Splitti API is a payment gateway between a financial partner and an e-Commerce site. A verification and matching process ensures that the e-Commerce user who entered his payment account details has an account on the books of one of the Financial Partners ("Financial Partners").
A ce jour, API Splitti ne fonctionne qu’en lien avec les Partenaires financiers suivants :
  • Rawbank ;
  • M-pesa ;
  • Visa/Mastercard via Equity Bank.
The deployed API is "Stateless," which means that SPLITTI will not store or archive the data. On the other hand, technical logs for reasons of ALS, technical analysis, and quality of service will be archived by SPLITTI.
5. GUARANTEED LEVEL OF SERVICES
SPLITTI is committed to implementing the following security measures:
  • Ways to ensure the confidentiality, integrity, availability, and resilience of processing systems and services;
  • A procedure to regularly test, analyze, and evaluate the effectiveness of technical and organizational measures to ensure the safety of the treatment.
SPLITTI is committed to using all reasonable means at its disposal to provide 24/7 service. HOWEVER, SPLITTI does not guarantee continuous, uninterrupted access to the Services. As a result, SPLITTI cannot be held responsible for the complete or partial non-accessibility of the Services, as long as they are the result of a case of force majeure or factors beyond THE reasonable control of SPLITTI.
The Customer and user are informed that SPLITTI may occasionally interrupt access to all or part of the Services to allow repairs, maintenance, and functionality additions. SPLITTI cannot be held responsible for any damages resulting from these suspensions.
The Customer and its User state that they are familiar with the characteristics and limitations of the Internet and state that they are aware that the Internet can lead to hazards that can alter the Services regardless of SPLITTI's wishes.
6. SPLITTI BONDS
SPLITTI undertakes, as part of a means bond, to:
  • Ensure continuity of access to Subscribed Services;
  • Notify the Customer in writing without delay any event that could endanger the realization of the Services and in particular, any security incident (intrusion, data theft, viruses...) suffered by the Services;
  • Solicit the Client for any information necessary to carry out the mission entrusted to him;
  • Use the information provided to it by the Customer only within the framework and for the need of the Services;
  • To carry out the Services following the expected quality criteria and, in any case, following the rules of the art and with all due diligence and professionalism;
  • Provide the means and diligence necessary to achieve the services perfectly;
  • To make every effort to resolve difficulties/events that could put the Services at risk or risk to ensure the perfect execution of the Services;
  • Run the Services following applicable legal and regulatory standards and provisions.
7. CUSTOMER OBLIGATIONS
The Customer is committed to:
  • Ensure that the Services subscribed to its needs are adequate;
  • Use the Services following the Contract, applicable regulations, and the rights of third parties, including:
    The Customer is committed to:
    • Do not use the Services for purposes that would offend public order or good morals;
    • Do not use the Services to receive or provide services or goods that would violate applicable regulations;
    • Do not use the Services for illegal activities;
    • Don't create a user account with a fictitious identity, don't falsify your own identity;
    • Do not harm others through the use of the Services, or deceive or abuse others, including not impersonating a third party and not using a third party's data;
    • Do not use the coordinates obtained through the Services to disseminate computer or related viruses;
    • Do not damage the reputation of SPLITTI or the Services;
    • Actively and permanently collaborate, including a general obligation to collaborate;
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  • Pay SPLITTI the commission agreed under the terms and time of the Contract.
8. FINANCIAL CONDITIONS
For the user of the e-Commerce site, access to Splitti API Services is free. However, SPLITTI collects a commission (the "Commission") on the total amount of all taxes included per transaction made with its Financial Partners.
This amount is deducted instantly by SPLITTI from the amounts paid.
The percentage of the Commission is that agreed between the Client and SPLITTI. This percentage can be changed at any time by SPLITTI, at its discretion, which the Customer and its User recognize and accept.
9. DURATION
For the User of the Customer's E-Commerce site, these General Terms apply to the duration of its registration on this site, until the termination of the site by either Party, for whatever reason.
For the Customer, these Terms apply for the duration of their Contract with SPLITTI.
10. GUARANTEED LEVEL OF SERVICES

10.1 Intellectual Property on Services.

SPLITTI owns and continues to hold all of the intellectual property rights to the Services, including documentation and the various elements to operate the Services. SPLITTI also holds and still holds all property rights on developments and other deliverables possibly made available to the Customer by SPLITTI under the Contract.
Under these terms, and subject to the full payment by the Customer of the sums due to SPLITTI, the Customer is granted, for the duration of the Contract, a personal, non-transferable, non-transferable, and non-exclusive right of the Subscribed Services.
The term "use" means loading and running the Splitti API to allow the Splitti API to be integrated into the Client's computer system.
This right is granted to the Customer only within the limits and to allow him to use the Subscribed Services following his needs and their documentation, following these General Conditions.
The Customer recognizes that SPLITTI can remotely control compliance with the terms and restrictions of use.
The Customer forbids himself for these Terms and Conditions of:
  • Reproduce all or part of the Services, in any form and on any type of medium;
  • Translate, adapt or arrange all or part of the Services;
  • Change or intervene on all or part of the Services;
  • Reverse engineering, disassemble or uncomting all or part of the Services, except to the extent provided by the Intellectual Property Code and within the strict limits granted by it;
  • Modify, alter, disable, or remove in any way the "key" protection systems installed on the Services;
  • Distribute, market, or make available, in any way, free of charge or expensive, all or part of the Services.
It is expressly agreed that the Customer refrains from correcting any anomaly on the Services on his own, as SPLITTI reserves this right on its own.

