Terms and Conditions

Last Updated: June 21, 2026

1. Introduction and Acceptance

By downloading, installing, registering, or using the UkoWapy mobile application ("the App," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not download, register, or use the App.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and UkoWapy.

The App serves as a communication and information-sharing platform to assist in locating missing persons. It is not a law enforcement agency, investigative body, or substitute for official reporting to authorities such as the Kenya Police Service.

  • ('title', '1. Introduction and Acceptance')
  • ('paragraphs', ['By downloading, installing, registering, or using the UkoWapy mobile application ("the App," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not download, register, or use the App.', 'These Terms constitute a legally binding agreement between you ("User," "you," or "your") and UkoWapy.', 'The App serves as a communication and information-sharing platform to assist in locating missing persons. It is not a law enforcement agency, investigative body, or substitute for official reporting to authorities such as the Kenya Police Service.'])
2. Eligibility and Account Registration

2.1 Eligibility

By using the App, you represent and warrant that you are at least 18 years of age, or if you are under 18, you have obtained parental or guardian consent to use the App, and that you have the legal capacity to enter into this agreement.

2.2 Account Registration

To create a missing person report, report a sighting, or leave a comment, you must register an account with the App.

2.3 Account Responsibility

You are solely responsible for maintaining the confidentiality of your account login credentials, all activities that occur under your account whether authorized by you or not, and ensuring the accuracy, completeness, and truthfulness of any information you submit.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason we deem appropriate.

  • ('title', '2. Eligibility and Account Registration')
  • ('paragraphs', ['2.1 Eligibility', 'By using the App, you represent and warrant that you are at least 18 years of age, or if you are under 18, you have obtained parental or guardian consent to use the App, and that you have the legal capacity to enter into this agreement.', '2.2 Account Registration', 'To create a missing person report, report a sighting, or leave a comment, you must register an account with the App.', '2.3 Account Responsibility', 'You are solely responsible for maintaining the confidentiality of your account login credentials, all activities that occur under your account whether authorized by you or not, and ensuring the accuracy, completeness, and truthfulness of any information you submit.', 'You agree to notify us immediately of any unauthorized use of your account or any other breach of security.', '2.4 Account Termination', 'We reserve the right to suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason we deem appropriate.'])
3. User-Generated Content

3.1 Permitted Content

  • Missing person details, including name, physical description, photograph, last known location, and date last seen.
  • Verified sightings with location, date, time, and description of the individual.
  • Information relevant to locating a reported missing person.
  • Comments, updates, and tips related to ongoing searches.
3.2 Prohibited Content
  • False, misleading, deceptive, or intentionally inaccurate information.
  • Information submitted with malicious intent, including harassment, stalking, intimidation, or defamation.
  • Personal data of individuals without their consent, except where reasonably necessary for locating a missing person.
  • Information that poses a serious threat to the life, health, or safety of any individual.
  • Content that is obscene, offensive, discriminatory, or otherwise unlawful.
  • Content that infringes on the intellectual property rights of others.
  • Viruses, malware, or any harmful code.
  • Any information that violates Kenyan law or the rights of any third party.
3.3 Ethical Obligations

Users must exercise due diligence before submitting information. Before reporting, you agree to consider whether the information is accurate, verifiable, and up-to-date, whether sharing the information serves a legitimate purpose of locating a missing person, whether the information could cause harm to the person reported missing or to others, and whether you have the authority or consent to share such information.

  • ('title', '3.3 Ethical Obligations')
  • ('paragraphs', ['Users must exercise due diligence before submitting information. Before reporting, you agree to consider whether the information is accurate, verifiable, and up-to-date, whether sharing the information serves a legitimate purpose of locating a missing person, whether the information could cause harm to the person reported missing or to others, and whether you have the authority or consent to share such information.'])
3.4 No Endorsement of Content

UkoWapy does not endorse, verify, or guarantee the accuracy, completeness, or reliability of any user-submitted content. The App is a platform for information sharing; the ultimate responsibility for verification rests with the user who submits the information.

  • ('title', '3.4 No Endorsement of Content')
  • ('paragraphs', ['UkoWapy does not endorse, verify, or guarantee the accuracy, completeness, or reliability of any user-submitted content. The App is a platform for information sharing; the ultimate responsibility for verification rests with the user who submits the information.'])
3.5 Content Monitoring and Removal

We reserve the right, but not the obligation, to review, moderate, edit, or remove any user-submitted content that violates these Terms or that we believe may expose the App, its operators, or other users to liability. We are not obligated to monitor all content but may do so at our discretion.

