Terms of Use

At SomaSmart our mission is to give every child an opportunity to learn. We do this by collaborating to avail learning materials and instructions at a central repository.

Before you read our detailed, legally binding Terms of Use, here is a non-legalese summary of some key information about reading or accessing to SomaSmart:

  1. We license our Content on SomaSmart under a Creative Commons license.
  2. Our goal is to build a learner-teacher support platform. The content might not be exhaustive from the learner-teacher perspective, you should use your best judgment and consult multiple sources when reading anywhere on the internet, including SomaSmart.
  3. We value your privacy. Read more at our Data Protection Policy.
  4. If you have a question, concern or just want to offer a note of thanks, you can email us at [email protected]

Below is our official Terms of Use. We encourage you to read them carefully. Thank you for using and contributing to SomaSmart.

Introduction

Welcome to SomaSmart, the online platform and mobile service, a product and project of Jocsoft Solutions Ltd. This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the “Service”).

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the SomaSmart Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Use of Our Service

SomaSmart provides a learner-teacher focused environment where users learn at their own pace or guided pace by an instructor. Our goal is to create a one stop shop for all learners needs from kindergarten to high school. We appreciate your valuable contributions to the Service.

  1. Eligibility
  2. You may use the Service only if you can form a binding contract with Jocsoft Solutions Ltd, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by Jocsoft Solutions Ltd team.

  3. SomaSmart Service.
  4. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. SomaSmart may terminate this license at any time for any reason or no reason. Subject to the terms and conditions hereof, SomaSmart further grants to each User of the Service, a license to use any or all text contained in any article found on the Service in accordance with the terms of the Creative Commons CC License. SomaSmart reserves all rights not expressly granted herein in the Service and the SomaSmart Content (as defined below).

  5. SomaSmart Accounts
  6. Your SomaSmart account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a SomaSmart account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to SomaSmart with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

    You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify SomaSmart immediately of any breach of security or unauthorized use of your account. SomaSmart will not be liable for any losses caused by any unauthorized use of your account.

    You may control your User profile and how you interact with the Service by changing the settings in your Preferences . By providing SomaSmart your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

  7. Service Rules
  8. You agree not to engage in any of the following prohibited activities: (i) transmitting spam, chain letters, or other unsolicited email; (ii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Service; (v) collecting or harvesting any personally identifiable information, including account names, from the Service; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud; (viii) interfering with the proper working of the Service; (ix) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (x) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

    If you operate a search engine or robot, or if you republish a significant fraction of all SomaSmart Content (as we may determine in our reasonable discretion), you must follow these rules:

    • You must use a descriptive user agent header;
    • You must provide prominent attribution to SomaSmart;
    • You must follow robots.txt at all times; and
    • You must make it clear how to contact you, either in your user agent string, or on your website if you have one.

    We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

    You are solely responsible for your interactions with other SomaSmart Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SomaSmart shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Trusted Users

SomaSmart may provide certain Users with administrative privileges in order to monitor or provide certain aspects of the Service (“Trusted Users”). These privileges may include, without limitation, the ability to remove User Content provided by other Users or monitor other Users’ use of the Service. For the avoidance of doubt, SomaSmart Trusted Users include, but are not limited to, “Admins” (aka SysOps or Administrators) and “Pedagogical content experts.” You acknowledge that SomaSmart may revoke your status as a Trusted User at any time for any reason or no reason, and may require you to enter into further agreements with SomaSmart depending on your role.

If you are a Trusted User, you acknowledge that you may have access to the personal information of other Users, and you represent and warrant that you will handle that information in accordance with the SomaSmart Privacy Policy and the confidentiality obligations contained herein. You further acknowledge that you may have access to SomaSmart Confidential Information (as defined below), and you represent and warrant, at all times you are serving as a Trusted User and thereafter, to hold in strictest confidence, and not to use, except for the benefit of SomaSmart to the extent necessary to perform authorized services on behalf of SomaSmart, and not to disclose to any person, firm, corporation or other entity, without written authorization from SomaSmart in each instance, any SomaSmart Confidential Information that you obtain from SomaSmart or otherwise obtain, access or create in connection with, or as a result of, your relationship with SomaSmart or your performance of any services as a Trusted User, until such SomaSmart Confidential Information becomes publicly and widely known and made generally available through no wrongful act of you or of others who were under confidentiality obligations as to the item or items involved. You further agree not to make copies of such SomaSmart Confidential Information, except as expressly authorized by SomaSmart and to return to SomaSmart or delete any copies or materials containing SomaSmart Confidential Information upon SomaSmart’s request.

You understand that “SomaSmart Confidential Information” means information and physical material not generally known or available outside SomaSmart and information and physical material entrusted to SomaSmart in confidence by third parties. SomaSmart Confidential Information includes, without limitation: technical data, analytic data, User Internet Protocol (IP) addresses, any personal information relating to Users, software codes and designs, algorithms, non-public business information, and any other non-public information to which you gain access while serving as a Trusted User.

Mobile Software
  1. Mobile Software.
  2. We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. SomaSmart does not warrant that the Mobile Software will be compatible with your mobile device. SomaSmart hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one SomaSmart account on one mobile device owned or leased solely by you, for your personal use. Frequently SomaSmart releases mobile software under an open source license. The particular terms of the license governing your use of the software will be displayed to you prior to downloading the software. By downloading and using the software, you agree to the terms of any applicable license. You acknowledge that SomaSmart may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and SomaSmart or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. SomaSmart reserves all rights not expressly granted under this Agreement or the open source licenses associated with the software. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the SomaSmart Service.