10.2. Intellectual Property on Service Improvements

SPLITTI remains the sole owner of all intellectual property rights, such as the rights to operate, reproduce, adapt, represent, market, and publish related to new versions of the Services, including suggestions, improvements, advice, or other information provided by the Client and related to the Services.
11. PROTECTION OF PERSONAL DATA
The Customer is and remains the sole owner of the Data. The Client grants SPLITTI sufficient rights to the Data so that it can process it within the strict framework of the provision of the Services.
The Client assumes full responsibility for all data and is committed to protecting SPLITTI from third-party data remedies.
12. GUARANTEE AND RESPONSIBILITY

12.1. At the expense of SPLITTI

SPLITTI can only be held liable in cases of fault directly and exclusively attributable to SPLITTI. SPLITTI will only be responsible for direct damage. Thus, in no case can SPLITTI be held liable for any indirect damages, such as commercial injury, customer loss, commercial disturbance, loss of profit, loss of branding suffered by the Customer, or by a third party, which could result from the Services provided by SPLITTI.
SPLITTI guarantees the Customer that he has all the intellectual property rights on the Services allowing him to make the Services available to the Customer.
SPLITTI cannot guarantee that the Services will operate without interruption or error, which the Customer accepts.

12.2. At the customer's expense

It is recalled that Data, as well as content integrated or processed via Customer Services, is the sole responsibility of the Customer.
The Customer is and remains, throughout the Terms and Conditions, responsible for the access and use of the Services by the User.
13. SANCTIONING BREACHES
In the event of a breach by one of the Parties to any of the obligations arising from these Terms and Conditions, and if the offending Party does not remedy audit breach within the thirty (30) calendar days following receipt of the formal notice addressed to it by letter recommended with acknowledgment, these General Conditions may be terminated with immediate effect at the initiative of the Non-offending Party, this without prejudice to the damages to which the offending party may be liable for its co-contractor because of the harm that the breach and the subsequent termination inflict on it.
14. RENOUNCEMENT
The fact that one of the Parties did not exercise any right or power under the provisions of these Terms and Conditions, or that it had been exercised late, cannot be construed as a waiver to exercise all or part of that right or power, and any single or partial exercise of any right or power will not prevent a re-implementation of that right or power.
15. MAJOR FORCE
SPLITTI cannot be held liable to the Customer and its Users if the performance of its obligations is delayed, restricted, or made impossible by the occurrence of a major force event as defined by Congolese law.
The occurrence of a force majeure event will initially suspend the execution of the Services for no more than three (3) months.
If the case of force majeure continues beyond the aforementioned period, the Parties may terminate these Terms and Conditions, as of right, without formality, without notice and the right to any kind of compensation, by sending a recommended letter with acknowledgment with immediate effect.
16. COMPUTER DEVELOPMENTS
SPLITTI undertakes, throughout the Contract's execution, to inform the Customer on time of any changes in its information systems that may, within a specified period between SPLITTI and the Client, have any impact on the performance of the Services subject to the General Terms.
SPLITTI is also involved in its IT developments:
  • To respect good practices regarding secure IT development, including ensuring that its IT developers are properly trained in these good practices;
  • If necessary, only providers who are properly trained in these good practices and who are contractually obliged to implement them should be called upon.
17. NULLITY
If any of the provisions of these Terms and Conditions were to be declared null and void as a result of a law, regulation or as a result of a final decision by a competent court, only that provision would be null and void, the other provisions will retain their full strength and scope.
18. CHANGE IN GENERAL CONDITIONS
SPLITTI reserves the right to amend these Terms and Conditions at any time. In particular, SPLITTI reserves the possibility of modifying and/or stopping offering all or part of the Services, at any time at its discretion.
The Customer will be informed of these changes by any useful means, at least fifteen (15) days before they come into force. The amended Terms and Conditions will apply immediately to any User of the Services as soon as they are posted on the SPLITTI website.
Customers and users who do not accept the amended Terms and Conditions must opt-out of the Services.
Any Customer and User who use the Services after the amended Terms and Conditions come into force are deemed to have accepted these changes, which will be fully applicable to them.
19. LINKS AND THIRD-PARTY SITES
SPLITTI cannot be held responsible for the technical availability of websites operated by third parties (including potential partners and/or corporate users) to which the User would access through the Customer's E-Commerce website.
SPLITTI assumes no responsibility for the content, advertisements, products, and/or services available on such third-party sites, which are not recalled to be governed by their terms of use.
SPLITTI is also not responsible for transactions between the User and any advertiser, professional, or merchant (including potential partners) to which the User would be directed through the e-Commerce site and/or between users among themselves and cannot in any way be a party to any possible disputes with these third parties concerning, among other things, the guarantees, declarations and other obligations to which these third parties are bound.
20. APPLICABLE LAW AND COMPETENT COURTS
These General Conditions are governed by Congolese law..
In the event of a dispute over the validity, interpretation, and/or enforcement of the Terms and Conditions, the parties agree that the Kinshasa courts will be exclusively competent to judge them unless there are mandatory procedural rules to the contrary.
21. ENTRY INTO FORCE
These Terms and Conditions came into force on 31/07/2020.