Terms & Conditions

1. Introduction & Acceptance

These Terms and Conditions ("Terms") govern your use of the Minaki Health platform, website, and related services (collectively, the "Platform"). By accessing, registering, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Platform.

2. Eligibility

By using the Platform, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into a binding agreement
• You are not located in a country that is subject to sanctions or embargoes
• You have not previously been suspended or removed from the Platform
• All registration information you provide is truthful and accurate

3. Platform Access & Licenses

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial purposes. This license is subject to your compliance with these Terms.

• Free tier: access to basic features and tools as described on our pricing page
• Premium tier: access to advanced features upon payment of applicable fees
• You may not sublicense, resell, or commercially exploit the Platform
• We reserve all rights not expressly granted in these Terms

4. User Obligations & Responsibilities

As a user of the Platform, you agree to:

• Provide accurate and complete information when creating your account
• Maintain the confidentiality of your login credentials
• Use the Platform in compliance with all applicable laws and regulations
• Not engage in any activity that disrupts or interferes with the Platform
• Not attempt to access any unauthorized areas of the Platform
• Report any security vulnerabilities or breaches immediately
• Not use the Platform for any illegal or unauthorized purpose

5. Health & Medical Disclaimer

CRITICAL NOTICE: Minaki Health provides informational and educational resources only. The Platform does NOT constitute medical advice, diagnosis, or treatment.

• The content on the Platform is for informational purposes only
• Always consult a qualified healthcare provider for medical concerns
• In case of emergency, call 1199 (Kenya Red Cross) or your local emergency services
• AI-powered tools and assessments are for informational purposes only and are not diagnostic tools
• Therapists on the Platform are independent practitioners, not employees of Minaki Health
• The therapeutic relationship is formed directly between you and the therapist
• Never disregard professional medical advice due to content on our Platform

6. Privacy & Confidentiality

We are committed to protecting your privacy and maintaining the confidentiality of your personal information. Our data handling practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

• All personal data is processed in accordance with our Privacy Policy
• Communications with therapists are encrypted end-to-end
• We implement appropriate technical and organizational security measures
• We will notify you of any data breaches affecting your personal information

7. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Minaki Health, its licensors, or other providers of such material and are protected by applicable intellectual property laws.

• You may not reproduce, distribute, modify, or create derivative works without our written consent
• The Minaki Health name, logo, and all related names, product names, and designs are our trademarks
• User-generated content remains your property, but you grant us a license to host and display it
• You retain all rights to content you submit, post, or display on the Platform

8. Payment Terms & Subscriptions

Premium services require payment of subscription fees as displayed on our pricing page.

• All fees are non-refundable except as expressly stated or required by law
• We use third-party payment processors (Paystack, M-Pesa) to handle payments securely
• Subscription fees are billed annually at the time of purchase
• We may change subscription fees with 30 days notice
• Failure to pay may result in suspension or downgrade of your account
• You are responsible for all taxes associated with your subscription

9. Termination & Suspension

We reserve the right to terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

• You may terminate your account at any time from your account settings
• Upon termination, your right to use the Platform will immediately cease
• We may retain certain data as required by applicable law
• Sections of these Terms that by their nature should survive termination shall survive

10. Limitation of Liability

To the fullest extent permitted by applicable law, Minaki Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, use, or goodwill
• Service interruption or computer damage
• Personal injury or property damage
• Any conduct or content of any third party on the Platform
• Any damages arising from unauthorized access to or use of our servers

11. Indemnification

You agree to indemnify, defend, and hold harmless Minaki Health, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the Platform

12. Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Platform shall be resolved through the following process:

• Informal resolution: first, contact us to resolve the dispute informally
• Mediation: if informal resolution fails, we will attempt mediation
• Arbitration: if mediation fails, disputes shall be resolved by binding arbitration in Nairobi, Kenya
• The arbitration shall be conducted in English by a single arbitrator
• Each party shall bear its own costs and share arbitration costs equally

13. Governing Law

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. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. We will make reasonable efforts to notify you of material changes via email or through the Platform. Your continued use of the Platform after any changes constitutes your acceptance of the modified Terms.

15. Contact Information

For questions, concerns, or requests regarding these Terms and Conditions, please contact us: