Terms of Use

Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires:

• "Services" means all digital products, services, and platforms provided by MWANGI, including but not limited to:
  • This website (https://mwangi.co.ke)
  • Mobile applications for iOS and Android platforms
  • Games (mobile, web-based, and browser games)
  • Web applications and tools
  • Software as a Service (SaaS) products
  • E-commerce platforms and online stores
  • Subscription-based services
  • Social media accounts and presence
  • APIs, SDKs, and developer tools
  • Any other digital products or services offered now or in the future
• "We," "Us," "Our" means MWANGI and its operators, employees, contractors, and agents.
• "You," "Your," "User" means any individual or entity accessing or using our Services.
• "Content" means all text, graphics, images, code, software, data, information, materials, and other content.
• "User Content" means any Content submitted, uploaded, posted, or transmitted by You through our Services.
• "Kenya DPA" means the Data Protection Act, 2019 (No. 24 of 2019) of Kenya.
• "Intellectual Property" means all patents, trademarks, service marks, trade names, copyrights, trade secrets, know-how, source code, object code, designs, databases, and all other intellectual property rights.

Acceptance of Terms

By accessing, browsing, downloading, installing, registering for, or using any of our Services in any manner, You unconditionally accept and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.

If You do not agree to these Terms in their entirety, You must immediately cease all use of our Services and uninstall any mobile applications or software.

These Terms constitute a legally binding agreement between You and MWANGI. Your continued use of our Services following any changes to these Terms constitutes acceptance of those changes.

Eligibility and User Accounts

3.1 Age Requirements

You must be at least 18 years of age to use our Services. If You are between 13 and 17 years of age, You may only use our Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

Services are NOT intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If You are under 13, do not use our Services.

3.2 Account Registration

Some Services may require You to create an account. When registering, You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update Your account information
• Maintain the security and confidentiality of Your login credentials
• Notify Us immediately of any unauthorized use of Your account
• Accept responsibility for all activities that occur under Your account

You may not create an account using false information, impersonate another person, or create multiple accounts to circumvent restrictions.

3.3 Account Termination

We reserve the right to suspend or terminate Your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, abuse, or any conduct We deem harmful to our Services or other users.

Acceptable Use and Prohibited Conduct

4.1 Permitted Uses

You may use our Services for:

• Personal, non-commercial purposes (unless commercial use is explicitly permitted)
• Commercial purposes where authorized by a separate license or agreement
• Sharing Content from our website with proper attribution
• Providing feedback, bug reports, and suggestions for improvement

4.2 Prohibited Uses

You expressly agree NOT to:

• Violate any applicable local, national, or international law, statute, ordinance, or regulation
• Infringe or violate the Intellectual Property rights of MWANGI or any third party
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software, mobile apps, games, or Services
• Modify, adapt, translate, or create derivative works based on our Services without express written permission
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices
• Use automated scripts, bots, spiders, scrapers, or any automated means to access or collect data from our Services without prior written consent
• Attempt to gain unauthorized access to our systems, networks, servers, or databases
• Upload, transmit, or distribute viruses, malware, ransomware, trojans, or any malicious code
• Engage in any activity that disrupts, interferes with, or imposes an unreasonable burden on our infrastructure
• Harass, abuse, threaten, stalk, defame, or otherwise violate the legal rights of others
• Impersonate any person or entity, or falsely state or misrepresent Your affiliation with any person or entity
• Collect, harvest, or store personal information of other users without their explicit consent
• Use our Services for any fraudulent, deceptive, or illegal purpose
• Circumvent, disable, or interfere with security features or features that prevent or restrict copying of Content
• Engage in any activity that could damage, disable, overburden, or impair our Services
• Sell, rent, lease, sublicense, or otherwise transfer or exploit our Services for commercial purposes without authorization

Violation of any prohibited use may result in immediate termination of Your access and potential legal action.

Intellectual Property Rights

5.1 Our Intellectual Property

All Content, software, applications, code (source and object), designs, user interfaces, graphics, logos, trademarks, service marks, trade names, databases, and all other materials provided through our Services are the exclusive property of MWANGI or our licensors and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The MWANGI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MWANGI. You may not use such marks without our prior written permission.

No license or right is granted to You by implication, estoppel, or otherwise under any Intellectual Property rights. Any unauthorized use of our Intellectual Property is strictly prohibited and may result in civil and criminal penalties.

5.2 Educational Content

Blog posts, tutorials, code snippets, and educational materials published on our website are shared for educational purposes. You may reference, cite, or link to this Content with proper attribution to MWANGI.

You may not republish, redistribute, or commercially exploit educational Content without express written permission. Attribution must include a visible link back to the original source on our website.

5.3 DMCA and Copyright Infringement

We respect the intellectual property rights of others and expect users to do the same. If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us at hello@mwangi.co.ke with detailed information including:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing and its location
• Your contact information (address, telephone number, email)
• A statement of good faith belief that the use is not authorized
• A statement that the information provided is accurate
• Your physical or electronic signature

User-Generated Content

6.1 License Grant

When You submit, upload, post, or transmit User Content through our Services (including feedback, comments, bug reports, suggestions, ideas, testimonials, or any other materials), You grant MWANGI a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or platform, now known or hereafter developed, for the purpose of operating, promoting, and improving our Services.

