Terms of Service

Effective Date: 25-Sep-2023
Last Updated: 05-Mar-2024

Acceptance of Terms

This website (“https://thinkybuddy.com/”) is owned and operated by Thinky Buddy, a registered business based in Kenya. As you navigate our website, the terms ‘we,’ ‘us,’ ‘our’ and ‘Site’ pertain to Thinky Buddy. We provide this website, along with all the services, information and tools it offers, to you, the user. By accessing the website, you affirm that you’ve read, comprehended, and consent to adhere to all of the Terms of Service, conditions, policies and notices outlined here. If you do not concur with all the provisions of these Terms of Service, you are explicitly not permitted to use the Website, and you should promptly cease any further use.

When you access and use this Website, your agreement is implied to be bound by these terms, which include any additional terms, conditions, and policies mentioned herein and accessible via hyperlinks. These Terms of Service are applicable to all users of the website, encompassing but not limited to individuals who browse, offer goods or services, make purchases, engage in commercial activities, and contribute content.

Additional Terms of Service, documents, any new features, services, or tools that might be published on the website periodically are explicitly included by reference in this agreement. We retain the sole discretion to amend or adjust or replace any portion of these Terms of Service at any time and for any purpose by posting revisions or amendments on our website. We will inform you of any changes by revising the ‘Last updated’ date of these Terms of Service. By doing so, you relinquish any entitlement to receive individual notifications for each alteration.

Your ability to access and utilize our website and services is further contingent upon your acceptance and adherence to the Company’s Privacy Policy. Our Privacy Policy outlines our practices and protocols regarding the collection, utilization, and disclosure of your personal information when you interact with the website. It also informs you about your privacy rights and the legal safeguards in place to protect your information. We encourage you to thoroughly review our Privacy Policy before making use of our website and services.

It is your duty and responsibility to regularly examine these Terms of Service to stay informed about any updates. Your continued use of the Website after the posting date of any revised Terms of Service implies your acceptance of and acknowledgment of those changes therein.

The information provided on the website is not meant for dissemination to, or utilization by, any individual or entity in a jurisdiction or country where such distribution or usage would violate local laws or regulations, or necessitate our registration within that jurisdiction or country. Hence, individuals who opt to access the Site from different locations do so at their own discretion and bear the sole responsibility for adhering to local laws, in the event that such laws are relevant or applicable.

The website is intended for users who are a minimum of 18 years old. Users who are considered minors in their respective jurisdiction, typically under the age of 18, must obtain consent and direct supervision from their parent or guardian in order to use the Site. If you are a minor, it’s essential for your parent or guardian to review and consent to these Terms of Service before you can use the website.

We kindly request that you carefully review these Terms of Service prior to visiting or using our website. By accessing any part of the website or using its features, your agreement to abide by these Terms of Service is implied. If you do not concur with all the terms and conditions outlined in this agreement, please refrain from accessing the website or utilizing any of our services. Should these Terms of Service be regarded as an offer, acceptance is explicitly restricted to these very Terms of Service.

Intellectual Property Rights

Unless explicitly stated otherwise, the website is our exclusive property, encompassing all elements such as source code, databases, functionalities, software, web designs, audio, video, text, images, and graphics collectively referred to as the ‘Content,’ along with the trademarks, service marks, and logos referred to as the ‘Marks.’ These assets are either under our ownership or are licensed to us and are safeguarded by copyright, trademark laws, various other intellectual property rights, as well as the regulations of unfair competition within the Republic of Kenya, foreign jurisdictions, and international agreements.

The Content and Marks are presented on the website ‘AS IS’ for your informational and personal use exclusively. Unless expressly permitted in these Terms of Service, no aspect of the website, no Content or Marks may be duplicated, reproduced, consolidated, republished, uploaded, posted, publicly exhibited, encoded, translated, transmitted, disseminated, sold, licensed, or exploited for any commercial purpose without our explicit, prior written consent.

Subject to your eligibility to use the website, you are granted a restricted license to access and use the website, allowing you to download or print a portion of the Content, provided you have rightfully obtained access, and solely for your personal, non-commercial use. We preserve all rights that have not been expressly granted to you in relation to the Site, Content, and Marks.

