Terms of Service

The onenakfa service is operated by:

Email: hello@onenakfa.com

In these Terms, “onenakfa,” “we,” “us,” “our,” and “Service Provider” refer to Mustafa NOORHUSSIN as the individual operating the Service under the onenakfa brand.

onenakfa is a product and trading brand. It is not currently a separately incorporated legal entity.

onenakfa is a software-as-a-service platform designed to help community associations, diaspora organizations, cultural organizations, religious organizations, student groups, federations, clubs, mutual-aid groups, and similar organizations manage activities such as:

• Member and household records
• Branches and organizational roles
• Membership dues
• Cash, card, and bank-transfer payment records
• Receipts
• Events and event tickets
• Attendance and QR-code check-in
• Email and other communications
• Reports and exports
• Committee elections and voting
• Arabic, Tigrinya, and English interfaces

The features available to a Customer may depend on its plan, location, payment-provider availability, technical configuration, and applicable law.

We may improve, modify, add, remove, replace, or discontinue features as described in these Terms.

For these Terms:

“Customer”means the association, organization, federation, group, or other body that creates or operates an organization account on onenakfa. Where an organization cannot legally contract in its own name, “Customer” also includes the individual or individuals accepting these Terms and operating the account on its behalf, to the extent necessary to enforce payment and compliance obligations.

“Authorized Representative” means a person who accepts these Terms or purchases a subscription on behalf of a Customer.

“Authorized User” means an administrator, treasurer, member, volunteer, organizer, or other person whom a Customer permits to access its organization account.

“Member” means a person recorded as a member or household member of a Customer.

“Guest” means a person who uses a public event page, registers for an event, claims or purchases a ticket, or otherwise uses a public feature without being an Authorized User.

“Customer Data” means information submitted to, stored in, or generated through the Service on behalf of a Customer, including member records, payments, receipts, events, tickets, attendance, messages, roles, and election records.

“Service” means the onenakfa websites, applications, documentation, interfaces, infrastructure, and related services available through onenakfa.com, app.onenakfa.com, and any successor address.

“Subscription” means a paid plan purchased by a Customer for access to the Service.

By creating an account, accepting an invitation, purchasing a Subscription, or using the Service, you agree to these Terms.

If you accept these Terms for a Customer, you represent and warrant that:

1. You have authority to act for and bind the Customer.
2. The Customer has authorized you to create or operate its account.
3. The information you submit is accurate.
4. The Customer agrees to comply with these Terms.

If you do not have that authority, you must not create an organization account, purchase a Subscription, or accept these Terms on the organization’s behalf.

Paid Subscriptions are intended for organizations acting for purposes connected with their organizational, professional, charitable, cultural, religious, or community activities. They are not intended to be purchased by individuals for private consumer use.

Members and Guests may use the limited features made available to them. Sections that logically apply to end users — including acceptable use, account security, intellectual property, disclaimers, and applicable law — also apply to Members and Guests.

You must be legally capable of entering into a binding agreement to create an administrator or treasurer account.

You must provide complete and accurate account information and keep it updated.

You are responsible for:

• Keeping passwords and authentication credentials confidential
• Using unique and secure passwords
• Protecting administrator and treasurer accounts
• Restricting access to authorized people
• Promptly removing access when a person leaves the organization or changes roles
• Reviewing roles and permissions regularly
• Notifying us promptly if an account may have been compromised

Accounts are personal to the individual user. Users must not share administrator or treasurer credentials.

We will never ask you to disclose your password to support staff.

A single individual account may be associated with more than one Customer. Roles and permissions are assigned independently for each Customer.

We may require identity, authority, security, or payment verification before allowing access to sensitive functions.

The Service is not directed at children who independently administer organizations.

A Customer may record a minor as a Member or household member only when the Customer has a valid legal basis and has obtained any parental or guardian authorization required by applicable law.

