Terms and Conditions

1. ACCEPTANCE OF TERMS

By accessing, using, or registering for the JAMPOS platform ("Service") operated by SWILILI LTD ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use our Service.

2. DEFINITIONS

• "Content" means all text, data, information, software, graphics, or other materials accessible through the Service
• "User Data" means all data, content, and information submitted, uploaded, or transmitted by users
• "Personal Information" means information that identifies or can be used to identify an individual
• "Service" means the JAMPOS platform and all related services, features, and functionalities

3. ELIGIBILITY AND REGISTRATION

3.1 Age Requirements

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use this Service. By registering, you represent and warrant that you meet these age requirements.

3.2 Registration Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. DATA USAGE AND INTELLECTUAL PROPERTY RIGHTS

4.1 Data License Grant

By registering for and using our Service, you hereby grant SWILILI LTD an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to:

• Use, process, analyze, and store all User Data for service operation and improvement
• Utilize User Data for artificial intelligence training, machine learning model development, and algorithm enhancement
• Apply User Data for commercial purposes including but not limited to product development, analytics, and business intelligence
• Create derivative works, aggregated datasets, and analytical insights from User Data
• Transfer User Data within our organization and to authorized service providers

4.2 Data Processing Commitments

We commit to:

• No Third-Party Sales: We will not sell, rent, or lease your Personal Information to third parties for their independent use
• PII Protection: All analytical processing and AI training will exclude Personally Identifiable Information (PII)
• Data Anonymization: User Data used for analysis and commercial purposes will be anonymized and aggregated where possible

4.3 Intellectual Property Ownership

• All intellectual property rights in the Service remain with SWILILI LTD
• Users retain ownership of their original content but grant the licenses specified herein
• Any improvements, enhancements, or derivatives developed using User Data become the property of SWILILI LTD

5. PRIVACY AND DATA PROTECTION

5.1 Data Collection

We collect and process data in accordance with our Privacy Policy, including:

• Registration information (name, email, contact details)
• Usage data and platform interactions
• Device and technical information
• Location data (where applicable and consented to)

5.2 Data Security Measures

We implement industry-standard security measures including:

• Encryption: All data transmissions are encrypted using SSL/TLS protocols
• Access Controls: Role-based access controls limit data access to authorized personnel only
• Regular Security Audits: Periodic security assessments and penetration testing
• Data Backup: Regular automated backups with secure storage
• Incident Response: Established procedures for data breach notification and response

5.3 Data Retention

• Active account data is retained for the duration of your account plus 7 years for legal compliance
• Anonymized analytical data may be retained indefinitely for business purposes
• You may request account deletion, subject to legal retention requirements

5.4 International Data Transfers

Data may be transferred to and processed in countries other than your country of residence, subject to appropriate safeguards and legal frameworks.

6. USER OBLIGATIONS AND PROHIBITED CONDUCT

6.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or its servers
• Use automated tools to access the Service without permission
• Impersonate others or provide false information
• Engage in harassment, abuse, or harmful conduct toward other users

6.2 Content Responsibility

You are solely responsible for all content you submit and warrant that:

• You have the right to submit such content
• Your content does not infringe third-party rights
• Your content complies with applicable laws and these Terms

7. SERVICE AVAILABILITY AND MODIFICATIONS

7.1 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or unforeseen circumstances.

7.2 Modifications

We reserve the right to modify, suspend, or discontinue the Service or these Terms at any time with reasonable notice. Continued use after modifications constitutes acceptance of the updated Terms.

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

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

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWILILI LTD SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• ANY DAMAGES EXCEEDING THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM

8.3 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, or network failures.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SWILILI LTD, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your negligent or wrongful conduct

10. DISPUTE RESOLUTION AND ARBITRATION

10.1 Mandatory Arbitration

ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, NOT IN COURT.

10.2 Arbitration Rules

Arbitration shall be conducted under the rules of the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, as they may be amended from time to time.

10.3 Arbitration Procedures

• Location: Arbitration shall take place in Nairobi, Kenya, or via video conference as agreed by the parties
• Language: English
• Arbitrator Selection: Single arbitrator mutually agreed upon, or appointed according to UNCITRAL rules
• Governing Law: Laws of Kenya
• Costs: Each party bears their own costs unless the arbitrator awards otherwise

10.4 Class Action Waiver

You agree that disputes will be resolved on an individual basis only and waive any right to participate in class action lawsuits or class-wide arbitration.

10.5 Emergency Relief

Nothing herein prevents either party from seeking emergency injunctive relief in court to prevent irreparable harm.

11. ACCOUNT TERMINATION

11.1 Termination Rights

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended period of inactivity
• At our sole discretion with reasonable notice

11.2 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• Your data may be deleted after a reasonable retention period
• Our rights to use previously submitted data under these Terms survive termination

12. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of Kenya. Any legal proceedings not subject to arbitration shall be brought exclusively in the courts of Kenya.

13. MISCELLANEOUS PROVISIONS

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SWILILI LTD regarding the Service.

13.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

13.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

13.4 Assignment

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

13.5 Contact Information

For questions about these Terms, contact us at:

• Email: jamming@jampos.co

14. SPECIAL PROVISIONS

14.1 AI and Machine Learning

You acknowledge and agree that your data may be used to train artificial intelligence models and machine learning algorithms that may be deployed commercially by SWILILI LTD or its partners.

14.2 Data Analytics

We may use your data for business analytics, market research, and product development purposes, always ensuring Personal Information is excluded from such analyses.

14.3 Compliance

We maintain compliance with applicable data protection regulations and industry standards. We regularly review and update our practices to ensure continued compliance.