Terms of Use

This Website is provided for informational purposes. Nothing on it is a solicitation, an offer, or a recommendation to open an account or to enter into any transaction with Koya Labs Ltd.

Your access to this Website is on your own initiative. The information here is not directed at persons in any jurisdiction where Koya is not authorised to offer its services, and it is your responsibility to make sure your use of the Website complies with the law that applies to you.

This website ("Website") is owned and operated by Koya Labs Ltd, a private company limited by shares incorporated in Kenya under Registration No. PVT-MA15BD72, with its registered office at Prestige Building, Ngong Road, Highridge, Westlands, Nairobi, Kenya.

References in these Terms to "we", "us" and "our" mean Koya Labs Ltd. References to "you" and "your" mean the person accessing or using the Website.

Koya Labs Ltd is also the data controller for personal data processed through the Website. How we handle that data is set out in the Privacy Notice, which is a separate document.

These definitions apply throughout. They are here so that the words doing the work in the clauses below have one meaning and not several.

By accessing or using this Website you agree to be bound by these Terms of Use. If you do not agree, you must not use the Website.

Your agreement is given by using the Website. There is no box to tick, and none is needed: these Terms govern access itself.

Documents incorporated by reference

These Terms are supplemented by the documents below. They form part of these Terms, and using the Website means accepting them too.

• The Privacy Notice, which explains what personal data we collect through the Website, why, and the rights you hold over it under the Kenya Data Protection Act, 2019.
• The Cookie Policy, which sets out the cookies and similar technologies the Website uses and how you control them.

Where these Terms and an incorporated document conflict on the subject that document governs, the incorporated document prevails on that subject.

We may update these Terms of Use from time to time, for example when the law changes, when the Website changes, or when Koya moves from pre-launch to a licensed live service.

Changes take effect when the revised version is posted on the Website. The Last updated date at the top of this page always reflects the current version, and a version number is shown beside it so you can tell which text you read.

Continued use of the Website after a change is posted constitutes acceptance of the revised Terms. We do not separately notify Website visitors of changes to these Terms, because we have no account relationship with you through which to do so. If you want to be sure of the current position, check this page.

The Website is operated from Kenya and is directed at persons who may lawfully access it.

It is not directed at persons in any jurisdiction where Koya is not authorised to offer its services, or where publishing this Website would breach local law. Accessing the Website from such a place is done on your own initiative and at your own risk, and you are responsible for compliance with the law that applies to you.

Nothing on the Website is an offer or invitation to any person in a jurisdiction where such an offer or invitation would be unlawful.

The Website is not intended for anyone under 18. Koya does not knowingly collect personal data from minors, as described in the Privacy Notice.

We use reasonable efforts to keep the Website available, but we do not guarantee that access will be uninterrupted, error free, or secure.

We may restrict, suspend or withdraw access to the Website or any part of it at our discretion, including during maintenance or upgrades, and we reserve the right to restrict access to any user or region.

What this means in practice

• The Website may be unavailable without notice, and we are not obliged to give notice of planned maintenance.
• Features may be added, changed or removed at any time.
• We may block access from a particular network, account or region where we consider it necessary, including to protect the Website or comply with law.
• You are responsible for the equipment, software and connectivity you use to reach the Website, and for the security of the device you use.

All Content on this Website, including text, graphics, logos, and the Koya name and brand, is owned by Koya Labs Ltd or its licensors and is protected under Kenyan and applicable international intellectual property law.

You may not copy, reproduce or reuse Website Content without our prior written permission, other than for personal, non commercial reference.

What you may do without asking

• View the Website and print or save individual pages for your own personal, non commercial reference.
• Quote a short extract with clear attribution to Koya and a link to the page it came from, for the purposes of reporting, comment, criticism or review.
• Link to any public page of the Website, provided the link does not suggest an endorsement or association that does not exist.

What requires our written permission

• Reproducing, republishing or distributing Content, in whole or in substantial part.
• Using the Koya name, logo or brand in any way, including in a domain name, app name, social account or advertising.
• Using Content for any commercial purpose, including training a commercial model on it or incorporating it into a product.
• Framing or mirroring the Website, or presenting Content as if it were your own.

