Agreement to Terms

Definitions

Eligibility and Registration

1. Minimum Age Requirement

You must be at least 18 years old to use our Services. For individuals under 18, parental or guardian consent is required for participation in specific programs.

2. Account Registration

Certain Services require account registration. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized account access
• Accept responsibility for all activities under your account

3. Membership Requirements

For membership services, additional terms apply as outlined in our Membership Agreement.

Intellectual Property Rights

1. Ownership

All Content on our Services, including but not limited to text, graphics, logos, images, and software, is the property of Utafiti Wellness or its content suppliers and is protected by Kenyan and international intellectual property laws.

2. Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes, subject to these Terms.

3. Restrictions

You may not:

• Modify, copy, or create derivative works of our Content
• Use our Content for commercial purposes without written permission
• Remove any copyright or proprietary notices
• Attempt to reverse engineer any software on our Services

4. User-Generated Content

By submitting content to us (comments, photos, stories), you grant us a worldwide, royalty-free license to use, modify, and display such content for our organizational purposes.

User Conduct and Responsibilities

Donations and Financial Contributions

1. Donation Policy

All donations to Utafiti Wellness are voluntary and non-refundable unless specifically stated otherwise. By making a donation, you acknowledge that:

• Donations support our general operations unless designated for specific programs
• We will use donations in accordance with our mission and legal obligations
• Tax receipts will be provided for eligible donations

2. Payment Processing

We use secure third-party payment processors. You agree to provide accurate payment information and authorize us to charge the designated amount.

3. Recurring Donations

For recurring donations, you may cancel at any time by contacting us or through your account settings. Cancellation will take effect at the end of the current billing cycle.

Program Participation Terms

1. Volunteer Programs

By volunteering with us, you agree to:

• Abide by our Volunteer Code of Conduct
• Complete required training
• Maintain confidentiality of sensitive information
• Follow safety protocols

2. Research Participation

Research participants must:

• Provide informed consent
• Understand participation is voluntary
• Adhere to study protocols
• Respect research integrity

3. Community Programs

Participants in community programs agree to community guidelines and respect cultural sensitivities.

Disclaimer of Warranties

Limitation of Liability

1. General Limitation

To the maximum extent permitted by law, Utafiti Wellness shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services.

2. Specific Exclusions

We are not liable for:

• Loss of data or information
• Interruption of services
• Unauthorized access to transmissions
• Conduct of third parties
• Errors in content

3. Maximum Liability

Our total liability for any claim shall not exceed the amount you paid to us, if any, for accessing the Services in the six months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Utafiti Wellness, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your conduct in our programs

Termination

1. By the Association

We may terminate or suspend your access to our Services immediately, without prior notice, for conduct that we believe:

• Violates these Terms
• Is harmful to other users
• May cause legal liability
• Compromises our mission

2. By the User

You may terminate your account at any time by contacting us. Certain obligations (such as payment obligations) may survive termination.

3. Effect of Termination

Upon termination, your right to use our Services will immediately cease. We may delete your account information according to our data retention policies.

Governing Law and Dispute Resolution

1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

2. Dispute Resolution

Any disputes arising from these Terms shall be resolved through the following process:

1. Negotiation: Parties shall attempt to resolve disputes through good faith negotiations for 30 days
2. Mediation: If negotiation fails, parties shall attempt mediation through a recognized mediator
3. Arbitration: If mediation fails, disputes shall be settled by arbitration in Nairobi, Kenya

3. Jurisdiction

Any legal proceedings shall be brought in the courts of Nairobi, Kenya.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on our website
• Sending email notifications to registered users
• Updating the "Effective Date" at the top of these Terms

Your continued use of our Services after changes constitutes acceptance of the new Terms.