Terms and Conditions

Effective Date: February 9, 2026

1. Agreement to Terms

These Terms and Conditions constitute a binding agreement between you ("User" or "you") and Family Roots Ltd. ("Company," "we," "us," or "our"). By registering, accessing, or using this Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

2. Eligibility and User Responsibilities

A. Age and Capacity

• You must be at least 18 years old to use this Platform
• You must possess the legal capacity to enter into binding contracts under Kenyan law
• If you are under 18, you may only use the Platform with parental/guardian consent in writing

B. Account Registration

• You are responsible for providing accurate, current, and complete registration information
• You must maintain the confidentiality of your account credentials
• You are liable for all activities conducted using your account
• You must notify us immediately of any unauthorized access or use

3. Platform Services

Description of Services

Family Roots provides a genealogy platform that allows users to:

• Create and manage personal family trees
• Add family members and genealogical information
• Upload historical documents, photographs, and media
• Purchase tokens to add individuals to family trees
• Share family information with collaborators
• View public tribal and clan history information

Service Modifications

We reserve the right to modify, suspend, or discontinue services with 30 days' notice. Modifications will not materially reduce the value of the Platform during your active subscription period.

4. Token System and Pricing

Token Pricing

• Each person added to your family tree costs 10 tokens
• Tokens are non-transferable and cannot be exchanged for cash
• Pricing is displayed in Kenyan Shillings (KES)
• We reserve the right to adjust pricing with 30 days' notice

Token Purchase

• Tokens are purchased through our secure payment gateway
• All transactions are processed by third-party payment providers (M-Pesa, etc.)
• Receipts are provided via email for all purchases

5. Payments, Billing, and Refunds

Payment Terms

• All payments must be made in full at the time of purchase
• Payment is due immediately upon initiation of the transaction
• We accept M-Pesa payments Only
• Prices include applicable taxes as per Kenyan tax law

Non-Refundable Purchases

In compliance with the Kenya Consumer Protection Act 2012 (though limited exceptions apply for defective services), all token purchases are FINAL AND NON-REFUNDABLE for the following reasons:

• Tokens are digital goods immediately delivered upon purchase
• The nature of family genealogy data is personal and immutable
• Deletion of family tree data is irreversible
• Users have full visibility of token costs before purchase

Defective Services Exception

Pursuant to the Kenya Consumer Protection Act 2012, if you purchased tokens and the Platform fails to deliver the service (e.g., technical outage preventing token redemption), you may request a refund within 14 days by contacting support@familyroots.co.ke with evidence of the technical issue.

Expired or Deleted Accounts

• Unused tokens in deleted or inactive accounts (12+ months) are forfeited
• No refunds are provided for tokens in terminated accounts due to Terms violation

6. Billing Disputes and Consumer Rights

Dispute Resolution

If you dispute a charge, you have 30 days from the transaction date to:

• Contact us at billing@familyroots.co.ke with transaction details
• Provide evidence of the disputed transaction
• Request a chargeback through your financial institution

Consumer Protection Rights

Under the Kenya Consumer Protection Act 2012, consumers have the right to:

• Receive accurate information about services and pricing
• Receive goods/services of merchantable quality
• File complaints with the Kenya Consumer Protection Directorate
• Access dispute resolution mechanisms

For consumer complaints in Kenya, contact: Kenya Consumer Protection Directorate, Ministry of Industrialization, Trade and Enterprise Development

7. User Content and Intellectual Property Rights

User-Generated Content

• You retain full ownership of all genealogical data and family information you upload
• You grant Family Roots a non-exclusive, royalty-free license to store, process, and display your content on the Platform
• You represent and warrant that you have legal rights to share all information you upload
• You agree not to upload copyrighted material without authorization
• You are solely responsible for the accuracy and legality of content you upload

Copyrighted Material

Users may not upload historical documents, photographs, or publications that infringe copyright without proper authorization. Family Roots respects intellectual property rights and complies with the Kenya Copyright Board (KCB) regulations. We will remove infringing content upon notification.

