Terms and Conditions

1. Introduction and Acceptance of Terms

Welcome to Cafe-Yako, a comprehensive business platform operated by Cafe-Yako Limited, a company registered under the Laws of the Republic of Kenya. These Terms and Conditions ("Terms") govern your access to and use of the Cafe-Yako platform, including our web application, mobile applications, point-of-sale (POS) systems, and all related services (collectively, the "Platform" or "Services").

By accessing, registering for, or using any part of our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations of the Republic of Kenya, including but not limited to the Data Protection Act, 2019.

If you do not agree with any part of these Terms, you must immediately discontinue use of the Platform.

2. Definitions

For purposes of these Terms:

• "Account" means your registered account on the Platform.
• "Business User" means any individual or entity using the Platform to operate a business, including but not limited to content creators, SMEs, restaurants, cafes, bars, retail stores, and service providers.
• "Client User" means staff members or employees granted access to a Business User's account with specific permissions.
• "Content" means all data, information, images, videos, text, and other materials uploaded, created, or stored on the Platform.
• "Free Tier" means the basic features of the Platform available at no cost during the 30-day trial period.
• "Premium Tier" means advanced features available through paid subscription plans.
• "Third-Party Integrations" means external platforms and services that connect with Cafe-Yako, including but not limited to TikTok, Instagram, YouTube, Shopify, WooCommerce, and payment gateways.

3. Services Description

Cafe-Yako is a comprehensive Software-as-a-Service (SaaS) platform designed for content creators, SMEs, and digital businesses. Our Platform provides:

• Content creation and editing tools for videos, images, and multimedia content
• Social media publishing and scheduling capabilities for TikTok, Instagram, YouTube, and other platforms
• Business operations management including inventory tracking, order management, and point-of-sale systems
• Team collaboration and staff management features
• Payment processing integration with M-Pesa, Stripe, Paystack, and other payment gateways
• Analytics and reporting tools for content performance and business metrics
• Third-party integrations and API access

Cafe-Yako operates strictly as a technology platform provider. We do not serve as a party to any transactions between Business Users and their customers. The Business User is the Seller of Record for all products and services offered through the Platform.

4. Account Registration and Obligations

4.1 Registration Requirements

To use the Platform, you must:

• Provide accurate, current, and complete information during the registration process
• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts under Kenyan law
• Maintain and promptly update your account information to keep it accurate, current, and complete

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials, including passwords and authentication tokens
• All activities that occur under your account, whether or not authorized by you
• Immediately notifying Cafe-Yako of any unauthorized access or security breach
• Using strong passwords and enabling two-factor authentication where available

4.3 Business Information

Business Users must provide:

• Legal business name and registration details (if applicable)
• Physical business location and contact information
• Valid email address and phone number
• Tax identification information where required by law
• Banking details for payment processing (for Premium Tier users)

5. Acceptable Use and Prohibited Conduct

5.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You may use the Platform to:

• Operate your legitimate business activities
• Create and publish content in compliance with applicable laws
• Manage your business operations and staff
• Process legitimate business transactions

5.2 Prohibited Conduct

You expressly agree NOT to:

• List, sell, or promote illegal, counterfeit, stolen, or prohibited goods or services
• Engage in fraudulent activities, money laundering, or any form of financial crime
• Upload content that infringes intellectual property rights, including copyrights, trademarks, or patents
• Publish defamatory, obscene, pornographic, hateful, or discriminatory content
• Interfere with or disrupt the Platform's security, integrity, or performance
• Attempt to gain unauthorized access to any part of the Platform or other users' accounts
• Use automated systems (bots, scrapers, crawlers) to access the Platform without written permission
• Reverse engineer, decompile, or disassemble any part of the Platform
• Transmit viruses, malware, or any harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Violate any applicable local, national, or international law or regulation
• Use the Platform to harass, abuse, or harm another person or entity

6. Subscription Plans and Payment Terms

6.1 Free Trial

Cafe-Yako offers a 30-day free trial period for all new users. During this period, you have access to basic features at no cost. No credit card is required to start the trial. After the trial period ends, you must select a paid subscription plan to continue using the Platform.

6.2 Subscription Plans

We offer the following subscription tiers:

• Starter Plan: Designed for small cafes and bars with up to 5 staff members
• Professional Plan: Ideal for restaurants and clubs with up to 25 staff members
• Enterprise Plan: Custom pricing for large operations and chains with unlimited staff

Current pricing is available on our website and may be updated from time to time with 30 days' notice to existing subscribers.

6.3 Payment Processing

Subscription fees are billed monthly in advance. Payment can be made via:

• M-Pesa (Kenya)
• Credit/Debit Card (Visa, Mastercard)
• Bank Transfer (for Enterprise plans)
• Other payment methods as made available

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties.