  • ('title', '3.5 Content Monitoring and Removal')
  • ('paragraphs', ['We reserve the right, but not the obligation, to review, moderate, edit, or remove any user-submitted content that violates these Terms or that we believe may expose the App, its operators, or other users to liability. We are not obligated to monitor all content but may do so at our discretion.'])
4. Burden of Proof and Liability for Submissions

4.1 You Bear the Burden of Proof – CRITICAL TERM

THIS IS A CRITICAL TERM. PLEASE READ CAREFULLY.

You acknowledge and agree that the user who submits any information, report, sighting, allegation, or content through the App bears the full burden of proof for the accuracy, truthfulness, and lawfulness of that submission. This includes, but is not limited to, the burden of proof in any legal proceeding, whether for defamation, libel, slander, breach of privacy, injunctive relief, or any other claim arising from the information you provide.

In the context of any legal proceeding, including applications for injunctive relief, you agree that you are the party seeking relief if your submission leads to legal action, you must prove the truth, accuracy, and lawfulness of your submission, and you must establish a prima facie case with a reasonable probability of ultimately prevailing on the merits should any action be brought.

UkoWapy and its operators shall not bear the burden of proving or disproving any information submitted by users, and you shall not seek to join UkoWapy as a party to any legal proceeding arising from your submission unless expressly required by law.

4.2 Indemnification

You agree to defend, indemnify, and hold harmless UkoWapy, its developers, operators, affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees and court costs) arising from or relating to your submissions, your violation of these Terms, your violation of any rights of another person, your violation of any applicable law, any legal proceedings connected to your submissions, any dispute between you and another user, and your use or misuse of the App.

4.3 Release

To the maximum extent permitted by law, you release UkoWapy from all liability arising from or relating to disputes between users, the actions or omissions of other users, information posted by other users, and any consequences of relying on user-submitted information.

  • ('title', '4. Burden of Proof and Liability for Submissions')
  • ('paragraphs', ['4.1 You Bear the Burden of Proof – CRITICAL TERM', 'THIS IS A CRITICAL TERM. PLEASE READ CAREFULLY.', 'You acknowledge and agree that the user who submits any information, report, sighting, allegation, or content through the App bears the full burden of proof for the accuracy, truthfulness, and lawfulness of that submission. This includes, but is not limited to, the burden of proof in any legal proceeding, whether for defamation, libel, slander, breach of privacy, injunctive relief, or any other claim arising from the information you provide.', 'In the context of any legal proceeding, including applications for injunctive relief, you agree that you are the party seeking relief if your submission leads to legal action, you must prove the truth, accuracy, and lawfulness of your submission, and you must establish a prima facie case with a reasonable probability of ultimately prevailing on the merits should any action be brought.', 'UkoWapy and its operators shall not bear the burden of proving or disproving any information submitted by users, and you shall not seek to join UkoWapy as a party to any legal proceeding arising from your submission unless expressly required by law.', '4.2 Indemnification', 'You agree to defend, indemnify, and hold harmless UkoWapy, its developers, operators, affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees and court costs) arising from or relating to your submissions, your violation of these Terms, your violation of any rights of another person, your violation of any applicable law, any legal proceedings connected to your submissions, any dispute between you and another user, and your use or misuse of the App.', '4.3 Release', 'To the maximum extent permitted by law, you release UkoWapy from all liability arising from or relating to disputes between users, the actions or omissions of other users, information posted by other users, and any consequences of relying on user-submitted information.'])
5. Data Protection and Privacy

5.1 Compliance with Kenyan Law

The App processes personal data in compliance with the Data Protection Act, 2019 of the Republic of Kenya, the Data Protection (General) Regulations, 2021, and any other applicable data protection laws.

