Terms and Conditions

General Provisions

These Terms and Conditions including the terms, policies, guidelines and instructions referred to herein (Terms and Conditions) is an agreement between:

IKI TECH LTD (hereinafter referred to as ‘IKI’)
The end-user (hereinafter referred to as ‘you’, or ‘your’)

IKI is an innovative wellness app specifically crafted for health and wellness enthusiasts who lead busy lives. Our app aims to empower individuals by assisting them in achieving a harmonious balance between maintaining a healthy and fit lifestyle, even with their demanding schedules.

This agreement governs your access to and use of IKI services including, the mobile software application (the ‘App’), website (___________________) and other products and services provided under IKI.

By using any of the services and products, you agree to these Terms and Conditions.

If you are using the services and products on behalf of a business, you represent to IKI that you have authority/capacity to bind that business or entity to these Terms and Conditions that business or entity accepts these Terms and Conditions.

1. IKI Account Registration

In order to use the Services, you must create an account.

During registration, IKI will ask you for information which may include but not be limited to your name, email address, health status from age, sex, weight etc, food and eating options, contact details and other personal information.

You must provide accurate and complete information. IKI can suspend or terminate your account if you provide incomplete or false information.

You represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed, that you will perform under these IKI Terms in compliance with all applicable laws, rules and regulations, and that all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.

You must inform IKI of any changes and update the information in your IKI account accordingly without undue delay.

You are fully responsible for all activity that occurs under your IKI account, including for any actions taken by persons whom you granted access.

2. Eligibility and your Access Rights

By using IKI, you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.

No individual under the age of 18 may use the Services or provide us with any personal information. We implement technical measures to prevent individuals under the age of 18 from creating an account or otherwise using our Services. If we become aware that an individual under 18 may have provided us with personal information, we will investigate and if applicable, take steps to remove the data and delete that individual’s account.

You are responsible for ensuring that that your email address, password and other personalized security features (security credentials) are kept safe and secure.

3. IKI’s obligations

You agree that IKI may at any time update or modify the Services. IKI will always attempt to notify you of any such updates or modifications with reasonable notice.

Your ability to use the Services is dependent on independent services off IKI, including software applications, provided to you by third parties (such as Internet, data traffic and network services). Such third parties may charge you fees for accessing and using such services and applications to use the Services and you are solely responsible to pay such fees. IKI does not own, control or have any responsibility or liability for any third-party services or software applications you select to use in connection with the Services. IKI does not accept or assume any responsibility or liability for the operation or security of any third-party services or software applications, for your inability to use the Services as a result of any third party services or software applications or for your breach of the terms of your contract with any third party services or software applications as a result of using the Services or otherwise.

4. Paid Services

IKI services include both Paid Services to be paid on a recurring basis (Subscription Services) and on the initial purchase and on an as-used basis (‘A La Carte Services’).

Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree that these Terms and Conditions will govern your access to, and use of the Services included in, the Subscription, in addition to any Additional Terms. A Subscription will automatically renew each month until you terminate it in accordance with these Terms and Conditions or any Additional Terms.

We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such change.

By using an A La Carte Service, you agree to pay the fees and any Taxes incurred at the time of initial purchase and its usage.

5. Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, reported, paid, or withheld for any reason for the sale of your products and services and any payments you receive in connection with your use of our Services ("Taxes"). You are solely responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate tax authority. IKI are not obligated to, nor will we determine whether Taxes apply or assume any liability in relation thereto, or calculate, collect, report dealing with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our Terms and Conditions or other applicable agreements or policies, or to take any other actions consistent with applicable law.

6. Data Protection

Any personal information collected in relation to the use of this website will be held and used in accordance with IKI‘s Privacy Policy.

7. Your Content

In connection with IKI, you may be able to upload or provide photos, logos, products and other materials or information ("Content"). You agree that you will not upload or provide any Content unless you have created that Content yourself or you have permission from the content owner to do so.

You grant us, our affiliates and our successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform and publicly display your Content in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights granted to us in these Terms and Conditions.

You may modify or remove your Content or terminating your IKI Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You agree not to upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, threatening, harassing, hateful or abusive, b) encourages conduct that would be considered a criminal offense or gives rise to civil liability, c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property, d) contains corrupted data or any other harmful, disruptive or destructive files, or e) is illegal and contrary to the laws of the Jurisdiction f) in our sole judgment, is objectionable or which may expose us, our affiliates or other end users to harm or liability of any nature.

8. Intellectual Property Rights (IPRs)

IKI as a name, logo, signs, domain names, email addresses and anything related to IKI’s services and products (including but not limited to copyrights, patents, database rights, design right, trademarks) are owned by IKI. You shall not acquire any right, title or interest in any such IPRs by reason of the Services or the Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.

You may use the IKI’s website, App and services only for the purpose of the bona fide use of our services as an individual, business or entity and only as permitted by these Terms and Conditions. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. The Website, App and services may not be used for the purpose of testing the Service or to obtain information about the service or about us. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Service; and/or (b) remove or alter any copyright, trade mark or other proprietary notice.

9. Your Licence

IKI grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sub licensable licence to electronically access and use the services solely to manage your IKI Account and utilise such other services as we may makeliteral: true

For avoidance of doubt, The Services are licenced and not sold. IKI reserves all rights not expressly granted to you in these Terms and Conditions and any Additional Terms. The Services are protected by patent, copyright, trademark, trade secret and other intellectual property laws. As between you and IKI, IKI own the title, copyright and other worldwide intellectual property rights in the Services and all copies of the Services. Neither these Terms and Conditions nor any Additional Terms grants you any rights to our trademarks or service marks.

