Scope:These Terms of Service (“Terms”) govern your access to and use of all mobile applications, websites, and related services (collectively, the “Services”) published by Thayu Labs Ltd (“we,” “us,” “our”), including but not limited to: Sentii, Thimo, Nyimbo Cia Ngai, Muse, Resonance, and any future applications we may release. By downloading, installing, accessing, or using any of our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our Services.
1. Introduction & Acceptance of Terms
Welcome to Thayu Labs! We develop mobile applications designed to enrich your daily life. By accessing or using any of our apps, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Eligibility
Our Services are available to users of all ages, subject to the following conditions:
- General Users: If you are 18 years of age or older, you may use our Services and create an account independently.
- Teens (13–17): If you are between 13 and 17 years old, you may use our Services only with the consent of a parent or legal guardian. By permitting your child to use our Services, the parent or guardian agrees to be bound by these Terms on behalf of the minor.
- Children Under 13:We do not knowingly collect personal information from children under the age of 13 without verifiable parental consent, in compliance with the U.S. Children’s Online Privacy Protection Act (COPPA) and equivalent laws globally. Certain features (such as account creation, in-app purchases, or social features) may be restricted for users under 13. See our Privacy Policy, Section 10, for more details.
By using our Services, you represent that you meet the applicable eligibility requirements above.
3. User Accounts
Registration: Some features may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at thayulabs@gmail.com if you become aware of any unauthorized use of your account. We are not liable for any loss arising from your failure to safeguard your account.
Account Deletion: You may request deletion of your account at any time by contacting us or using the account deletion feature within the app (where available). Upon deletion, we will remove your personal data in accordance with our Privacy Policy.
4. Subscriptions & Payments
4.1 In-App Subscriptions (Apple App Store & Google Play Store)
Where subscriptions are offered through the Apple App Store or Google Play Store, the following terms apply:
- Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.
- Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period.
- Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of the selected plan.
- You may manage your subscription and turn off auto-renewal in your device’s account settings (Apple: Settings > Apple ID > Subscriptions; Google: Play Store > Subscriptions).
- Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.
- Refunds for in-app subscriptions are handled by Apple or Google in accordance with their respective refund policies. We do not process refunds for purchases made through the app stores directly.
4.2 Direct Payments
Where we offer direct payment options (e.g., M-Pesa, credit/debit card, or other payment processors):
- You authorize us to charge the applicable fees to your selected payment method.
- Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected) until you cancel.
- You may cancel your subscription at any time by contacting us. Cancellation takes effect at the end of the current billing cycle.
- Refunds for direct payments are provided only where required by applicable law.
4.3 Fee Changes
We may update subscription fees from time to time. Any fee changes will be communicated to you at least 30 days before they take effect. Continued use of the paid features after the effective date constitutes your acceptance of the updated fees.
5. User-Generated Content
This section applies only to Services that permit user-generated content (e.g., posts, stories, photos, videos, reviews, or comments).
5.1 Your Content
You retain all ownership rights in the content you create, upload, or submit through our Services (“User Content ”). We do not claim ownership of your User Content.
5.2 License Grant
By submitting User Content, you grant Thayu Labs Ltd a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with operating, developing, providing, and promoting the Services. For example, we may feature a user’s post or review to showcase app features. This license terminates when you delete your User Content or your account, except where your content has been shared with others and they have not deleted it.
5.3 Your Responsibilities
You are solely responsible for your User Content. You represent and warrant that: (a) you own or have the necessary rights and permissions to submit your User Content; (b) your User Content does not infringe any third party’s intellectual property or other rights; and (c) your User Content complies with our Acceptable Use Policy (Section 6).
5.4 Monitoring & Removal
We do not pre-screen all User Content but reserve the right to review, refuse, or remove any User Content at our sole discretion, particularly where it violates these Terms or applicable law.
5.5 Copyright Complaints
If you believe your intellectual property rights have been infringed by User Content on our Services, please contact us at thayulabs@gmail.com with a detailed description of the alleged infringement. We will investigate and take appropriate action, which may include removing the content.
6. Acceptable Use Policy
You agree not to use our Services to:
- Post, upload, or distribute content that is illegal, defamatory, threatening, abusive, harassing, or otherwise objectionable.