5.2 Data Protection Principles

  • Lawfulness, Fairness, and Transparency: Personal data is processed only for legitimate purposes related to locating missing persons.
  • Purpose Limitation: Data is collected for specified, explicit, and legitimate purposes and not processed in a manner incompatible with those purposes.
  • Data Minimization: Only data that is necessary for the purpose of locating missing persons is collected.
  • Accuracy: We take reasonable steps to ensure personal data is accurate and, where necessary, kept up-to-date.
  • Storage Limitation: Data is retained only as long as necessary for the purposes for which it was collected.
  • Integrity and Confidentiality: We implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or destruction.
5.3 User Rights as Data Subjects

Under the Data Protection Act, 2019, you have the following rights:

  • Right to be Informed: To know what personal data we collect and how we process it.
  • Right to Access: To request access to your personal data held by us.
  • Right to Rectification: To request correction of inaccurate or incomplete personal data.
  • Right to Erasure (Right to be Forgotten): To request deletion of your personal data, subject to legal obligations.
  • Right to Restriction of Processing: To request that we limit how we use your personal data.
  • Right to Data Portability: To receive your personal data in a structured, commonly used format.
  • Right to Object: To object to the processing of your personal data.
  • Right to Withdraw Consent: To withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
5.3 Contact for Data Rights

To exercise any of these rights, please contact us at support@ukowapy.com.

  • ('title', '5.3 Contact for Data Rights')
  • ('paragraphs', ['To exercise any of these rights, please contact us at support@ukowapy.com.'])
5.4 Disclosure of Personal Information

The App may disclose personal information of a reported missing person to locating entities, including law enforcement agencies, search organizations, and non-governmental organizations involved in locating missing persons; in response to requests from locating entities where it is unreasonable or impracticable to obtain the missing person's consent; where necessary to make contact with or offer proof of life of the person reported missing; as required by law, regulation, or court order; or to protect the rights, property, or safety of the App, our users, or others.

Important: Use or disclosure of personal information will not occur if it would pose a serious threat to the life, health, or safety of any individual.

5.5 Data Security

We implement appropriate technical and organizational measures to safeguard personal data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

5.6 Data Retention

We retain personal data only for as long as is necessary for the purposes for which it was collected. When data is no longer required, we will securely delete or anonymize it.

  • ('title', '5.4 Disclosure of Personal Information')
  • ('paragraphs', ["The App may disclose personal information of a reported missing person to locating entities, including law enforcement agencies, search organizations, and non-governmental organizations involved in locating missing persons; in response to requests from locating entities where it is unreasonable or impracticable to obtain the missing person's consent; where necessary to make contact with or offer proof of life of the person reported missing; as required by law, regulation, or court order; or to protect the rights, property, or safety of the App, our users, or others.", 'Important: Use or disclosure of personal information will not occur if it would pose a serious threat to the life, health, or safety of any individual.', '5.5 Data Security', 'We implement appropriate technical and organizational measures to safeguard personal data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.', '5.6 Data Retention', 'We retain personal data only for as long as is necessary for the purposes for which it was collected. When data is no longer required, we will securely delete or anonymize it.'])
6. User Conduct and Prohibited Activities

6.1 Prohibited Activities

  • Submit false, misleading, deceptive, or intentionally inaccurate information.
  • Harass, stalk, intimidate, threaten, or defame any individual or group.
  • Infringe the privacy rights, data protection rights, or personality rights of any individual.
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
  • Upload, transmit, or distribute viruses, malware, worms, or any harmful code.
  • Interfere with or disrupt the operation of the App or servers.
  • Use the App in any manner that violates Kenyan law or the rights of any third party.
  • Collect or harvest personal data of other users without their consent.
  • Use the App for any commercial purpose without our express written consent.
6.2 Reporting Violations

If you become aware of any violation of these Terms, including the submission of false or harmful information, please report it to us immediately at support@ukowapy.com.

  • ('title', '6.2 Reporting Violations')
  • ('paragraphs', ['If you become aware of any violation of these Terms, including the submission of false or harmful information, please report it to us immediately at support@ukowapy.com.'])
7. Disclaimer of Warranties

7.1 As-Is Platform

THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UkoWapy MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE APP, INCLUDING BUT NOT LIMITED TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY USER-SUBMITTED INFORMATION, THE SUCCESS OR OUTCOME OF ANY SEARCH FOR A MISSING PERSON, CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE OPERATION OF THE APP, THE SECURITY OF THE APP OR YOUR DATA, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.2 No Reliance on Information

You acknowledge that the App may contain information contributed by third-party users and that such information may not be accurate, complete, or current. You agree not to rely solely on information obtained through the App for any purpose and to independently verify all information before taking action.

