1. Definitions
For the purposes of these Terms and Conditions:
a) Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Tectona Group Limited, a company duly incorporated in Kenya.
b) Device means any device that can access Wadata such as a computer, a cell phone, or a digital tablet.
c) Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of Wadata digital platform.
d) You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using Wadata, as applicable.

2. Acknowledgment
These Terms and Conditions govern the use of Wadata and the Agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of Wadata. Your access to and use of Wadata is conditioned on Your acceptance of and compliance with these Terms and Conditions. By accessing and/or using Wadata, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access Wadata. You represent that you are over the age of 18. The Company does not permit those under 18 to use Wadata.
Your access to and use of Wadata is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information. Please read Our Privacy Policy carefully before using Wadata.

3. About Wadata
Wadata is a digital marketplace for verified community-based Data Monitors, Enumerators, and Annotators skilled in collecting, monitoring, validating, and labeling high-quality datasets for better decision making, climate action, and AI localisation in Africa. Wadata aims to Empowering African youth in the underserved communities through digital, data and green skills, and Connecting them to inclusive decent job opportunities for climate action and sustainable socio-economic growth.
Wadata services shall be provided through Wadata digital platform delivered via the internet accessible through: https://wadata.africa/.

4. License Grant
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use Wadata for your personal and internal business purposes. This license does not include any right to sublicense, resell, or distribute Wadata or its contents; any derivative use of Wadata or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by the Company or its licensors, suppliers, publishers, rights holders, or other content providers. Unless otherwise agreed by the Company in a separate written Agreement with you, Wadata services are made available solely for your personal, noncommercial use.

5. Subscription of Services
The Company offers different payment or subscription plans for accessing certain Wadata services, including free and paid plans. The features and functionalities available to you may vary depending on the payment plan you select. If you choose a free subscription plan, you will have access to certain basic features of Wadata as determined by the Company.
The Company reserves the right to modify or discontinue free services at any time without prior notice. If you choose a paid subscription plan, you will have access to additional features and functionalities of Wadata as outlined in the plan details. You agree to pay the applicable fees for your selected plan in accordance with the Company's pricing terms. Payments are non-refundable, except as expressly provided in these Terms or required by applicable law.
You may upgrade or downgrade your subscription plan at any time, subject to the availability of such options and any applicable terms and conditions. Any changes to your subscription plan may affect your access to certain features and functionalities of Wadata.

Paid subscriptions are automatically renewed at the end of the subscription period unless you cancel your subscription before the renewal date. You authorise the Company to charge the applicable fees using the payment method on file unless you provide alternative payment instructions. You may cancel your subscription at any time, but no refunds will be provided for any unused portion of your subscription period. Upon cancellation, your access to paid features and functionalities will be terminated at the end of the current subscription period.
The Company may modify these subscription terms, including pricing and features, at any time. The modified terms will be effective upon posting on Wadata or notification to you. Your continued use of Wadata after such changes constitutes acceptance of the modified terms.

6. Provision of Services and Customer Support
The Company will use commercially reasonable efforts to ensure that Wadata is available to you without interruption, except for scheduled maintenance and upgrades, force majeure events, or other circumstances beyond our control.
The Company will provide reasonable Customer Support to You for the subscribed service on weekdays during the hours of 0900 – 1800 Hours East Africa Time (EAT), with the exclusion of Holidays (“Support Hours”). You can access support information and/or request support through our Help Centre page accessible on:  https://wadata.africa/help_center

The Company shall respond to customer inquiries and support requests within commercially reasonable timeframes, as determined by the severity and nature of the issue.
The Company may offer additional services beyond standard customer service and support, such as consulting or customisation services, which may be subject to additional fees. You shall be notified of any additional fees and must agree to them in writing before the services are provided.

7. User Accounts: Access Control and Security
Wadata offers an individual and sharing account feature that allows multiple users to access the same account, each with their own separate login and access permissions. However, access to the account is granted based on roles by the super admin.
When creating a Wadata account, you may not use a username that is the name of another person or entity, that is not lawfully available for use, that is a name or trademark subject to any rights of another person or entity other than you without appropriate authorization, or that is otherwise offensive, vulgar, or obscene.
You are solely responsible for administering passwords and identifications and controlling the access of Wadata users to specific data records through your account. You must immediately notify the Company of any unauthorized access to or use of your Wadata account. The company shall not be liable for any claims, damages, or liabilities arising from unauthorized access to the platform due to your failure to implement adequate security, access controls or negligence in administering passwords and identifications.

8. Unauthorized Use of Wadata
When using Wadata, You SHALL NOT: (a) sublicense, resell, distribute, or otherwise commercially exploit the Platform; (b) modify or create derivative works based on the Platform; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform; (d) remove any proprietary notices or labels from the Platform; or (e) knowingly access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal or unlawful activity; (iii) depicts sexually explicit images; (iv) promotes unlawful violence; (v) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability; or (vi) is otherwise illegal or causes damage or injury to any person or property.
The company reserves the right to suspend or terminate your access to Wadata if we reasonably believe that you or any other Authorized User has engaged in any unauthorized use of the Platform.

9. Maintenance and Updates
The Company may, from time to time and at its sole discretion, provide updates, upgrades, or modifications to Wadata ("Updates"). These Updates may include bug fixes, feature enhancements, and improvements to the user interface or user experience. The Company may also perform routine maintenance on Wadata to ensure proper functioning and security. The Company will make reasonable efforts to notify you in advance of any scheduled maintenance that may affect your use of Wadata.
However, there may be occasions when emergency maintenance is required, and the Company may need to perform maintenance without prior notice. The Company shall not be liable for any losses or damages arising from such maintenance activities. You agree that the Company may update or modify Wadata at any time, with or without notice, and that your continued use of Wadata after such Updates constitutes your acceptance of the updated Terms.
The Company reserves the right to discontinue or retire any part of Wadata, including features or functionalities, at any time, without liability to you or any third party.

