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Terms of Service

Last updated: April 30, 2024

These Terms of Use (“Agreement” or “Terms of Service”) apply to all websites, apps, and services operated and controlled by Fatuma’s Voice Foundation. (“we,” “our,” “us” or “Fatuma’s Voice”) or a third party agent of Fatuma’s Voice, and other websites, apps, and services where this Privacy Policy is posted (collectively, the “Sites”). The Sites include, without limitation, the services offered on or in connection with the Fatuma’s Voice (https://fatumasvoice.org) websites and any related mobile applications or platforms. These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites.

Please read the following terms of service () before installing the Fatuma’s Voice application or using any of the products or services we provide through our application or website (all of which are referred to collectively herein as the “Fatuma’s Voice Services”). The Fatuma’s Voice Services are owned and licensed by Fatuma’s Voice Foundation (referred to herein as “we,” “us,” “our,” “Fatuma’s Voice”). Through the Fatuma’s Voice Services, access is provided to resources and people are able to create profiles, publish content, network and manage communities, etc. The following terms of service govern all use of theFatuma’s Voice Services and all content and products available at or through theFatuma’s Voice Services. The Terms of Service constitute a binding legal agreement, which govern your use of the Fatuma’s Voice Services via any platform or device. The Fatuma’s Voice Services are offered subject to your acceptance without modification of all of the terms of service contained herein and all other operating rules, policies (including, without limitation, Fatuma’s Voice’s Privacy Policy) and procedures that may be published from time to time. By posting updated versions of the agreement, or otherwise providing notice to you, Fatuma’s Voice may modify the terms of this agreement and may discontinue or revise any or all other aspects of theFatuma’s Voice Services at its sole discretion. All such changes shall become effective upon posting of the revised agreement. Your continued use of theFatuma’s Voice Services will constitute your acceptance of the variation to the agreement. Fatuma’s Voice will use reasonable efforts to make you aware of any changes to the terms of this agreement. The website is available only to individuals who are at least 13 years old. By installing the Fatuma’s Voice application, visiting our website or installing or using any of the Fatuma’s Voice Services, you are accepting these Terms of Service. If you do not agree to these terms of service, please do not install our application, access our website or use any of our products or services.

Your use of the Sites is also expressly subject to our Privacy Policy, available at https://fatumasvoice.org/privacy-policy/

You understand and agree that the Sites are provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any software on the Sites. The opinions expressed on the Sites are not necessarily the opinions of Fatuma’s Voice or its employees and may or may not be totally accurate. The content provided through the Sites is for educational and informational purposes only. The Sites are not intended to provide tax, legal, accounting, financial, or any other form of professional advice.

Certain areas, features, or functionality of the Sites may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such additional rules to you via postings, pop-up notices, links, or any other means, or otherwise in the manner required by applicable law, at the time that you access or use the relevant area, feature or functionality. From time to time, such additional rules may conflict with these Terms of Use. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms of Use” in this agreement includes the Additional Terms.

1 – Your Account and Mobile App.

If you create an account on the website or mobile app, you are responsible for maintaining the security of your account and app, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account.

You must not describe or post content to mislead or unlawfully, included in a manner intended to trade on the name or reputation of others, and Fatuma’s Voice may change or remove any description or content that it considers inappropriate or unlawful, or otherwise likely to cause Fatuma’s Voice liability.

You must immediately notify Fatuma’s Voice of any unauthorized uses of your app, your account, or any other breaches of security. Fatuma’s Voice will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

If you want to delete your account from the site or mobile apps, you need to open your settings page/edit the profile page, then click on the delete user account button from this page. Deleting your account will permanently delete all your data, including your name, email, and all profile related data. This action is irreversible and all your personal data will be removed from our database immediately.

2 – Responsibility of Contributors.

If you have an account, comment on the app/website, post material to the app/website, post links on the app/website, or otherwise make (or allow any third party to make) material available by means of the service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that content.

That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • the content is not aggregated or copied from third party sites, even if the source is mentioned unless proof of authorization from the original content owner can be provided;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
  • you have fully complied with any third-party licenses relating to the content, and have done all things necessary to pass through to end users any required terms successfully;
  • the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your account/profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other apps and websites, and similar unsolicited promotional methods;
  • your account is not named in a manner that misleads people into thinking that you are another person or company. For example, your account’s name is not the name of a person other than yourself or company other than your own.

Without limiting any of those representations or warranties, Fatuma’s Voice has the right (though not the obligation) to, in Fatuma’s Voice’s sole discretion (i) refuse or remove any account that, in Fatuma’s Voice’s reasonable opinion, violates any Fatuma’s Voice policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fatuma’s Voice’s sole discretion. Fatuma’s Voice will have no obligation to provide a refund of any amounts previously paid.

3 – Payment and Renewal.

General Terms.

