Terms and Conditions

Last Updated: March 31, 2025

Welcome to Kutuma Kenya Limited ("we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website, mobile application ("App"), or any other platforms or services that link to or reference these Terms (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue use of our Services immediately.

1. Acceptance of Terms

Eligibility

You represent that you are of legal age to form a binding contract or have obtained parental or guardian consent to use our Services. You further represent that you will comply with these Terms and all applicable local, state, national, and international laws and regulations.

Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we make changes, we will revise the "Last Updated" date at the top of these Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. User Accounts

Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide true, current, and complete information about yourself and to maintain and update it as necessary to keep it true and accurate.

Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials (e.g., username and password) and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.

Termination or Suspension

We reserve the right to suspend or terminate your account at any time for any reason, including, without limitation, if you breach these Terms.

3. License and Access

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services strictly in accordance with these Terms. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services without our express written permission.

4. Prohibited Activities

By using our Services, you agree not to:

  • Use the Services for any unlawful, fraudulent, or malicious purposes.
  • Violate or encourage others to violate any applicable laws or regulations.
  • Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, offensive, or otherwise objectionable.
  • Attempt to gain unauthorized access to any portion of the Services, servers, or networks connected to the Services, whether through hacking, password mining, or any other means.
  • Harvest or collect information about other users, including email addresses, without their consent.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

Failure to comply with the above provisions may result in immediate termination of your right to access or use the Services, without prior notice, and may subject you to legal penalties.

5. User-Generated Content

Ownership

You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By providing User Content, you grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and promoting the Services.

Responsibility

You are solely responsible for your User Content and any consequences arising from its publication. You represent that you have the necessary rights, licenses, and permissions to post your User Content.

Monitoring

We may, at our discretion, monitor and/or remove any User Content we deem inappropriate, offensive, or otherwise in violation of these Terms. However, we have no obligation to do so.

6. Intellectual Property

Our Content

Unless otherwise indicated, all content, trademarks, logos, service marks, and other intellectual property displayed on the Services are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws. You are granted no right or license to use such intellectual property without our prior written consent.

Feedback

Any suggestions, comments, or other feedback you provide about our Services ("Feedback") is entirely voluntary and non-confidential. You agree that we may use and incorporate such Feedback without any obligation to you.

7. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of such sites or services is solely at your own risk.

8. Disclaimers

No Warranty

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantee

We do not guarantee that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We do not guarantee that any data you provide or activities you engage in using the Services are secure.

User Responsibility

You are solely responsible for any damage to your computer or mobile device, or loss of data, that results from the download or use of the Services.

9. Limitation of Liability

To the maximum extent permitted by law, we, our affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of (or inability to use) the Services. In no event shall our liability exceed the amount you have paid to us in the last six (6) months (if any) for the Services.

10. Indemnification

You agree to defend, indemnify, and hold us and our affiliates, directors, officers, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

  • Your use of and access to the Services.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including without limitation any intellectual property or privacy rights.
  • Any claim that your User Content caused damage to a third party.

11. Termination

Termination by You

You may terminate these Terms at any time by ceasing all use of the Services and deleting your account (if applicable).

Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms.

Effect of Termination

Upon termination, your right to use the Services will immediately cease. The provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Kenya. You agree to submit to the personal and exclusive jurisdiction of the courts located in Kenya, and you waive any objection to such jurisdiction or venue.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices or agreements published within the Services, constitute the entire agreement between you and us regarding the Services. They supersede all prior agreements, proposals, or communications in any form.

15. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.

16. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Kutuma Kenya Limited
West One, Parklands
Email: [email protected]
Phone: +254 708 999 555

Disclaimer

By using our Services, you acknowledge that you have read and understood these Terms of Use.