10. Third-Party Services
You acknowledge that the company may integrate third-party services or technologies ("Third-Party Services") into Wadata to enhance functionality, provide additional features, or facilitate the provision of services under this Agreement. Except as expressly provided in this Terms, the company disclaims all warranties, whether express, implied, or statutory, regarding Third-Party Services, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.
Wadata may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

11. Intellectual Property Rights
The company retains all rights, title, and interest in all intellectual property rights on Wadata, including but not limited to copyrights, trademarks, trade secrets, and any other proprietary rights therein. Nothing in these Terms shall be construed to grant You any ownership rights to the Platform or any of the company's intellectual property. Neither these Terms nor your use of Wadata grants you any rights to or ownership in any logos, graphics, images, software, copyright, trademarks, registered trademarks, service marks, or other proprietary information accessed through the Website or the Services (the "Intellectual Property"). All right, title and interest in and to the Intellectual Property will remain solely with Tectona Group Limited, its affiliate entities or Tectona Group’s third-party licensors.
Your use of Wadata grants you no right or license to reproduce or otherwise use the Intellectual Property. You have no right to access the object code or source code of Wadata at any time.

12. User-Uploaded Data
You retain all ownership rights to any data, information, content, or materials (collectively, "User Data") that you upload, post, transmit, or otherwise make available through Wadata. By uploading, posting, transmitting, or making User Data available, you grant the Company a worldwide, non- exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform the User Data solely for the purpose of providing the services offered by Wadata and as otherwise described in these Terms.
You are solely responsible for the User Data that you upload, post, transmit, or otherwise make available through Wadata. You represent and warrant that you have all necessary rights, licenses, and permissions to upload, post, transmit, or otherwise make available the User Data and to grant the above-mentioned license to the Company.
It is your responsibility to maintain backup copies of your User Data. The Company shall not be responsible for any loss or corruption of User Data.

13. Restricted User Data
You agree NOT TO upload, post, transmit, or otherwise make available any User Data that is unlawful, or otherwise objectionable including but not limited to:
a) Defamatory, discriminatory, obscene, pornographic, invasive of privacy or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
b) Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
c) Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
d) Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
e) Impersonating any person or entity including the Company and its employees or representatives.
f) False information and features.
The Company reserves the right to remove any User Data that violates these Terms or is otherwise deemed inappropriate.

14. Data Security
The Company is committed to protecting your privacy and handling your User Data in accordance with its Privacy Policy. We use industry-leading practices to protect your data, including a system architecture that separates different users' data into separate back-end databases and separate system memory spaces so that bugs or system errors cannot easily allow one user to access another's data. However, you acknowledge and agree that no system can guarantee absolute security, and the Company shall not be liable for any unauthorized access to, or use or disclosure of, your User Data.

15. Data Retention and Access
The Company may retain your User Data for as long as necessary to fulfill the purposes for which it was collected, including for backup, archival, and audit purposes, or as required by law. You may request the deletion of your User Data by contacting the Company, subject to applicable laws and the Company's data retention policies.
Upon request, and to the extent feasible, the Company may provide you with a copy of your User Data in a commonly used electronic format.
The Company may, in its sole discretion, modify, adapt, or format your User Data to ensure compliance with Wadata's technical requirements or these Terms.

16. Termination
The Company reserves the right to terminate or suspend your subscription and/or access to Wadata at any time for violation of these Terms or for any other reason, with or without notice, or liability, in its sole discretion. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

17. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the company, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the services or any third-party services, regardless of whether such damages are based on warranty, contract, tort (including negligence), or any other legal theory, and even if the company has been advised of the possibility of such damages. The company's total liability to you for any claim arising out of or in connection with this agreement or the services shall not exceed the amount paid by you to the company for the services in the twelve months prior to the event giving rise to the claim.

18. Disclaimer
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no representations or warranties of any kind, express or implied, regarding the Services or the content contained therein. The Company does not warrant that the Services will be uninterrupted or error- free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components.

The Company does not warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of the Services.
The Company reserves the right to modify, suspend, or discontinue the Services or any part thereof at any time, with or without notice.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

19. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

20. Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

21. Governing Law
These Terms and Your use of the Service shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

22. Disputes Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company and resolve the dispute as follows:

Negotiation
In the event of any dispute or disagreement arising out of or relating to these Terms, you agree to first attempt to resolve the dispute through good faith negotiations between you and the company. You and the Company shall designate representatives with decision-making authority for such negotiations.

Mediation
If negotiations do not lead to a resolution within thirty (30) days after the written notice of dispute, you and the Company agree to submit the dispute to mediation. The mediation shall be conducted by a mediator mutually agreed upon by both parties. The costs of mediation shall be shared equally between you and the Company unless the mediator determines otherwise.
Should such mediation fail to achieve a resolution within one hundred and twenty (120) days, either you or the Company may declare a dispute by written notification to the other, whereupon such dispute shall be referred to any court of competent jurisdiction in Kenya.

23. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (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, in whole or in part, please stop using the website and the Service.

24. Feedback and Inquiry
The Company welcomes feedback, suggestions, or ideas regarding Wadata, which you may submit voluntarily. By providing feedback, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, reproduce, disclose, sublicense, distribute, and exploit such feedback without restriction.
If you have any feedback about Wadata or questions about these Terms and Conditions, You can contact us through: https://wadata.africa/help_center OR Email: [email protected]

BY PROCEEDING TO USING WADATA PLATFORM, YOU HAVE READ AND AGREED TO THESE TERMS OF USE.