Terms of Service

1. Acceptance of Terms
By accessing or using the services provided by Nyota Imara Technologies ("Nyota Imara," "we," "us," or "our"), including our websites, APIs, Nyota ID, Nyota Mail, Nyota SMS, and custom software development services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

2. Account Registration and Security (Nyota ID)
To access most features of our platform, you must register for a Nyota ID.

• Accuracy: You agree to provide accurate, current, and complete information during registration.
• Security: You are responsible for safeguarding your authentication credentials (including OTPs) and for all activities that occur under your account.
• Telemetry: We employ device fingerprinting and telemetry to secure accounts and prevent fraud. You consent to these security measures as outlined in our Privacy Policy.

3. Use of Services & Acceptable Use
You agree to use the Services only for lawful purposes. You shall not use the Services to:

• Transmit spam, unsolicited communications, or illegal content (especially strictly enforced for Nyota Mail and Nyota SMS).
• Distribute malware, viruses, or any other malicious code.
• Attempt to bypass, exploit, or disrupt the security, integrity, or performance of our APIs or infrastructure.
• Engage in any activity that violates the Data Protection Act (2019) or any applicable Kenyan law.
  Nyota Imara reserves the right to suspend or terminate your access immediately if you violate this Acceptable Use Policy.

4. Payments, Billing, and Credits

• Software Development: Custom engineering projects (e.g., Web Apps, Mobile Apps, Launchpad) are billed as a one-off build fee, followed by a monthly recurring infrastructure (Infra) fee. Build fees are non-refundable once development commences.
• Nyota SMS & Mail: SMS credits and Mail seats are billed according to the volume and tiers specified on your billing dashboard. SMS credits purchased in bulk do not expire but are non-refundable.
• Currency & Taxes: All fees are stated in Kenyan Shillings (KES) unless otherwise noted, and are exclusive of applicable taxes like VAT, which will be added to your invoice where required by law.

5. Intellectual Property Rights

• Nyota Core Platform: Nyota Imara retains all rights, title, and interest in and to the Nyota Core ecosystem, its proprietary APIs, infrastructure, and pre-existing code (including Nyota ID, Zuru, etc.).
• Client Data: You retain all rights to the data, text, and media you upload or process through our Services.
• Custom Development: Upon full payment of the agreed build fees for custom software, you are granted a non-exclusive, worldwide license to use the custom frontend deliverables. The underlying Nyota Core infrastructure remains the intellectual property of Nyota Imara.

6. Third-Party Integrations and OAuth
Through Nyota ID, you may authorize third-party applications to access your account data via OAuth. Nyota Imara is not responsible for the practices, security, or privacy policies of these third-party applications. You may revoke their access at any time via your dashboard.

7. Disclaimer of Warranties
Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. While we strive for 99.9% uptime, Nyota Imara makes no warranties, express or implied, regarding the reliability, accuracy, or uninterrupted availability of the Services, except where explicitly stated in a separate Service Level Agreement (SLA).

8. Limitation of Liability
To the maximum extent permitted by Kenyan law, Nyota Imara shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business goodwill, arising out of your use of or inability to use the Services.

9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising out of these Terms or the use of the Services shall be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya.

10. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Effective Date" at the top of this page or by sending an email notice. Continued use of the Services constitutes your acceptance of the revised Terms.

11. Contact Information
For any legal inquiries regarding these Terms, please contact us at:

• Email: legal@nyotaimara.com
• Address: Nairobi, Kenya