You may choose to or we may invite you to submit comments or feedback relating to the Services, including without limitation about how to improve the Services or our other products or services ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction, that it will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, IKI does not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

10. Third Party Products/Services and Links to other websites/affiliates

All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. IKI makes no representations or warranties, express or implied, with respect to such third party products, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose.

You may be offered services, products and promotions provided by third parties and not by IKI, including, but not limited to, third party developers who use IKI services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the Terms and Conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not IKI. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by IKI. Such third party websites are not governed by these Terms and Conditions. You access any such website at your own risk. IKI expressly disclaims any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.

11. Indemnity

You will indemnify, defend, and hold IKI and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable Advocates’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the Kenya or any other country or any inaccuracy in any Tax Information provided hereunder; (e) any third-party claims made in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which IKI provides, or provided, you with payment processing services in accordance with the Terms.

12. No Warranties

IKI provides the Services to you on an "as is" and "as available" basis without any warranty or condition, express or implied, except as specifically stated in these Terms and Conditions.

IKI does not warrant, represent or guarantee in any way that the services are accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted, error-free, without defect or secure; that any defects or errors in the services will be corrected; or that the services are free of viruses or other harmful components or fit for any particular purpose.

IKI does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party. IKI does not have control of, or liability for, goods or services that are paid for using the services.

13. Communication

You consent to accept and receive communications from us, including e-mail, text messages, calls and push notifications to the cellular telephone number you provide to us when you sign up for a IKI Account.

Such communications may include, but are not limited to requests for secondary authentication (when applicable), receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialling systems. Standard message and data rates applied by your phone carrier may apply to the text messages we send you. For all standard communication, we reserve the right to communicate to you in English or Kiswahili.

14. Termination

These Terms and Conditions and any Additional terms are effective upon the date you agree to them and will in force until terminated by IKI.

IKI may terminate these Terms and Conditions or any Additional Terms, or suspend or terminate your IKI Account or your access to any Service, at any time for any reason. IKI may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service.

If your IKI Account is suspended or closed or these Terms and Conditions or Additional Terms are terminated by IKI, you agree: a) to continue to be bound by these Terms and Conditions and any Additional Terms until any outstanding liabilities and obligations between you and us have been finally settled, b) to immediately cease your use of the Services, c) that the licence granted under these Terms and Conditions and any Additional Terms will terminate, d) that we may delete all of your information and account data stored on our servers, unless we are required to retain such information under applicable law, and e) that we will not be liable to you for compensation, reimbursement or damages in connection with the deletion of your information or account data.

IKI will not be liable to you for compensation, reimbursement or damages in connection with any termination of these Terms and Conditions, any Additional Terms or closing or suspension of your IKI Account. Any closure or suspension of your IKI Account does not relieve you of your obligations under these Terms and Conditions or any Additional Terms.

15. Amendments to the Terms and Conditions

IKI has the right to amend, delete or add to these Terms and Conditions and any Additional Terms and change, delete, discontinue or impose conditions on any feature or aspect of the Services at any time.

IKI will usually give you 30 days’ notice of any change, except when: IKI may give more notice where this is required by mandatory law or need to make changes more quickly.

16. Partner Applications

Through your IKI Account settings, you may give, remove and manage authorisations for certain third party service providers ("Partners") to take certain actions on your behalf by connecting to your IKI Account, such as to access and retrieve your IKI Account data. By authorising a third party software application (a "Partner App") to connect to your IKI Account you are authorising and instructing us to permit the Partner App to take such actions as are permitted by your authorisations. A Partner App, once authorised, will continue to have access to your IKI Account and be authorised to take such actions as are permitted by your authorisations until you actively withdraw your authorisation by changing the settings in your IKI Account. You acknowledge that the access to your IKI Account data by a Partner and the use of any service of a Partner is governed solely by the Terms and Conditions and policies of such Partner. You are solely responsible for your access to and use of Partner Apps and you are therefore advised to carefully read any terms and conditions and policies concerning your access to and use of Partner Apps. You acknowledge and agree that you will not hold IKI responsible for, and will indemnify us from, any liability arising from the actions or inactions of any Partners in connection with any authorisations you give.

17. Force Majeure

No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications or internet failures, utility failures, power failures, equipment failures, employment strike, riots, war, terrorist attack, non-performance of vendors or suppliers or other causes over which the respective party has no reasonable control.

Notwithstanding the foregoing, a party shall not be liable under these Terms and Conditions or any applicable Additional Terms (or portion thereof) in cases of abnormal and unforeseeable circumstances beyond the control of such party to the extent the consequences of such circumstances would have been unavoidable, or where we are bound by other legal obligations covered by this jurisdiction’s law.

You agree that you will remain liable for all fees incurred for Services that we provide under these Terms and Conditions or any applicable Additional Terms and nothing in this Section 17 will result in a waiver of any such fees.

18. Severability

If any Court or competent authority holds that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, that shall not affect the other Terms and Conditions which will continue in full force and effect to the fullest extent permitted by the laws of Kenya.

19. Governing law

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

Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions or any Additional Terms, or the breach, termination or invalidity thereof, will be submitted to the exclusive jurisdiction of the competent courts of Kenya.

Last updated: April 13, 2025