Terms of Use

Please read these Terms of Use (the “Terms of Use”) carefully as this is a binding agreement between Mkononi. (“Mkononi”, “we”, “our”, or “us”) and you (“Licensee” or “you”).

These Terms of Use apply to your access to and use of the Mkononi website, software, application (including mobile applications), technology, tools, services, products, and functionalities made available to you by us (the “Services”).

By accessing or using the Services in any way, completing the registration process, or clicking on the “I Accept” or similar button, you represent that (1) you have read, understand, and agree to be bound by the Terms of Use, (2) you are of legal age to form a binding contract with Mkononi, and (3) you have the authority to enter into the Terms of Use personally or on behalf of the company you have designated as the user of the Services, and to bind that company to these Terms of Use. If you do not agree to be bound by the Terms of Use, or if you are below the age of legal majority where you reside, you may not access or use the Services.

OUR SERVICES ARE NOT INTENDED FOR USERS WHO ARE RESIDENT OUTSIDE THE UNITED STATES OR KENYA, INCLUDING USERS WHO ARE RESIDENT IN THE EUROPEAN ECONOMIC AREA, UK, OR SWITZERLAND. IF YOU ARE RESIDENT OUTSIDE THE UNITED STATES OR KENYA AND NONETHELESS CHOOSE TO PROVIDE US WITH YOUR PERSONAL INFORMATION, WE WILL PROCESS SUCH INFORMATION AS SET OUT IN SECTION 14 (CONTENT, OTHER INFORMATION, AND USE).

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

THE SERVICES UTILIZE VARIOUS ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND LANGUAGE LEARNING MODEL TECHNOLOGIES TO TAKE INPUT (DEFINED BELOW) TO GENERATE CERTAIN RESULTING DATA, AUDIO, TEXT, OR OTHER OUTPUT THROUGH THE SERVICES (“OUTPUT”). You acknowledge and agree that artificial intelligence, machine learning, and language learning models are rapidly evolving fields of study. Given the probabilistic nature of artificial intelligence, machine learning, and language learning models, the use of the Services may, in some situations, result in a response or Output that does not accurately reflect real people, places, or facts. When using the Services, you understand, acknowledge and agree that: 

• Output may not always be accurate, and you should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output.
• The Services may provide incomplete, incorrect, or offensive Output that does not represent Mkononi’s views.
• If Output references any third-party products or services, it does not mean that the third party endorses or is affiliated with Mkononi.
• You must not use any Output relating to a person for any purpose that could have a legal or other material impact on that person.
  
  Your use of certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use those Services. If Sections 1 through 12 of these Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely with respect to your use of the Services to which the Supplemental Terms apply. The term “Terms of Use” includes any applicable Supplemental Terms referred to herein.

You may provide certain information to us in connection with your access to or use of the Services, or we may otherwise collect certain information about you when you access or use our Services. You represent and warrant that any information that you provide to us in connection with the Services, including in connection with the registration process, is accurate. For information about how we collect, use, share, and otherwise process information about you, please review our Privacy Policy. Entering into these Terms of Use constitutes your acceptance of Mkononi's Privacy Policy, found at mkononi.org/privacy, and consent to our collection, storage, use and disclosure of your personal information as described therein.

We are continuously working to develop and improve our Services. We may update these Terms of Use or our Services accordingly from time to time. Mkononi also reserves the right, at its discretion, to change, modify, update, suspend, restrict, or alter your access to any features or parts of the Services, and may require that you download and install updates to the Services, at any time, without notice or liability to you. When changes are made, Mkononi will make a new copy of the Terms of Use available within the Services and any new Supplemental Terms will be made available from within, or through, the affected Services. We will also update the “Last Updated” date at the top of the Terms of Use. If you do not agree to any such change(s), you must stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF USE. For example, we may make changes to these terms of Use or Services due to: (a) changes to the law or regulatory requirements, (b) security or safety reasons, (c) circumstances beyond our reasonable control, (d) changes we make in the usual course of developing our Services, or (e) to adapt to new technologies.