7.3 Third-Party Services

The App may contain links to third-party websites or services. These are provided for convenience only, and UkoWapy does not endorse or assume any responsibility for the content, privacy practices, or terms of use of any third-party services. Your use of third-party services is at your own risk.

  • ('title', '7. Disclaimer of Warranties')
  • ('paragraphs', ['7.1 As-Is Platform', 'THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UkoWapy MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE APP, INCLUDING BUT NOT LIMITED TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY USER-SUBMITTED INFORMATION, THE SUCCESS OR OUTCOME OF ANY SEARCH FOR A MISSING PERSON, CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE OPERATION OF THE APP, THE SECURITY OF THE APP OR YOUR DATA, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.', '7.2 No Reliance on Information', 'You acknowledge that the App may contain information contributed by third-party users and that such information may not be accurate, complete, or current. You agree not to rely solely on information obtained through the App for any purpose and to independently verify all information before taking action.', '7.3 Third-Party Services', 'The App may contain links to third-party websites or services. These are provided for convenience only, and UkoWapy does not endorse or assume any responsibility for the content, privacy practices, or terms of use of any third-party services. Your use of third-party services is at your own risk.'])
8. Limitation of Liability

8.1 No Liability for User Actions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UkoWapy, ITS DEVELOPERS, OPERATORS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM YOUR RELIANCE ON INFORMATION POSTED BY OTHER USERS, ANY ACTIONS TAKEN OR NOT TAKEN BY USERS BASED ON INFORMATION FROM THE APP, ANY LOSSES, DAMAGES, OR INJURIES RESULTING FROM USER-SUBMITTED CONTENT, CLAIMS ARISING FROM THE USE OR MISUSE OF PERSONAL DATA BY OTHER USERS, ANY HARM OR DAMAGE CAUSED BY YOUR INTERACTIONS WITH OTHER USERS, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR DATA, ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT, AND ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DELETION, DEFECT, OR DELAY IN OPERATION.

8.2 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF UkoWapy AND ITS AFFILIATES FOR ANY CLAIM ARISING FROM THE USE OF THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU (IF ANY) FOR ACCESSING THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.3 Exceptions

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.

  • ('title', '8. Limitation of Liability')
  • ('paragraphs', ['8.1 No Liability for User Actions', 'TO THE MAXIMUM EXTENT PERMITTED BY LAW, UkoWapy, ITS DEVELOPERS, OPERATORS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM YOUR RELIANCE ON INFORMATION POSTED BY OTHER USERS, ANY ACTIONS TAKEN OR NOT TAKEN BY USERS BASED ON INFORMATION FROM THE APP, ANY LOSSES, DAMAGES, OR INJURIES RESULTING FROM USER-SUBMITTED CONTENT, CLAIMS ARISING FROM THE USE OR MISUSE OF PERSONAL DATA BY OTHER USERS, ANY HARM OR DAMAGE CAUSED BY YOUR INTERACTIONS WITH OTHER USERS, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR DATA, ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT, AND ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DELETION, DEFECT, OR DELAY IN OPERATION.', '8.2 Maximum Liability', 'TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF UkoWapy AND ITS AFFILIATES FOR ANY CLAIM ARISING FROM THE USE OF THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU (IF ANY) FOR ACCESSING THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.', '8.3 Exceptions', 'Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.'])
9. Intellectual Property

9.1 Ownership

All content, design, functionality, user interfaces, text, graphics, logos, trademarks, service marks, software, and other intellectual property associated with the App are the property of UkoWapy or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

9.2 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes.

9.3 Restrictions

  • Copy, modify, distribute, or create derivative works of the App or any part thereof.
  • Reverse engineer, decompile, or disassemble the App.
  • Remove or alter any copyright, trademark, or proprietary notices.
  • Use the App for any commercial purpose without our express written consent.
  • Use the App in any way that infringes our intellectual property rights or those of any third party.
9.4 User Content License

By submitting content to the App, you grant UkoWapy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with the App, subject to applicable data protection laws.