Product and Services

To ensure transparency and a smooth experience, we have established the following guidelines related to sales, services, product availability and descriptions:

We reserve the right to limit the sale of our products or services to individuals, specific geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis.
We retain the right to limit the quantities of any products or services offered. This ensures fair access for all clients.
All product descriptions and pricing information provided on our website are subject to change without prior notice. These changes are made at our sole discretion
We may choose to discontinue any product at any time. In such cases, clients will be duly informed.
Any product or service offers made on our site are void where prohibited by law.
While we strive for the highest quality in our products and services, we do not warrant that they will always meet your specific expectations. However, we are committed to addressing any issues promptly and professionally.
We work diligently to ensure our services are error-free. However, in the event of any service errors, we will make all reasonable efforts to correct them.

Price and Service Changes

We are committed to providing you with exceptional services and products. However, we acknowledge that circumstances may require adjustments to our offerings. Therefore, we want you to be aware of our policies regarding price and service changes:

Prices for our products and services are subject to change without prior notice.
We may modify the pricing structure to better reflect the value and quality of our offerings.
These price adjustments may occur at any time, and they will apply to future purchases or renewals.
We reserve the right to make changes to our products or services, or any part of them, without prior notice.
These modifications may include adding, enhancing, or discontinuing specific features or services.
While we strive to inform our users of any significant changes, we are not obligated to provide advance notice of price adjustments or service modifications.
Please note that any third-party costs associated with the use of our services, such as domain registration fees, are not under our control and may be subject to their pricing changes.

Thinky Buddy will not be held responsible to you or any third-party for any financial loss or inconvenience resulting from changes in prices, service offerings, suspension, or discontinuation of our products or services or third-party costs. We are committed to maintaining the high quality of our services and will make every effort to ensure that any changes benefit our valued users.

Account Information and Billing

We strive to provide exceptional services and maintain a secure environment for our clients. To ensure accuracy and transparency in all financial transactions, we have established the following guidelines regarding billing and account information:

Clients are responsible for maintaining accurate and up-to-date information within their Thinky Buddy accounts. This includes contact details, billing information, and any other relevant data.
Clients must provide accurate billing information when making payments for our services. This includes valid payment methods, such as credit cards or bank accounts.
By using our services, clients authorize us to charge the provided payment method for the agreed-upon fees. This authorization extends to any additional charges for services, as agreed upon.
If a client believes there is a discrepancy in billing or a fraudulent charge on their account, they should promptly contact us to resolve the issue. We will investigate and address the matter in a timely manner.
Clients should immediately update their account information if any changes occur, such as a new billing address, phone number, or payment method. Accurate information is essential to ensure uninterrupted service and proper communication.
Clients are responsible for ensuring timely payments for the services they use. Late payments may attract a late fee or even result in the suspension or termination of services, as outlined in our Terms of Service.
Clients may be eligible for refunds in certain cases. It is essential to adhere to the guidelines and deadlines specified in that policy.
Protecting your account credentials is vital. Clients should keep their login information confidential and inform us if they suspect unauthorized access to their account.

Clients are accountable for the actions and charges associated with their account. We expect all clients to use our services in accordance with our policies and in a lawful manner.

User Representations

By utilizing the website and our services, you affirm and guarantee that:

The registration information you furnish is truthful, precise, up-to-date, and complete.
You will uphold the accuracy of such information and promptly make updates when necessary.
You possess the legal capacity and commit to adhering to these Terms of Service.
You are not below the age of 18.
You are not considered a minor according to the laws of your jurisdiction. If you are a minor, you have obtained parental consent to use the Site.
You will not access the Site through automated or non-human methods, including bots, scripts, or any other means.
You will not employ the Site for any illicit or unauthorized purposes.
Your use of the Site will not infringe upon any relevant laws or regulations.

Should you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny access to the website, either temporarily or permanently, for all current and future usage (or any section thereof).

User Registration

You may be required to register with the website You consent to maintaining the confidentiality of your password and take responsibility for all activities conducted through your account and password. We retain the authority to withdraw, recover, or alter a username of your choice if, at our sole discretion, we find such a username to be unsuitable, indecent, or objectionable

Prohibited Activities

When accessing or using the website, you must do so solely for its intended purpose as offered by us. The website may not be employed for commercial activities unless specifically approved by us.