By signing up for the premium service and submitting an order, you agree to pay Fatuma’s Voice monthly, annual, or one time payment fees as indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the service and will cover the use of that service for a monthly or annual subscription period as indicated.

Automatic Renewal. 

Unless you notify Fatuma’s Voice before the end of the applicable subscription period that you want to cancel the service, your subscription will automatically renew. You authorize us to collect the then-applicable annual or monthly subscription fee for the service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

Support. 

The Fatuma’s Voice service includes access to email support and, for certain services. “Email support” means the ability to make requests for technical support and assistance by email at any time (with reasonable efforts by Fatuma’s Voice to respond within seven business days maximum) concerning the use of the Services.

License. 

Fatuma’s Voice at this moment grants you a worldwide, non-exclusive, personal, non-assignable license to use the Services for the duration of this agreement, exclusively in the conditions hereunder.

4 – Responsibility of App users.

Fatuma’s Voice has not reviewed, and cannot review, all of the material posted, and cannot, therefore, be responsible for that material’s content, use or effects. Fatuma’s Voice disclaims any responsibility for any harm resulting from the use by users of the Website or apps, or of content posted there.

5 – Copyright Infringement.

As Fatuma’s Voice asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fatuma’s Voice violates your copyright, you are encouraged to notify Fatuma’s Voice. Fatuma’s Voice will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. Fatuma’s Voice will terminate a member’s access to and use of the Website if, under appropriate circumstances, the member is determined to be a repeat infringer of the copyrights or other intellectual property rights of Fatuma’s Voice or others. In the case of such termination, Fatuma’s Voice will have no obligation to provide a refund of any amounts previously paid to Fatuma’s Voice.

6 – Intellectual Property.

This Agreement does not transfer from Fatuma’s Voice to you any Fatuma’s Voice or third party intellectual property. All right, title and interest in and to such property will remain (as between the parties) solely with Fatuma’s Voice logo, and all other trademarks, service marks, graphics, and logos used in connection with Fatuma’s Voice, or the Website are trademarks or registered trademarks of Fatuma’s Voice or Fatuma’s Voice’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fatuma’s Voice or third-party trademarks.

Fatuma’s Voice retains all right, title, and interest in and to the Site, Services, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, “Fatuma’s Voice IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

All use of the Fatuma’s Voice IP shall inure to the benefit of Fatuma’s Voice, and you shall not: (i) contest, or assist others in contesting, our rights or interests in and to the Fatuma’s Voice IP or the validity of our rights in and to the Fatuma’s Voice IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said Fatuma’s Voice IP. All rights in the Fatuma’s Voice IP, which are not expressly granted herein are reserved by Fatuma’s Voice. You hereby agree to assign and do assign to Fatuma’s Voice any modifications or derivative works of any Services made by you in contravention of the foregoing limitation.

7 – Attribution & Advertisements.

Fatuma’s Voice reserves the right to display attribution links in the website or app’s user interface. Such attribution links can be removed upon request and subject to subscribe to plans that include this feature.

Fatuma’s Voice reserves the right to display advertisements on your app unless you have purchased a plan that includes the removal of ads.

8 – Third-Party Services.

You may enable third-party services withn our terms (like API’s), products, software (like scripts), or applications developed by a third party or yourself (“Third Party Services”).

If you use any Third Party Services, you understand that:

  • Third-Party Services are not vetted, endorsed, or controlled by Fatuma’s Voice.
  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
  • Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
  • If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

9 – Termination.

If you wish to terminate this Agreement, you may contact Fatuma’s Voice and request a cancellation of your account. Notwithstanding the previous, if you have purchased a premium subscription, your account can only be terminated by Fatuma’s Voice if you materially breach this Agreement and fail to cure such breach within thirty (30) days of Fatuma’s Voice’s notice to you thereof; provided that Fatuma’s Voice can terminate your account immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10 – Disclaimer of Warranties.

The Website is provided “as is”. Fatuma’s Voice and its suppliers and licensors at this moment disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Fatuma’s Voice nor its suppliers and licensors make any warranty that the Website will be error-free or that access to that will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your discretion and risk.

11 – General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Fatuma’s Voice Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12 – Indemnification.

You agree to indemnify and hold harmless Fatuma’s Voice, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this agreement.

13 – Miscellaneous.

This agreement constitutes the entire agreement between Fatuma’s Voice and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fatuma’s Voice, or by the posting by Fatuma’s Voice of a revised version. The agreement shall be governed by, interpreted, and construed by Kenyan law. The parties irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) save that Fatuma’s Voice has the express right (at its sole discretion) to bring an action against you in a court or courts where you are resident, have your principal place of business or central administration. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fatuma’s Voice may assign its rights under this Agreement without condition. This agreement will be binding upon and will insure to the benefit of the parties, their successors, and permitted assigns.