Please carefully read and understand these Terms of Service (“Terms” or “ToS”) before using the NatuAsili website (the “Service”) provided by PitchKambi Company Limited (“us,” “we,” or “our”). Your access to and use of the Service will depend on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.

Important Legal Details

1. Key Points to Understand Before Becoming a Customer

Our comprehensive terms and conditions are outlined below. However, a few crucial highlights are:

• We reserve the right to modify these Terms, Platform features, or your Membership anytime, notifying you in writing.
• Unless suspended or terminated as per these Terms, your Membership continues indefinitely.
• Your personal data will be managed in line with our privacy policy, found at natuasili.com/privacy-policy.
• We will not bear responsibility for Consequential Loss, losses from a Third Party Service, or any data loss or corruption.
• Benefits, such as referral fees or commissions, might be gained by us if you access specific third-party sites via our Platform links or if certain products/services are highlighted on the Platform.

Note on Our Content

Our Platform’s content, which includes tools, insights, and resources, is presented for broad informational purposes and is given “as is”. The content isn’t meant to be any form of specialized advice. We strive to keep our information current but can’t guarantee its accuracy or that it’s more beneficial than what is outside our Platform. Relying on or utilizing our content is at your discretion and risk. We are not liable for any consequences arising from this. It’s your responsibility to gauge the Platform’s and content’s value and relevance. Always consult a licensed professional for specific advice.

2. The Agreement

This agreement (Terms) is between NatuAsili, a division of PitchKambi Company Limited (referred to as we/us/our), and you. We offer a software platform on the cloud for businesses to assess and enhance their conservation and sustainability efforts, and connect with eco-conscious customers. In this context, “you” denotes the individual or entity holding an account with us. If you represent a company or another entity, you affirm your authority to agree on their behalf.

3. Agreement Acceptance & Platform Licensing

Acceptance of these terms occurs when you check the designated box, click “I accept”, sign up on the Platform, or use our service. You must be 18 years or older to access our Platform as per Kenyan regulations. We can revise these Terms, giving you written notice. If you continue using the Platform post-notification or within 30 days of the notice, you acknowledge and accept the changes. If you disagree, you can end your Membership following the “Membership Cancellation” procedure. On the condition of adhering to these Terms, we offer you (and your authorized users) a non-exclusive, revocable, global, royalty-free, non-transferable license to utilize our Platform. Any other use requires our explicit written consent.

When using our service, ensure you and your authorized users don’t engage in unlawful activities, violate privacy rights, defame, harm, threaten, or use the Platform inappropriately. This includes actions like data mining, introducing viruses, or supporting any such malicious acts.

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4. Business Services with NatuAsili

Upon payment of the fees, we grant you access to our Platform, its support services, and any additional services listed in your Account. Through the Platform, you can:

• Create a profile and list your business on the NatuAsili website.
• Access tools and resources to meet conservation and sustainability objectives.

Please note that the website has its own terms and conditions. For any difficulties or questions regarding the Platform, contact our help desk or email us. We aim to promptly address support queries. The Platform may integrate with third-party services not provided by us. We are not liable for issues arising from these third-party services or data loss. Ensure you backup your data.

5. Account Registration

To utilize the Platform, create an account by providing your business name, and contact information, and choosing a password. Any personal details shared will adhere to our Privacy Policy. Maintain updated information, protect your login credentials, and inform us of any unauthorized account activities. You are accountable for all actions on your Account.

6. Adding Users

You can grant access to other users (Authorized Users) under your Account. Ensure they follow these Terms. Adjust their access or permissions anytime through your Account. Restrictions on the number of Authorized Users will be specified in your Account or on the Platform.

7. Membership Details

Currently, there’s no membership fee. However, we may introduce fees in the future, as mentioned on the  platform.

8. Respect Our Intellectual Property

All intellectual property, content, algorithms, or machine learning models on the Platform belong to us. This includes data from the PitchKambi app shown on the Platform. You’re allowed to use our intellectual property for limited commercial activities only. Avoid unauthorized copying, distribution, or any infringement of our intellectual property rights. This clause remains valid even after your Membership ends.

9. Feedback

Any feedback or suggestions you provide regarding the Platform will be entirely our intellectual property. We reserve the right to utilize this feedback as we see fit, such as developing new features. You won’t be entitled to any benefits from our use of your feedback.

10. Your Data

You retain ownership of any content you upload to the Platform. However, you grant us permission to:

• Communicate with you.
• Deliver the Platform to you and your Authorized Users.
• Share your data with third parties for service provision.
• Diagnose issues, enhance, and modify the Platform.
• Use your data for analytics, after de-identifying it.

You’re responsible for the accuracy and legality of your data. Ensure that sharing your data doesn’t violate any third-party rights or any laws. We can aggregate and anonymize data for internal purposes and might share these insights, ensuring there’s no identifying information. All rights to this aggregated data belong to us. The integrity of the Platform relies on the accuracy of your data. Providing misleading or incomplete data may affect its performance. This section remains applicable even if your membership ends.

11. Warranties

You affirm:

• You won’t use our Platform or intellectual property in competition with us.
• No legal barriers prevent you from agreeing to these terms.
• All details shared with us, whether about your business, verifications, responses, or any other information on the NatuAsili for Business platform, are accurate.
• You’ve not based your decision to use the Platform on any of our representations or warranties unless specified in these terms.

13. Liability Limitation

Unless stated otherwise and as allowed by law:

• Neither party will be held accountable for indirect losses.
• Liability will be proportionally reduced based on the contribution of each party’s actions or negligence, including any failure to reduce their losses. This clause remains valid post-membership termination or expiry.

14. Hosting Termination

• Cancellation: You can cancel your hosting anytime by emailing us. Even if you cancel, your account remains, allowing for potential future reactivation.
• Immediate Termination: If either party (referred to as “Defaulting Party”) violates a crucial term and doesn’t remedy it within 10 business days of being notified by the other party (“Non-Defaulting Party”), or if the Defaulting Party faces solvency issues, the Non-Defaulting Party can terminate the membership immediately.
• Suspension: We can suspend your access if we suspect a breach of terms by you or your Authorized Users. An investigation will follow.
• Post Termination Actions: Upon ending your hosting,
  • Access for you and your Authorized Users to the Platform will be revoked.
  • Payments made by you (like fees) won’t be refundable, except where we are at fault.
  • If we terminate the membership, you’re liable for any costs resulting from it.
  • Your profile remains public on the app unless you request its removal.
• Refunds: If we breach terms and you’ve prepaid, we’ll refund the unused portion of your fees.
• Rights Post Termination: Termination won’t impact any accrued rights or liabilities of either party. This section remains relevant even after your membership ends.

15. General Terms

• Assignment: Parties can’t transfer rights or duties under these terms without written agreement from the other. Your debt to us can be transferred to third parties like debt collectors.
• Dispute Resolution: Before taking disputes to court, parties should try to resolve them in good faith. If unsuccessful, they should use mediation, sharing costs equally. Urgent legal action can bypass this.
• Complete Agreement: This document contains the full understanding between the parties, overriding all prior communications.
• Force Majeure: We aren’t liable for unavoidable circumstances beyond our control.
• Jurisdiction: These terms fall under Kenyan law, and disputes will be settled in Kenyan courts.
• Notices: Formal notices are sent via post or email and are considered received after 48 hours (post) or immediately (email).
• Publicity: With your consent, we may publicize that you use our platform.
• Severance: If any provision is unenforceable, it’ll be adjusted minimally to make it valid; if not possible, it’ll be omitted.
• Third-party Sites: Our platform may link to external sites. We don’t manage or endorse them and aren’t responsible for their content. Purchases from them are between you and the third party. We might receive benefits for certain promotions or links on our platform.

16. Definitions

• Consequential Loss: This includes indirect damages like loss of profits, business, goodwill, opportunities, reputation, data, etc., regardless of the legal basis.
• Intellectual Property: Refers to copyrights, designs, patents, trademarks, domain names, trade secrets, software, etc.
• Intellectual Property Rights: This covers any rights, worldwide, related to intellectual property, whether they can be registered or not.
• Liability: This involves any financial obligations, damages, claims, proceedings, etc., whether direct or indirect, present or future, involving third parties or not.

Contact Us

• If you have any questions about these Terms or need to contact us for any reason, please reach out to us at:

     » Email address: [email protected]

    » Postal address: 58029 – 00200, Nairobi – Kenya