1. Grant of a Limited License to Use the Services
1. License. Subject to your agreement, and continuing compliance with these Terms of Use, and any other relevant Mkononi policies, Mkononi grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to download, use and access the Services solely for your own use (the “Authorized Purpose”). You agree not to use the Services for any other purpose. For clarity, any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
2. Necessary Equipment. The Services may require an internet connection and/or a cellular data plan to access internet-based and cellular-based features, authenticate the Services, or perform other functions. You acknowledge that you may be charged by your service provider, and shall be responsible for any such charges, for access to such Services.
2. Rules of Conduct. Any use of the Services in violation of these limitations set out in this Section is strictly prohibited, can result in the immediate revocation of your license and may subject you to liability for violations of law. Mkononi reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Services themselves. Mkononi reserves the right to take any action as a result, which may include terminating your access and prohibiting you from using the Services.  Such actionable violations are set forth in the following rules where you agree that you will not, under any circumstances, directly or indirectly:
1. Engage in any act that Mkononi deems to be in conflict with the spirit or intent of the Services or make improper use of the Services or Output;
2. Use unauthorized third-party software, code or other devices, including viruses, worms, time bombs, Trojan horses, and other harmful, malicious, and destructive materials, designed to modify or interfere with the Services or otherwise could damage, embarrass, libel or negatively affect the goodwill and reputation of Mkononi;
3. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Services or any other Mkononi environment;
4. Institute, assist, or become involved in any way with any type of attack upon the Services, including, but not limited to, distribution of a virus, adware, spyware, worms, or other malicious code, denial of service attacks or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
5. Attempt to gain unauthorized access to the Services, or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by Mkononi, including, but not limited to, by damaging, disabling, removing, circumventing, modifying, or otherwise interfering, attempting to damage, disable, remove, circumvent, modify, or otherwise interfere, or encouraging or assisting any other person to damage, disable, remove, circumvent, modify, or otherwise interfere with any security, technology, device, or software that is part of the Services;
6. Automatically or programmatically extract data or Output;
7. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group;
8. Make available through the Services any material or information, including any Output, that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including, but not limited to, Mkononi’s employees, or any other similar fraudulent activity that deceives or misleads others or furthers misinformation or disinformation;
9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software, components, or other intellectual property used to provide the Services or any of the information or content therein, including Mkononi’s proprietary technology, models, algorithms, or systems;
10. Represent that Output was human-generated when it was not;
11. Use the Services or Output for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
12. Breach any technology control or export laws and regulations that apply to the technology used or supported by the Services;
13. Use the Services for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation;
14. Reproduce, duplicate, copy, sell, trade, resell, lease, distribute or exploit for any commercial purpose, any portion of the Services, or access to or use of the Services;
15. Use the Services or any Output for comparative analysis or to build a competing service, solution, or product;
16. Use or direct or permit a third party to use the Services, any Output, or any other information generated, received or derived from the Services to create, develop, train, test, or otherwise improve (or create training data for) any artificial intelligence, machine learning, or language learning models or systems;
17. Modify, adapt, translate, or create derivative works based upon the Services or any part thereof;
18. Prompt Output that would be offensive, pornographic, promote any one political or religious ideology; or
19. Solicit professional advice (including but not limited to medical, financial, or legal advice) or content to be used for the purpose of engaging in other regulated activities (including but not limited to political campaigning or lobbying).

