These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Fenurion Inc. ("Fenurion," "we," "us," or "our") governing your access to and use of our website, mobile interfaces, and services, including our Event Management System (Voting & Ticketing), Digital Marketing, and Software Development services (collectively, the "Services").
By creating an account, casting a vote, purchasing a ticket, placing a service request, or otherwise accessing the Services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, incorporated herein by reference.
Statutory Basis
Law of Contract Act, Cap. 23 (Laws of Kenya) These Terms form a binding contract between you and Fenurion, enforceable under the general principles of contract law applicable in Kenya, including offer, acceptance, and consideration arising from your use of the Services.
"Event Creator" means a person or organization that registers an event on Fenurion's Event Management System to run Voting or Ticketing.
"Contestant" or "Nominee" means an individual listed under a category within a Voting event.
"Client" means a person or organization that engages Fenurion for Digital Marketing or Software Development services, including website development, mobile app development, USSD code development, or cyber security services.
"Transaction" means any payment made through the Services, including votes cast, tickets purchased, or fees paid for Digital Marketing or Software Development services.
"Personal Data" has the meaning given to it under the Data Protection Act, No. 24 of 2019.
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account, make a payment, or act as an Event Creator or Client on Fenurion. By using the Services, you represent and warrant that you meet this requirement.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Fenurion employs device-fingerprint and trusted-device verification as a security measure; you agree not to attempt to circumvent these controls.
Statutory Basis
Computer Misuse and Cybercrimes Act, No. 5 of 2018 Unauthorized access to, or interference with, computer systems — including attempting to bypass Fenurion's account or device security controls — is an offence under this Act and may be reported to the relevant authorities.
Fenurion provides the technology platform and development services described below. For Voting and Ticketing, Fenurion acts as a facilitator; Event Creators are responsible for the substance and lawful conduct of their own events.
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Event Management System
Digital Voting and Ticketing for events, awards, and competitions. Votes are final once cast and recorded; ticket terms are set by the Event Creator.
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Digital Marketing
Bulk SMS, email marketing, targeted ads, and SEO services delivered on behalf of Clients in accordance with the scope agreed at engagement.
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Software Development
Website development, mobile app development, USSD code development, and cyber security services delivered on behalf of Clients under a separate scope of work.
Fenurion reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, where reasonably necessary for security, legal compliance, or operational reasons.
Payments made through Fenurion are processed via licensed third-party payment providers, including mobile money channels. By making a payment, you authorize Fenurion and its payment partners to process the Transaction.
Refund eligibility for Votes, Tickets, and Software Development engagements is governed in full by our Refund Policy, incorporated into these Terms by reference.
Statutory Basis
National Payment System Act, No. 39 of 2011 Payments processed through the Services are subject to the regulatory framework governing payment service providers and payment systems in Kenya, including obligations relating to the security and finality of electronic transactions.
Consumer Protection Act, No. 46 of 2012 Nothing in these Terms limits any right you may have as a consumer under this Act, including the right to receive services with reasonable care and skill.
You agree not to, and Event Creators and Clients specifically agree not to:
- Use the Services to collect votes or ticket sales for an event you do not intend to genuinely hold or conduct;
- Misrepresent event details or nominee information to induce payment;
- Manipulate votes through automated means, bots, or unauthorized scripts;
- Use Fenurion's Digital Marketing services, including bulk SMS or email marketing, to send unsolicited communications in violation of applicable law;
- Attempt to access another user's account or bypass Fenurion's security controls;
- Upload content that is unlawful, defamatory, or infringes the rights of any third party.
⚖️ Formal Warning
Conduct described above may constitute fraud, obtaining money by false pretences, or a related offence under Kenyan criminal law. Fenurion maintains transaction logs and identity verification records and will cooperate fully with law enforcement and pursue civil recovery where appropriate.
Fenurion will not hesitate to pursue legal action — including civil suits for damages and recovery of funds — against any Event Creator or Client found to have used this platform to defraud another party.
Statutory Basis
Penal Code, Cap. 63 Obtaining money or property by false pretences, and related offences of deception, are punishable under this Code.
Computer Misuse and Cybercrimes Act, No. 5 of 2018 Unauthorized interference with data or computer systems, including vote manipulation through automated means, is an offence under this Act.
The Fenurion name, logo, platform design, and underlying software are the property of Fenurion and are protected under applicable intellectual property law. You may not copy, modify, or distribute any part of the Services without our prior written consent.
Where you upload content — such as event posters, nominee photographs, or brand assets for a Digital Marketing or Software Development engagement — you retain ownership of that content but grant Fenurion a non-exclusive, royalty-free licence to host, display, and use it as necessary to deliver the Services.
For custom Software Development work delivered under a separate signed agreement, ownership of the final deliverable is governed by that agreement rather than by these Terms.
Statutory Basis
Copyright Act, Cap. 130 Original works uploaded to the platform remain protected under this Act; Fenurion's licence to use such content is limited to what is necessary to operate the Services.
Our collection, use, and protection of your Personal Data is described in our Privacy Policy, which is incorporated into these Terms by reference.
Statutory Basis
Data Protection Act, No. 24 of 2019 Fenurion processes Personal Data as a data controller in accordance with this Act and applicable regulations issued by the Office of the Data Protection Commissioner (ODPC).
The Services are provided on an "as is" and "as available" basis. While we take reasonable steps to keep the platform secure and available, we do not warrant that the Services will be uninterrupted, error-free, or completely secure.
Fenurion acts as a technology facilitator for Voting and Ticketing. We are not responsible for the conduct of Event Creators, including their decisions on event cancellation or refund eligibility for tickets. For Digital Marketing and Software Development engagements, our obligations are limited to those set out in the applicable scope of work or service agreement.
To the fullest extent permitted by law, Fenurion's total liability arising from your use of the Services shall not exceed the total fees paid by you to Fenurion in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud or wilful misconduct.
You agree to indemnify and hold harmless Fenurion, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Services, or your violation of any applicable law, including fraud committed as an Event Creator or Client.
We may suspend or terminate your access to the Services, with or without notice, where we reasonably believe you have violated these Terms, engaged in fraudulent conduct, or where required to comply with applicable law or a law enforcement request.
You may stop using the Services at any time. Termination does not relieve you of obligations incurred prior to termination, including outstanding payments owed to Event Creators or Fenurion.
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.
In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. Where a dispute cannot be resolved amicably within thirty (30) days, either party may refer the matter to arbitration in accordance with the Arbitration Act, No. 4 of 1995, or pursue resolution before the courts of Kenya, which shall have exclusive jurisdiction.
We may update these Terms from time to time to reflect changes in our practices, technology, or legal requirements. Material changes will be communicated via notice on our website or by email to registered users. The "Last Updated" date at the top of this page indicates when these Terms were last revised.
Your continued use of the Services after any changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must discontinue use of the Services.
