Terms of Service🇰🇪

By accessing and using AI Mashinani Business Compass ("Service," "Platform," or "AI Mashinani"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and AI Mashinani Business Compass, a company operating under Kenyan law.

AI Mashinani provides:

• AI-powered business profile creation and management
• Automated generation of marketing materials (brochures, content, etc.)
• Business advisory and strategic guidance
• Social media content planning and creation
• Document templates and business resources
• Knowledge base and asset management tools

Our Service is specifically designed for Micro, Small, and Medium Enterprises (MSMEs) operating in Kenya and the broader East African market.

Account Creation

• You must provide accurate and complete information during registration
• You are responsible for maintaining the security of your account credentials
• You must be at least 18 years old to create an account
• One account per business entity or individual user

Account Responsibilities

• You are responsible for all activities under your account
• Notify us immediately of any unauthorized access
• Keep your contact information up to date
• Comply with all applicable laws and regulations

Free Tier

• Limited asset generation (1 per week)
• Basic business profile features
• Standard customer support

Paid Plans

• Daily Plan: KES 70 per day - 1 asset generation per day
• Weekly Plan: KES 30 per week - Up to 30 asset generations per week
• Monthly Plan: KES 150 per month - Unlimited asset generations

Payment Terms

• Payments are processed in Kenyan Shillings (KES)
• We accept M-Pesa, Airtel Money, and major credit/debit cards
• Subscriptions automatically renew unless cancelled
• All payments are non-refundable except as required by law
• Prices may change with 30 days' advance notice

Permitted Uses

• Create legitimate business content and marketing materials
• Generate business advice and strategic guidance
• Store and manage your business information
• Access educational resources and templates

Prohibited Uses

• Generate content that violates Kenyan laws or regulations
• Create misleading, fraudulent, or deceptive business materials
• Share or resell generated content as your own service
• Attempt to reverse engineer or copy our AI models
• Use the Service for illegal activities or spam
• Violate intellectual property rights of third parties
• Generate content that promotes hatred, violence, or discrimination

Our Intellectual Property

• AI Mashinani platform, software, and technology
• AI models, algorithms, and training methodologies
• Templates, frameworks, and standard content
• Trademarks, logos, and brand materials

Your Content Rights

• You retain ownership of your business information and data
• Generated content based on your input belongs to you
• You grant us a license to use your data to improve our services
• You may use generated content for your business purposes

Content Attribution

While you own the generated content, you acknowledge that it was created using AI Mashinani's technology. You may not claim to have independently created AI-generated content.

Your privacy is important to us. Our data collection, use, and protection practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

We comply with Kenya's Data Protection Act 2019 and international privacy standards. You consent to our data practices as described in our Privacy Policy.

Service Availability

• We strive for 99.9% uptime but do not guarantee continuous availability
• Planned maintenance will be announced in advance when possible
• Emergency maintenance may occur without notice

Customer Support

• Email support: Available 24/7 with response within 24 hours
• Phone and WhatsApp: Monday-Friday, 8 AM - 6 PM EAT
• Help Center: Self-service resources available anytime

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW:

• Our liability is limited to the amount you paid for the Service in the 12 months preceding the claim
• We are not liable for indirect, incidental, or consequential damages
• We do not guarantee the accuracy or completeness of AI-generated content
• You are responsible for reviewing and verifying all generated content before use
• We are not responsible for business decisions made based on our recommendations

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you to the extent prohibited by applicable law.

Your Right to Cancel

• You may cancel your subscription at any time from your account settings
• Cancellation takes effect at the end of your current billing period
• You retain access to paid features until the end of the paid period
• No refunds for partial periods unless required by law

Our Right to Terminate

We may terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay subscription fees
• Abuse our support systems or staff

Effect of Termination

• Your access to the Service will be suspended or terminated
• You may download your data within 30 days of termination
• We may delete your account and data after the 30-day period

Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any disputes will be resolved in the courts of Kenya.

