Terms of Service

Introduction

These Terms of Service (“Terms”) form a legally binding agreement between you (“the user”) and AriaLink (“the platform provider”) and govern your access to and use of the tools, services, and features we provide. By accessing or using the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree, you must refrain from using the platform.

Our mission is rooted in fostering a symphony of seamless, inclusive, and resilient global connectivity. These Terms are designed to ensure a harmonious and equitable relationship between us, guided by principles of transparency, mutual respect, and adherence to applicable laws, including the laws of Kenya.

These Terms are subject to periodic updates, and we reserve the right to make changes as needed to align with evolving legal, operational, or technological frameworks. Any updates will be published on this website, and continued platform use after such updates constitute your acceptance of the revised Terms.

In addition, your use of the platform is subject to our Privacy Policy, which provides detailed information on how we collect, handle, and safeguard your personal data. We encourage you to review the Privacy Policy carefully to understand your rights and our commitments concerning your information.

Agreement to Terms

By accessing, browsing, or using this platform, you confirm that you have read, understood, and agreed to be bound by these Terms of Service (“Terms”) and any policies or guidelines referenced herein, including our Privacy Policy. These Terms apply to all users of the platform without exception. If you do not agree to these Terms, you must not access or use any of the tools, services, or features available on the platform.

Accepting these Terms creates a binding legal agreement between you and us. This agreement governs your platform use and ensures a balanced, seamless interaction that reflects our commitment to fostering resilient and inclusive global connectivity.

We reserve the right to update, amend, or revise these Terms at our sole discretion. Unless otherwise specified, any changes will take effect immediately upon publication on this website. By continuing to use the platform after any such updates, you acknowledge and agree to the revised Terms. 

Eligibility

By accessing or using this platform, you represent and warrant that you meet the following eligibility requirements:

1. Minimum Age: You must be at least 18 or the legal age of majority in your jurisdiction to create an account, access our tools, or use our services. Individuals under this age are not permitted to use the platform.
2. Legal Capacity: You must be legally able to enter into a binding agreement under the laws of your jurisdiction. If you access the platform on behalf of a legal entity, you confirm that you are authorised to bind that entity to these Terms.
3. Jurisdictional Compliance: Your use of the platform must comply with all applicable laws, regulations, and restrictions in your jurisdiction. You may not use the platform if doing so would violate any law, regulation, or sanction applicable to you.
4. Prohibited Access: You are not eligible to use the platform if you are a resident of, or accessing the platform from, any jurisdiction where such use is prohibited or restricted by law. Furthermore, you may not access or use the platform if you are subject to any sanctions or embargoes that limit the use of our services.

We reserve the right to deny access to the platform to any individual or entity who does not meet these eligibility requirements or violates any part of these Terms.

Scope of Services

The platform provides access to innovative tools and features that enable resilient, inclusive, and seamless global connectivity. Our services are built on principles of decentralised interaction, user empowerment, and optimised performance, allowing you to engage with a dynamic, forward-thinking ecosystem.

All services are provided “as-is” and “as-available”. While we strive to deliver reliable and uninterrupted access to our platform, we do not guarantee that the services will always function without delays, errors, or interruptions. Factors beyond our control, such as network limitations or technical issues, may occasionally affect the platform’s performance.

We reserve the right to modify, suspend, or discontinue any part of the platform or its features at any time without prior notice. Additionally, certain services or features may be subject to additional terms and conditions, which will be provided to you if applicable.

Using the platform, you acknowledge that our services continually evolve to incorporate new technologies, improve performance, and align with regulatory and user needs. As a result, the scope of our offerings may change over time to better serve you and support our mission of fostering a harmonious and inclusive connectivity experience.

User Responsibilities

As a user of this platform, you agree to comply with the following responsibilities to ensure a secure, harmonious, and reliable environment for all participants:

1. Providing Accurate Information: You are required to provide accurate, current, and complete information when creating an account or interacting with the platform. You agree to promptly update your information if there are changes to ensure it remains accurate.
2. Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You must take appropriate measures to secure your account and immediately notify us of any unauthorised access or suspected breach of your account.
3. Prohibited Activities: You must not engage in any activity that could harm, disrupt, or interfere with the platform’s functionality or the experience of other users. This includes, but is not limited to:
   • Attempting to access areas of the platform for which you do not have authorisation.
   • Engaging in fraudulent behaviour, impersonating others, or providing false information.
   • Uploading or transmitting malicious software, spam, or other harmful content.
4. Respect for Intellectual Property: You must respect the intellectual property rights of the platform, its users, and third parties. This includes refraining from unauthorised use, reproduction, or distribution of content or trademarks associated with the platform.
5. Compliance with Laws: You agree to use the platform only for lawful purposes and in compliance with all applicable laws and regulations in your jurisdiction. You are responsible for ensuring your actions on the platform do not violate any local, national, or international laws.
6. Interaction with the Platform: You acknowledge that your use of the platform is subject to periodic updates and optimisations. You agree to engage with the platform respectfully and refrain from actions that could undermine its integrity, security, or operational stability.