The Customer is responsible for:

• Determining whether information about minors may lawfully be collected
• Providing legally required notices
• Obtaining legally required consent
• Limiting the collected information to what is necessary
• Responding to requests concerning a minor's data

A minor must not be given an administrator or treasurer role unless permitted by applicable law and approved by the Customer.

The Customer controls and is responsible for the administration of its organization account.

The Customer is responsible for:

• The accuracy and lawfulness of Customer Data
• Determining who qualifies as a Member
• Assigning and removing user roles
• Setting membership dues and membership rules
• Recording cash and bank-transfer payments accurately
• Setting ticket prices and event conditions
• Issuing refunds where required
• Managing its Stripe account
• Complying with its statutes, bylaws, internal rules, and resolutions
• Complying with accounting, tax, consumer, fundraising, election, employment, sanctions, and data-protection laws
• Giving Members and Guests appropriate privacy information
• Ensuring that messages are sent only to lawful recipients
• Exporting and retaining records the Customer is legally required to keep

The Customer must ensure that its Authorized Users comply with these Terms. The Customer is responsible for actions performed through its organization account except to the extent directly caused by our breach of these Terms.

onenakfa provides administrative software and technical infrastructure.

We are not:

• The Customer or a member of the Customer
• An officer, director, committee member, treasurer, accountant, auditor, lawyer, election officer, fiduciary, or agent of the Customer
• The organizer or promoter of the Customer's events
• The seller of the Customer's tickets
• A bank or financial adviser
• A tax, accounting, legal, or regulatory adviser
• A guarantor that a Customer is legally constituted
• A guarantor that a payment recorded as cash or bank transfer was actually received
• A guarantor that an election complies with the Customer's statutes or applicable law

The Customer must obtain professional advice when it needs legal, accounting, tax, financial, regulatory, election, or data-protection guidance.

Reports, receipts, exports, financial summaries, and election results generated through the Service are administrative records based on information submitted to the Service. They are not independently audited or certified by onenakfa.

Customers may create public event pages and permit Guests to register for or purchase tickets without creating an onenakfa account.

The Customer is responsible for ensuring that public-event content is accurate and lawful.

The Customer must not publish:

• Misleading event information
• Events that are unlawful
• Content that infringes third-party rights
• Fraudulent fundraising
• Dangerous or prohibited activities
• Discriminatory admission terms that violate applicable law

onenakfa may remove or restrict an event page if we reasonably believe it violates these Terms, applicable law, payment-provider rules, or the rights or safety of others.

We are not responsible for:

• Whether an event takes place
• Changes to the date, time, location, speakers, or program
• Entry refusal by the organizer
• Physical safety at an event
• Losses caused by event cancellation
• Travel or accommodation expenses
• Goods or services provided at an event

The Service may provide tools for committee elections, candidate management, voter eligibility, ballot submission, counting, and results.

These tools are administrative tools only.

The Customer is solely responsible for:

• Determining whether electronic voting is permitted
• Complying with its statutes, bylaws, election rules, and applicable law
• Determining voter eligibility
• Approving candidates
• Setting voting periods
• Choosing whether provisional results are visible during voting
• Addressing ties, disputes, recounts, and challenges
• Preserving legally required election records
• Communicating election rules to Members
• Confirming and adopting final results

Although we design the Service to separate ballot choices from ordinary member records where specified, no electronic system can be guaranteed to be perfectly anonymous, uninterrupted, or immune from every technical or security risk.

The Customer must not describe the Service as independently certifying an election unless a separate written certification service has been expressly agreed.

Customers may use the Service to send email or other communications to Members, Guests, and other recipients.

The Customer is responsible for:

• Having a lawful basis to contact each recipient
• Providing legally required information
• Honoring opt-outs and objections
• Maintaining accurate recipient lists
• Avoiding spam and deceptive messages
• Complying with anti-spam, telecommunications, marketing, and data-protection laws
• Ensuring the message content is lawful
• Avoiding misleading sender identities

The Customer must not use the Service to send purchased, scraped, harvested, or unlawfully obtained contact lists.

We do not guarantee delivery of any message. Messages may be delayed, rejected, filtered, bounced, rate-limited, or blocked by email providers, telecommunications providers, or recipients.

We may suspend messaging features to protect deliverability, infrastructure, recipients, or the reputation of the Service.

You must not use the Service to:

1. Violate any applicable law or regulation.
2. Infringe another person's privacy, intellectual property, confidentiality, contractual, or other rights.
3. Commit fraud, deceptive fundraising, phishing, identity theft, or payment abuse.
4. Finance or facilitate terrorism, sanctions evasion, money laundering, or prohibited organizations.
5. Harass, threaten, stalk, exploit, or unlawfully discriminate against another person.
6. Upload malware or malicious code.
7. Attempt to bypass authentication, roles, payment controls, member limits, rate limits, or security controls.
8. Access or attempt to access another Customer's data.
9. Probe, scan, test, or exploit vulnerabilities without prior written permission.
10. Interfere with the Service or impose unreasonable technical load.
11. Reverse-engineer, decompile, copy, scrape, frame, mirror, resell, sublicense, or commercially exploit the Service except where mandatory law permits it.
12. Use automated systems to extract data without written authorization.
13. Impersonate another person or organization.
14. Manipulate elections, create false voters, cast unauthorized votes, or falsify results.
15. Record payments that you know are false or misleading.
16. Send spam or unlawful communications.
17. Upload personal data without a valid legal basis or authority.
18. Upload unnecessary sensitive personal data.
19. Misrepresent onenakfa as the organizer, payment recipient, auditor, legal adviser, regulator, or certifier of the Customer.
20. Use the Service in a way that risks harm to Members, Guests, other Customers, infrastructure providers, or the reputation of the Service.

We may investigate suspected violations and cooperate with lawful requests from authorities.

This Section 17 forms a data processing agreement between the Customer as controller and the Service Provider as processor.

It applies where Swiss data-protection law, the GDPR, UK GDPR, or another applicable law requires controller-processor terms.

Each party may receive confidential information from the other.

Confidential information includes non-public technical, financial, organizational, member, security, pricing, and business information.

The receiving party will:

• Use confidential information only for the agreement
• Protect it using reasonable care
• Disclose it only to people and providers who need it and are bound by confidentiality
• Not disclose it to third parties except as permitted by these Terms or required by law

Confidentiality obligations do not apply to information that:

• Is publicly available without breach
• Was already lawfully known
• Is independently developed
• Is lawfully received from another source
• Must be disclosed by law or binding authority

Where legally permitted, the receiving party will give reasonable notice before compelled disclosure.

The Service depends on third-party providers.

These may include:

• Stripe
• Hosting providers
• Database and storage providers
• Transactional email providers
• Google sign-in
• DNS and network-security providers
• Telecommunications providers

Some third-party features require the Customer or user to accept separate third-party terms.

We are not responsible for a disruption caused solely by a third-party provider outside our reasonable control.

However, nothing in this Section removes our obligations concerning processors and subprocessors under Section 17 or applicable law.

We may replace a provider, change infrastructure, or discontinue an integration when reasonably necessary for security, compliance, performance, cost, or product development.

We will use reasonable efforts to operate and support the Service.

Unless a separate written service-level agreement states otherwise:

• No guaranteed uptime applies
• Support is provided on a reasonable-efforts basis
• No guaranteed response or resolution time applies
• Maintenance may occur without advance notice in urgent cases
• Features may occasionally be unavailable

We may perform maintenance, security work, migrations, updates, or infrastructure changes.

Where practical, we will provide advance notice of significant planned disruption.

The Customer should maintain its own exports of records that are particularly important to its legal, accounting, or operational obligations.