6.2 Your Responsibilities

You represent and warrant that:

• You own or control all rights to Your User Content
• Your User Content does not violate any third-party rights, including Intellectual Property rights
• Your User Content does not violate any applicable laws or regulations
• Your User Content does not contain defamatory, obscene, offensive, or illegal material

6.3 Content Moderation and Removal

We reserve the right, but have no obligation, to monitor, review, edit, or remove User Content at our sole discretion, without notice, for any reason, including if we determine it violates these Terms or is otherwise objectionable.

You retain ownership of Your User Content and may request deletion at any time by contacting us. However, copies may remain in cached or archived systems, and the license granted above survives deletion.

Subscription Services and Pricing

7.1 Subscription Terms

Some Services may be offered on a subscription basis with recurring billing periods (monthly, annually, or other intervals). By subscribing, You authorize us to charge Your payment method on a recurring basis until You cancel.

7.2 Pricing and Payment

Subscription fees are stated in the currency indicated at the time of purchase. All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for paying all applicable taxes.

We reserve the right to change subscription pricing at any time. Price changes will be communicated to You at least 30 days before taking effect. Your continued use of the subscription after the price change constitutes acceptance of the new pricing.

7.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless You cancel before the renewal date. You will be charged the then-current subscription fee using Your payment method on file.

7.4 Cancellation and Refunds

You may cancel Your subscription at any time through Your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds or prorated amounts will be issued for partial subscription periods.

We reserve the right to refuse refunds except where required by law. All sales are final unless otherwise stated.

7.5 Free Trials

We may offer free trial periods for certain subscription services. At the end of the trial period, Your payment method will be automatically charged the subscription fee unless You cancel before the trial ends. Only one free trial per user is permitted.

In-App Purchases and Virtual Items

8.1 Mobile App Purchases

Some mobile applications and games may offer in-app purchases, virtual currency, virtual items, or premium features. All in-app purchases are processed through the Apple App Store, Google Play Store, or other authorized platform providers.

All in-app purchases are final and non-refundable except as required by applicable law or the platform's refund policy. Refund requests must be directed to the platform provider (Apple, Google, etc.), not to MWANGI.

8.2 Virtual Currency and Items

Virtual currency, virtual items, and digital goods have no real-world value and cannot be exchanged for cash or real-world goods. Virtual items are licensed, not sold, and We retain all ownership rights. Virtual items may be revoked, modified, or removed at any time without notice or compensation.

8.3 No Guarantee of Availability

We do not guarantee the continued availability of any in-app purchase, virtual item, or premium feature. We may discontinue, modify, or remove any virtual item or feature at our sole discretion without liability.

Third-Party Links, Services, and Integrations

9.1 Third-Party Links

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by MWANGI. We provide these links for Your convenience only.

We have no control over, and assume no responsibility for, the content, privacy policies, terms of use, or practices of any third-party websites or services. You acknowledge and agree that MWANGI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, goods, or services.

9.2 Third-Party Integrations

Our Services may integrate with third-party APIs, SDKs, payment processors, analytics services, or other third-party technologies. Your use of these integrations is governed by the third party's terms and privacy policies. We are not responsible for the availability, functionality, or security of third-party integrations.

9.3 Platform Providers

Mobile applications distributed through the Apple App Store or Google Play Store are subject to the respective platform's terms and conditions in addition to these Terms. In case of conflict, the platform provider's terms take precedence for platform-specific issues.

Disclaimers and Warranties

READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

10.1 "AS IS" and "AS AVAILABLE" Basis

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT OR DATA
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

10.2 No Professional Advice

Content provided through our Services, including blog posts, tutorials, and educational materials, is for informational purposes only and does not constitute professional advice (legal, financial, medical, technical, or otherwise). You should not rely on any Content as a substitute for professional advice. Always consult with a qualified professional before making any decisions based on Content found in our Services.

10.3 Third-Party Content Disclaimer

We do not warrant, endorse, guarantee, or assume responsibility for any third-party content, products, services, or websites. Any reliance You place on third-party content is strictly at Your own risk.

10.4 No Guarantee of Results

We make no representations or warranties that use of our Services will result in any particular outcome, revenue, profit, performance improvement, or other result. Results may vary based on numerous factors beyond our control.

10.5 Service Modifications and Discontinuation

We reserve the right to modify, suspend, discontinue, or terminate any Service, feature, or Content at any time, temporarily or permanently, with or without notice, for any reason or no reason. We shall have no liability whatsoever for any modification, suspension, or discontinuation of Services.