Prohibited Activities

To safeguard the integrity, security, and lawful use of the platform, the following activities are strictly prohibited:

1. Unauthorised Access and Interference: Attempting to gain unauthorised access to the platform, its systems, or data, including hacking, password mining, or other unlawful methods, is prohibited. Disrupting or interfering with the platform’s functionality, performance, or security through denial-of-service attacks, introducing malware, or exploiting vulnerabilities is strictly forbidden.
2. Illegal or Harmful Content: Uploading, sharing, or distributing content that is illegal, abusive, harassing, defamatory, or otherwise harmful to others is prohibited. This includes content promoting hate speech, violence, exploitation, or any material that violates applicable laws or regulations.
3. Fraudulent or Deceptive Behavior: It is prohibited to engage in actions intended to defraud, impersonate, or deceive others, including creating fake accounts, misrepresenting your identity, or providing false or misleading information.
4. Intellectual Property Infringement: Without proper authorisation, you are prohibited from using, reproducing, distributing, or modifying intellectual property belonging to the platform, other users, or third parties. This includes trademarks, copyrighted material, patents, or other proprietary content.
5. Unlawful Use: Using the platform in violation of any applicable laws, regulations, or sanctions, including those related to data protection, export controls, or economic restrictions, is strictly prohibited.
6. Abuse of Platform Resources: Misusing the platform by overloading its infrastructure, attempting to scrape or extract data without authorisation, or using connectivity tools to send spam, unsolicited messages, or other disruptive content is prohibited.

Ownership and Intellectual Property

All content, features, technology, and tools available on this platform are the exclusive property of AriaLink or its licensors. This includes, but is not limited to, trademarks, logos, text, graphics, designs, software, and proprietary algorithms (collectively called “Intellectual Property”). These are protected under applicable intellectual property laws, and all rights not expressly granted to you in these Terms are reserved.

As these Terms outline, you are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the platform solely for its intended purposes. This licence does not transfer ownership or confer proprietary rights to the platform or its Intellectual Property.

The following restrictions apply to your use of the platform:

• Without written consent, you may not copy, modify, reproduce, distribute, sell, lease, or sublicense any part of the platform or its Intellectual Property.
• You may not reverse-engineer, decompile, disassemble, or attempt to extract the platform’s source code or underlying technology.
• Unauthorised use of the platform’s trademarks, logos, or other Intellectual Property, or that of third parties, is strictly prohibited.

Any content you upload or submit to the platform remains your property. However, submitting such content grants us a non-exclusive, worldwide, royalty-free licence to use, store, modify, reproduce, or display your content solely to operate, improve, or promote the platform.

Privacy and Data Handling

We are committed to safeguarding and handling your personal information in compliance with applicable data protection laws, including the Kenya Data Protection Act, 2019. Our approach to data handling is outlined in our Privacy Policy, which governs how we collect, use, store, and protect your personal data when you use the platform.

By accessing or using the platform, you acknowledge and agree to the practices described in the Privacy Policy. This includes collecting and processing your personal data for platform operation, service improvement, and compliance with legal obligations.

We implement appropriate technical and organisational measures to secure your data against unauthorised access, loss, or misuse. However, you acknowledge that no system is entirely secure, and we cannot guarantee the absolute security of your information.

It is your responsibility to review the Privacy Policy to understand your rights and the choices available to you regarding your personal data. If you have any questions or concerns about how your data is handled, you may contact us using the details provided in the Privacy Policy.

Limitation of Liability

To the fullest extent permitted by applicable laws, the platform provider, its affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from or related to the user’s use of the platform, regardless of whether such damages arise in contract, tort (including negligence), strict liability, or otherwise. This includes, but is not limited to, damages resulting from:

1. Service Interruptions or Errors: Any inability to access or use the platform, delays, interruptions, or errors in its operation.
2. Loss of Data or Profits: Loss or corruption of data, revenue, or profits, whether caused by system failure, unauthorised access, or other factors beyond our control.
3. External Factors: Events outside our reasonable control, such as natural disasters, acts of government, political unrest, technical issues with third-party service providers, or cyberattacks.