As a user of the Site, you are in agreement not to:

Systematically extract data or other content from the Site to create a collection, compilation, database, or directory without our written consent.
Engage in unauthorized use of the Site, which includes the collection of usernames and/or email addresses through electronic or other means for the purpose of sending unsolicited emails, or the creation of user accounts through automated or deceptive methods.
Use a buying agent or purchasing agent for transactions on the Site.
Utilize the Site for advertising or the sale of goods and services.
Attempt to bypass, disable, or interfere with security features of the Site, including measures that prevent or limit the use or reproduction of any Content or enforce constraints on the Site and/or its Content.
Undertake unauthorized framing or linking to the Site.
Deceive, defraud, or mislead us and other users, especially in an effort to obtain sensitive account information like user passwords.
Misuse our support services or submit false reports of abuse or misconduct.
Engage in automated system use, such as scripting comments or messages, or employ data mining, robots, or similar data collection and extraction tools.
Disrupt, interfere with, or create an undue burden on the Site or the connected networks and services.
Attempt to impersonate another user or individual, or use another user’s username.
Sell or transfer your profile.
Use information obtained from the Site to harass, abuse, or harm another individual.
Utilize the Site in any effort to compete with us or engage in revenue-generating or commercial activities involving the Site and/or its Content.
Attempt to decompile, disassemble, reverse engineer, or decrypt any software components of the Site.
Try to circumvent Site measures designed to prevent or restrict access.
Harass, annoy, intimidate, or threaten our employees or agents involved in delivering the Site.
Remove copyright or proprietary rights notices from Content.
Copy or adapt the Site’s software, including code such as Flash, PHP, HTML, JavaScript, or others.
Upload or transmit viruses, Trojan horses, or disruptive materials, including excessive use of capital letters and spamming, that hinders others’ use and enjoyment of the Site or modifies, damages, disrupts, or interferes with its functionality.
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, such as gifs, pixels, web bugs, cookies, or similar devices (commonly known as spyware or passive collection mechanisms).
Except for standard search engine or browser usage, use, develop, or distribute any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers that access the Site or launch unauthorized scripts or software.
Degrade, tarnish, or otherwise harm us and/or the Site as we determine.
Use the Site in a manner that conflicts with applicable laws or regulations.

User Generated Contributions

The website may offer you opportunities to engage in chats, contribute to blogs, participate in message boards, online forums, and other interactive features. You may also have the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website. These materials include, but are not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, questions, ideas, feedback, or other information regarding the website or other content, collectively referred to as ‘Contributions.’

Contributions may be accessible to other users of the Site and may appear on third-party websites. Consequently, any Contributions you share should not be considered confidential or proprietary. When you create or make available Contributions, you affirm and guarantee that:

The creation, distribution, transmission, public display, or performance, as well as the accessing, downloading, or copying of your Contributions, will not violate the intellectual property rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the original creator and owner of, or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the website, and other users of the website to employ your Contributions in any manner envisaged by the website and these Terms of Service.

You have obtained the written consent, release, and/or permission from every identifiable individual featured in your Contributions to use their name or likeness to facilitate the inclusion and utilization of your Contributions in a manner consistent with the Site and these Terms of Service.

Your Contributions are accurate and not misleading.
Your Contributions are not unsolicited or unauthorized advertisements, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
Your Contributions are not explicit, offensive, indecent, obscene, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not endorse the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not contravene any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain material that seeks personal information from individuals under the age of 18 or exploits individuals under the age of 18 in a sexual or violent manner.
Your Contributions do not infringe any federal or state laws related to child pornography or those aimed at safeguarding the welfare of minors.
Your Contributions do not contain offensive comments associated with race, national origin, gender, sexual preference, or physical disability.
Your Contributions do not otherwise infringe upon, or link to content that violates, any provision of these Terms of Service or any relevant laws or regulations.

Any use of the website that breaches the above stipulations infringes upon these Terms of Service and may lead to, among other consequences, the suspension or termination of your rights to use the Site.

Contribution License

By posting your Contributions on any part of the website, or by making Contributions accessible to the website through the linking of your account from the website to your social networking accounts, you automatically grant us an unrestricted, limitless, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, global right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions, including your image and voice, for any purpose, whether commercial, promotional, or otherwise.