Limitation of Liability

READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MWANGI, ITS OPERATORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR INCOME
• LOSS OF DATA OR INFORMATION
• LOSS OF BUSINESS OPPORTUNITIES
• LOSS OF GOODWILL OR REPUTATION
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
• BUSINESS INTERRUPTION
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY
• ANY OTHER MATTER RELATING TO OUR SERVICES

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MWANGI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

11.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MWANGI AND ITS OPERATORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO MWANGI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
• KENYA SHILLINGS 10,000 (TEN THOUSAND KENYAN SHILLINGS)

11.3 Exceptions to Limitations

The limitations and exclusions in this Section do not apply to liability that cannot be excluded or limited under applicable law, including:

• Death or personal injury caused by our gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation
• Liability under the Kenya Data Protection Act, 2019
• Any other liability that cannot be excluded by law

11.4 Basis of the Bargain

You acknowledge and agree that the limitations of liability set forth in this Section are fundamental elements of the basis of the bargain between You and MWANGI. Our Services would not be provided without such limitations.

Indemnification

You agree to indemnify, defend, and hold harmless MWANGI and its operators, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any rights of any third party, including Intellectual Property rights
• Your User Content
• Your violation of any applicable laws or regulations
• Your fraud, willful misconduct, or gross negligence
• Any unauthorized access to our Services using Your account credentials

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate with us in asserting any available defenses. This indemnification obligation shall survive termination of these Terms.

Termination

13.1 Termination by Us

We reserve the right, in our sole discretion, to suspend, restrict, or terminate Your access to any or all of our Services, immediately and without prior notice or liability, for any reason or no reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Conduct that harms or could harm other users or our business
• Extended periods of inactivity
• Requests by law enforcement or government agencies
• Discontinuation or material modification of our Services
• Technical or security issues

13.2 Termination by You

You may terminate Your use of our Services at any time by discontinuing use, uninstalling mobile applications, deleting Your account (if applicable), and ceasing all access to our Services.

13.3 Effect of Termination

Upon termination of Your access:

• Your right to use our Services immediately ceases
• You must cease all use and destroy any downloaded materials
• We may delete Your account and all associated data without liability
• Provisions that by their nature should survive termination shall survive, including Sections 5, 10, 11, 12, 14, 15, and 16
• No refunds will be issued for prepaid fees or unused subscription periods

Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and Your use of our Services shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles. The following Kenyan laws shall apply:

• The Constitution of Kenya, 2010
• The Data Protection Act, 2019 (No. 24 of 2019)
• The Kenya Information and Communications Act (KICA), 2013
• The Computer Misuse and Cybercrimes Act, 2018
• Any other applicable Kenyan statutes and regulations

14.2 Jurisdiction and Venue

Any legal action, suit, or proceeding arising out of or relating to these Terms or our Services shall be instituted exclusively in the courts of Kenya located in Nairobi County, and You irrevocably submit to the exclusive jurisdiction of such courts.

You waive any objection to the exercise of jurisdiction by such courts and to venue in such courts.

14.3 International Users

If You are accessing our Services from outside Kenya, You are responsible for compliance with local laws in Your jurisdiction. If Your local laws conflict with these Terms, You may not use our Services.

14.4 Arbitration (Optional)

Before initiating any legal proceedings, the parties may elect to resolve disputes through binding arbitration under the Arbitration Act, 1995 (No. 4 of 1995) of Kenya, administered by the Nairobi Centre for International Arbitration (NCIA). Arbitration shall be conducted in Nairobi, Kenya, in English.

14.5 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Changes to These Terms

We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion, with or without notice. Changes will be effective immediately upon posting the updated Terms on this page with a new "Last Updated" date.

Your continued use of our Services following the posting of changes constitutes Your acceptance of such changes. If You do not agree to the modified Terms, You must immediately cease using our Services.

For material changes, we may provide additional notice (such as email notification or a prominent notice on our website), but we are not obligated to do so. It is Your responsibility to review these Terms periodically for updates.

General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms specific to individual Services, constitute the entire agreement between You and MWANGI and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

16.3 Waiver

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

16.4 Assignment

You may not assign, transfer, or delegate these Terms or Your rights and obligations hereunder without our prior written consent. We may freely assign, transfer, or delegate these Terms and our rights and obligations without restriction. Any attempted assignment by You in violation of this provision is void.

16.5 No Partnership

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between You and MWANGI. You have no authority to bind MWANGI in any manner whatsoever.

16.6 Force Majeure

MWANGI shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.7 Export Compliance

You agree to comply with all applicable export control laws and regulations of Kenya and other jurisdictions. You represent that You are not located in a country subject to international embargo or trade sanctions, and You are not a person prohibited from receiving our Services.

16.8 Survival

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, dispute resolution, and general provisions.

16.9 Language

These Terms are written in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

16.10 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

Contact Information

If You have any questions, concerns, or complaints regarding these Terms, please contact us at:

• Email: hello@mwangi.co.ke
• Website: https://mwangi.co.ke
• Contact Form: Contact Us

For legal inquiries, data protection matters, or intellectual property concerns, please clearly mark Your communication with the appropriate subject line.

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.