Terms of Use

Last Updated: [Date]

1. Introduction and Acceptance

Welcome to the 2027 Kenya Elections Platform ("Platform", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of our digital platform that facilitates interaction between political aspirants and constituents in Kenya.

By accessing or using this Platform, you agree to be bound by these Terms and all applicable laws and regulations of the Republic of Kenya. If you do not agree with any part of these Terms, you must not use the Platform.

2. Definitions

  • "Platform" means the 2027 Kenya Elections Platform website, mobile application, and all related services.
  • "User" means any individual who accesses or uses the Platform, including constituents and aspirants.
  • "Aspirant" means a registered political candidate or aspirant using the Platform's subscription services.
  • "Constituent" means a registered voter or citizen using the Platform's free services.
  • "Content" means any text, images, videos, documents, or other materials posted on the Platform.
  • "Services" means all features, functionalities, and services provided through the Platform.

3. Eligibility and Registration

3.1 Eligibility

  • You must be at least 18 years old to use this Platform.
  • You must be legally capable of entering into binding contracts under Kenyan law.
  • You must provide accurate, current, and complete information during registration.
  • You must maintain and promptly update your registration information.

3.2 Account Security

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You are responsible for all activities that occur under your account.
  • You must immediately notify us of any unauthorized use of your account.
  • We are not liable for any loss or damage arising from unauthorized access to your account.

4. User Conduct and Prohibited Activities

4.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms and all applicable Kenyan laws, including but not limited to:

  • The Constitution of Kenya, 2010
  • The Elections Act, 2011
  • The Computer Misuse and Cybercrimes Act, 2018
  • The National Cohesion and Integration Act, 2008
  • The Data Protection Act, 2019

4.2 Prohibited Activities

You agree NOT to:

4.2.1 Unauthorized Access and System Interference

  • Attempt to gain unauthorized access to any part of the Platform, other accounts, or computer systems.
  • Interfere with or disrupt the Platform's servers, networks, or security measures.
  • Use any automated system (bots, scrapers, spiders) to access the Platform without express written permission.
  • Attempt to breach, test, or circumvent any security measures.

4.2.2 Cybercrimes (as defined in Computer Misuse and Cybercrimes Act, 2018)

  • Distribute malicious software, viruses, or code.
  • Engage in phishing, identity theft, or fraud.
  • Intercept or interfere with electronic communications.
  • Commit any offense under the Computer Misuse and Cybercrimes Act, 2018.

4.2.3 Content Violations

  • Post false, misleading, or fraudulent information.
  • Post content that promotes hate speech, ethnic incitement, or violates the National Cohesion and Integration Act, 2008.
  • Post defamatory, libelous, or slanderous content.
  • Post content that infringes intellectual property rights.
  • Post obscene, pornographic, or offensive content.
  • Post content that violates electoral laws or regulations.

4.2.4 Electoral Misconduct

  • Engage in vote buying, voter intimidation, or electoral fraud.
  • Misrepresent electoral information or candidate qualifications.
  • Interfere with the electoral process or IEBC operations.
  • Post false information about candidates, parties, or electoral processes.

4.2.5 Harassment and Abuse

  • Harass, threaten, or abuse other users.
  • Post personal information of others without consent.
  • Engage in cyberbullying or online harassment.
  • Impersonate any person or entity.

4.2.6 Commercial Activities

  • Use the Platform for unauthorized commercial purposes.
  • Spam, solicit, or advertise without authorization.
  • Collect user information for unauthorized purposes.

5. Content and Intellectual Property

5.1 User-Generated Content

  • You retain ownership of content you post on the Platform.
  • By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content on the Platform.
  • You represent and warrant that you have all necessary rights to grant this license.

5.2 Platform Intellectual Property

  • All Platform design, text, graphics, logos, and software are our property or licensed to us.
  • You may not copy, modify, distribute, or create derivative works without our express written permission.
  • The Platform name, logo, and trademarks are our exclusive property.

5.3 Content Moderation

  • We reserve the right to review, edit, remove, or refuse to post any content.
  • We may remove content that violates these Terms or applicable laws.
  • We are not obligated to monitor all content but may do so at our discretion.
  • We may suspend or terminate accounts that violate these Terms.

6. Subscription Services (For Aspirants)

6.1 Subscription Tiers

  • Basic Tier: Profile creation, basic contact information, manifesto upload.
  • Silver Tier: Enhanced profile, posting updates, basic analytics, limited messaging.
  • Gold Tier: Priority visibility, advanced analytics, campaign dashboard, enhanced messaging, integrations.

6.2 Subscription Terms

  • Subscription fees are tiered by office level (Ward, Constituency, County).
  • Subscription fees are non-refundable except as required by law.
  • Subscriptions automatically renew unless cancelled.
  • You may cancel your subscription at any time through your account settings.