1. Types of Content. You may provide, designate, select or input data, which could include text, voice, images, audio, video, or recordings, to the Services with prompts, questions, information or other similar materials (collectively, “Input”) in order to receive Output. Input and Output are collectively “Content.” You are responsible for your Content, including ensuring that it does not violate any applicable law or these Terms of Use. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services and that you will not provide Input or otherwise use the Services in any way that infringes or violates someone else’s rights, including intellectual property rights. If you choose to make any of your information publicly available through the Services or otherwise, you do so at your own risk.
1. No PHI.  You may not provide any Input that includes protected health information.
2. Due to the nature of artificial intelligence, machine learning, and language learning models, your Output may not be unique and other users may receive similar output from the Services.
3. Posting your Content to your social media accounts, livestreaming your interactions with our Services, including any generation of your Content, or otherwise sharing your Content with third parties (whether privately or publicly) is generally permissible, subject to your adherence to these Terms of Use and our other policies at all times, including our brand guidelines. When posting any of your Content, you must indicate that the Content is AI generated.
2. Moderation. You acknowledge that Mkononi expressly disclaims any duty or obligation to review or pre-screen Content, although Mkononi reserves the right in its sole discretion to review, pre-screen, refuse, delete or remove any Content at any time and for any reason with or without notice. Without limiting the foregoing, Mkononi shall have the right to remove any Content that violates the Terms of Use, applicable law or is otherwise objectionable and may (i) terminate or suspend your access to all or part of the Services, temporarily or permanently, or (ii) take any action with respect to the Content that is necessary or appropriate, in Mkononi’ sole discretion, to ensure compliance with applicable law and these Terms of Use, to protect Mkononi’s rights, to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests), or to respond to threats to the personal safety of users or the public.
3. Your Content. As between you and Mkononi, and to the extent permitted by applicable law, you retain your ownership rights in your Content. For the avoidance of doubt, Output excludes at all times Mkononi’s proprietary intellectual property, technology, models, algorithms, or systems.
4. Other Information. In addition to the Content, you may provide to us, or we may generate, derive or otherwise collect, other data and information in connection with our provision or your use of the Services, including your account registration data (“Information”).
5. License to Your Content and Other Information. You hereby grant to Mkononi the right and license to use, host, perform, display (if applicable), sublicense, modify, and create derivative works of your Content and Information to (i) provide, maintain, develop, and improve our Services (including, with respect to Logged-in Users, to develop, train, test, or improve artificial intelligence, machine learning, or language learning models or systems), (ii) comply with applicable law, (iii) enforce our terms and policies, and (iv) keep our Services safe. This right and license is perpetual, irrevocable, non-exclusive, worldwide, and royalty-free, and, for clarity, continue after you delete or remove your Content, or you or we terminate or suspend your account or the Terms of Use.
6. Data Deletion. You may request for us to delete your personal data as required under applicable law. Please see Mkononi’s Privacy Policy, found at Mkononi.org/privacy, for more information.
7. Feedback. You may voluntarily submit ideas, suggestions or recommendations to Mkononi regarding the Services or any of Mkononi’s products, services, or business (“Feedback”), or we may communicate with you using the email address or other contact information you provide in connection with the Services to solicit Feedback. If you provide any Feedback, then the Feedback shall be Mkononi’s confidential information and may be used or disclosed by Mkononi for any purpose throughout the world, including to retain, use, incorporate, iterate on, create derivative works of, develop, and exploit such Feedback in Mkononi’ and/or its affiliates’ products and/or services, without payment of royalties, any other consideration to you, or restriction based on intellectual property rights or otherwise whatsoever.
8. Web Users Who Are Not Registered. If you are an unregistered user of the Services and accessing the Services solely via our website (excluding mobile application), per our Privacy Policy, your Content will automatically be deleted after thirty (30) days unless we must retain such Content, such as to comply with regulatory, tax, accounting or reporting requirements, to enforce our terms and policies, or to keep our Services safe. In such cases, we will retain Content only as long as we have a legitimate business purpose to do so per the terms of our Privacy Policy. Further, if you are an unregistered user of the Services and accessing the Services solely via our website (excluding mobile application), we will not use your Content to train any of our language learning models without your consent.
9. Logged-in Users. If you choose to create an account with Mkononi and become a registered user of the Services (“Logged-in Users”), then our retention and processing of your Content and Information is subject to the applicable laws. Furthermore, Mkononi reserves the right to use your Information and Content generated during such time as you are logged-in and using the Services for any legitimate business purpose, including, without limitation, to train any of our language learning models or otherwise. By becoming a Logged-in User, you are providing your consent to Mkononi’s collection and retention of your Content generated during such time as you are logged-in and using the Services, subject to the further terms and conditions of the Privacy Policy. A termination or suspension of your account, whether by you or by us, does not require us to delete your Content or Information as a Logged-in User

Except with respect to your Content, you agree that Mkononi and its licensors own all rights, title and interest in the Services, including without limitation the text, graphics, images, photographs, videos, illustrations, and other content contained therein, the related documentation and materials provided therewith, and all intellectual property rights therein and thereto. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Except as explicitly stated in these Terms of Use, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors.

You agree to indemnify and hold Mkononi, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Mkononi Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content; (b) your use of, or inability to use, the Services; (c) your violation of the Terms of Use; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations. Mkononi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mkononi in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms of Use or your access to the Services.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, DEFECTS, AND ERRORS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MKONONI DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INSTALLATION OR USE OF THE SERVICES IS AT YOUR OWN RISK AND MAY RESULT IN LOSS OR CORRUPTION OF DATA OR OTHER UNINTENDED CONSEQUENCES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MKONONI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY CONTENT, INCLUDING OUTPUTS, OR ANY OUTPUTS THAT ARE DISTURBING OR UPSETTING. YOU SHOULD NOT RELY UPON OUTPUTS FOR ANY PURPOSE OR USE OUTPUTS TO INFORM PROFESSIONAL ADVICE OR DECISIONS RELATED TO MEDICINE, FINANCE, LAW, OR PHARMACEUTICALS. IF YOU PLAN TO USE OUTPUTS FOR ANY REASON, IT IS YOUR SOLE RESPONSIBILITY TO VERIFY OUTPUTS. THE SERVICES AND ANY CONTENT MAY NOT REFLECT ACCURATE, COMPLETE, OR CURRENT INFORMATION.

THE SERVICES WILL GENERATE OUTPUT BASED ON INPUTS THAT YOU PROVIDE. THE SPECIFIC CONTENT THAT THE SERVICES WILL RETURN BASED ON YOUR INPUTS CANNOT BE PREDICTED IN ADVANCE. THE SERVICES MIGHT GENERATE CONTENT THAT YOU CONSIDER INCORRECT, OFFENSIVE OR OBJECTIONABLE AND/OR THAT DOES NOT REPRESENT MKONONI’S VIEWS. BY AGREEING TO THESE TERMS AND BY USING THE SERVICES, YOU RECOGNIZE AND ASSUME THE RISK THAT THE INPUTS YOU PROVIDE MIGHT RESULT IN GENERATION OF CONTENT THAT YOU CONSIDER INCORRECT, OFFENSIVE OR OBJECTIONABLE. YOU ALSO RECOGNIZE AND AGREE THAT YOU – NOT MKONONI – ARE RESPONSIBLE FOR YOUR USE OF, AND/OR ANY ACTIONS YOU TAKE IN RELATION TO, CONTENT GENERATED BY THE SERVICES BASED ON YOUR INPUTS.

NOTHING IN THESE TERMS OF USE SHALL AFFECT YOUR LEGAL RIGHTS AS A CONSUMER OR EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY GROSS NEGLIGENCE OF MKONONI, FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED. SUBJECT TO THE PRECEDING SENTENCE, IN ALL EVENTS, THE MKONONI PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO MKONONI IN ACCORDANCE WITH THESE TERMS OF USE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM; OR (II) $1,000 USD. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO MKONONI DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE MKONONI PARTIES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH MKONONI IS TO STOP USING THE SERVICES.

MKONONI PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICES THEMSELVES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MKONONI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MKONONI PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MKONONI AND YOU.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the disclaimers and limitations included in these Terms OF USE may not apply to you. To the extent that Mkononi may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms OF USE, the scope of such warranty, and the extent of Mkononi’s liability, shall be the minimum permitted under such applicable law.