Nothing in these Terms transfers any intellectual property right to you. Rights not expressly granted here are reserved.

You agree not to use the Website for any of the purposes set out below. The table names each one and says plainly why it matters, because a prohibition a reader does not understand is one they will breach by accident.

The Website is provided "as is" and "as available".

To the fullest extent permitted under Kenyan law, we make no warranties as to the accuracy, completeness or reliability of any Content on the Website, and we disclaim all implied warranties not otherwise required by applicable law.

In particular

• Content may be incomplete, out of date, or superseded, and we are under no obligation to update it.
• Any rate, figure, projection or illustration shown on the Website is indicative only. It is not a quote, not an offer, and not a commitment to transact at that value.
• The Website may contain errors or omissions, and we do not warrant that they will be corrected.
• We do not warrant that the Website is free of viruses or other harmful components, and you should use your own protection.

Nothing in this section limits any warranty or right that cannot lawfully be excluded, including under the Consumer Protection Act, 2012.

To the maximum extent permitted by Kenyan law, Koya Labs Ltd excludes all liability arising from your use of, or inability to use, the Website, including any indirect, incidental or consequential loss.

This includes, without limitation, loss of profit, loss of business or opportunity, loss of anticipated savings, loss of goodwill, and loss or corruption of data, in each case whether direct or indirect.

The Website may link to third party websites or resources that are not owned or controlled by Koya Labs Ltd.

We are not responsible for the content, privacy practices, or availability of any third party site, and a link is not an endorsement, a recommendation, or a statement that we have reviewed what is there. Use of third party sites is at your own risk, and the terms and privacy policy of that site will govern your use of it, not these Terms.

If a link on this Website is broken, misleading, or points somewhere it should not, please tell us using the route in section 15.

We may suspend or terminate your access to the Website at any time, for any reason, without liability, including where we reasonably believe you have breached these Terms of Use.

What survives

Termination of access does not end the clauses that are meant to outlive it. Sections 7 (intellectual property), 9 (no warranties), 10 (limitation of liability), 13 (governing law) and 14 (general terms) continue to apply after your access ends, as does any other clause that by its nature is intended to survive.

You may stop using the Website at any time. No notice to us is required, and nothing in these Terms obliges you to keep using it.

These Terms of Use, and any dispute or claim arising out of or in connection with them, their subject matter or their formation, are governed by and construed in accordance with the laws of the Republic of Kenya.

Any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the courts of Kenya.

This does not deprive you of the protection of any mandatory rule of the law of the country in which you live, where that law says it applies regardless of these Terms.

Severability

If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force.

No waiver

If we do not enforce a right under these Terms, that is not a waiver of it. A single or partial exercise of a right does not prevent its further exercise.

Entire agreement

These Terms, together with the documents incorporated by reference in section 3, are the entire agreement between you and us in relation to your use of the Website, and replace any earlier terms of use published on it.

Assignment

We may assign or transfer our rights and obligations under these Terms to another entity, for example on a reorganisation, without your consent, provided this does not reduce your rights. You may not assign or transfer yours.

Notices

Notices to us under these Terms should be sent to the address in section 16. Notices to Website visitors are given by posting on the Website.

Language

These Terms are published in English. Where a translation is provided for convenience and the versions differ, the English version governs.

Headings

Section numbers and headings are for reference only and do not affect the interpretation of these Terms.

If something on the Website is wrong, we would rather hear it than not. Use the contact details in section 16 for any of the following.

• A security issue. If you believe you have found a vulnerability, report it to us privately and give us a reasonable opportunity to fix it before disclosing it. Good faith research reported this way is welcome and we will not treat it as a breach of section 8.
• An intellectual property complaint. If you believe Content on the Website infringes your rights, tell us what the material is, where it appears, and what right you hold, and we will review it.
• Inaccurate content. If a page is wrong or out of date, tell us which page and what is wrong with it.
• A broken or misleading link. As described in section 11.

Reports about your personal data, including any request to exercise a right under the Kenya Data Protection Act, 2019, should go to the Data Protection Officer using the route in the Privacy Notice rather than here.

Questions about these Terms of Use can be directed to Koya Labs Ltd using the details below.