1. Introduction & Acceptance of Terms

Welcome to Ndovesha.

Ndovesha is an AI-powered software platform operated by NdovuCloud Technologies Limited ("Ndovesha", "we", "our", or "us").

These Terms of Service ("Terms") govern your access to and use of Ndovesha, including our website, applications, APIs, AI tools, integrations, software, features, and related services.

By creating an account, accessing, or using Ndovesha, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use Ndovesha.

These Terms are intended to align with applicable laws including:

• Kenya Data Protection Act, 2019
• Applicable Kenya ICT regulations
• European Union General Data Protection Regulation (GDPR)
• Applicable United States consumer and privacy laws
• Other applicable international regulations

2. Eligibility & User Requirements

To use Ndovesha, you must:

• Be at least eighteen (18) years old or possess legal capacity under applicable law
• Provide accurate, complete, and current account information
• Maintain the accuracy of account information
• Use Ndovesha only for lawful purposes
• Comply with all applicable laws and regulations

You are responsible for activities occurring under your account.

Ndovesha reserves the right to refuse access, suspend accounts, or terminate services where permitted by law.

3. Account Registration & Security

Certain Ndovesha features require account registration.

You agree to:

• Maintain confidentiality of account credentials
• Use strong passwords and appropriate security practices
• Notify Ndovesha immediately if unauthorized access occurs
• Ensure connected third-party accounts remain properly authorized
• Maintain updated contact information

You are responsible for activities occurring through your account unless otherwise required by applicable law.

Contact security concerns: [email protected]

4. License to Use Ndovesha

Subject to compliance with these Terms, Ndovesha grants you a limited, revocable, non-exclusive, non-transferable license to access and use the platform for legitimate business and professional purposes.

You may not:

• Reverse engineer platform systems
• Copy platform software
• Reproduce platform functionality
• Circumvent security systems
• Access source code
• Resell platform access without authorization
• Attempt unauthorized infrastructure access
• Use Ndovesha outside intended platform functionality
• Create derivative works from protected platform technologies except where permitted by law

All rights not expressly granted remain reserved.

5. Acceptable Use Policy

You agree not to use Ndovesha to:

• Violate applicable laws
• Upload unlawful content
• Distribute malware or harmful software
• Conduct fraudulent activity
• Impersonate individuals or organizations
• Send spam or unauthorized communications
• Infringe intellectual property rights
• Harass, threaten, or abuse others
• Scrape platform systems without authorization
• Benchmark platform performance without permission
• Circumvent technical limitations
• Abuse automation systems
• Attempt extraction of AI models or proprietary technologies
• Upload harmful code
• Interfere with platform operations
• Engage in deceptive practices
• Use Ndovesha to violate third-party platform rules
• Upload content promoting illegal activity

Violation may result in suspension, restriction, or termination.

6. AI Features, Generated Content & User Responsibility

Ndovesha is an AI-powered platform designed to generate, optimize, automate, and assist with digital content creation, websites, marketing assets, workflows, analytics insights, business productivity processes, and related outputs.

Ndovesha AI functionality may include:

• AI-generated text
• AI-generated marketing assets
• AI-generated website components
• AI-generated visual content
• AI-powered recommendations
• AI-assisted automation
• Analytics insights
• Content enhancement tools
• Workflow automation
• AI-powered business tools
• Integration-powered automations

Outputs created through Ndovesha ("Generated Content") are produced using machine learning systems, artificial intelligence technologies, automation tools, and third-party AI infrastructure.

You acknowledge and agree:

• AI outputs may contain inaccuracies
• AI-generated outputs may require editing or verification
• Generated Content may not always be unique
• Similar outputs may be generated for multiple users
• Human review is required before publication or business reliance
• Ndovesha does not guarantee Generated Content will be accurate, original, lawful, complete, or fit for a specific purpose
• Users remain solely responsible for reviewing, approving, publishing, distributing, or relying upon Generated Content

Users may not use Ndovesha AI systems to generate:

• Illegal material
• Fraudulent communications
• Defamatory content
• Harmful or malicious content
• Intellectual property violations
• Spam communications
• Discriminatory content
• Deceptive material
• Content violating third-party policies
• Content violating applicable laws

Ndovesha reserves the right to update, improve, replace, retrain, restrict, suspend, or modify AI systems without prior notice.

