Terms of Service

1. Agreement to Terms

By accessing or using Yawakili's legal practice management software and services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, then you may not access the Service.

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Yawakili ("we," "us," or "our"), concerning your access to and use of the Service.

2. Definitions

For purposes of these Terms:

"Account" means a unique account created for you to access our Service or parts of our Service.
"Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you through the Service.
"Client Data" refers to legal case information, client information, documents, and other data uploaded or processed through the Service by you or your clients.
"Service" refers to the Yawakili legal practice management software, website, and associated services.
"Subscription" means the period during which you have access to the Service based on the selected plan.

3. Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

4. Legal Professional Responsibility

As a legal professional using our Service, you acknowledge and agree that:

You remain solely responsible for compliance with all applicable laws, rules of professional conduct, and ethical obligations governing your legal practice.
The Service is a tool to assist in legal practice management and does not constitute legal advice.
You are responsible for maintaining attorney-client confidentiality and privilege in your use of the Service.
You must ensure that your use of the Service complies with the Rules of Professional Conduct issued by the Law Society of Kenya and any other applicable regulatory bodies.
You are responsible for verifying the accuracy and completeness of all Client Data processed through the Service.

5. Subscription Terms

5.1 Subscription Plans

We offer various subscription plans as detailed on our pricing page. Subscription fees are payable in advance on a monthly or annual basis, as selected by you.

5.2 Free Trial

We may offer a free trial for a limited period. At the end of the free trial period, your subscription will automatically convert to the selected paid plan unless you cancel before the trial ends.

5.3 Payment

All payments shall be made in Kenyan Shillings (KES) unless otherwise specified. Payment can be made via M-Pesa or credit/debit card through our secure payment processors.

5.4 Price Changes

We reserve the right to adjust pricing for our Service at any time. We will provide you with at least 30 days' notice of any price changes. Price changes will take effect at the start of the next subscription period following the notice.

5.5 Cancellation and Refunds

You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. We do not provide refunds for partial subscription periods.

6. Intellectual Property

6.1 Our Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Yawakili and its licensors. The Service is protected by copyright, trademark, and other laws of both Kenya and foreign countries.

6.2 Your Content

You retain all rights to your Content and Client Data. By uploading Content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Content solely for the purpose of providing the Service to you.

6.3 Feedback

If you provide us with any feedback or suggestions regarding the Service, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without compensation to you.

7. Data Ownership and Access

7.1 Your Data

You own all rights, title, and interest in and to your Content and Client Data. We do not claim any ownership rights in your Content or Client Data.

7.2 Data Portability

Upon request, we will provide you with a copy of your Content and Client Data in a commonly used, machine-readable format. We will comply with such requests within 30 days.

7.3 Data Retention After Termination

Following termination of your account, we will retain your Content and Client Data for a period of 90 days to allow for data recovery. After this period, we may delete your Content and Client Data, unless we are required by law to retain it for a longer period.

8. Acceptable Use

You agree not to use the Service:

In any way that violates any applicable national or international law or regulation
To engage in any unauthorized practice of law
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
To impersonate or attempt to impersonate Yawakili, a Yawakili employee, another user, or any other person or entity
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm Yawakili or users of the Service
To introduce viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful
To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service

9. Confidentiality

Both parties agree to maintain the confidentiality of any confidential information received from the other party. "Confidential Information" includes:

For Yawakili: technical information, business plans, and proprietary technology
For you: Client Data, case information, and any other sensitive information stored in the Service

This confidentiality obligation shall survive termination of these Terms for a period of five (5) years.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAWAKILI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YAWAKILI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YAWAKILI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YAWAKILI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
ANY CONTENT OBTAINED FROM THE SERVICE
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL YAWAKILI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO YAWAKILI IN THE LAST SIX MONTHS, OR ONE HUNDRED THOUSAND KENYAN SHILLINGS (KES 100,000), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify and hold harmless Yawakili and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

Your use and access of the Service
A breach of these Terms
Content posted on the Service
Your violation of any law or the rights of a third party
Any claims by your clients related to your use of the Service

13. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to cancel your subscription.

14. Governing Law

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

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the Chartered Institute of Arbitrators (Kenya Branch), which Rules are deemed to be incorporated by reference into this clause.

The seat of arbitration shall be Nairobi, Kenya. The language of the arbitration shall be English. The number of arbitrators shall be one.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

17. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.