Terms and Conditions

Last updated: August 21, 2025

These Terms of Use (the “Terms”) govern your access to and use of the Elimys website and services (the “Service”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1) Who We Are

Company: Elimys Technologies (“Elimys”, “we”, “us”, “our”), based in Nairobi, Kenya. Contact: info@elimys.com.

2) Definitions

• Account: a registered profile used by Institutions or individuals.
• Institution: a school, college, university, or other organisation that manages a listing on Elimys.
• User / you: any person or entity using the Service (including Institution admins and applicants/guests).
• Content: text, images, files, data, links, or other materials provided to the Service.
• Website: elimys.com and its subpaths.

3) Scope of the Service

Elimys is an education discovery and listings platform. Core features include Institution profiles; listings for courses, intakes, jobs, tenders, scholarships, research, and innovations; dynamic application forms; news/blog; media galleries; and optional email/SMS notifications. We may add, change, or remove features at any time.

4) Eligibility & Accounts

• Institution Accounts must be created and managed by adults (18+) authorised to act for the Institution. Keep credentials confidential; you are responsible for activity under your Account.
• Applicants/Guests may create personal Accounts to submit forms and save profiles. If you are under 18, a parent/guardian should supervise your use.

5) Elimys’ Role

Elimys hosts Institution pages and facilitates discovery and applications. Each Institution is solely responsible for the accuracy of its listings, decisions on applications, and compliance with applicable laws. For application submissions, Elimys may act as a data processor on behalf of the receiving Institution while also acting as a data controller for operating and securing the platform.

6) Your Content & Licence to Us

• You retain ownership of your Content. By submitting Content, you grant Elimys a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, publish, display, and distribute the Content for operating, promoting, and improving the Service. This licence ends when you remove your Content, except for reasonable archival, backup, or audit copies and where the Content has been shared by others.
• You represent and warrant you have all necessary rights and consent (including parental/guardian consent where required) to upload Content and that it does not infringe third-party rights or violate law.
• Minors’ images and data: Institutions must obtain appropriate parental/guardian consent and implement age-verification measures before posting or collecting identifying information about minors. Optional features such as face-blurring are provided to reduce exposure but do not replace legal consent obligations.

7) Acceptable Use

• No illegal, harassing, defamatory, hateful, sexually explicit, deceptive, or exploitative Content; no doxxing or disclosure of sensitive personal data without a lawful basis.
• No malware, phishing, or attempts to probe, scan, or test the vulnerability of the Service without written permission.
• No scraping, bulk harvesting, or automated access except as permitted by robots.txt or written agreement. Public search engines may crawl solely to create publicly available search indices.
• No misrepresentation of identity or affiliation; do not imply Elimys’ endorsement.

8) Moderation & Takedowns

We may remove or restrict Content or suspend access if we believe these Terms, applicable law, or others’ rights are violated. To request removal of infringing or privacy-violating Content (including minors’ images), email info@elimys.com with the URL and explanation. We will review and act where appropriate.

9) Data Protection & Kenyan Compliance (Summary)

We process personal data in accordance with Kenya’s Data Protection Act, 2019 and its 2021 Regulations. Institutions using Elimys must do the same, including:

• Having a lawful basis for processing and providing clear notices to data subjects.
• Obtaining verifiable parental/guardian consent and implementing age-verification before processing children’s data; acting in the best interests of the child.
• Registering with the Office of the Data Protection Commissioner (ODPC) where required and entering into controller-processor contracts where applicable.
• Conducting Data Protection Impact Assessments (DPIAs) where processing is likely to result in high risk (for example, processing children’s data or large-scale profiling).
• When transferring personal data outside Kenya, using appropriate safeguards as required by Kenyan law.

More details are provided in our Privacy Policy, which forms part of these Terms.

10) Third-Party Links & Services

The Service may link to or integrate with third-party websites and tools (e.g., hosting, analytics, email/SMS). We do not control and are not responsible for third-party sites or services. Your use of them may be subject to their own terms and policies.

11) Intellectual Property

The Service and its original content, features, and functionality are owned by Elimys and/or its licensors and are protected by applicable intellectual property laws. Respect others’ copyrights and related rights when uploading or using Content. We may disable or remove Content upon receiving a valid complaint.

12) Fees & Paid Features

Some features may be offered on paid plans. We will display pricing, billing intervals, taxes, and refund/cancellation terms in the checkout flow or plan description. Unless otherwise stated, fees are non-refundable once a billing period starts.

13) Service Changes & Availability

We may modify, suspend, or discontinue the Service (in whole or part) with or without notice. We aim for high availability but provide the Service on an “AS IS” and “AS AVAILABLE” basis.

14) Disclaimers

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy or completeness of listings, nor that the Service will be uninterrupted, secure, or error-free.

15) Limitation of Liability

To the maximum extent permitted by law, Elimys and its suppliers will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses arising from or relating to your use of the Service. Our aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid to us for the Service in the 12 months preceding the event giving rise to the claim, or (b) KES 15,000.

16) Indemnity

You agree to defend, indemnify, and hold harmless Elimys from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with your Content or your breach of these Terms.

17) Suspension & Termination

We may suspend or terminate your access immediately if you breach these Terms or we are required to do so by law. Upon termination, your right to use the Service ceases immediately. Some provisions survive termination (e.g., licences granted, disclaimers, limitations of liability, indemnities).

18) Governing Law & Dispute Resolution

These Terms are governed by the laws of Kenya. The courts of Nairobi have exclusive jurisdiction over disputes arising from or related to these Terms or the Service. Before filing suit, parties will first attempt to resolve disputes amicably by emailing info@elimys.com.

19) Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by posting on the Website or emailing account holders). Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

20) Contact

Questions about these Terms: info@elimys.com

Note: This policy is provided for product readiness and does not constitute legal advice. Consider having Kenyan counsel review for compliance with the Data Protection Act, 2019 and related regulations before publishing.