Published Date: July 3 2020

WWW.INFLOWKIT.COM TERMS OF SERVICE

By using Inflowkit Services (as defined below) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). You must read, agree to and accept all of the terms and conditions contained in the Terms of Service and Privacy Policy (and any applicable data protection addendum).

This Terms of Service, Privacy Policy and any applicable DPA collectively forms your agreement (the “Agreement”) and governs your access to, and use of, the websites, services, applications and integrations (collectively, the “Services”) which are owned, operated or provided by or on behalf of Tembo Labs Ltd.

As used in this Agreement, “you” and “your” refers to you, the person accessing the Services; “we” means (and “us”, “our”, “ours” and “ourselves” refer to) Tembo Labs Ltd; and “party” or “parties” refers to both you and us. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.

IMPORTANT! YOUR ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING OR USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES.

You can view, print, download or save this Agreement at any time, under the “Terms of Service” link that appears on our website. We reserve the right to change these terms and conditions at any time without notice, by updating this Agreement, and such changes will be effective as of the date these updates (or an updated version of this Agreement) is posted to our website. We may provide notice to you of material revisions by means of a general notice on our website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.

Our services

Our app inflowkit enables you to offer courses on your online store. This app is designed to add value on feature to your existing online store.

We take reasonable efforts to explain each Service’s features to you on our website, but we can’t guarantee a Service will look or perform exactly like it appears on a demo page. If you have any questions about any terms or details of any of our Services, please reach out to through our contact email.

Tembo Labs Limited shall use commercially reasonable efforts to provide technical support for Services. We are not responsible for providing technical support for any apps, products, or services provided to you by third parties.

Payments and Terms

All payments to Tembo Labs Limited do not include applicable sales, goods and services, harmonized, or any other taxes or fees, which may be charged by governmental authorities. Such taxes and/or fees will be added to the total amount you are required to pay and billed to your method of payment. Payment of these taxes and/or fees will be your sole responsibility

You agree to indemnify and hold harmless Tembo Labs Limited and its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns (collectively, its “Others”), against any chargeback costs (plus any taxes or related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us for the Services.

In the event that you are billed directly by us, in most cases, you will be billed in advance of your payment period, typically monthly. In some cases, such as for overages, you may be billed in the month after the overages incurred. You must make all payments, without any setoff or deduction for any reason, within fifteen (15) days of the date of your invoice in a manner determined by us in our sole discretion.

All payments are made payable in USD (United States Dollars).

Trial Period

We may offer a trial period for certain Services before being required to purchase or subscribe. The duration and specific terms of the trial period will be published to our websites and during the Services install process. You will not be charged for the Services until the trial period has expired. You agree that even though you may have access to the Services on a trial basis, free of charge, you will be bound by the terms and conditions of this Agreement. Your continued use of the Services following the conclusion of the trial period constitutes your consent to be charged for those Services and to the provisions in this Agreement.

Right to use the Services and Intellectual Property

Subject to your compliance with the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to install and use the Services for the purpose of operating your online store. This right terminates upon termination of this Agreement or any other agreements previously provided to you by us, as may be applicable. For certainty, if you uninstall inflowkit app , your Agreement is terminated automatically. Any and all rights not expressly granted to you are reserved by us, and this Agreement does not confer to you a proprietary interest in any Services.

Certain words, phrases, names, designs or logos made available on or through the Services may constitute trademarks, service marks, or trade names that are owned by us or others. The display of such marks on or through the Services does not imply that you have been granted a licence by us or others with respect to them.

If you believe in good faith that any material that is made available on or through the Services, infringes your copyright, please notify us using our contact email.

Termination

Subject to issuing a two (2) week notice, Tembo Labs Limited may terminate User access to all or any part of the Website or Service at any time, with or without cause, with or without notice, effective immediately. If User wishes to terminate its Agreement , User may discontinue using the Website. Notwithstanding the foregoing, paid accounts can only be terminated by Tembo Labs Limited where there has been a material breach of the Agreement with Tembo Labs Limited and such breach has not been cured within thirty (30) days of notice by Tembo Labs Limited of such breach; provided that, Tembo Labs Limited reserves the right to terminate the Website immediately as part of a general shut down of the services offered. All provisions of such Agreement and these terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, indemnity and limitations of liability.

Third Party Services and Content

We are not a party to any relationship between you and any third party, including, but not limited to, you and your eCommerce platform or you and your customers (your “Customers”), and as such, we have no responsibility to you as regards to your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.

Your use of the Services may rely on services and products which are offered by third parties (“Third Party Services”). We have no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees about third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.

We may make third parties’ content and materials (“Third Party Content”) available to you through our websites, such as reviews. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views.