7. User Content Ownership & Platform License

Users retain ownership rights to content uploaded, connected, submitted, imported, or generated through Ndovesha ("User Content"), subject to applicable laws and third-party rights.

By providing User Content, users grant Ndovesha a worldwide, non-exclusive, royalty-free license to:

• Host
• Store
• Process
• Analyze
• Display
• Reformat
• Secure
• Backup
• Transmit
• Improve platform functionality
• Operate integrations
• Maintain services
• Improve platform performance where legally permitted

This license exists solely to provide, maintain, secure, improve, and operate Ndovesha.

Users represent and warrant:

• They own User Content or possess necessary permissions
• User Content complies with applicable laws
• User Content does not violate intellectual property rights
• User Content does not violate privacy rights
• User Content does not violate contractual obligations

Ndovesha reserves the right to remove content violating these Terms.

8. Payments, Billing & Subscriptions

Certain Ndovesha services require paid subscriptions.

By subscribing:

• You authorize recurring billing where applicable
• Fees apply according to selected plans
• Billing cycles are disclosed during purchase
• Taxes may apply where required by law

Unless otherwise required by applicable law:

• Payments are non-refundable
• Partial billing periods are not refunded
• Cancellation prevents future billing only

Failure to complete payment may result in restricted platform access.

Payments may be processed by authorized third-party payment providers.

Ndovesha reserves the right to modify pricing with reasonable notice.

9. Third-Party Services, APIs & Integrations

Ndovesha integrates with third-party services to provide platform functionality.

These may include:

• Google services
• Meta services
• LinkedIn services
• Social media networks
• CRM providers
• Payment providers
• Cloud hosting providers
• Email systems
• Analytics providers
• AI infrastructure providers
• Authentication providers
• External APIs
• Automation systems

Connecting external accounts authorizes Ndovesha to access, retrieve, process, store, and exchange authorized account information solely to provide requested functionality.

Users acknowledge:

• Third-party providers operate independently
• Third-party services maintain separate policies and terms
• API changes may affect functionality
• Third-party outages may impact services
• External restrictions may affect integrations
• Ndovesha cannot guarantee uninterrupted integration availability

Ndovesha is not responsible for:

• Third-party outages
• API failures
• External platform restrictions
• Third-party policy changes
• Data limitations imposed by third parties
• External service interruptions

Users connecting integrations represent that they possess authority to authorize access.

Ndovesha may modify, suspend, or disable integrations without liability.

10. API Access & Developer Usage

If API access is made available:

Users may not:

• Circumvent API limitations
• Abuse rate limits
• Attempt unauthorized access
• Use APIs unlawfully
• Resell API access without authorization
• Abuse infrastructure resources

Ndovesha may modify, suspend, limit, or revoke API access.

11. Service Availability, Infrastructure & Platform Changes

Ndovesha continuously develops and improves platform functionality.

Users acknowledge:

• Maintenance may affect availability
• Infrastructure providers may experience outages
• AI systems may require updates
• External dependencies may affect platform performance
• Features may change over time

Ndovesha does not guarantee:

• Continuous uptime
• Uninterrupted availability
• Error-free functionality
• Permanent availability of specific features
• Compatibility with all external systems

Platform functionality may be added, modified, replaced, or removed.

12. Beta Features

Ndovesha may release experimental, preview, beta, or early-access functionality.

Beta features:

• May contain errors
• May change without notice
• May be discontinued
• Are provided "as available"

Users assume risks associated with beta functionality.