Dispute Process

1. Direct Resolution: Contact our support team first
2. Mediation: Attempt mediation through a recognized Kenyan mediation service
3. Arbitration: Binding arbitration under Kenyan Arbitration Act 2017
4. Court Action: As a last resort, in Kenyan courts

We may update these Terms periodically to reflect changes in our Service, legal requirements, or business practices. We will notify you of material changes by:

• Email notification to your registered email address
• Prominent notice on our platform
• In-app notifications

Your continued use of the Service after changes take effect constitutes acceptance of the new Terms.

As a condition of use of this Site, App, and Service, you agree to indemnify AI Mashinani and its affiliates, partners, officers, directors, employees and agents from and against any and all lawsuits, losses, charges, damages, liabilities, expenses (including Advocates' fees), fees or claims (including claims from third parties) that we may suffer, incur or may otherwise result as a consequence of:

• Your breach of these Terms
• Any reliance by us on any instructions or information issued by yourself or purported to be issued by you and/or on your behalf
• Your violation of any law or the rights of a third party
• Your use or misuse of the Service

This indemnification obligation will survive the termination of these Terms and your use of the Service.

To the maximum extent permitted by law, we will accept no liability in any event including (without limitation) for negligence, and/or for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses that may result to you or a third party arising out of, or in connection with:

Limitations Include:

• Your use or inability to use the Site, App, or Service
• Your downloading of any material from the Site or App
• Any error, omission, defect, computer virus (including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property, or system failure)
• Loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages
• Arising out of or in connection with the access of, use of, performance of, browsing in, or linking to other sites from the Site or App or the material on such websites
• Any action based on the content of this Site or App or any use or application of the same or any error or omission relating to the transmission of the content

Third-Party Services

AI Mashinani shall not be held liable for the quality of service, any interruptions, malfunctions or disruptions from your internet service provider, telecommunications provider (including M-Pesa payment services) or any other third party.

Maximum Liability Cap

In any case, our total liability to you for all damages, losses, and causes of action shall not exceed the amount you have paid to AI Mashinani in the twelve (12) months preceding the claim.

We reserve the right to modify, suspend or discontinue temporarily or permanently this Site, App, or Service (or any part thereof), with or without notice. You agree that we shall not be liable to you or any third party for such modification, suspension or discontinuation.

By continuing to access this Site or App after any modification, you agree to comply with and be bound by these Terms. If you disagree with any modifications, you must immediately cease using our Site, App, and Service.

We may, at our sole discretion, modify these Terms at any time. When we do, we will post the updated Terms on this page and update the "Last Updated" date at the top of this page.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Jurisdiction

If a dispute, controversy or claim arises out of or relates to the use of this Site, App, or Service or the breach of these Terms thereof and if the dispute cannot be settled by way of Arbitration, the parties irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

Arbitration

Prior to court action, parties agree to attempt resolution through binding arbitration under the Kenyan Arbitration Act 2017. The arbitration shall be conducted in Nairobi, Kenya, in English or Swahili.

Entire Agreement

This agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Site or App, including but not limited to our Privacy Policy and Acceptable Use Policy.

In the event of a conflict between such other terms and the terms of this agreement, the terms of this agreement shall take precedence.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, the remaining provisions shall continue in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AI Mashinani's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Application Scope

These Terms apply to all AI Mashinani services, including but not limited to:

• AI Mashinani Website - Main platform and web services
• Business Compass - AI-powered business tools and analytics
• Mwalimu na Shule App - Educational platform and services
• Any future products or services offered by AI Mashinani

For questions about these Terms of Service, contact us:

• Email: admin@aimashinani.org
• Legal Inquiries: legal@aimashinani.org
• General Support: support@aimashinani.org
• Address: AI Mashinani, Nairobi, Kenya

Business Information

• Company Name: AI Mashinani
• Registration: Republic of Kenya
• Services: AI Mashinani Website, Business Compass, Mwalimu na Shule App

📧 For all inquiries: Please include "Terms of Service" in your email subject line for faster response.