You agree that we will have no liability to you with respect to the acts, omissions, errors, representations, warranties, breaches or negligence for any damages or expenses resulting in any manner from your interactions with any: a) third parties; b) Third Party Services; or c) Third Party Content, and we are not obliged to become involved in any disputes you may have with any third parties. If you have a dispute with any third parties, you release Tembo Labs Limited and its Others from any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages, arising out of or in any way related to such disputes and/or our Services.

User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by Tembo Labs Limited at the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Tembo Labs does not support the distribution of pornographic content. Except as expressly authorized by Tembo Labs Limited in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any legally prohibited materials or content.

Limitation of Liability

Some of our Services may permit you to sell or otherwise enable Uploaded Content, which is material that has been uploaded by Content Uploaders. When you sell or otherwise enable Uploaded Content from Content Uploaders, the following rules apply (in addition to all other terms of this Agreement). You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Uploaded Content, to provide the Services and to promote the Services, in any formats and through any channels, whether now or later existing (and you represent and warrant that you have obtained the necessary permissions and rights to grant us this licence). You acknowledge that WE HAVE NO LEGAL RELATIONSHIP WITH CONTENT UPLOADERS, and we are not responsible for the Uploaded Content, or anything else related to Content Uploaders. UPLOADED CONTENT AND CONTENT UPLOADERS ARE SOLELY YOUR RESPONSIBILITY. YOU WILL BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES WE SUFFER BECAUSE OF UPLOADED CONTENT OR CONTENT UPLOADERS. Without limiting any other limitation of liability, indemnity or release set out in this Agreement, you agree that we have no liability to you for any losses or damages you might suffer because of Uploaded Content or Content Uploaders. Further, you agree to indemnify and hold harmless Tembo Labs Limited and its Others from any claim or demand (including reasonable legal fees, expert fees and other reasonable litigation costs), arising from, incurred as a result of, or in any manner related to, Uploaded Content or Content Uploaders. You represent and warrant that Content Uploaders have the necessary rights (including, without limitation, intellectual property rights) to: a) upload Uploaded Content; and b) enable you to use (including offering for purchase) Uploaded Content, as part of your use of the Services. We do not review Uploaded Content and you are solely responsible for ensuring it complies with this Agreement and all applicable laws.

Limitation of Liability

To the maximum extent permitted by law, under no circumstances shall you be entitled to recover any special, incidental, consequential or indirect damages from Tembo Labs Limited or its Others, which you may suffer arising out of, caused by, or in connection with, the use, or inability to use, the Services, any inaccuracy, incompleteness or incorrectness contained in the materials displayed, accessed or used as part of the Services, or your reliance or acting upon the materials used as part of the Services, including any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or profits, regardless of the cause and whether arising in contract, tort, in equity, at law or otherwise, and whether or not Tembo Labs Limited has or had been advised of the possibility of such losses or damages. Unless otherwise agreed to by you and Tembo Labs Limited in writing, under no circumstances shall the liability of Tembo Labs Limited and its Others to you, for damages or losses suffered by you arising out of, related to or caused by, the Services, or the use thereof, exceed a maximum equal to the amount actually paid by you for the Services in the three (3) months’ period preceding such losses or damages. You acknowledge and agree that the payments paid by you for the Services reflect the allocation of risk set forth in this Agreement and that Tembo Labs Limited would not enter into this Agreement without these limitations on liability.

You agree to release, remise and acquit Tembo Labs Limited and its Others from any claims, actions, demands, costs and expenses of any kind whatsoever, whether in contract, negligence or tort, at law or in equity, or by statute or otherwise, howsoever caused, with respect to your use of, or our operation of, the Services, except as may be set out in the preceding paragraph.

Indemnity

You agree to indemnify and hold harmless Tembo Labs Limited and its Others from any claim or demand (including reasonable legal fees, expert fees and other reasonable litigation costs), arising from, incurred as a result of, or in any manner related to, your use of the Services, including, but not limited to: a) your breach of this Agreement; b) any misrepresentation made by you to any third party; c) any third party claim in respect of the Services involving or related to your or your Customers’ use of the Services; d) your ability or your Customers’ ability to access and use the Services; or e) your violation of applicable laws, rules or regulations or the rights of any third party.

Copyright

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tembo Labs Limited or its content suppliers and protected by international copyright laws. The compilation of all content on the Website is the exclusive property of Tembo Labs Limited and protected by international copyright laws. All software used on (or provided through) the Website is the property of Tembo Labs Limited or its software suppliers and protected by international copyright laws.

General Provisions

These terms and any action related thereto will be governed by and construed in accordance with the substantive laws of the Republic of Kenya, without regard to conflicts of law principles. The Parties will initiate any lawsuits or dispute resolution mechanisms in connection with these terms in London, England and irrevocably submit to the exclusive personal jurisdiction and venue of the courts sitting therein. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these terms.