Suss Digital Africa Ltd / Suss Digital FZ-LLC API Terms and Conditions

Last Updated: 11th February 2025

These Terms and Conditions ("Agreement") govern your access to and use of the Suss Application Programming Interface ("API") provided by Suss Digital ("Suss," "we," "us," or "our"). "Customer," "you," or "your" means the person or entity accepting or signing this Agreement and agreeing to be bound by this Agreement. If you use or access the Suss APIs on behalf of an entity, then you represent and warrant that you have authority to bind that entity to this Agreement, that you are doing so on behalf of that entity, and that all references to "You" in the Agreement refer to that entity.

1. Definitions

API: The Suss Application Programming Interface, including any documentation, code, or related materials provided by Suss.

Application: Any software application, website, or product developed by you that interacts with the API.

Confidential Information: Any non-public information disclosed by Suss, including but not limited to business strategies, customer data, and technical specifications.

Data Protection Laws: All applicable laws relating to data protection, privacy, and security in Kenya, including the Data Protection Act, 2019.

Credentials: Security tokens, API keys, passwords, or any other authentication details provided by Suss for accessing the API.

2. Acceptance of Terms

By accessing or using the API, you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as Suss's general Terms and Conditions available at suss.co.ke.

3. Licence Grant and Usage
3.1 Licence Grant

Suss grants you a limited, non-exclusive, non-transferable licence to access and use the API solely for developing and operating your Application, in accordance with this Agreement.

3.2 Permitted Use

You may use the API to retrieve and display data from Suss services within your Application, provided that you comply with all applicable laws and this Agreement.

3.3 Restrictions

You agree not to:

Reverse engineer, decompile, or disassemble any part of the API.

Use the API in a manner that violates any laws or regulations.

Misrepresent or conceal your identity when using the API.

Interfere with or disrupt the integrity or performance of the API or the data contained therein.

Share, sell, or transfer your Credentials to any third party without Suss's prior written consent.

4. API Usage and Limits
4.1 Usage Limits

Suss may establish usage limits to ensure optimal performance of the API for all users. We will make reasonable efforts to inform you of any such limits and will work with you to accommodate your needs where possible.

4.2 Monitoring

We reserve the right to monitor your use of the API to ensure compliance with this Agreement and to improve our services.

5. Security and Credentials
5.1 Security Obligations

You are responsible for maintaining the confidentiality and security of your Credentials. You must take all reasonable precautions to prevent unauthorised access to the API using your Credentials.

5.2 Notification of Unauthorised Access

You agree to notify Suss immediately if you become aware of any unauthorised use of your Credentials or any other breach of security related to the API. You will cooperate with Suss in any investigation or remediation efforts.

5.3 Liability for Account Activity

You are solely responsible for all activities that occur under your account and Credentials, whether or not authorised by you. Suss shall not be liable for any loss or damage arising from unauthorised use of your Credentials.

6. Data Protection and Privacy
6.1 Compliance

You agree to comply with all Data Protection Laws relevant to your use of the API and any personal data obtained through it, including the Data Protection Act, 2019 of Kenya.

6.2 Data Use

You may only use personal data obtained through the API for the purposes expressly permitted under this Agreement. You must implement appropriate safeguards to protect such data and ensure that any processing of personal data is lawful and transparent.

6.3 Security Measures

You must implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access.

6.4 Data Subject Rights

You agree to assist Suss in responding to any requests from data subjects exercising their rights under the Data Protection Act, 2019, including access, correction, deletion, or restriction of their personal data.

7. Confidentiality

Each party agrees to keep the other party's Confidential Information confidential and to use it only for purposes related to this Agreement. This obligation continues after the termination of this Agreement.

8. Warranties and Disclaimers
8.1 Mutual Warranties

Both parties represent and warrant that they have the authority to enter into this Agreement and fulfil their obligations under it.

8.2 Disclaimer

While Suss strives to provide reliable and accurate API services, the API is provided "as is." Suss makes no warranties regarding the API's availability, accuracy, or reliability.

9. Limitation of Liability
9.1 Liability Cap

Each party's total liability under this Agreement shall not exceed the amount paid or payable by you to Suss in the twelve months preceding the event giving rise to the liability.

9.2 Exclusion of Certain Damages

Neither party shall be liable for indirect, incidental, or consequential damages arising out of or related to this Agreement.

10. Indemnification
10.1 By You

You agree to defend, indemnify, and hold Suss, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with:

Your use of the API in violation of this Agreement or applicable laws.

Any breach of your security obligations under Section 5.

Any unauthorised access or use of the API using your Credentials.

10.2 By Suss

Suss agrees to defend and indemnify you against any third-party claims alleging that the API infringes upon any intellectual property rights, provided we promptly notify you of such claims and give you full control over the defence and settlement.

11. Intellectual Property Rights

All rights, title, and interest in and to the API, including all intellectual property rights, are and shall remain the exclusive property of Suss Digital Limited and its licensors. These API Terms do not grant you any rights to use Suss's trademarks, logos, or other brand features without our prior written consent.

12. Sensitive Data
12.1 Acknowledgement of Risks

You acknowledge that the API may allow for sensitive transactions, performing financial transactions, and accessing sensitive financial data. You understand that improper use or unauthorized access could result in significant harm.

12.2 Responsibility for Transactions

You are solely responsible for all transactions conducted through your Application using the API. Suss shall not be liable for any loss or damage arising from transactions initiated by you or through the use of your Credentials.

12.3 Compliance with Laws

You agree to comply with all applicable financial regulations and laws when using the API to perform transactions.

13. Termination
13.1 Termination by Either Party

Either party may terminate this Agreement with 30 days's` written notice.

13.2 Termination for Cause

Either party may terminate this Agreement immediately if the other party materially breaches any term of this Agreement and fails to remedy the breach within a reasonable time after receiving notice.

13.3 Effect of Termination

Upon termination, you must cease all use of the API and delete any stored data obtained through it, unless otherwise agreed in writing.

14. Governing Law and Jurisdiction

This Agreement is governed by the laws of Kenya. The dispute resolution mechanism outlined in the Suss's general terms and conditions.

15. Miscellaneous
15.1 Amendments

Any amendments to this Agreement must be in writing and signed by both parties.

15.2 Entire Agreement

This Agreement, along with Suss's general Terms and Conditions, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.

15.3 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in effect.

15.4 Notices

All notices under this Agreement shall be in writing and deemed given when delivered personally, sent by courier, or e-mail.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, war, natural disasters, or governmental actions.

16. Contact Information

For any questions or concerns regarding this Agreement, please contact Suss at:

Email: info@suss.co.ke or support@suss.co.ke

By accessing or using the Suss API, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.