Terms & Conditions

SOQONI APP TERMS AND CONDITIONS

Last Updated: 18 May 2026

Effective Date: 18 June 2026

PREAMBLE

INTRODUCTION AND ACCEPTANCE

These Terms and Conditions (“Terms”) constitute a legally binding contractual agreement between you, the user (“you,” “your”), and Sokoni Applications Ltd, a company duly incorporated under the laws of the Republic of Kenya with its registered office at Kitengela, Red Heron Mall, Room F18 (hereinafter referred to as “Soal,” “Company,” “we,” “us,” “our”), governing your access to and utilization of the SoQoni mobile application, associated websites, and all related services, content, and functionalities (collectively, the “Services”).

By downloading, installing, accessing, or using the Services in any manner, you explicitly acknowledge that you have read, understood, and irrevocably agree to be bound by all the provisions, covenants, and stipulations contained within these Terms, as well as our incorporated Privacy Policy and Refund Policy. If you do not unconditionally accept and agree to all these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

MODIFICATION OF TERMS

Soal reserves the sole, absolute, and unfettered right, at its discretion, to amend, modify, alter, or supplement these Terms at any time and for any reason. Such modifications shall become effective immediately upon their posting within the Application or on our associated website. Your continued access or use of the Services following the posting of any revised Terms constitutes your definitive and unequivocal acceptance of those changes. It is your sole responsibility to periodically review these Terms to stay informed of any updates.

RELATIONSHIP WITH OTHER POLICIES AND AGREEMENTS

These Terms shall be read together with the SoQoni App Privacy Policy, Refund Policy, and any specific agreements entered into between Soal and Users, including the Seller Partnership Agreement. In the event of any conflict between these Terms and a specific agreement executed with a User, the specific agreement shall prevail to the extent of that inconsistency.

PART A: GENERAL TERMS FOR ALL USERS

DEFINITIONS AND INTERPRETATION

For the purposes of these Terms, the following capitalized terms shall have the meanings ascribed to them below:

(a) “App” or “Application” shall refer to the SoQoni mobile application, including all its updates, versions, and any related web-based platforms operated by Soal.

(b) “Customer” shall mean any natural or legal person who accesses the Services for the purpose of procuring goods or services from Sellers or Service Providers via the App.

(c) “Seller” shall denote any registered business, merchant, or individual that has been granted permission by Soal to list, advertise, offer, and sell goods to Customers through the App, and who has executed a Seller Partnership Agreement with Soal.

(d) “Service Provider” shall mean any registered business or individual offering services through the App, including but not limited to professional services, repair services, or other non-goods offerings.

(e) “Rider” shall refer to an independent, third-party delivery contractor who is verified by Soal to provide logistics and delivery services for transactions conducted on the App.

(f) “Active Session” describes the operational status wherein a Seller, Service Provider, or Rider has the Application open, is logged into their account, or is actively indicating availability to receive order requests or delivery assignments from the system.

(g) “Proximity Matching Algorithm” signifies Soal’s proprietary automated system designed to algorithmically assign an incoming Customer order to the geographically nearest Seller or Service Provider maintaining an Active Session, and subsequently to assign the fulfillment of that order to the geographically nearest Rider to the Seller or Service Provider who is also in an Active Session.

(h) “Content” encompasses all text, graphics, user interfaces, visual interfaces, images, trademarks, logos, sounds, music, artwork, computer code, and all other intellectual property and materials made available on or through the App.

(i) “Market” means a designated geographical segment within a town, created to ensure speed and convenience of delivery, from which Customers may purchase goods or services.

(j) “Seller Partnership Agreement” means the separate agreement entered into between Soal and a Seller or Service Provider governing their specific relationship, including terms related to payments, fees, technology obligations, and marketing support.

ELIGIBILITY AND ACCOUNT REGISTRATION

(a) By affirming your acceptance to these Terms, you represent and warrant that you are at least eighteen (18) years of age and possess the full legal capacity, right, and authority to enter into this binding agreement. The Services are not intended for and may not be used by individuals under the age of 18.

(b) You further covenant and agree to provide accurate, current, complete, and non-misleading information during the registration process and to promptly update such information to maintain its accuracy and completeness at all times.

(c) You are solely and entirely responsible for maintaining the strict confidentiality of your account credentials, including your password, and for all activities and transactions that occur under your account. You must immediately notify Soal of any unauthorized use of your account or any other breach of security.

(d) Soal reserves the right, in its sole and absolute discretion, to refuse service, suspend, or terminate your account, and/or cancel orders, at any time and without liability, if it suspects or discovers that you have provided false, inaccurate, or misleading information, or have engaged in fraudulent, deceptive, or illegal activities through the use of the Services.

INTELLECTUAL PROPERTY RIGHTS

(a) The Services, including but not limited to their entire contents, features, functionality, source code, databases, software, design, audio, video, text, photographs, graphics, and the trademarks, service marks, and logos contained therein (“Soal IP”), are owned by Soal, its licensors, or other providers of such material and are protected by the laws of the Republic of Kenya and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

(b) You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, non-commercial use, strictly in accordance with these Terms. No right, title, or interest in or to the Soal IP is transferred to you.

(c) You expressly agree not to engage in the reproduction, distribution, modification, creation of derivative works of, public display, public performance, republishing, downloading, storing, or transmitting any of the Soal IP, except as expressly permitted by these Terms.

PROHIBITED CONDUCT

You hereby expressly covenant and agree not to engage in any of the following prohibited activities:

(a) The use of any software, device, script, or routine, including but not limited to fake GPS applications, to interfere or attempt to interfere with the normal operations of the App, including the spoofing or falsification of your geographical location.

(b) Any form of collusion, coordination, or fraudulent arrangement between Users, including between Customers and Sellers, Service Providers, or Riders, designed to manipulate the platform, its pricing, its rating system, or to create fake orders.

(c) The artificial, systematic, or bad-faith rejection of orders or assignments without a legitimate and justifiable cause.

(d) The harassment, abuse, intimidation, defamation, or harm of any other User, Rider, Seller, Service Provider, employee of Soal, or any other person.

(e) The use of the Services for any unlawful, fraudulent, or malicious purpose, or in any way that violates any applicable local, national, or international law or regulation.

LIMITATION OF LIABILITY AND INDEMNIFICATION

(a) To the maximum extent permitted by the laws of the Republic of Kenya, in no event shall Soal, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party (including other Users) on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

(b) Soal shall not be held liable for any damages, losses, or injuries arising from: (i) the actions, omissions, negligence, or misconduct of any User, including but not limited to a Seller’s failure to provide goods of merchantable quality, a Service Provider’s failure to deliver professional services, or a Rider’s failure to exercise due care in delivery; (ii) any delays in delivery or service interruptions caused by factors beyond our reasonable control, including but not limited to traffic congestion, adverse weather conditions, acts of God, public utility failures, or force majeure events; (iii) any personal injury or property damage arising from the use of the services, except where proven to be a direct result of the gross negligence of Soal; (iv) payments sent to a wrong M-Pesa number provided by a User.

(c) You agree to defend, indemnify, and hold harmless Soal and its licensors and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

PART B: ADDITIONAL TERMS FOR CUSTOMERS

ORDER PLACEMENT AND MARKET SEGMENTATION

(a) The Customer acknowledges and agrees that the Services are structured upon a hyper-localized model wherein each operational town is segmented into distinct and semi-autonomous market areas. For the inaugural town of Kitengela, these markets are defined as CBD, EPZ, Milimani, Yukos, Acacia, and Korompoi.

(b) The Customer may purchase goods or services from the same market or from different markets in a single order. Delivery shall be processed as one order only, even if the order involves multiple stores, service providers, and multiple markets.

PRICING, FEES, AND PAYMENT TERMS

(a) The Customer acknowledges that all prices for goods and services displayed on the App are set solely by the Sellers or Service Providers and are inclusive of all applicable taxes, which remain the sole responsibility of the Seller or Service Provider to remit to the relevant authorities. The Customer agrees that the price of an identical product or service may vary between different market areas and between different Sellers or Service Providers within the same market area.

(b) By placing an Order, the Customer irrevocably agrees to pay the following amounts in full:

(i) the total listed purchase price for all goods or services procured, calculated before the application of any promotional deductions;

(ii) a Service Charge calculated in Kshs. as follows, which charge is applied before any promotional deductions are made; –

Amount – Service Charge

0-1000 – 10

1001-2000 – 20

2001 – 3000 – 30

3001 – 4000 – 40

4001 – Above – 50

(iii) a Delivery Fee, calculated as a base charge of Kenya Shillings Sixty Five (Kshs 65) for a distance of up to one point eight (1.8) kilometers, and an additional Kenya Shillings Thirty Five (Kshs 35) for every kilometer travelled beyond the initial one point eight (1.8) kilometer radius, with the total distance and fee being calculated at the point of order placement using Google location services; and

(iv) any and all transaction costs levied by the Customer’s chosen payment provider.