6.3 Payment Terms

  • All payments are processed through secure third-party payment processors (e.g., Stripe, M-Pesa).
  • You agree to provide accurate payment information.
  • You authorize us to charge your payment method for subscription fees.
  • Prices are subject to change with 30 days' notice to existing subscribers.

6.4 Subscription Cancellation

  • You may cancel your subscription at any time.
  • Cancellation takes effect at the end of the current billing period.
  • No refunds will be provided for the current billing period.
  • Upon cancellation, your access to premium features will end at the end of the billing period.

7. Disclaimers and Limitation of Liability

7.1 Platform Availability

  • We strive to maintain Platform availability but do not guarantee uninterrupted access.
  • The Platform may be unavailable due to maintenance, technical issues, or circumstances beyond our control.
  • We are not liable for any loss or damage resulting from Platform unavailability.

7.2 Content Accuracy

  • We do not guarantee the accuracy, completeness, or reliability of user-generated content.
  • We are not responsible for content posted by users.
  • Users are solely responsible for verifying information before relying on it.

7.3 Third-Party Content and Links

  • The Platform may contain links to third-party websites or services.
  • We are not responsible for third-party content, services, or privacy practices.
  • Your use of third-party services is at your own risk.

7.4 Limitation of Liability

To the maximum extent permitted by Kenyan law:

  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
  • Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
  • We are not liable for any loss of data, profits, or business opportunities.

7.5 No Warranty

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy or reliability

8. Indemnification

You agree to indemnify, defend, and hold harmless the Platform, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your infringement of any third-party rights
  • Content you post on the Platform

9. Data Protection and Privacy

9.1 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal data in compliance with the Data Protection Act, 2019.

9.2 Data Subject Rights

You have the right to:

  • Access your personal data
  • Correct inaccurate data
  • Request deletion of your data
  • Object to processing of your data
  • Data portability
  • Withdraw consent

10. Termination

10.1 Termination by You

  • You may terminate your account at any time through your account settings.
  • Upon termination, your access to the Platform will cease immediately.
  • Some content may remain on the Platform as required by law or for legitimate business purposes.

10.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms
  • You violate any applicable laws
  • You engage in fraudulent or illegal activities
  • We are required to do so by law or court order
  • You fail to pay subscription fees (for aspirants)

10.3 Effect of Termination

  • Upon termination, your right to use the Platform ceases immediately.
  • We may delete your account and content, subject to legal retention requirements.
  • Provisions that by their nature should survive termination will survive.

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.

11.2 Jurisdiction

Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Kenya.

11.3 Alternative Dispute Resolution

Before initiating legal proceedings, parties agree to attempt to resolve disputes through:

  • Good faith negotiations
  • Mediation through a mutually agreed mediator
  • Arbitration in accordance with the Arbitration Act, 1995 (if applicable)

12. Compliance with Electoral Laws

12.1 Electoral Regulations

  • The Platform operates in compliance with the Elections Act, 2011, and IEBC regulations.
  • We do not engage in electoral campaigning or endorse any candidate or party.
  • We maintain neutrality and impartiality in all Platform operations.

12.2 Candidate Information

  • Aspirants are responsible for ensuring their information complies with electoral laws.
  • We reserve the right to remove information that violates electoral regulations.
  • We may cooperate with IEBC and other electoral authorities as required by law.

12.3 Campaign Finance

  • The Platform does not handle campaign contributions or donations.
  • Payment processing is limited to Platform subscription fees only.
  • Users are responsible for compliance with campaign finance laws.

13. Modifications to Terms

13.1 Right to Modify

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

  • Posting the updated Terms on the Platform
  • Sending email notifications to registered users
  • Displaying a notice on the Platform

13.2 Acceptance of Changes

  • Continued use of the Platform after changes constitutes acceptance of the modified Terms.
  • If you do not agree to the changes, you must stop using the Platform and terminate your account.

13.3 Effective Date

Changes to these Terms become effective 30 days after notification, unless immediate changes are required by law.

14. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Internet or telecommunications failures
  • Acts of third parties

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Platform and supersede all prior agreements and understandings.

17. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

19. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

2027 Kenya Elections Platform

  • Email: [legal@platform-email.com]
  • Address: [Physical Address in Kenya]
  • Phone: [Contact Number]

Data Protection Officer (DPO)

  • Email: [dpo@platform-email.com]

20. Acknowledgment

By using the Platform, you acknowledge that:

  • You have read and understood these Terms
  • You agree to be bound by these Terms
  • You understand your rights and obligations
  • You will comply with all applicable Kenyan laws and regulations

Note: These Terms are designed to comply with Kenyan law, including the Data Protection Act, 2019; Computer Misuse and Cybercrimes Act, 2018; Elections Act, 2011; National Cohesion and Integration Act, 2008; and other relevant statutes. Users are encouraged to seek legal advice if they have questions about their rights or obligations.

Last updated: 3 February 2026