We may temporarily restrict or suspend an account, organization, public page, payment integration, event, election, or messaging feature if we reasonably believe:

• These Terms have been materially breached
• Fees are overdue
• The account creates a security risk
• The account is compromised
• The activity is unlawful or fraudulent
• Continued use could harm users, third parties, providers, or the Service
• A payment, hosting, email, or infrastructure provider requires the restriction
• A competent authority requires it
• The Customer has exceeded technical or plan limits
• Immediate action is necessary to prevent ongoing harm

Where reasonable, we will notify the Customer and provide an opportunity to correct the problem.

We may act without prior notice in urgent security, legal, fraud, abuse, or safety situations.

Suspension does not automatically terminate payment obligations for an active Subscription.

We may modify the Service to:

• Improve functionality
• Add or remove features
• Address security issues
• Comply with law
• Replace providers
• Improve performance
• Prevent abuse
• Reflect product development

We will not intentionally remove the essential value of a paid Subscription during a paid billing period without providing a reasonable alternative, credit, cancellation right, or other appropriate remedy.

We may discontinue the Service by providing reasonable advance notice where practicable.

To the fullest extent permitted by law, the Service is provided “as is” and “as available.”

We do not warrant that:

• The Service will always be available
• The Service will be uninterrupted or error-free
• Every defect will be corrected
• Every message will be delivered
• Every payment will succeed
• Every record will be accurate
• Every event or election will proceed as planned
• The Service will satisfy every legal, accounting, tax, regulatory, or organizational requirement
• The Service will be compatible with every device, provider, country, or integration
• The Service will be immune from every security incident

The Customer is responsible for reviewing important records, maintaining internal controls, and exporting information it must retain.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

To the fullest extent permitted by law:

1. We are not liable for indirect, incidental, special, exemplary, punitive, or consequential damages.
2. We are not liable for lost profits, lost revenue, lost opportunity, reputational loss, lost donations, lost membership fees, lost ticket sales, or loss of anticipated savings.
3. We are not liable for actions or omissions of a Customer, Member, Guest, event organizer, Stripe, or another third party outside our reasonable control.
4. We are not liable for inaccurate Customer Data, cash records, bank-transfer records, membership decisions, election decisions, event cancellations, or refund decisions made by the Customer.
5. We are not liable for data loss caused by the Customer, its users, unauthorized credential sharing, or third-party integrations.

Our total aggregate liability arising from or relating to the Service, these Terms, or a Subscription will not exceed the greater of:

• The Subscription fees paid by the affected Customer to us during the 12 months immediately before the event giving rise to the claim; or
• CHF 100.

This cap applies in aggregate to all claims, regardless of the legal basis of the claim.

Nothing in these Terms excludes or limits liability to the extent it cannot lawfully be excluded or limited, including liability for intentional misconduct or gross negligence.

To the extent permitted by law, the Customer will defend, indemnify, and hold the Service Provider harmless against third-party claims, damages, penalties, costs, and reasonable legal fees arising from:

• Customer Data
• The Customer's events
• The Customer's membership rules
• Membership dues, donations, or ticket sales
• Refunds, taxes, chargebacks, or payment disputes
• Messages sent by the Customer
• The Customer's election administration
• The Customer's infringement of third-party rights
• The Customer's unlawful processing of personal data
• The Customer's breach of Stripe or third-party terms
• The Customer's breach of these Terms
• Fraudulent, unlawful, or misleading activity by the Customer or its Authorized Users

This obligation does not apply to the extent a claim is caused by our intentional misconduct, gross negligence, or infringement committed independently of Customer Data or Customer instructions.

We will:

• Notify the Customer reasonably promptly of a covered claim
• Allow the Customer reasonable control of the defence
• Provide reasonable cooperation at the Customer's expense

The Customer may not settle a claim in a way that admits fault by us, imposes obligations on us, or affects our rights without our written consent.