(c) The Customer hereby authorizes Soal to facilitate the payment for the total amount due through the integrated payment channels. Refunds, where applicable, shall be processed to the original M-Pesa or Account Number used for the transaction.

ADVERTISING PLATFORM FOR SERVICES

(a) The App provides an advertising platform for service providers to list their services to Customers.

(b) Customers may access contact information of service providers through the App and may call them directly at no cost through the App’s integrated communication features.

(c) Soal facilitates the connection between Customers and Service Providers but does not guarantee the quality, outcome, or completion of any services arranged through the App.

DELIVERY TERMS AND LOGISTICS

(a) Soal provides an estimated target delivery time; however, the Customer acknowledges and agrees that this is an estimate only and not a guaranteed time frame. Soal shall not be liable for any delays occasioned by traffic, weather, or other extenuating circumstances.

(b) The Customer may track the status and location of their Order in real-time using the ‘Trackit’ feature within the App. The Customer may also contact the assigned Rider for the sole purpose of facilitating delivery via the phone number displayed within the ‘Trackit’ feature during the active delivery window. This access is temporary and is revoked upon completion or cancellation of the delivery.

(c) The Customer warrants that they will be available at the provided delivery address to receive the Order. In the event of the Customer’s unavailability, the Rider shall return the goods to the Seller or Service Provider, and the Customer may be liable for the cost of the goods and associated delivery fees.

PRODUCT AND SERVICE RETURNS AND REFUNDS

The Customer’s right to return goods or services and receive a refund is governed exclusively by Soal’s standalone Refund Policy, which is incorporated into these Terms by reference. The Customer may reject products at the point of delivery if they are visibly damaged, incorrect, or do not conform to the description provided on the App. For services, refunds shall be governed by the specific terms agreed between the Customer and the Service Provider.

PART C: ADDITIONAL TERMS FOR SELLERS AND SERVICE PROVIDERS

SELLER AND SERVICE PROVIDER STATUS AND OBLIGATIONS

(a) A Seller or Service Provider is an independent business that has entered into a separate Seller Partnership Agreement with Soal. The terms of that specific agreement govern the Seller’s or Service Provider’s relationship with Soal, including all provisions related to payments, fees, technology obligations, marketing support, and termination. In the event of any conflict between these Terms and the Seller Partnership Agreement, the Seller Partnership Agreement shall prevail.

(b) By registering as a Seller or Service Provider on the SoQoni App, the Seller or Service Provider acknowledges that they have read, understood, and agreed to the terms of the Seller Partnership Agreement, including all obligations set forth therein.

(c) All Sellers and Service Providers must download the Seller Partnership Agreement from the SoQoni website, sign it, and send the signed copy to info@soqoni.co.ke and cc applications.sokoni@gmail.com before the relationship with Soal is finalized.

TECHNOLOGY OBLIGATIONS

(a) The Seller or Service Provider must download the SoQoni Seller App on at least one (1) smartphone—and preferably more—to ensure they never miss an order. The Seller App is the primary tool for receiving orders, updating prices, and managing the Seller’s store.

(b) During the Seller’s stated business hours, the Seller App must remain active and logged in to receive order notifications. An inactive App may result in missed orders and negatively impact Customer experience.

(c) The Seller or Service Provider must accurately fill in their opening time, closing time, and working days of the week. This information guides Customer expectations and order assignments.

(d) If the Seller or Service Provider needs to close temporarily—for a holiday, emergency, or any other reason—they must update their working hours with Soal or mark themselves offline in the App. Customers should not be able to order when the Seller or Service Provider cannot fulfill.

(e) The Seller must provide an accurate M-Pesa number to receive payouts. If the number provided is wrong, inactive, or cannot receive payments, any delay or loss of funds is entirely the Seller’s responsibility.

ORDER ACCEPTANCE AND PROCESSING

(a) When an order is received, the Seller must accept or reject it within ninety (90) seconds. Quick acceptance is essential to Customer satisfaction.

(b) Once an order is accepted, the Seller must prepare it promptly. The Customer tracks the Seller’s speed through the ‘Trackit’ feature, which measures:

(i) Time from ‘Pending’ to ‘Confirmed’ (acceptance speed); and

(ii) Time from ‘Confirmed’ to ‘On the Way’ (packing or service readiness speed).

(c) Customers rate Sellers on Speed and Quality. Higher-rated Sellers and Service Providers receive priority in order assignments through the Proximity Matching Algorithm.

PRODUCT AND SERVICE LISTINGS AND PRICING

(a) The Seller or Service Provider may list products or services for sale, subject to Soal’s exclusive right to approve or disapprove any product or service at its sole discretion and without reference to the Seller or Service Provider.

(b) The prices displayed on the App must match the Seller’s in-store or in-person prices exactly. The Seller is solely responsible for updating prices whenever they change. If a Customer orders at an outdated lower price, the Seller must cover the difference.

PAYMENTS AND FEES

(a) Sellers and Service Providers on the platform will not be charged platform fees until further notice. Soal shall provide notice of any future fee structure in advance.

(b) Payments shall be made per transaction to both Sellers and Riders. Money shall be paid once delivery is complete and confirmed.

(d) If refunds are issued due to the Seller’s error (damaged or incorrect goods, or unsatisfactory services), the amount shall be recovered from the Seller’s payouts.

(e) If items are lost during delivery and the Seller is clearly shown to have had no negligence, Soal shall cover the cost of the lost items.

PACKAGING AND DELIVERY MATERIALS

(a) The Seller or Service Provider is responsible for providing basic packaging for their products.

(b) Soal may, at its sole discretion, provide branded bags or baskets to the Seller or Service Provider. If provided:

(i) The bags or baskets shall be used only for SoQoni deliveries;

(ii) The Seller or Service Provider must keep them clean and in good condition;

(iii) The Seller or Service Provider must report any damage immediately; and

(iv) Riders shall return bags or baskets to the Seller or Service Provider after each delivery.

MARKETING AND PROMOTIONS

(a) Soal invests in digital and physical marketing campaigns across every town it launches. The Seller’s or Service Provider’s offerings benefit from these campaigns.

(b) The Seller’s or Service Provider’s listing is featured in the App, providing free, permanent advertising to every Customer in their market.

(i) Following Soal’s social media platforms actively;

(ii) Helping distribute advertising bills, posters, and promotional materials through their stores;

(iii) Being available for advertising videos, audio recordings, and other promotional content to promote the App;

(iv) Displaying SoQoni promotional materials prominently in their store or premises;

(v) Participating in marketing exercises such as interviews, testimonials, or featured spotlights when requested;

(vi) Sharing SoQoni content on their personal or business social media pages;

(vii) Speaking positively about SoQoni to their customers and encouraging them to download and use the App; and

(viii) Notifying Soal of any community events where SoQoni could participate or sponsor.

(d) Soal’s video/photography team may visit to take product photos. The Seller or Service Provider must welcome and support them, as these images are marketing tools that enhance the Seller’s or Service Provider’s online presence.

(e) The Seller may create special offers on the App to attract more customers. Soal’s trainers will provide technical skills to assist with this.

TRAINING AND SUPPORT

Soal shall provide trainers to assist Sellers with:

(a) Uploading product prices and service rates for the first time;

(b) Learning to update prices and rates independently;

(d) Understanding how to manage App settings, including working hours.

RESPONSIBILITY TO READ AND UNDERSTAND

The Seller or Service Provider is responsible for reading and understanding the full SoQoni App Terms and Conditions, Privacy Policy, Refund Policy, and the Seller Partnership Agreement. These documents contain important information about the Seller’s or Service Provider’s rights and obligations. If the Seller or Service Provider does not understand any part, they must seek clarification from Soal before proceeding.

AGENT CODES AND RECRUITMENT

(a) Sellers and Service Providers may be assigned Agent codes by Soal to become Agents for the purpose of recruiting new Customers.

(b) The terms, conditions, and rates of compensation for recruitment activities shall be described upon issuance of the Agent code.

REMOVAL OF SELLER OR SERVICE PROVIDER

Soal may remove a Seller or Service Provider from the App if they:

(a) Repeatedly sell low-quality or damaged goods, or provide unsatisfactory services;

(b) Consistently overprice items or services;

(d) Refuse to cooperate with reasonable marketing requests;

(e) Fail to comply with the contract signing and submission requirements under Section 14(c); or

(f) Otherwise violate these Terms or the Seller Partnership Agreement after warnings.

