Terms of Service

Welcome to Nivi!

These terms of service (”Terms of Service”) are a legal agreement between you (“You” or “Your”) and Nivi, Inc. and its affiliates (“Nivi”, “we” or “us”) establishing terms and conditions under which You shall access and use the services and features (the “Services”) available on or through our “Nivi” application (the “App”) and our website at asknivi.co.ke (“Website”).  The date You first agree to or accept these Terms of Service, or that You otherwise first access and use the App or Website following the date these Terms of Service is first made available through the App or Website, is referred to herein as the “Effective Date.”

BEFORE YOU INDICATE ACCEPTANCE OF THESE TERMS OF SERVICE OR OTHERWISE USE OR ACCESS OUR APP, WEBSITE OR SERVICES, CAREFULLY READ THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. BY INDICATING ACCEPTANCE OF THESE TERMS OF SERVICE, DOWNLOADING THE APP OR USING THE APP, WEBSITE OR SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, THEN DO NOT INDICATE ACCEPTANCE OF THESE TERMS OF SERVICE, DOWNLOAD THE APP OR USE THE APP, WEBSITE OR SERVICES, AND YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE THE APP OR RELATED SERVICES.

Our App and Services make it easier to learn about family planning and find local providers of contraceptive methods.  Our App and Services provide health information but not medical advice. Nivi does not provide medical advice. Users are advised to always consult their medical doctors for all medical issues. THE APP, WEBSITE AND OUR SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED.  

Nivi respects your privacy and takes your privacy very seriously. You agree and acknowledge that your use of the App, Website and related Services is subject in all respects to our Privacy Policy.

You must use and access the App, Services and Website only in jurisdictions where such use and access is legal.

We may revise these Terms of Service at any point, at which point there will be a notice of new Terms of Service through the App or Website. By continuing to use or access the App or Website you are unconditionally agreeing to the then-current Terms of Service posted therein.

In order to utilize the App, you will need to create an account with login credentials (“Login Credentials”). You are solely responsible for any access to or use of the App or any of the Services.

You agree and acknowledge that Nivi may terminate or suspend the App, Website or related Services at any time and for any or no reason.

You shall not use the App for any unlawful or malicious activity. This includes, but is not limited to, posting any content that you do not have the right to make available by reason of any law or contractual or fiduciary duty (including any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party), as well as posting any discriminatory remarks, threats, bullying, harassment, or otherwise objectionable content of any kind against any group or individual that harasses or encourages harassment of another. You shall refrain from uploading viruses and other malicious code, as well as hateful and violent things.  You shall not post unauthorized solicitation (spam) on the App.

You shall provide accurate information when creating an account or registering for the App or Services. You are responsible for any activities that occur under your account. If you suspect that there has been unauthorized use of your account, please contact Nivi immediately.

You are solely responsible for your content submissions, including discussion posts, profile information, links, pictures, data, text, files, information and other such content. In particular you shall comply with all applicable laws concerning submitted information. The App may provide you with suggestions of third party products and services, which may include links to third-party websites or contact information for such third parties. You acknowledge and agree that Nivi is not liable in any way for the content, products, services, accuracy or availability of these sources.  The presence of such links and content in no way represents an endorsement of such links and third party services by Nivi. Nivi does not endorse or guarantee any products or services of any third party. You agree to accept sole responsibility and assume any risks associated with interacting with any third party, even if introduced to you through the App or Services.

The App, Website and all information, text, images, audio, video, data, links, software or other material that is not posted, uploaded or otherwise provided by you therein (“Nivi Content”) is the property of Nivi or its licensors. Nivi Content is protected by copyright, trademark, patent, trade secret and other rights of Nivi and its licensors.  Nivi hereby grants you a non-transferable, non-sublicensable, non-exclusive, revocable and limited right to access and use the App, Website and Nivi Content solely for your personal use, subject to these Terms of Service and in compliance with all laws and regulations that apply to you.

YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN OR AVAILABLE THROUGH THE APP, INCLUDING INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE BY THIRD PARTIES, MAY INCLUDE INACCURACIES OR ERRORS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU, AND NOT NIVI, ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION OR SUGGESTIONS OBTAINED THROUGH THE USE OF THE APP. NIVI MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY OR LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OF THE APP, OR THE ACCURACY OF SUCH INFORMATION.

IN NO EVENT SHALL NIVI, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE OR DATA, ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT) OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF NIVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS OF SERVICE AND DISCONTINUE USING THE APP.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, NIVI, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS IS LIABLE TO YOU FOR ANY AMOUNTS UNDER THESE TERMS OF SERVICE UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, NIVI’S (OR SUCH AFFILIATES', DIRECTOR'S, OFFICER'S, EMPLOYEE'S, SERVANT'S OR AGENT'S, AS APPLICABLE) TOTAL LIABILITY IN RESPECT OF SUCH AMOUNTS SHALL NOT EXCEED THE AMOUNT OF ONE DOLLAR ($1.00).

You may cancel your use of the App, Website and Services, and terminate these Terms of Service, at any time by simply ceasing use of the App, our Services and our Website. Nivi reserves the right to terminate your account if you are in violation of these Terms of Service. We are not required to provide a reason for your termination, and the process is up to our discretion.

Upon termination of these Terms of Service for any reason, you shall immediately cease all use of, and delete all copies of, the App, Services and Website.

You shall not have the right to assign or transfer any of Your rights or obligations under these Terms of Service in whole or in part to any third party.  Subject to the foregoing, these Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. These Terms of Service contains the entire understanding of you and Nivi with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended except by a writing signed by both parties; provided, that, notwithstanding the foregoing, Nivi reserves the right to amend these Terms of Service unilaterally by posting the amended Terms of Service to the App or Website, with such amendment effective only with respect to use of the App or Website after the date of such posting.  You acknowledge and agree that nothing in these Terms of Service creates a right enforceable by any person or entity other than You and Nivi. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Last Updated:  March 31, 2019

© 2019 Nivi Inc.