This BiasharaBot User Agreement (the "Agreement") is a contract between you (the "User") and Kenya Apps Network, a Kenyan incorporated corporation (“Kenya Apps”, "we" or "us") with its principal place of business in Nairobi, Kenya. You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at https://biasharabot.com/ (the "Site") and related software and services (collectively with the Site, the "BiasharaBot").
Kenya Apps may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after Kenya Apps provides notice of the Changes, whether such notice is provided through the Site user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
YOU UNDERSTAND THAT BY USING THE BIASHARABOT PLATFORM, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE BIASHARABOT PLATFORM. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, “USER”, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT ENTITY.
1. The BiasharaBot Platform
1.1 Purpose of BiasharaBot Platform.
The BiasharaBot Platform is an online software platform that allows individuals and companies to list their products, prices, product images and product pricing then the system will create, host and deploy bots for devices and software application linked to their social media pages. The platform also assist individuals and businesses create marketing post for posting on social media.
1.2 Account and Registration
You may be required to provide certain information (e.g. your contact details, description of your product or service, your name or company name, your credit card details, etc., collectively, “Account Information”) as part of the registration process to access the BiasharaBot Platform, or as part of your continued use of the BiasharaBot Platform. You agree that any registration information you give to BiasharaBot will always be accurate and up to date, and you agree to promptly notify BiasharaBot of any changes in your Account Information.
You may not transfer your account to anyone else without our prior written permission The BiasharaBot Platform is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise create any chatbots or use the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including BiasharaBot);
Violates any law or regulation, including any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your BiasharaBot account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
You will not use the BiasharaBot Platform in connection with providing any adult entertainment oriented or otherwise pornographic services.
You will not perform an action with the intent of introducing to the Website(s), or BiasharaBot Platform or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
You will not use the BiasharaBot Platform, or access or control any customer accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
3 Restrictions; Retained Rights.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including BiasharaBot’s) rights.
You understand that BiasharaBot owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Certain services or features in the BiasharaBot Platform will attract charges which will be disclosed in the pricing schedule.
5. Payment Processor
BiasharaBot uses a third-party payment processor (the “Payment Processor”) to allow for payments on the BiasharaBot Platform. The processing of payments or credits, as applicable, in connection with your use of the BiasharaBot Platform will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. BiasharaBot is not responsible for any errors by the Payment Processor.
6 Client Owned Items.
For all User Submissions, you hereby grant BiasharaBot a license to translate, modify (for technical purposes, for example making sure your content is viewable on an smartphone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal BiasharaBot account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant BiasharaBot the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to a BiasharaBot)(a “Limited Audience User Submission”), then you grant BiasharaBot the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant BiasharaBot the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all BiasharaBot users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
All chatbots created through the Services will automatically include an attribution to BiasharaBot. You agree not to remove, modify, or obscure the BiasharaBot attribution. In addition, you hereby grant BiasharaBot a nonexclusive license to use any chatbots you create using the Services in BiasharaBot marketing materials (such as on BiasharaBot.Com).
Finally, you understand and agree that BiasharaBot, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Any information or content publicly posted or privately transmitted through the Services, and any chatbot created using the Services, are the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Kenya Apps has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Kenya Apps will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Kenya Apps shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Kenya Apps is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Kenya Apps, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
8. Open Source Software.
Some of the software offered by or included in the BiasharaBot Content may be offered under an open source license. There may be provisions in the open source license that expressly override some of these Terms, and in those cases, the overriding provisions apply.
We do not guarantee the accuracy of any BiasharaBot Content, including any output generated in connection with your use of the BiasharaBot Content or BiasharaBot Platform. You acknowledge and agree that you use and rely on the BiasharaBot Content and the BiasharaBot Platform at your own risk, and that Kenya Apps will not be liable for any errors or inaccuracies of any BiasharaBot Content or the BiasharaBot Platform.
Kenya Apps may, but is under no obligation to, monitor the use of the BiasharaBot Content to ensure quality, improve BiasharaBot products and services, or verify your compliance with these Terms. You will not interfere with such monitoring.
11. Compliance with Law.
You will use our APIs and other BiasharaBot Content and the BiasharaBot Platform only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs or other BiasharaBot Content to encourage or promote illegal or dangerous activity. You also will require any end users of your Devices or Applications ("End Users") to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.
Kenya Apps is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Kenya Apps has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any chatbots and Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of BiasharaBot
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
13. Warranty Disclaimer.
NOTWITHSTANDING ANYTHING ELSE STATED ON THE WEBSITE OR BY ANY OF BIASHARABOT’S REPRESENTATIVES, KENYA APPS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE SERVICES, WORK PRODUCT, BIASHARABOT PLATFORM OR ANY ITEMS OR ACTIVITIES RELATING TO THIS AGREEMENT (COLLECTIVELY THE “DISCLAIMED ITEMS”). KENYA APPS DOES NOT REPRESENT OR WARRANT THAT (i) THE USE OF THE BIASHARABOT PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (ii) THE DISCLAIMED ITEMS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (iii) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE DISCLOSED ITEMS, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BIASHARABOT PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (v) ERRORS OR DEFECTS IN THE DISCLAIMED ITEMS WILL BE CORRECTED, OR (vi) THE BIASHARABOT PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMED ITEMS ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY KENYA APPS. KENYA APPS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE DISCLAIMED ITEMS, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE DISCLAIMED ITEMS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE DISCLAIMED ITEMS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BIASHARABOT’S PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BIASHARABOT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.
14. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KENYA APPS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE BIASHARABOT PLATFORM. UNDER NO CIRCUMSTANCES WILL KENYA APPS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE BIASHARABOT PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KENYA APPS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE BIASHARABOT CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE BIASHARABOT PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BIASHARABOT CONTENT OR BIASHARABOT PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE BIASHARABOT PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY BIASHARABOT CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY BIASHARABOT CONTENT OR OTHER CONTENT OR DATA TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE BIASHARABOT PLATFORM; AND/OR (VII) CUSTOMER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KENYA APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
In using the BiasharaBot Content and BiasharaBot Platform, you must design and test your Devices and Applications to ensure that your Devices and Applications do not present risks of personal injury or death, property damage, or other losses. You must implement all reasonable security measures to ensure that no third party may gain unauthorized access to the BiasharaBot Platform or BiasharaBot Content. If you choose to use the BiasharaBot Content or BiasharaBot Platform in any way, you assume all risk that your use of the BiasharaBot Content or BiasharaBot Platform causes any damage, harm, injury, or loss, including without limitation to any End Users or other individuals or property. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Device or Application or your use of any BiasharaBot Content or the BiasharaBot Platform, and you agree to hold us harmless from all such damage, harm, injury, or loss.
You agree to defend, indemnify and hold harmless Kenya Apps and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use of and access to the BiasharaBot Content (including the APIs) or BiasharaBot Platform, including any data or content transmitted or received by you; (ii) your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) any violation of any third-party right, including without limitation of any right of privacy or intellectual property rights, by you, your Customer Data, Device, or Application, or any use thereof; (iv) your violation of any applicable law, rule or regulation; (v) any of your Customer Data or any that is transmitted via your account; (vi) any personal injury or property damage arising from or relating to your use of the BiasharaBot Content or BiasharaBot Platform or any authorized or unauthorized use of your Device or Application; or (vii) any other party’s access and use of the BiasharaBot Content or BiasharaBot Platform with your unique username, password or other appropriate security code.
Extended Meaning. Any indemnity in favour of Kenya Apps, and any release of Kenya Apps, shall also be construed as being an indemnity or release, as the case may be, of the Indemnified Parties.
16. Privacy And Security
We care about the integrity and security of your Customer Data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any BiasharaBot Content, the BiasharaBot Platform, or any authorized or unauthorized use of your Device or Application.
17. Proprietary Rights.
Kenya Apps and its licensors reserve all Proprietary Rights in and to the BiasharaBot Platform and BiasharaBot. User may not use the BiasharaBot Platform except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement and on the terms set out in the License Agreement. Kenya Apps reserves the right to withdraw, expand and otherwise change the BiasharaBot Platform at any time in BiasharaBot's sole discretion. User shall not be entitled to create any "links" to the BiasharaBot Platform, or "frame" or "mirror" any content contained on, or accessible through, the BiasharaBot Platform, on any other server or internet-based device. Kenya Apps alone (and its licensors, where applicable) shall own all right, title and interest, including all related Proprietary Rights, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the BiasharaBot Platform and BiasharaBot. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the BiasharaBot Platform and BiasharaBot, or any Proprietary Rights owned by Kenya Apps. BiasharaBot’s name, logo, and the product names associated with BiasharaBot or the BiasharaBot Platform are trademarks of Kenya Apps or third parties, and no right or license is granted to use them.
18. Term and Termination.
The term of this Agreement commences on the Effective Date and continues in effect until terminated in accordance with Termination Clause.
19.1 Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications.
19.2 Notices: Consent to Electronic Notice. You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the BiasharaBot Platform. Notices hereunder shall be invalid unless made in writing and given (a) by Kenya Apps via email (in each case to the address that you provide), (b) a posting on the BiasharaBot Site or (c) by you via email to support@BiasharaBot.com or to such other addresses as Kenya Apps may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
19.3 Modifications. No modification or amendment to this Agreement shall be binding upon Kenya Apps unless in a written instrument signed by a duly authorized representative of Kenya Apps. For the purposes of this Section 19.3, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles.
19.4 No Waiver. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.
19.5 Assignability. User may not assign this Agreement, or any of its rights or obligations hereunder, without Kenya Apps prior written consent in the form of a written instrument signed by a duly authorized representative of Kenya Apps (and, for the purposes of this Section 19.5, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles). Kenya Apps may freely assign this Agreement without consent of User. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
19.6 Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
19.7 Choice of Law. This Agreement and any action, dispute, controversy or claim related thereto will be governed by the laws of Kenya without regard to its conflict of laws provisions. The exclusive jurisdiction of any action in relation to this Agreement will be the Kenyan Court and each of the parties hereto waives any objection to jurisdiction. However, in the event of the actual or threatened infringement, misappropriation or violation of Kenya Apps Proprietary Rights, Kenya Apps may, at its discretion, institute legal proceedings in any jurisdiction (s) which is (are) deemed necessary or advisable.
19.8 Independent Legal Advice. You acknowledge that Kenya Apps is not providing any legal advice, and that you have been afforded an opportunity to obtain independent legal advice with respect to this Agreement and the Service Contract, and that you understand the nature and the consequences of this Agreement and the Service Contract.
19.9 Language. The parties hereto acknowledge that they have requested and are satisfied that this Agreement be drawn up in English. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
Should you have any questions or comments concerning the Terms and Conditions, please do not hesitate to contact us at firstname.lastname@example.org.