Proximal Innovation Terms and Conditions

Effective: 13th October 2026

Welcome to Proximal Innovation Ltd ("Proximal Innovation", "we", "us"), a software company registered in Kenya. By accessing our website or services, you agree to these Terms. If you disagree, please discontinue use immediately.

1. Services

Proximal Innovation provides:

  • Custom software development
  • Web development
  • Mobile app development
  • eCommerce web design
  • Digital marketing
  • Payment integration
  • WhatsApp chatbots and AI agents
  • Hosted business systems (CRM and billing, ERP, HR and payroll, clinic management, power and water metering)

The scope, price, timelines and ownership of deliverables for each project are set out in a written proposal or agreement. Where that agreement differs from these Terms, the agreement applies.

Disclaimer: Except as set out in a written agreement, our website and services are provided "as is", without warranties of any kind, to the extent permitted by law.

Payments and messaging integrations

  • Payments. Payment integrations connect a client's system to licensed payment providers such as Safaricom M-Pesa. Payments are processed by the provider and settled directly into the client's own paybill, till or bank account. Proximal Innovation does not hold, transfer or take custody of customer funds. Transaction results we report are those returned by the provider.
  • WhatsApp and messaging. Clients who use our WhatsApp chatbots or messaging features do so through their own WhatsApp Business account and must obtain their customers' opt-in, honour opt-out requests and comply with the WhatsApp Business Messaging Policy and applicable law. We do not provide bulk or unsolicited messaging, and we may suspend messaging features that are used in breach of these rules.
  • Acceptable use. Our services must not be used for fraud, spam, illegal goods or services, or any activity prohibited by Kenyan law or by the policies of the payment and messaging providers we integrate with.

2. Privacy and Data

Our Privacy Policy governs data collection. By using our services, you consent to:

  • i Processing as described in our policy
  • i Use of cookies for functionality and analytics

3. Intellectual Property

You May

  • Use deliverables per agreed license
  • Request source code access (where applicable)

You May Not

  • Reverse-engineer our software
  • Reuse work products without authorization

4. Limitations of Liability

Proximal Innovation shall not be liable for:

  • Indirect or consequential damages
  • Losses exceeding fees paid in the last 12 months
  • Third-party service disruptions

5. Governing Law

Jurisdiction Kenya
Dispute Resolution Mandatory arbitration in Nairobi

Changes to Terms

We may update these Terms. Continued use after changes constitutes acceptance.

Contact Us

  • Phone: +254 737 403 393
  • Email: info@proximal.co.ke
  • Address: Waiyaki Way, Westlands, Nairobi, Kenya
Schedule a call

We use these details only to respond to your request. See our privacy policy.