Terms of Service

Version v1_2026-05-15 · Last updated 15 May 2026

Draft pending Kenyan legal review. These Terms are in effect for the pilot launch in Meru and Kirinyaga counties. The text will be re-versioned (and you will be asked to re-accept) once it has been reviewed by Kenyan legal counsel and Panda has been registered with the Office of the Data Protection Commissioner.

1. Who we are

Panda is a horticulture planning and logging tool operated by Upstate Web Co. ("we", "us"), through its product sister-brand Shira, which is incorporating a Kenyan operating entity to publish Panda. Until that entity is registered, Upstate Web Co. is the data controller for the purposes of the Kenya Data Protection Act 2019 ("DPA 2019"). These Terms govern your use of Panda (the website at panda.shira.farm, the mobile-web app at app.panda.shira.farm, the API at api.panda.shira.farm, and any associated channels such as SMS and email).

2. What Panda is — and is not

Panda is a record-keeping, planning, and informational tool for smallholder horticulture farmers. It is not a substitute for professional agronomy advice, a licensed agro-dealer's product guidance, a veterinarian, or a financial / tax adviser. The disease detection feature returns photo-based estimates; any treatment recommendation must be verified against KEPHIS and PCPB registration, withholding periods, and dosage guidance with a licensed dealer before application. Market prices are aggregated from public sources (NAFIS, county boards) and may be 1–3 days delayed; verify the price with the buyer before transacting.

3. Eligibility & accounts

You must be at least 18 years old and the legal operator of the farm you are recording. Each account belongs to one farm tenant; you may invite collaborators in future releases. You are responsible for keeping your password secret and for activity that occurs under your account. Notify us at security@shira.farm if you suspect unauthorised access.

4. Acceptable use

You agree not to:

5. Payments

Panda is free during the Meru & Kirinyaga pilot. Future paid tiers will be denominated in Kenyan Shillings (KES) and may be billed via M-Pesa (Safaricom Daraja). Mobile-money charges are governed by your mobile operator's terms; Panda is not responsible for transaction delays, failures, or fees imposed by Safaricom or your network.

6. Disease detection & advisory features

Photo-based crop diagnoses are informational only, generated by a machine-learning model or a rules engine. They are not a diagnosis by a qualified agronomist and may be incorrect. You must verify any recommendation with a licensed extension officer or agro-dealer before applying any pesticide or making any treatment decision. You assume the risk of acting on any recommendation. Panda's total liability for any loss arising from advisory output is capped as set out in clause 9 below.

7. Data, content, and ownership

You retain ownership of the data and photographs you upload. By using Panda you grant us a non-exclusive, royalty-free licence to host, process, and display that data for the purpose of operating the service. If, and only if, you opt in to disease-photo training (a separate checkbox at upload time), you additionally grant us the right to use those photographs to improve the diagnostic model. You may withdraw the opt-in at any time from your account settings; previously-trained models cannot be un-trained but the photographs will be excluded from future training runs and your originals deleted within 30 days of the request.

8. Service availability

Panda is provided "as is". We aim for high availability but do not guarantee uninterrupted service. We may suspend or modify features at any time; significant changes will be communicated in advance where practicable. The PWA is designed to continue working offline for logging, with sync resuming when connectivity returns.

9. Limitation of liability

To the maximum extent permitted by the Consumer Protection Act 2012 (Kenya), our total aggregate liability to you for any claim arising out of or relating to the use of Panda is limited to the greater of: (a) the fees you have paid us in the twelve months preceding the claim; or (b) KES 5,000. We are not liable for indirect, consequential, or punitive loss including loss of crops, loss of revenue, or loss of buyer relationships. Nothing in these Terms limits liability that cannot be limited under Kenyan law.

10. Termination

You may close your account at any time by writing to support@shira.farm. We may suspend or terminate your access if you breach these Terms; we will give you a reasonable opportunity to remedy a breach where the breach is capable of remedy. On termination we will retain financial records for the period required by the Income Tax Act §23 (currently five years) and otherwise delete your personal data within 30 days, subject to the retention exceptions in our Privacy Policy.

11. Governing law & disputes

These Terms are governed by the laws of the Republic of Kenya. The parties shall first attempt to resolve any dispute by mediation in Nairobi under the Mediation (Pilot Project) Rules 2015. If mediation fails, the courts of Kenya have exclusive jurisdiction. Nothing in this clause limits any non-waivable consumer rights you have under the Consumer Protection Act 2012.

12. Changes to these Terms

We may update these Terms when the law changes, when we add features, or when our practices change. The version above is canonical; the application will prompt you to re-accept the updated Terms before continuing if the version changes. You can review prior versions on request to support@shira.farm.

13. Contact