  • ('title', '9.4 User Content License')
  • ('paragraphs', ['By submitting content to the App, you grant UkoWapy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with the App, subject to applicable data protection laws.'])
10. Termination

10.1 Termination by Us

We reserve the right to suspend or terminate your account and access to the App at any time, with or without notice, for any violation of these Terms, conduct that we believe is harmful to the App, our users, or others, any illegal or unlawful activity, inactivity for an extended period, or any other reason at our sole discretion.

10.2 Termination by You

You may terminate your account at any time by contacting us at support@ukowapy.com or by using the account deletion feature within the App.

10.3 Survival

Upon termination, your rights to use the App cease immediately. The following provisions shall survive termination: Sections 4 (Burden of Proof and Liability for Submissions), Section 5 (Data Protection and Privacy) to the extent data retention is permitted, Section 8 (Limitation of Liability), Section 11 (Indemnification), and Section 13 (Governing Law and Dispute Resolution).

  • ('title', '10. Termination')
  • ('paragraphs', ['10.1 Termination by Us', 'We reserve the right to suspend or terminate your account and access to the App at any time, with or without notice, for any violation of these Terms, conduct that we believe is harmful to the App, our users, or others, any illegal or unlawful activity, inactivity for an extended period, or any other reason at our sole discretion.', '10.2 Termination by You', 'You may terminate your account at any time by contacting us at support@ukowapy.com or by using the account deletion feature within the App.', '10.3 Survival', 'Upon termination, your rights to use the App cease immediately. The following provisions shall survive termination: Sections 4 (Burden of Proof and Liability for Submissions), Section 5 (Data Protection and Privacy) to the extent data retention is permitted, Section 8 (Limitation of Liability), Section 11 (Indemnification), and Section 13 (Governing Law and Dispute Resolution).'])
11. Indemnification

You agree to defend, indemnify, and hold harmless UkoWapy, its developers, operators, affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to any information, report, sighting, or content you submit through the App, your violation or breach of these Terms, your violation of any rights of another person, your violation of any applicable law, any legal proceedings arising from your submissions, any dispute between you and another user, and your use or misuse of the App.

  • ('title', '11. Indemnification')
  • ('paragraphs', ["You agree to defend, indemnify, and hold harmless UkoWapy, its developers, operators, affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to any information, report, sighting, or content you submit through the App, your violation or breach of these Terms, your violation of any rights of another person, your violation of any applicable law, any legal proceedings arising from your submissions, any dispute between you and another user, and your use or misuse of the App."])
12. Modifications to Terms

12.1 Updates

We reserve the right to update, modify, or replace these Terms at any time, with or without prior notice. Any changes will be effective immediately upon posting the revised Terms within the App or on our website.

12.2 Acceptance of Changes

Your continued use of the App after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the App and delete your account.

12.3 Notification of Material Changes

We will make reasonable efforts to notify users of material changes to these Terms through the App or via the contact information you have provided.

  • ('title', '12. Modifications to Terms')
  • ('paragraphs', ['12.1 Updates', 'We reserve the right to update, modify, or replace these Terms at any time, with or without prior notice. Any changes will be effective immediately upon posting the revised Terms within the App or on our website.', '12.2 Acceptance of Changes', 'Your continued use of the App after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the App and delete your account.', '12.3 Notification of Material Changes', 'We will make reasonable efforts to notify users of material changes to these Terms through the App or via the contact information you have provided.'])
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 principles.

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, the use of the App, or any user-submitted content shall first be addressed through good-faith informal negotiation for a period of thirty (30) days from the date of written notice of the dispute.

If the dispute is not resolved through negotiation, the parties shall submit the dispute to mediation administered by the Mediation Accreditation Committee of the Kenya Judiciary or another mutually agreed mediator.

If mediation fails, the dispute shall be finally settled by arbitration in accordance with the Arbitration Act, 1995 of Kenya. The arbitration shall be conducted in Nairobi, Kenya, in the English language, and the decision of the arbitrator shall be final and binding on both parties.

In cases where arbitration is not available or applicable, the parties consent to the exclusive jurisdiction of the courts of the Republic of Kenya sitting in Nairobi.

13.3 Waiver of Class Actions

Any dispute resolution proceedings, whether in arbitration, mediation, or court, 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 or class arbitration.