This license also permits the creation of derivative works based on your Contributions and their incorporation into other works, as well as the grant and authorization of sublicenses of the foregoing. This utilization and distribution may take place in any media formats and through any media channels.

The terms of this license are applicable to any form, media, or technology, whether presently known or developed in the future. It includes our right to use your name, company name, and franchise name, as relevant, along with any trademarks, service marks, trade names, logos, personal and commercial images that you provide. You relinquish all moral rights associated with your Contributions and affirm that moral rights have not been asserted in your Contributions.

We do not claim any ownership over your Contributions. You maintain complete ownership of all your Contributions, as well as any intellectual property or other proprietary rights related to them. We are not responsible for any statements or representations found in your Contributions in any section of the website.

You are solely accountable for your Contributions on the website, and you expressly agree to absolve us from any responsibility and refrain from pursuing any legal action against us regarding your Contributions.

In our sole and absolute discretion, we reserve the right to:

Edit, redact, or otherwise modify any Contributions.
Re-categorize Contributions to place them in more suitable sections of the website.
Pre-screen or delete Contributions at any time and for any reason, without prior notice. We are not obligated to monitor your Contributions.

Guideline For Reviews

We may provide designated areas on the Site for you to share reviews or ratings. When submitting a review, you must adhere to the following guidelines:

You should have firsthand experience with the individual or entity under review.
Your reviews should not contain offensive language, profanity, or any form of abusive, racist, offensive, or hate speech.
Your reviews should not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Your reviews should not reference or imply involvement in illegal activities.
You must not be affiliated with competitors if you are posting negative reviews.
You should not draw legal conclusions in your reviews.
False or misleading statements should not be included in your reviews.
You are prohibited from organizing campaigns that encourage others to post reviews, whether they are positive or negative.

We retain the right to accept, reject, or remove reviews at our sole discretion. We are under no obligation to review or delete reviews, even if they are considered objectionable or inaccurate by anyone. Reviews are not endorsed by us and do not necessarily reflect our opinions or the views of any of our affiliates or partners.

We do not assume liability for any reviews or for any claims, responsibilities, or losses that may result from reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit through any means, display, perform, and/or distribute all content related to reviews.

Social Media

As part of the website’s functionality, you have the option to link your account with third-party service providers by following either of these two methods:

You may provide your login information for your Third-Party Account directly through the Site.
You can allow us to access your Third-Party Account, provided it aligns with the Terms of Service that govern your use of the specific Third-Party Account.

You confirm and guarantee that you have the right to disclose your Third-Party Account login details to us and grant us access to your Third-Party Account. This should not result in any violation of the Terms of Service governing your use of the relevant Third-Party Account. It also should not impose any fees on us or subject us to usage restrictions imposed by the third-party service provider of the Third-Party Account.

By granting us access to your Third-Party Accounts, you understand and agree that:

We may access, make accessible, and, if applicable, store any content you’ve uploaded to and saved in your Third-Party Account (referred to as “Social Network Content”). This content will be accessible through the Site via your account, including friend lists.

We may exchange additional information with your Third-Party Account, as long as you receive notification when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you select and depending on the privacy settings you’ve established in those Third-Party Accounts, personally identifiable information you post on your Third-Party Accounts may be available through your account on the Site.

It’s important to note that if a Third-Party Account or the related service becomes unavailable or if our access to such an account is terminated by the third-party service provider, Social Network Content may no longer be accessible through the Site. You retain the ability to disconnect your Site account from your Third-Party Accounts at any time.

Please be aware that your interactions with third-party service providers associated with your third-party accounts are governed solely by your agreement(s) with those third-party service providers.

We do not actively review Social Network Content for any purpose, including, but not limited to, assessing its accuracy, legality, or non-infringement. We are not responsible for any Social Network Content.

You acknowledge and consent to our access to your email address book linked with a Third-Party Account and to your contacts list stored on your mobile device or tablet for the exclusive purpose of identifying and notifying you about contacts who have also registered to use the Site.

You can disconnect the connection between the Site and your Third-Party Account by contacting us using the provided contact details or through your account settings if applicable. We will make an effort to delete any information obtained through such Third-Party Account, with the exception of the username and profile picture associated with your account.