Platform Intellectual Property

• All Platform software, design, logos, and branding belong exclusively to Family Roots
• You may not reproduce, distribute, or modify any Platform content without permission
• Unauthorized use violates intellectual property rights under Kenyan law

8. Privacy and Data Protection

Our collection and use of your personal data is governed by our Privacy Policy, which complies with:

• Kenya Data Protection Act (KDPA) 2019
• Electronic Communications and Transactions Act (ECTA) 2021
• General Data Protection Regulation (GDPR) for EU users

Your data is processed with your informed consent and is protected by industry-standard security measures.

9. Acceptable Use Policy

You agree NOT to use the Platform in any manner that:

• Violates any applicable law, regulation, or court order in Kenya or internationally
• Infringes on intellectual property, privacy, or other rights of third parties
• Contains defamatory, harassing, abusive, or obscene content
• Is used for illegal activities (fraud, money laundering, etc.)
• Constitutes spam, phishing, malware, or unauthorized access attempts
• Compromises platform security or functionality
• Violates other users' rights or Terms of Service

10. Prohibited Activities

The following activities are strictly prohibited:

• Uploading false, misleading, or fabricated genealogical information
• Impersonating other users or individuals
• Sharing another user's family data without authorization
• Attempting to reverse-engineer or hack the Platform
• Scraping or automated data collection
• Using the Platform for commercial purposes without authorization
• Attempting to circumvent payment or security systems

11. Account Suspension and Termination

Grounds for Suspension

We reserve the right to suspend or terminate your account without refund if:

• You violate these Terms and Conditions
• You engage in illegal activities or fraud
• Your account is used fraudulently or for unauthorized purposes
• You provide false registration information
• Your account has been inactive for 24 months

Termination Consequences

• All remaining tokens are forfeited upon account termination
• Your family tree data may be deleted after 90 days of account closure
• You will lose access to the Platform and all associated services

Account Reactivation

Terminated accounts due to violations cannot be reactivated. New accounts may be created, but previous data is not recoverable.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW:

• THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR LIABILITY IS LIMITED TO THE AMOUNT PAID IN THE PRECEDING 12 MONTHS

Some jurisdictions do not allow limitation of liability. In such cases, liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Family Roots, its officers, and employees from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your use of the Platform
• Your user-generated content
• Your infringement of third-party rights

14. Dispute Resolution and Jurisdiction

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles.

Jurisdiction and Venue

• You consent to the exclusive jurisdiction of the courts of Kenya
• Disputes shall be heard in the High Court of Kenya or subordinate courts with appropriate jurisdiction
• Venue is exclusive to Nairobi or the location of our principal office

Alternative Dispute Resolution

Before initiating legal proceedings, parties agree to attempt resolution through:

• Negotiation: Good faith discussion for 14 days
• Mediation: Third-party mediation through the Nairobi Centre for International Arbitration (NCIA)
• Arbitration: If unresolved, binding arbitration under NCIA rules

Arbitration Terms: Arbitration shall be conducted by a single arbitrator in Nairobi, Kenya, and shall be confidential. Each party bears its own costs unless the arbitrator awards costs to the prevailing party.

15. Changes to Terms and Conditions

We may modify these Terms and Conditions at any time. Changes become effective immediately upon posting to the Platform. We will notify users of material changes via email. Your continued use of the Platform after notification constitutes acceptance of the updated Terms.

You have the right to terminate your account if you do not accept the revised Terms within 30 days of notification.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Family Roots regarding your use of the Platform and supersede all prior agreements, understandings, and negotiations.

18. Contact Information

For questions, concerns, or complaints regarding these Terms and Conditions, please contact:

• Email: support@familyroots.com
• Billing Inquiries: billing@familyroots.com
• Legal Compliance: legal@familyroots.com

Response time: 5-7 business days for general inquiries