- Violate the intellectual property, privacy, publicity, or other rights of any third party.
- Post false, misleading, or deceptive information.
- Distribute sexually explicit, pornographic, or obscene material.
- Distribute spam, unsolicited promotions, or chain messages.
- Upload viruses, malware, or any harmful code.
- Impersonate another person or entity or misrepresent your affiliation.
- Attempt to compromise the security, integrity, or availability of our Services.
- Collect or harvest data from our Services or other users without permission.
- Use our Services for any purpose that is unlawful or prohibited by these Terms.
We reserve the right to investigate violations, remove content, suspend or terminate accounts, and take legal action where appropriate.
7. Intellectual Property Rights
All intellectual property rights in the Services, including design, features, software, trademarks, service marks, logos, and content (excluding User Content), are owned by or licensed to Thayu Labs Ltd.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms. You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works from any part of our Services without our prior written consent. All rights not expressly granted are reserved.
8. Third-Party Services & Links
Our Services may contain links to third-party websites, services, or content that are not owned or controlled by Thayu Labs Ltd. We are not responsible for the content, privacy practices, or availability of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by applicable law.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THAYU LABS LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).
The limitations above apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Thayu Labs Ltd and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.
12. Termination
By You: You may terminate your use of our Services at any time by deleting your account through the app or by contacting us at thayulabs@gmail.com.
By Us: We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, fraudulent or illegal activity, or conduct that we determine is harmful to other users or our business.
Effect of Termination: Upon termination: (a) your license to use the Services immediately ceases; (b) we may delete your account and data in accordance with our Privacy Policy; and (c) any provisions of these Terms that by their nature should survive termination will survive, including Sections 7, 9, 10, 11, and 15.
Active Subscriptions: If your account is terminated due to your violation of these Terms, you are not entitled to a refund for any remaining subscription period. If we terminate your account without cause, we will provide a pro-rata refund for any prepaid and unused subscription fees.
13. Governing Law & Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.
Dispute Resolution: Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within thirty (30) days, it shall be submitted to binding arbitration under the Nairobi Centre for International Arbitration (NCIA) Rules, unless you are located in a jurisdiction where arbitration clauses are unenforceable, in which case the courts of Kenya shall have jurisdiction.
International Users: If you are accessing our Services from outside Kenya, you agree that any disputes will be resolved in accordance with this section. Nothing in these Terms shall deprive you of mandatory consumer protection rights under the laws of your country of residence.
14. Apple & Google App Store Terms
If you access our Services through the Apple App Store or Google Play Store, you acknowledge and agree to the following additional terms:
- Third-Party Beneficiary: Apple Inc. and Google LLC are third-party beneficiaries of these Terms as they relate to your use of the respective app stores. Upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
- Scope of License:The license granted to you for our apps is limited to a non-transferable license to use the application on any Apple-branded or Android device that you own or control, as permitted by the applicable store’s Usage Rules.
- Maintenance and Support: Thayu Labs Ltd, not Apple or Google, is solely responsible for providing maintenance and support for our apps.
- Warranty: If the app fails to conform to any applicable warranty, you may notify Apple or Google for a refund of the purchase price (if applicable). To the maximum extent permitted by law, Apple and Google have no other warranty obligation with respect to our apps.
- Product Claims: Thayu Labs Ltd, not Apple or Google, is responsible for addressing any claims relating to our apps, including product liability claims, regulatory compliance, and intellectual property claims.
15. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications failures, cyberattacks, or third-party service outages.
16. Changes to These Terms
We may revise these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms within our apps and, where practicable, by sending you a notification (via email, push notification, or in-app message) at least 30 days before the changes take effect. The “Last Updated” date at the top will be revised accordingly. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
17. Miscellaneous
Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Thayu Labs Ltd regarding the Services and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions shall continue in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Notices: We may provide notices to you via email, push notification, in-app message, or by posting on our Services. You may provide notices to us at the contact information below.
18. Contact Information
Thayu Labs Ltd
P.O. Box 6367–00100 GPO, Nairobi, Kenya
Email: thayulabs@gmail.com
For privacy-specific inquiries, please see the Privacy Policyor email us with the subject line “Privacy Inquiry.”