Neither party is liable for delay or failure caused by circumstances outside its reasonable control, including:

• Natural disasters
• War
• Civil unrest
• Government action
• Internet or telecommunications failure
• Power failure
• Cyberattacks
• Provider outages
• Labour disputes
• Epidemics
• Fire
• Flood
• Changes in law
• Payment-network disruption

This Section does not excuse payment obligations for Service already provided.

We may update these Terms.

For a material change, we will normally give organization administrators at least 30 days’ notice by email or in-app notification.

A shorter notice period may apply where a change is required urgently for:

• Law or regulation
• Security
• Fraud prevention
• Abuse prevention
• Third-party provider requirements

If a change materially and adversely affects a paid Customer, the Customer may cancel before the change takes effect.

Continued use after the effective date constitutes acceptance of the revised Terms.

We may retain previous versions and evidence showing which version a Customer accepted.

Our Privacy Policy explains how we process personal data when acting as controller and provides transparency concerning providers, transfers, cookies, retention, security, and individual rights.

The Privacy Policy is incorporated into these Terms for transparency, but it does not replace the controller-processor obligations in Section 17.

If there is a conflict concerning processing performed on the Customer’s behalf, Section 17 takes priority.

These Terms are governed by the substantive laws of Switzerland, excluding conflict-of-law principles and the United Nations Convention on Contracts for the International Sale of Goods.

Before beginning formal proceedings, the parties will attempt in good faith to resolve the dispute by contacting hello@onenakfa.com.

Unless urgent relief is required, each party should allow at least 30 days for an amicable resolution.

Subject to mandatory legal jurisdictions, the courts having jurisdiction at the Service Provider’s domicile in the Canton of Vaud, Switzerland, will have exclusive jurisdiction.

Nothing in this Section removes a mandatory right or jurisdiction that cannot legally be waived.

We may send operational or legal notices to:

• The email address associated with an account
• Organization administrators
• The Customer's billing contact
• The Service interface

The Customer must keep its contact information current.

Legal notices to us must be sent to:

Email: hello@onenakfa.com

Email notice is considered received when successfully delivered without an automated failure message, subject to proof to the contrary.

The Customer may not transfer these Terms, its Subscription, or its organization account without our prior written consent.

We may transfer these Terms and the operation of the Service to:

• A company formed to operate onenakfa
• A successor business
• An acquirer of the Service or substantially all related assets
• An affiliated entity under common control

We will notify Customers of a transfer where reasonably required.

A transfer will not reduce applicable data-protection rights.

The parties are independent contractors.

These Terms do not create:

• A partnership
• Joint venture
• Employment relationship
• Agency
• Fiduciary relationship
• Franchise

The Customer cannot bind the Service Provider, and the Service Provider cannot bind the Customer, except where expressly agreed in writing.

Except where mandatory law provides otherwise, these Terms do not give contractual enforcement rights to a person who is not a party to the applicable agreement.

Members and Guests may have independent statutory rights and may have separate rights against the Customer, Stripe, or another provider.

These Terms, any accepted order or checkout confirmation, the applicable data-processing terms, and policies expressly incorporated by reference form the entire agreement concerning the Service.

If documents conflict, the following order applies:

1. A signed written agreement or order form
2. Section 17 for controller-processor matters
3. These Terms
4. Policies incorporated by reference

The Privacy Policy remains the controlling description of processing where it does not conflict with Section 17.

If a provision is invalid, illegal, or unenforceable, it will be modified only to the minimum extent necessary to make it enforceable.

If modification is not possible, the affected provision will be removed without affecting the remaining provisions.

Failure or delay in enforcing a right does not waive that right.

A waiver is effective only if made in writing by the party granting it.

These Terms may be made available in English, Arabic, Tigrinya, or other languages.

The translations are provided for accessibility.

Unless mandatory law requires otherwise, the English version controls if there is a conflict or material difference between language versions.

For legal, contractual, billing, privacy, security, or support questions, contact:

Email: hello@onenakfa.com