  3. Mobile Software from iTunes.
  4. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and SomaSmart, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to SomaSmart as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to SomaSmart as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes- Sourced Software infringes that third party’s intellectual property rights, SomaSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and SomaSmart acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

Our Proprietary Rights

Except for your User Content, any User contributed article text, or as expressly provided herein, the Service and all materials therein or transferred thereby, including, without limitation, software, images, graphics, illustrations, text, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “SomaSmart Content”), and all Intellectual Property Rights related thereto, are the exclusive property of SomaSmart and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SomaSmart Content. Use of the SomaSmart Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SomaSmart under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SomaSmart does not waive any rights to use similar or related ideas previously known to SomaSmart, or developed by its employees, or obtained from sources other than you.

SomaSmart Property

Certain aspects of the Service may allow you to obtain certain reputational or status indicators (“SomaSmart Property”). You understand and agree that regardless of terminology used, SomaSmart Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at SomaSmart’s sole discretion. SomaSmart Property is not redeemable for any sum of money or monetary value from SomaSmart at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of SomaSmart on SomaSmart servers, including without limitation any data representing or embodying any or all of your SomaSmart Property. You agree that SomaSmart has the absolute right to manage, regulate, control, modify and/or eliminate SomaSmart Property as it sees fit in its sole discretion, in any general or specific case, and that SomaSmart will have no liability to you based on its exercise of such right. All data on SomaSmart’s servers are subject to deletion, alteration, or transfer.

NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON SOMASMART’S SERVERS, MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME FOR ANY REASON IN SOMASMART’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. SOMASMART DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SOMASMART’S SERVERS.

Medical Information

Any medically related content, whether User Content or otherwise found on the Service, is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created. If you think you may have a medical emergency, call your doctor or your local emergency number immediately. The Service is not a substitute for professional medical advice, examination, diagnosis, or treatment. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on any User Content or other content provided by or otherwise found on the Service. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment. The Service should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. The Service does not recommend or endorse any tests, physicians, products, procedures, opinions, or other information found on the Service. The Service is not regulated by the Food and Drug Administration or any state or national medical board. Information posted to SomaSmart or sent in an unsolicited message to a User is not confidential and does not establish a physician-patient relationship without the express consent of the User providing any medically related User Content.

Legal Information

User Content relating to legal issues and any other legal information appearing on the Service is not intended to be legal advice, nor is it intended to form an attorney-client relationship. If you believe that you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney. The Service is provided for informational purposes only, with no assurance that the any content found on the Service is true, correct, or accurate. No action should be taken, delayed, or deferred based on the anything found on the Service. The Service is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests. You should not delay or forego seeking legal advice or disregard professional legal advice based on anything found on the Service. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitations. The Service is not regulated by any state or national bar association. Information posted to SomaSmart or sent in an unsolicited message to a User is not confidential and does not establish attorney-client relationship without the express consent of the User.

Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed.

Security

SomaSmart cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

DMCA Notice

Since we respect artist and content owner rights, it is SomaSmart’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify SomaSmart’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit SomaSmart to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:
  7. Attn: DMCA Notice
    Soma Smart
    C/o:
    Jocsoft Solutions Ltd
    P.O Box 7741-00100
    Nairobi Kenya
    Phone: +254732447447
    Email: [email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying SomaSmart and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SomaSmart’s rights and obligations under the DMCA but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, SomaSmart has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. SomaSmart may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SomaSmart. SomaSmart does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and SomaSmart’s Privacy Policy do not apply to your use of such sites. You expressly relieve SomaSmart from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SomaSmart shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Indemnity

You agree to defend, indemnify, and hold harmless SomaSmart and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOMASMART OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SOMASMART, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

SOMASMART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOMASMART SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SOMASMART WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOMASMART, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SOMASMART BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMASMART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SOMASMART, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SOMASMART HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SOMASMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the republic of Kenya. SomaSmart makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Kenya and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Kenya.

Governing Law and Arbitration.
  1. Governing Law.
  2. You agree that: (i) the Service shall be deemed solely based online; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over SomaSmart, either specific or general. This Agreement shall be governed by the internal substantive laws of the republic of Kenya, without respect to its conflict of laws principles.

  3. Arbitration.
  4. For any dispute with SomaSmart, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that SomaSmart has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any SomaSmart claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Kenya Law Courts. The arbitration will be conducted in Kenya Law Courts unless you and SomaSmart agree otherwise. Each party will be responsible for paying any court files, administrative and arbitrator fees in accordance with court rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SOMASMART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

General
  1. Assignment.
  2. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SomaSmart without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  3. Notification Procedures and Changes to the Agreement.
  4. SomaSmart may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by SomaSmart in our sole discretion. SomaSmart reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. SomaSmart is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. SomaSmart may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date on this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

  5. Entire Agreement/Severability.
  6. This Agreement, together with any amendments and any additional agreements you may enter into with SomaSmart in connection with the Service, shall constitute the entire agreement between you and SomaSmart concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

  7. No Waiver.
  8. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SomaSmart’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.


Contact: Please contact us [email protected] with any questions regarding this Agreement.

This Agreement was last modified on 28 th , March 2019.