Clear working terms for websites, software, integrations, branding, AI, and campaigns

Last updated: May 3, 2026

1. Acceptance of these terms

By using this website, contacting KenBrains, requesting a proposal, approving work, paying an invoice, or using services delivered by KenBrains, you agree to these Terms of Service.

"KenBrains", "we", "our", and "us" refer to KenBrains, based in Nairobi, Kenya. "Client", "you", and "your" refer to the person, business, organisation, or authorised representative using our website or services.

2. Our services

KenBrains provides digital services including IT consultancy, web and app development, software integrations, branding and print design, AI automation and chatbots, digital marketing campaigns, hosting support, analytics setup, and related business technology services.

Each project may be governed by a proposal, quotation, invoice, statement of work, service agreement, or written project brief that defines deliverables, timelines, fees, payment milestones, assumptions, and responsibilities.

3. Website use

You may use this website for lawful information, enquiry, and business communication purposes. You must not misuse the website, attempt unauthorised access, interfere with site operation, copy content in a way that infringes rights, submit malicious code, or use the website to send unlawful, abusive, misleading, or harmful material.

4. Consultations, proposals, and scope

Consultations and discovery conversations help us understand your business and recommend the right path. A proposal is not a binding commitment until it is accepted in writing, paid where required, or confirmed through another agreed process.

Scope matters. Work outside the agreed scope may require a new quotation, timeline adjustment, change request, or written approval before we proceed.

5. Client responsibilities

• Provide accurate information, timely feedback, approvals, content, brand assets, access credentials, and business decisions needed for delivery.
• Confirm that you have the right to share any data, images, copy, trademarks, software access, customer records, or third-party materials supplied to us.
• Review deliverables carefully during approval stages and tell us about errors, missing items, or required changes within the agreed review period.
• Maintain your own internal backups, user permissions, compliance controls, and business processes unless we have separately agreed to manage them.

6. Payments and taxes

Fees, deposits, milestones, payment deadlines, accepted payment methods, and taxes will be stated in the relevant proposal, invoice, or agreement. Unless stated otherwise, payments are due in the currency and timeline shown on the invoice.

Late payment may pause delivery, delay launch, limit support, attract reasonable recovery costs, or result in suspension of services. Deposits, setup fees, purchased assets, third-party costs, and completed work are generally non-refundable unless a written agreement says otherwise.

7. Timelines and approvals

Project timelines depend on clear scope, timely client input, third-party platform availability, payment milestones, and reasonable review cycles. Delays in content, approvals, access, feedback, or payments may shift delivery dates.

If a project becomes inactive because required client input is not provided, we may pause the work and reschedule it based on availability once the missing input is received.

8. Intellectual property

Unless agreed otherwise, KenBrains retains ownership of pre-existing tools, methods, templates, components, libraries, know-how, internal processes, reusable code, and general expertise developed before or outside your project.

After full payment, you receive the rights stated in the project agreement for final approved deliverables created specifically for you. Third-party software, stock assets, fonts, plugins, APIs, open source packages, hosting services, and platform tools remain governed by their own licences and terms.

9. Third-party platforms and services

Many digital projects rely on third-party providers such as hosting companies, payment gateways, M-Pesa services, Google, Meta, TikTok, OpenAI, CRMs, accounting tools, email providers, analytics platforms, app stores, and APIs. We are not responsible for outages, policy changes, pricing changes, account restrictions, rejected approvals, or failures caused by third-party systems.

10. AI automation and generated outputs

AI tools can support automation, content assistance, chatbots, classification, workflows, and internal operations. AI output may require human review, business judgement, moderation, testing, and correction. Unless agreed in writing, the client remains responsible for decisions made from AI-assisted outputs and for making sure deployed AI workflows are appropriate for their users and business context.

11. Marketing and campaign work

For digital marketing, we can plan, create, launch, monitor, and optimise campaigns, but we do not guarantee exact sales, enquiries, rankings, reach, approvals, or revenue. Campaign performance depends on factors such as offer quality, budget, audience, competition, creative assets, landing pages, sales follow up, platform rules, and market conditions.

12. Support, maintenance, and changes after launch

Launch does not automatically include unlimited support, maintenance, hosting management, security monitoring, content updates, backups, redesigns, or new features. Ongoing support is provided where it is included in the agreement or purchased separately.

Changes after approval or launch may be treated as new work if they alter scope, design, functionality, integrations, content volume, data structure, or business rules.

13. Confidentiality and access

We will treat non-public client information shared for a project as confidential and use it for the agreed work. Clients should avoid sharing unnecessary credentials or sensitive data. Where access is required, we recommend role-based permissions, temporary access, secure credential sharing, and access removal after completion.

14. Warranties and limitation of liability

We aim to deliver professional, practical, and reliable services. However, websites, apps, integrations, campaigns, AI tools, hosting systems, and third-party platforms can be affected by bugs, outages, dependency changes, user behaviour, device differences, platform policies, security threats, and external events.

To the maximum extent permitted by law, KenBrains will not be liable for indirect, incidental, special, consequential, or punitive losses, including lost profits, lost revenue, lost data, loss of goodwill, or business interruption. Our total liability for a project will not exceed the amount paid to KenBrains for the affected service unless a written agreement or applicable law requires otherwise.

15. Termination or suspension

Either party may end a project according to the relevant agreement. We may suspend or terminate services if payments are overdue, required input is not provided, access is misused, unlawful activity is involved, the relationship becomes unsafe or abusive, or continuing the work would create legal, security, or operational risk.

16. Governing law

These terms are governed by the laws of Kenya, unless a separate written agreement says otherwise. We prefer to resolve issues through direct discussion first. If that fails, disputes may be handled through the courts or other lawful dispute resolution process available in Kenya.

17. Changes to these terms

We may update these Terms of Service as our website, services, processes, or legal obligations change. The latest version will be posted on this page with an updated date.