Third-Party Websites and Content

The Site may include links to other websites (“Third-Party Websites”) and may provide access to articles, photographs, text, graphics, images, designs, music, audio, video, information, applications, software, and other content or materials originating from third parties (“Third-Party Content”).

Please note that such Third-Party Websites and Third-Party Content are not examined, supervised, or validated by us for accuracy, appropriateness, or completeness. We are not liable for any Third-Party Websites accessed through the Site or for any Third-Party Content posted on, accessible through, or downloaded from the Site. This includes aspects such as content, accuracy, potential offensiveness, opinions, reliability, privacy practices, and other policies contained within the Third-Party Websites or the Third-Party Content.

The inclusion of, linking to, or permission for use or installation of any Third-Party Websites or Third-Party Content does not signify our endorsement or approval of them. If you choose to leave the Site and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and please be aware that these Terms of Service will no longer apply.

You should thoroughly review the relevant terms and policies, including privacy and data collection practices, of any website you visit from the Site or any applications you use or install from the Site. Any purchases made through Third-Party Websites are transactions conducted on other websites and with other companies. We bear no responsibility for such purchases, which are exclusively between you and the respective third party.

You acknowledge and agree that we do not endorse the products or services offered on Third-Party Websites, and you will not hold us liable for any harm resulting from your purchase of such products or services. Furthermore, you will not hold us accountable for any losses or harm incurred in connection with, or arising from, Third-Party Content or any interactions with Third-Party Websites.

Advertisers

We offer advertisers the opportunity to present their advertisements and other promotional content in specific areas of the Site, such as sidebar advertisements or banner advertisements. If you choose to advertise with us, you are fully responsible for the content of the advertisements you display on the Site, as well as any services or products promoted through these advertisements.

Furthermore, by advertising on the Site, you affirm and guarantee that you possess all necessary rights and permissions to place advertisements, including but not limited to intellectual property rights, publicity rights, and contractual rights.

As an advertiser, you acknowledge that these advertisements are subject to the Copyright Act, Act No. 12 of 2001 of Kenya and the Digital Millennium Copyright Act (“DMCA”) of the United States of America Notice and Policy. You also understand and agree that no refunds or other compensation will be provided for issues related to DMCA takedowns. Our role is solely to provide the advertising space, and we do not engage in any other business relationship with advertisers.

Site Management

We retain the right, though not the obligation, to:

Monitor Compliance: Keep a watchful eye on the Site to ensure that these Terms of Service are adhered to.
Legal Actions: Take appropriate legal actions against individuals who, at our sole discretion, violate either the law or these Terms of Service. This may include reporting such users to law enforcement authorities.
Content Management: Make decisions in our sole discretion, without limitations, to refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof.
Resource Management: Make decisions in our sole discretion, without limitations, notification, or liability, to remove from the Site or otherwise disable all files and content that are excessively large or place undue burden on our systems.
Site Maintenance: Otherwise manage the Site in a manner that safeguards our rights and property and ensures the proper functioning of the Site.

Privacy Policy

At Thinky Buddy, we hold data privacy and security in high regard. We kindly request you to carefully review our Privacy Policy, which can be found here on our Site: https://thinkybuddy.com/privacy-policy/. By making use of the Site, you agree to be bound by the terms and conditions outlined in our Privacy Policy, which is an integral part of these Terms of Service. It’s essential to note that the Site is hosted in the United States of America.

If you are accessing the Site from regions such as Africa, the European Union, Asia, or any other part of the world with regulations governing the collection, use, or disclosure of personal data that differ from U.S. laws, then, by continuing to use the Site, you are, by your actions, allowing the transfer of your data to the United States. You explicitly consent to this transfer and the processing of your data in the United States.

Moreover, we want to emphasize that we do not knowingly accept, request, or solicit information from children, nor do we intentionally market to children. In accordance with the U.S. Children’s Online Privacy Protection Act, if we become aware that anyone under the age of 13 has provided personal information to us without the necessary and verifiable parental consent, we will promptly remove that information from the Site. We take this action as swiftly as is reasonably feasible. Your data privacy and security are of utmost importance to us.

