Terms of Service

Effective Date: August 15, 2025

1. Introduction

Welcome to Kendrick Designs. These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications (collectively, "Services") provided by Kendrick Designs Ltd ("Company", "we", or "us").

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Services.

2. Acceptance of Terms

By creating an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you are agreeing to these Terms on behalf of that organization.

3. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

4. Account Registration

Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

5. Use of Services

License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your business purposes.

Restrictions

You agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law
• Reverse engineer, decompile, or disassemble the Services
• Remove, alter, or obscure any proprietary notices on the Services
• Use the Services to transmit viruses, worms, or other malicious code
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use the Services to store or transmit data that violates the rights of others

User Content

You retain all rights to any content you upload, post, or display on or through our Services ("User Content"). By uploading, posting, or displaying User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with our Services.

6. Subscription and Payments

Subscription Plans

Our Services are offered through various subscription plans. You agree to pay all fees specified for your chosen plan.

Billing

We will charge your selected payment method for fees on the billing date specified during registration. All fees are non-refundable except as required by law or as otherwise specified in these Terms.

Auto-Renewal

Your subscription will automatically renew for additional periods unless you cancel your subscription before the renewal date.

7. Intellectual Property

The Services and all content, features, and functionality (including but not limited to software, text, displays, images, video, and audio), are owned by Kendrick Designs Ltd, its licensors, or other providers of such material and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in or to any intellectual property rights, except for the limited access rights expressly set forth herein.

8. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

9. Disclaimer of Warranties

Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

10. Limitation of Liability

To the fullest extent permitted by law, in no event shall Kendrick Designs Ltd, its affiliates, or their licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims relating to the Services exceed the amounts paid by you to us in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kendrick Designs Ltd and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in Eldoret, Kenya, in accordance with the rules of the Kenya Commercial Arbitration Centre.

The arbitration shall be conducted by a single arbitrator appointed in accordance with the said rules. The decision of the arbitrator shall be final and binding on both parties.

14. Contact Information

If you have any questions about these Terms, please contact us:

• By email: legal@kendrickdesigns.co.ke
• By phone: +254 793 828 995
• By mail: Kendrick Designs, Eldoret Kenya