Terms of Service .

By accessing or using the Kyfaru website, products, or services (collectively, the “Services”), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Services.

These terms apply to all visitors, users, and others who access or use the Services. By using the Services, you represent that you are at least 18 years old, or the age of majority in your jurisdiction.

Kyfaru provides software development, design, AI integration, and consulting services for businesses and individuals. Specific Services may include but are not limited to:

• Web and mobile application development
• UI/UX design and brand systems
• USSD solutions and integrations
• AI integration powered by Mwamba AI
• Backend, database, and infrastructure work

We reserve the right to modify, suspend, or discontinue any Service at any time without prior notice.

You agree to:

• Provide accurate, current, and complete information when requested.
• Use the Services only for lawful purposes and in compliance with all applicable laws.
• Not interfere with or disrupt the Services or servers.
• Not attempt to gain unauthorized access to any part of the Services.
• Maintain the confidentiality of any account credentials provided to you.

Fees for project-based engagements are agreed upon in writing before work begins, typically through a signed Statement of Work or Contract. Payment milestones, deliverables, and timelines are specified in each individual agreement.

Unless otherwise stated, all fees are quoted in Kenyan Shillings (KES). Late payments may incur additional fees or pause active work until accounts are settled.

Upon full payment of all fees owed, ownership of deliverables created specifically for you under a project agreement transfers to you, subject to any third-party licences and any Kyfaru pre-existing tools, libraries, or frameworks used in delivery.

Kyfaru retains ownership of its proprietary methodologies, internal tools, and any reusable code components that exist independently of your project. We may showcase work in our portfolio unless otherwise agreed in writing.

We treat all client information, code, designs, and business details as confidential. We do not disclose project specifics to third parties without your written consent, except as required by law.

Mutual NDAs are available upon request for sensitive engagements.

We deliver Services with reasonable skill and care, in line with industry standards. However, the Services are provided “as is” without warranties of any kind, either express or implied, including but not limited to merchantability or fitness for a particular purpose.

We do not guarantee that the Services will be uninterrupted, error-free, or free from external attacks or vulnerabilities.

To the maximum extent permitted by law, Kyfaru shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business, even if advised of the possibility of such damages.

Our total cumulative liability for any claim related to the Services shall not exceed the total fees paid by you to Kyfaru in the twelve (12) months preceding the claim.

Either party may terminate a project engagement with written notice as specified in the relevant Statement of Work. Upon termination, you remain responsible for all fees for Services performed up to the termination date.

We may terminate or suspend access to the Services immediately, without notice, for any breach of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms shall be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to the courts of Nairobi, Kenya.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new “last updated” date.

Your continued use of the Services after such changes constitutes acceptance of the new Terms.

Questions about these Terms? Reach us at legal@kyfaru.com or through the contact form on our website.