Copyright Infringement

We hold a deep respect for the intellectual property rights of others. If you have reason to believe that any material accessible through the Site infringes upon a copyright that you own or control, please take immediate action by notifying us using the contact details provided below (referred to as a “Notification”). We will forward a copy of your Notification to the individual who posted or stored the material mentioned in your Notification.

It is important to note that, in accordance with federal law, making false statements in a Notification can lead to potential legal consequences and liability for damages. Therefore, if you are uncertain about whether the material on the Site infringes your copyright, it is advisable to consider consulting with legal counsel before proceeding with a Notification. Your cooperation in upholding intellectual property rights is greatly appreciated.

Term and Termination

These Terms of Service shall remain in full effect during your use of the Site. While we value your presence on our platform, it is essential to note that, without limiting any other provision in these Terms of Service, we retain the discretion, without prior notice or liability, to restrict access to the Site (including the blocking of specific IP addresses) for any individual, for any reason, or even without reason. This includes instances where there has been a breach of any representation, warranty, or covenant outlined in these Terms of Service, or a violation of any applicable laws or regulations. Additionally, we may terminate your use or participation on the Site, or remove any content or information you have posted, at any time, at our sole discretion, and without prior notice.

If your account is terminated or suspended for any reason, you are prohibited from attempting to register or create a new account under your own name, a fictitious or borrowed name, or under the name of a third party, even if you are representing that third party.

Furthermore, in addition to account termination or suspension, we retain the right to take appropriate legal actions, including, but not limited to, pursuing civil, criminal, and injunctive remedies as necessary. We hope to maintain a positive and respectful environment for all users of our platform.

Modifications and Interruptions

We maintain the right to alter, amend, or remove the content of the Site at our sole discretion and without prior notice for any reason. It’s important to note that we are not obligated to update any information on our Site. Additionally, we reserve the right to modify or discontinue all or part of the Site without notice, and we shall not be held liable to you or any third party for such modifications, changes in pricing, suspensions, or discontinuations of the Site.

While we aim to provide continuous access to the Site, we cannot guarantee that it will be available at all times. We may encounter hardware, software, or other issues, or may need to perform maintenance, which could lead to interruptions, delays, or errors.

It’s worth mentioning that we also retain the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time, for any reason, without notice. You acknowledge that we are not responsible for any loss, damage, or inconvenience resulting from your inability to access or use the Site during any periods of downtime or discontinuance.

These Terms of Service do not create an obligation on our part to maintain and support the Site, or to provide any corrections, updates, or releases related to the Site. We appreciate your understanding of the occasional need for adjustments and improvements to enhance your experience on our platform.

Governing Law

These Terms of Service and your utilization of the Site are subject to and interpreted in accordance with the laws of the Republic of Kenya, which are applicable to agreements made and fully executed within the Republic of Kenya. Any disputes or conflicts arising from either the Terms of Service or the Privacy Policy shall be subject to the jurisdiction and authority of the courts of the Republic of Kenya.

Corrections

Information presented on the Site may occasionally include typographical errors, inaccuracies, or omissions, which may pertain to aspects such as descriptions, pricing, availability, and other related information. We maintain the right to rectify any such errors, inaccuracies, or omissions and to modify or update the information on the Site at our discretion, with no requirement for prior notification.

Disclaimer

The Site is provided “as-is” and “as-available.” By using the Site and our services, you acknowledge that your usage is at your own risk. To the maximum extent permitted by the law, we disclaim all warranties, whether expressed or implied, regarding the Site and your utilization of it. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not make any warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site. We do not accept liability for:

Errors, mistakes, or inaccuracies in content and materials.
Personal injury or property damage arising from your use of the Site.
Unauthorized access to our secure servers and any personal or financial information stored within.
Interruptions or cessation of transmission to or from the Site.
Bugs, viruses, Trojan horses, or similar elements transmitted through the Site by third parties.
Errors or omissions in any content and materials, or any loss or damage incurred due to the use of content posted, transmitted, or otherwise made available on the Site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Site, hyperlinked websites, or any websites or mobile applications featured in banners or other advertising. We are not involved in or responsible for monitoring transactions between you and third-party providers of products or services.

As with any purchase of a product or service through any medium or environment, you should exercise your best judgment and appropriate caution.