PART D: ADDITIONAL TERMS FOR RIDERS

INDEPENDENT CONTRACTOR STATUS AND REQUIREMENTS

(a) It is expressly understood and agreed by both parties that the Rider is an independent contractor engaged by Soal on a casual, order-by-order basis. Nothing in these Terms shall be construed to create an employment, agency, partnership, or joint venture relationship between the Rider and Soal. The Rider is solely responsible for their own taxes, insurance, and statutory deductions.

(b) The Rider represents and warrants that they possess and will maintain throughout the term of their engagement a valid motorcycle riding license, a valid insurance policy, and all other permits required by law to operate a delivery service within the Republic of Kenya. The Rider must provide their full name, National ID number, and valid riding license number during registration.

(c) The Rider must activate the “Available” mode within the App to receive delivery assignments, maintain accurate location services, and must accept or reject any assigned Order within ninety (90) seconds of its notification.

DELIVERY OPERATIONS AND DATA PRIVACY

(a) The Rider shall undertake one (1) Order per delivery trip and shall not combine Orders from different transactions. A single Order may, however, require pickups from multiple Sellers within the same market area or across different markets.

(b) The Rider will be granted temporary access to the Customer’s precise delivery address and contact phone number strictly for the duration of the active delivery assignment and solely for the purpose of fulfilling said delivery. Upon confirmation of delivery completion or cancellation of the assignment, the Rider’s access to this confidential information shall be permanently revoked within the App.

(c) The Rider agrees to handle all goods with a high standard of care. The Rider shall be financially liable and surcharged for the full retail value of any goods that are lost or damaged due to their proven negligence, mishandling, or failure to exercise reasonable care during the delivery process.

RIDER EARNINGS AND PERFORMANCE MANAGEMENT

(a) Soal shall pay the Rider for delivery services rendered as follows: a base payment of Kenya Shillings Fifty (Kshs 50) for any delivery ride covering a distance of up to one point eight (1.8) kilometers, and an additional payment of Kenya Shillings Twenty-Seven Point Five (Kshs 27.5) for every kilometer travelled beyond the initial one point eight (1.8) kilometer radius per trip.

(b) By way of illustration, a delivery of six (6) kilometers shall be calculated as follows:

(i) Base fee for first 1.8 kilometers: Kshs 50

(ii) Additional 4.2 kilometers at Kshs 27.5 per kilometer: Kshs 115.5

(iii) Total Rider earnings for the delivery: Kshs 165.5

(d) The Rider’s final payout shall include, and therefore automatically deduct, the value of any surcharges levied against the Rider during the course of the week for lost or damaged goods or other penalties as stipulated in these Terms.

(e) The Rider’s service is subject to a star-rating system based on Customer feedback. A Rider who consistently receives an average rating below two (2) stars, or who frequently declines assignments, cancels accepted orders, or otherwise fails to meet the service standards set forth in these Terms, may be subject to penalties, temporary suspension, or permanent removal from the App at the sole discretion of Soal.

RIDER LIABILITY AND INSURANCE

The Rider, as an independent contractor, is personally and solely liable for any and all accidents, incidents, traffic violations, personal injuries, or property damage that occur while they are operating their vehicle, whether before, during, or after the completion of a delivery assignment. The Rider acknowledges and agrees that Soal assumes no liability whatsoever for the Rider’s actions, omissions, or the condition and roadworthiness of their vehicle.

PART E: FINAL PROVISIONS

TERMINATION

(a) Either party may terminate this agreement in accordance with the notice provisions set forth in any specific agreement between them, such as the Seller Partnership Agreement.

(b) Soal may terminate or suspend any User’s access to the Services immediately without prior notice or liability for any reason, including without limitation if the User breaches these Terms.

GOVERNING LAW AND DISPUTE RESOLUTION

(a) This Agreement shall be governed by, construed, and enforced in accordance with the substantive laws of the Republic of Kenya, without regard to its conflict of law principles.

(b) Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled first through amicable negotiations between the parties. Should such negotiations fail, the parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts of the Republic of Kenya.

CONTACT INFORMATION

Any notices, queries, or complaints regarding these Terms or the Services should be directed to:

Sokoni Applications Ltd (Soal)

Kitengela, Red Heron Mall, Room 19D

Email: applications.sokoni@gmail.com; info@soqoni.co.ke
Phone: 0748237799
Website: www.soqoni.co.ke
Social Media: @soqoniapp1

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