Your use of the platform is at your own risk. The platform and all services are provided on an “as-is” and “as-available” basis without any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

In jurisdictions where the exclusion or limitation of certain liabilities is not allowed, the liability of the platform provider, its affiliates, licensors, and service providers shall be limited to the maximum extent permitted by law.

Termination of Access

We reserve the right, at our sole discretion, to suspend or terminate your access to the platform, your account, or any related services at any time without prior notice if:

1. Violation of Terms: You breach these Terms or engage in prohibited activities outlined herein.
2. Legal or Regulatory Compliance: We are required to do so to comply with applicable laws, regulations, or legal processes.
3. Threats to Security or Integrity: Your actions, intentional or unintentional, compromise the security, functionality, or integrity of the platform or its users.
4. Fraud or Misrepresentation: You provide false or misleading information, impersonate others, or engage in fraudulent behaviour.

Your rights to access and use the platform will immediately cease upon termination. Any licences or permissions granted to you under these Terms will be revoked, and we may delete or disable your account and associated data, subject to applicable laws and our Privacy Policy.

Termination of your access does not waive our right to pursue further legal remedies or enforce provisions that, by their nature, survive termination, such as those related to intellectual property, limitations of liability, and dispute resolution.

Dispute Resolution and Governing Law

These Terms and any disputes arising from or related to your use of the platform shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.

In the event of a dispute, the following resolution process shall apply:

1. Negotiation: You agree to first attempt to resolve any dispute informally through good-faith negotiations with us.
2. Arbitration: If the dispute is not resolved through negotiation within a reasonable period, it shall be referred to arbitration under the Kenya Arbitration Act, 1995 (as amended), and where applicable, the rules of the Chartered Institute of Arbitrators – Kenya Branch. The arbitration shall be conducted in English by a single arbitrator appointed under the Act, with the venue in Nairobi, Kenya. The arbitrator’s decision shall be final and binding.
3. Jurisdiction:
   If arbitration is not required or enforceable under applicable laws, you agree to submit to the exclusive jurisdiction of the Kenyan courts to resolve any disputes.

You acknowledge and agree that any claim or cause of action arising from your use of the platform must be filed within one (1) year from the date the claim or cause of action arose, subject to applicable laws. Claims filed after this period shall be barred.

This provision does not limit our right to seek injunctive or equitable relief in any jurisdiction to protect our Intellectual Property or enforce these Terms.

Modifications to the Terms

We reserve the right to modify, update, or revise these Terms at any time, at our sole discretion. Unless otherwise stated, any changes will become effective immediately upon posting the updated Terms on this platform.

It is your responsibility to review these Terms periodically to stay informed of any updates. By continuing to access or use the platform after changes are made, you agree to be bound by the revised Terms.

“If you do not agree with any modifications, you must discontinue your use of the platform.

Contact Information

If you have any questions, concerns, or inquiries about these Terms or the platform, you may contact us at connect [at] arialink [dot] io. We will make reasonable efforts to respond promptly within 3 days.

Miscellaneous Provisions

1. Severability: If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
2. Force Majeure: We shall not be held liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control. These events include, but are not limited to, acts of God, natural disasters, government actions, political unrest, cyberattacks, or disruptions in essential infrastructure such as power, telecommunications, or internet services.
3. Non-Waiver: Our failure to enforce any provision of these Terms or exercise any right under these Terms shall not constitute a waiver of such provision or right. To be effective, any waiver must be made explicitly in writing and signed by an authorised representative.
4. Entire Agreement: These Terms, the Privacy Policy, and any additional terms or conditions expressly referenced herein constitute the entire agreement between you and us regarding your platform use. They supersede all prior agreements, communications, or understandings, whether oral or written.
5. Assignment: You may not assign or transfer these Terms, whether by operation of law or otherwise, without our prior written consent. We reserve the right to assign or transfer these Terms, in whole or part, without restriction or notice.
6. No Partnership or Agency: Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship between you and us. Neither party has the authority to bind, represent, or obligate the other in any way.
7. Electronic Acceptance: By using the platform, you acknowledge and agree that your acceptance of these Terms, as well as any updates or modifications, is equivalent to a signed, written agreement.