Please read this Arbitration Agreement carefully. It is part of your contract with Mkononi and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use or the use of any product or service provided by Mkononi that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Mkononi, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or goods provided under the Terms of Use.
2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and Mkononi may attempt to resolve the claim or dispute informally. If you and Mkononi do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If you initiate an arbitration in which you seek less than $500 in damages and comply with the Terms of Use, including the notice requirement set forth in Section 9.b, Mkononi shall reimburse you for your AAA filing fee, and shall pay all administration and arbitrator fees up to a total amount of $500. If the Arbitrator grants you an award, the company will reimburse your attorney’s fees.
4. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
5. Time Limits. If you or Mkononi pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Mkononi, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Mkononi.
7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Mkononi in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MKONONI WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
9. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
11. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Mkononi.
13. Small Claims Court. Notwithstanding the foregoing, either you or Mkononi may bring an individual action in small claims court.
14. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
15. Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco County, California, for such purpose.

1. Termination by Mkononi. Mkononi may terminate and/or suspend your use of the Services in accordance with these Terms of Use, including without limitation pursuant to Section 3, 4 and 11.
2. Termination of Services by You. If you want to terminate the Services provided by Mkononi, you may do so by notifying Mkononi at any time for all of the Services that you use. Your notice should be sent, in writing, to Mkononi’s address set forth below.
3. Effect of Termination. Termination of any Services includes removal of access to such Services and barring of further use of the Services. Mkononi will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms of Use which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

1. Violations. If Mkononi becomes aware of any possible violations by you of the Terms of Use, Mkononi reserves the right to investigate such violations. If, as a result of the investigation, Mkononi believes that criminal activity has occurred, Mkononi reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Mkononi is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your Content, in Mkononi’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms of Use, (iii) respond to any claims that your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Mkononi, its customers and users or the public, and all enforcement or other government officials, as Mkononi in its sole discretion believes to be necessary or appropriate.
2. Breach. In the event that Mkononi determines, in its sole discretion, that you have breached any portion of the Terms of Use, or have otherwise demonstrated conduct inappropriate for the Services, Mkononi reserves the right to:
1. Warn you via e-mail (to any e-mail address you have provided to Mkononi) that you have violated the Terms of Use;
2. Delete any of your Content provided by you or your agent(s) to the Services;
3. Discontinue your use or access of any of the Services;
4. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
5. Pursue any other action which Mkononi deems to be appropriate.
3. No Subsequent Access. If your ability to access the Services is discontinued by Mkononi due to your violation of any portion of the Terms of Use or for conduct otherwise inappropriate for the Services, then you agree that you shall not attempt to access the Services through any other means, including use of a different browser, name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Mkononi reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

1. Assignment. Mkononi may assign or delegate these Terms of Use and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use or Privacy Policy without Mkononi’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
2. Severability. You and Mkononi agree that if any Section of these Terms of Use or provision of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such Section or provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability in any other jurisdiction and without affecting the remaining Sections of the Terms of Use or provisions of the Privacy Policy, which shall continue to be in full force and effect.
3. Governing Law.  If you are a resident of the United States, these Terms of Use and any dispute arising out of or related to it or Privacy Policy or the Services shall be governed in all respects by California law, without giving effect to any principles that provide for the application of the law of another jurisdiction.
4. Electronic Communications. The communications between you and Mkononi use electronic means, whether you visit the Services or send Mkononi e-mails, or whether Mkononi posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Mkononi in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mkononi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
5. Entire Agreement. These Terms of Use and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Mkononi, and supersede all prior understandings of the parties relating to the subject matter of these Terms of Use, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Mkononi with respect to the Services, provided however, the these Terms of Use may be amended by Mkononi in accordance with Section 2.
6. No Waiver. Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
7. Notices. Where Mkononi requires that you provide an e-mail address, you are responsible for providing Mkononi with your most current e-mail address. In the event that the last e-mail address you provided to Mkononi is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms of Use, Mkononi’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
8. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: support@mkononi.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
9. Force Majeure. Mkononi shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Mkononi, including, but not limited to, any failure to perform hereunder due to unforeseen circumstances or cause beyond Mkononi’s control such as acts of pandemics, God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
10. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mkononi as a result of these Terms of Use or your use of the Services.
11. Survival. All provisions of the Terms of Use which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, Services or technology provided by Mkononi are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Mkononi products, Services or technology, either directly or indirectly, to any country in violation of such laws and regulations.