  • ('title', '13. Governing Law and Dispute Resolution')
  • ('paragraphs', ['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 principles.', '13.2 Dispute Resolution', 'Any dispute, controversy, or claim arising out of or relating to these Terms, the use of the App, or any user-submitted content shall first be addressed through good-faith informal negotiation for a period of thirty (30) days from the date of written notice of the dispute.', 'If the dispute is not resolved through negotiation, the parties shall submit the dispute to mediation administered by the Mediation Accreditation Committee of the Kenya Judiciary or another mutually agreed mediator.', 'If mediation fails, the dispute shall be finally settled by arbitration in accordance with the Arbitration Act, 1995 of Kenya. The arbitration shall be conducted in Nairobi, Kenya, in the English language, and the decision of the arbitrator shall be final and binding on both parties.', 'In cases where arbitration is not available or applicable, the parties consent to the exclusive jurisdiction of the courts of the Republic of Kenya sitting in Nairobi.', '13.3 Waiver of Class Actions', 'Any dispute resolution proceedings, whether in arbitration, mediation, or court, 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 or class arbitration.'])
14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and UkoWapy regarding the use of the App and supersede all prior or contemporaneous communications, whether written or oral.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of UkoWapy.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, government actions, pandemics, or internet service failures.

14.6 Notices

All notices required or permitted under these Terms shall be in writing and sent to UkoWapy: support@ukowapy.com or [Insert Physical Address]. You: To the email address or contact information associated with your account.

14.7 No Agency

Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and UkoWapy.

14.8 Interpretation

Headings and subheadings are for convenience only and shall not affect the interpretation of these Terms. Words importing the singular shall include the plural and vice versa.

  • ('title', '14. General Provisions')
  • ('paragraphs', ['14.1 Entire Agreement', 'These Terms constitute the entire agreement between you and UkoWapy regarding the use of the App and supersede all prior or contemporaneous communications, whether written or oral.', '14.2 Severability', 'If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Terms, and the remaining provisions shall continue in full force and effect.', '14.3 Waiver', 'Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of UkoWapy.', '14.4 Assignment', 'You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.', '14.5 Force Majeure', 'We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, government actions, pandemics, or internet service failures.', '14.6 Notices', 'All notices required or permitted under these Terms shall be in writing and sent to UkoWapy: support@ukowapy.com or [Insert Physical Address]. You: To the email address or contact information associated with your account.', '14.7 No Agency', 'Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and UkoWapy.', '14.8 Interpretation', 'Headings and subheadings are for convenience only and shall not affect the interpretation of these Terms. Words importing the singular shall include the plural and vice versa.'])
15. Contact Information

For questions about these Terms, data protection, or to exercise your rights under the Data Protection Act, 2019, please contact us:

  • Email: support@ukowapy.com
  • Phone: [Insert Phone Number]
  • Physical Address: [Insert Physical Address]
  • Data Protection Officer: [Insert DPO Name and Contact]
  • Website: https://ukowapy.com
Acknowledgment

BY DOWNLOADING, REGISTERING, OR USING THE APP, YOU ACKNOWLEDGE THAT:

  • YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS.
  • YOU AGREE TO BE BOUND BY THESE TERMS.
  • YOU ACCEPT THAT THE BURDEN OF PROOF FOR ANY INFORMATION YOU SUBMIT RESTS SOLELY WITH YOU.
  • YOU AGREE TO INDEMNIFY UkoWapy AGAINST ANY CLAIMS ARISING FROM YOUR SUBMISSIONS.
  • YOU CONSENT TO THE COLLECTION, PROCESSING, AND USE OF YOUR PERSONAL DATA AS DESCRIBED IN THESE TERMS.
Implementation Checklist

Before launching your app, ensure you:

  • Replace all instances of [APP NAME] with your chosen app name.
  • Replace [Insert Date] with the effective date.
  • Replace [Insert Email Address] with your official support email.
  • Replace [Insert Phone Number] with your contact number.
  • Replace [Insert Physical Address] with your registered office address.
  • Replace [Insert DPO Name and Contact] with your Data Protection Officer details.
  • Replace [Insert Website URL] with your website (if applicable).
  • Have the Terms reviewed by a Kenyan-qualified attorney.
  • Add a check box at registration: "I have read and agree to the Terms and Conditions".
  • Add a pre-submission warning for the burden of proof clause.
  • Create a separate, concise Privacy Notice.
  • Register with the Office of the Data Protection Commissioner (ODPC) as a data controller or processor.
[END OF TERMS AND CONDITIONS]