Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or entity, "you" or "User") and Nafasi AI ("Company," "we," "us," or "our"), governing your access to and use of the Nafasi AI platform and services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

These Terms are governed by the laws of the Republic of Kenya and comply with applicable Kenyan legislation, including but not limited to the Data Protection Act, 2019 and the Kenya Information and Communications Act.

2. Service Description

Nafasi AI provides an AI-powered software-as-a-service (SaaS) platform designed to help businesses in Kenya improve workplace accessibility and disability inclusion. Our Services include:

• Workplace accessibility audits and compliance assessments
• AI-powered recommendations for disability accommodations
• Policy generation and job-disability matching tools
• Kenya-specific tax incentive calculators for PWD employment
• Document analysis and report generation
• AI chat assistant for accessibility guidance
• Employee recruitment analysis for accessibility considerations
• Multi-tenant dashboard and analytics

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, at our sole discretion.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Services, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Eligibility

You must be at least 18 years old and capable of forming a binding contract under Kenyan law to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

3.3 Company Accounts

If you are registering on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

4. Subscriptions and Payments

4.1 Subscription Plans

Nafasi AI offers various subscription plans, including a Free plan with limited features and paid Standard plans with full access to all AI-powered modules. Current pricing is displayed on our Pricing page.

4.2 Pricing and Currency

All prices are quoted in Kenya Shillings (KES) unless otherwise stated. We reserve the right to change our pricing at any time, with notice provided for existing subscriptions.

4.3 Payment Terms

• Payments are processed securely through Stripe
• Subscriptions are billed monthly or annually in advance
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method on a recurring basis
• Failed payments may result in service suspension

4.4 Taxes

Prices do not include applicable taxes (including VAT). You are responsible for paying all taxes associated with your use of the Services in accordance with Kenyan tax laws.

4.5 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No partial refunds are provided for unused portions of a subscription period, except as required by Kenyan consumer protection laws.

5. User Obligations

When using our Services, you agree not to:

• Violate any laws or regulations of Kenya or your jurisdiction
• Infringe upon the rights of others, including intellectual property rights
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use our Services for any illegal, fraudulent, or harmful purpose
• Reverse engineer, decompile, or disassemble any part of our Services
• Scrape, mine, or extract data from our platform using automated means
• Impersonate another person or entity
• Share your account credentials with unauthorized parties
• Interfere with or disrupt the operation of our Services

6. Intellectual Property Rights

6.1 Our Rights

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, software code, and AI models, are owned by Nafasi AI and are protected by Kenyan and international copyright, trademark, and other intellectual property laws.

6.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during your subscription period.

6.3 Your Content

You retain ownership of any content, data, or materials you upload to the Services ("User Content"). By uploading User Content, you grant us a worldwide, royalty-free license to use, store, process, and display such content solely for the purpose of providing the Services to you.

6.4 Feedback

Any feedback, suggestions, or ideas you provide about our Services become our property, and we may use them without restriction or compensation to you.

7. Data Usage and Privacy

Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

We comply with the Data Protection Act, 2019 of Kenya and implement appropriate technical and organizational measures to protect your data.

8. AI-Generated Content Disclaimer

You acknowledge and agree that:

• AI-generated content should be reviewed by qualified professionals before implementation
• You are solely responsible for verifying the accuracy and applicability of AI recommendations
• We do not guarantee that AI outputs comply with all applicable laws or are suitable for your specific situation
• AI-generated content does not constitute legal, financial, or professional advice

For detailed information, please review our AI-Specific Terms and Disclaimers.

9. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services will meet your specific requirements

Nothing in these Terms excludes warranties or conditions that cannot be excluded under Kenyan law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, IN NO EVENT SHALL NAFASI AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

Our total liability to you for all claims arising out of or related to these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or KES 50,000, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Nafasi AI and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content
• Your violation of any applicable laws or regulations

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account settings in the platform. Upon termination, your access to the Services will cease at the end of your current billing period.

12.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without notice, if:

• You breach these Terms
• Your account has been inactive for an extended period
• We are required to do so by law
• We determine that your use of the Services poses a security or legal risk

12.3 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• We may delete your account data in accordance with our data retention policies
• You remain liable for all outstanding fees
• Provisions of these Terms that by their nature should survive will remain in effect

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

13.2 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms:

• Informal Resolution: The parties agree to first attempt to resolve the dispute through good faith negotiations
• Mediation: If informal resolution fails, the parties agree to submit the dispute to mediation in Nairobi, Kenya
• Arbitration: If mediation is unsuccessful, disputes shall be resolved through binding arbitration in Nairobi under the Arbitration Act, 1995
• Court Jurisdiction: As a final resort, disputes may be brought before the courts of Kenya, and you consent to the exclusive jurisdiction of such courts

14. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Post the updated Terms on this page
• Update the "Last updated" date at the top
• Notify you via email for material changes
• Provide advance notice where required by law

Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and may terminate your account.

15. Contact Information