Limitations of Liability

In no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. These damages may include, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or any other legal theory, arising from your use of the service or any products obtained through the service, or for any other claim related to your use of the service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if we have been advised of the possibility of such damages.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

Dispute Resolution

To streamline the process and manage the expenses associated with any disagreement, conflict, or claim arising from these Terms of Service (referred to as a “Dispute” individually and “Disputes” collectively), both you and we (each called a “Party,” and together the “Parties”) agree to make an initial effort to resolve any Dispute through informal negotiations. This informal negotiation period will last for a minimum of 14 days, beginning upon written notice from one Party to the other Party, except for those Disputes specifically outlined below.

Any dispute, controversy, or claim arising out of or relating to the use of the Thinky Buddy website, its services, or these Terms of Service (collectively, “Disputes”) shall be resolved through binding arbitration which shall be conducted in Nairobi, Kenya, unless both parties agree otherwise.

By using the Thinky Buddy website and its services, you agree to arbitrate any Disputes in accordance with this section. However, if you do not wish to participate in arbitration and want to retain the right to pursue legal action in court, you must notify Thinky Buddy in writing within 30 days of accepting these Terms of Service. Your written notice should be sent to our email address: info@thinkybuddy.com

The arbitration shall be conducted in the English language, and the arbitrator’s decision will be final and binding. The Parties shall share the costs of arbitration equally, unless the arbitrator determines a different allocation of costs is appropriate. Each Party is responsible for their own attorney’s fees.

This arbitration agreement does not apply to disputes related to intellectual property rights, claims against Thinky Buddy for injunctive or equitable relief, or any action brought in small claims court.

Both Parties agree that any arbitration will be conducted on an individual basis, and not as a class, collective, or representative action. There will be no right or authority for any Dispute to be arbitrated on a class-action basis.

The arbitration shall be governed by the laws of the Republic of Kenya. The Parties agree to submit to the exclusive jurisdiction of the Kenyan courts for any disputes not subject to arbitration.

If any part of this arbitration section is found to be unenforceable, the remaining provisions shall remain in full force and effect.

To initiate arbitration or to opt-out of this arbitration agreement, please contact Thinky Buddy at our email address: info@thinkybuddy.com

Indemnification

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, brought by any third party, due to or arising out of:

Your Contributions.
Your use of the Site.
Any breach of these Terms of Service.
Any breach of your representations and warranties as set forth in these Terms of Service.
Your violation of the rights of a third party, including but not limited to intellectual property rights.
Any harmful act or conduct towards any other user of the Site with whom you connected via the Site.

However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. In such cases, you agree to cooperate with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding that falls under this indemnification when we become aware of it.

User Data

We will retain specific data that you send to the Site to manage the Site and data concerning your use of the Site. While we conduct regular routine backups of data, it is your sole responsibility for all data you transmit or that is associated with any activity you engage in on the Site.

You acknowledge and agree that we bear no responsibility for any loss or corruption of such data. By using the Site, you waive any right to take legal action against us in connection with any such loss or corruption of data.

Electronic Communications, Transactions and Signatures

When you visit the Site, send us emails, or complete online forms, you are engaging in electronic communications. By using the Site, you give your consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, either via email or on the Site, fulfill any legal requirement that such communication must be in written form.

You also consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the site.

You hereby relinquish any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, or the delivery or retention of non-electronic records, or that stipulate payments or the granting of credits through means other than electronic methods.

General Conditions

These Terms of Service, along with any policies or operating rules posted on the Site, constitute the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not be considered a waiver of such right or provision.

These Terms of Service are enforceable to the fullest extent permitted by law. We retain the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act caused by any factors beyond our reasonable control.

If any provision or portion of a provision in these Terms of Service is found to be unlawful, void, or unenforceable, that specific provision or part thereof is considered separable from these Terms of Service and does not impact the validity and enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is established between you and us as a result of these Terms of Service or your use of the Site. You agree that these Terms of Service will not be construed against us merely because we have drafted them.

By accepting these Terms of Service, you waive any and all defenses you may have based on the electronic form of these Terms of Service and the absence of physical signatures by the parties involved.

Contact Us

To address a concern related to the Site or to obtain additional details about using the Site, please get in touch with us at the following email address: info@thinkybuddy.com