13. Intellectual Property

Ndovesha and its software, technology, code, AI systems, branding, visual assets, workflows, designs, trademarks, documentation, and related materials are owned by Ndovesha or its licensors and protected under applicable intellectual property laws.

Users may not:

• Copy
• Reproduce
• Modify
• Distribute
• License
• Sell
• Create derivative works
• Commercially exploit protected materials

Unauthorized use is prohibited.

14. Privacy, Data Handling & International Processing

Data handling practices are governed by the Ndovesha Privacy Policy.

The Privacy Policy forms part of these Terms.

By using Ndovesha, users acknowledge information may be collected, processed, stored, analyzed, transferred, secured, deleted, or retained for purposes including:

• Platform operation
• AI processing
• Service delivery
• Fraud prevention
• Security protection
• Product improvement
• Customer support
• Analytics
• Compliance obligations

Data may be processed internationally where infrastructure providers, integrations, or service operations require cross-border processing.

Ndovesha implements commercially reasonable safeguards to protect information.

15. Security Responsibilities

Ndovesha implements reasonable administrative, organizational, and technical safeguards.

However, no platform can guarantee absolute security.

Users remain responsible for:

• Protecting credentials
• Securing integrations
• Protecting API keys
• Restricting unauthorized access
• Maintaining secure systems
• Monitoring connected accounts

Users must notify [email protected] if they suspect:

• Credential compromise
• Unauthorized account access
• Integration misuse
• Security incidents

Ndovesha reserves the right to investigate and respond to security incidents.

16. Suspension & Termination

Ndovesha may suspend, restrict, or terminate accounts where:

• Terms are violated
• Fraud is suspected
• Security threats arise
• Harm occurs to users or systems
• Required by law

Users may discontinue platform use at any time.

Termination does not remove outstanding payment obligations.

17. Disclaimers

Ndovesha is provided "AS IS" and "AS AVAILABLE."

To the maximum extent permitted by law, Ndovesha disclaims warranties including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Reliability
• Availability
• Accuracy

Use occurs at the user's own risk.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Ndovesha shall not be liable for:

• Indirect damages
• Incidental damages
• Consequential damages
• Lost profits
• Lost revenue
• Data loss
• Reputation damage
• Service interruptions
• Third-party failures
• AI output inaccuracies
• Decisions based on AI-generated outputs
• Marketing performance outcomes
• Advertising performance outcomes
• Search ranking outcomes
• Business losses

Users acknowledge AI systems involve probabilistic technologies and operational limitations.

Where liability cannot legally be excluded, total liability shall not exceed amounts paid to Ndovesha during the preceding twelve (12) months.

19. Indemnification

You agree to defend, indemnify, and hold harmless Ndovesha against claims, liabilities, damages, losses, costs, expenses, and legal fees arising from:

• Violation of these Terms
• Misuse of the platform
• User Content
• Violation of applicable laws
• Third-party claims resulting from your activities

20. Force Majeure

Ndovesha shall not be liable for delays or failures caused by events beyond reasonable control including:

• Internet outages
• Infrastructure failures
• Cybersecurity incidents
• Natural disasters
• Government actions
• Labor disputes
• Third-party provider failures
• Utility failures
• Telecommunications disruptions

21. Export Compliance & Restricted Use

Users may not access or use Ndovesha where prohibited by applicable sanctions laws, export controls, or trade restrictions.

Users represent that they are not prohibited from accessing Ndovesha under applicable laws.

22. Governing Law & Dispute Resolution

These Terms are governed by the laws of Kenya.

Parties agree to first attempt good-faith negotiation.

Where resolution cannot be reached, disputes shall be resolved through confidential arbitration in Nairobi, Kenya, unless applicable law requires otherwise.

Nothing limits rights that cannot legally be waived.

23. Changes to Terms

Ndovesha may update these Terms periodically.

Updated Terms become effective upon publication unless otherwise stated.

Continued use following updates constitutes acceptance.

By using Ndovesha, you acknowledge that you have read, understood, and agree to these Terms of Service.