6.4 Failed Payments and Grace Period

If a subscription payment fails, we will:

• Send automated email reminders to the account holder
• Provide a 30-day grace period during which the account remains active
• After 30 days of non-payment, temporarily suspend the account and restrict access to Platform features
• Preserve all data during the suspension period
• Fully restore account access upon payment of outstanding balances

6.5 Refunds and Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. We do not provide refunds for partial subscription periods except as required by law or in cases of Platform malfunction or service unavailability lasting more than 72 consecutive hours.

7. Intellectual Property Rights

7.1 Platform Ownership

The Platform, including all software, applications, designs, text, graphics, logos, icons, images, audio clips, data compilations, and proprietary algorithms, is owned by Cafe-Yako Limited and is protected by Kenyan and international copyright, trademark, and other intellectual property laws.

7.2 User Content Ownership

You retain all ownership rights to Content you upload, create, or store on the Platform. However, by uploading Content to the Platform, you grant Cafe-Yako a non-exclusive, worldwide, royalty-free, transferable license to:

• Host, store, and display your Content on the Platform
• Process and transmit your Content as necessary to provide the Services
• Make your Content available to third-party platforms you choose to integrate with (e.g., TikTok, Instagram)
• Create backups and derivative formats for the purpose of providing the Services

This license terminates when you delete the Content or close your account, except where Content has been shared with third parties through integrations.

7.3 Third-Party Content

You represent and warrant that you have all necessary rights, licenses, and permissions to upload and use any Content on the Platform, and that such Content does not infringe any third-party intellectual property rights.

7.4 Trademarks

"Cafe-Yako" and associated logos are trademarks of Cafe-Yako Limited. You may not use these trademarks without our prior written consent.

8. Data Protection and Privacy

8.1 Compliance with Data Protection Act

Cafe-Yako is registered with the Office of the Data Protection Commissioner of Kenya and complies with the Data Protection Act, 2019. We process personal data in accordance with our Privacy Policy and applicable data protection laws.

8.2 Data Controller and Processor Relationship

For personal data you collect from your customers through the Platform, you are the Data Controller and Cafe-Yako acts as the Data Processor. You are responsible for:

• Obtaining valid consent from data subjects before collecting their personal data
• Ensuring the lawful processing of personal data in accordance with the Data Protection Act, 2019
• Providing data subjects with information about their rights
• Responding to data subject access requests within 7 days as required by law
• Implementing appropriate technical and organizational measures to protect personal data

8.3 Data Processing

Cafe-Yako processes personal data only on your documented instructions and for the purposes of providing the Services. We do not sell, rent, or trade personal data to third parties.

8.4 Cross-Border Data Transfer

When you integrate with third-party platforms (e.g., TikTok, Instagram, Shopify), you acknowledge that data may be transferred outside Kenya. By using such integrations, you consent to such transfers and warrant that you have obtained necessary consent from data subjects where required.

9. Third-Party Integrations and Services

9.1 Social Media Platforms

The Platform allows integration with social media platforms including TikTok, Instagram, YouTube, and others. When you connect these integrations:

• You authorize Cafe-Yako to access and publish content on your behalf
• You remain solely responsible for all content published to third-party platforms
• You must comply with the terms of service, community guidelines, and policies of each third-party platform
• Cafe-Yako is not responsible for changes to third-party APIs, policies, or service availability

9.2 Payment Gateways

Integration with payment gateways (M-Pesa, Stripe, Paystack) is subject to the terms and conditions of those service providers. Cafe-Yako does not store or process payment card information directly.

9.3 Ecommerce Platforms

When integrating with ecommerce platforms (Shopify, WooCommerce, etc.), you are responsible for maintaining compliance with their terms of service and for the accuracy of product information, pricing, and inventory data.

9.4 Disclaimer

Third-party integrations are provided "as is" and Cafe-Yako makes no warranties regarding their availability, functionality, or compatibility. We may suspend or terminate any integration at any time without liability.

10. Warranties, Disclaimers, and Limitation of Liability

10.1 Service Availability

While we strive to provide uninterrupted service, Cafe-Yako does not guarantee that the Platform will be available at all times. We reserve the right to suspend or restrict access to the Platform for maintenance, upgrades, or technical issues.

10.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Cafe-Yako does not warrant that:

• The Platform will meet your specific requirements
• The Platform will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Platform will be accurate or reliable
• Any errors or defects in the Platform will be corrected

10.3 Platform Role and Transaction Liability

Cafe-Yako operates strictly as a technology platform provider. We are not a party to any transactions between Business Users and their customers. Therefore, Cafe-Yako is NOT liable for:

• Product quality, safety, legality, or description accuracy
• Delivery failures, delays, or shipping issues
• Customer disputes, refunds, or chargebacks
• Compliance with consumer protection laws
• Tax obligations arising from business transactions
• Content published by Business Users or their compliance with third-party platform policies

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, CAFE-YAKO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or business information
• Business interruption
• Reputational damage
• Any other pecuniary loss arising from or related to your use of or inability to use the Platform

In any event, Cafe-Yako's total aggregate liability for all claims arising from or relating to these Terms or the Platform shall not exceed the total amount of subscription fees paid by you in the 12 months preceding the claim, or KES 50,000, whichever is lower.

10.5 Indemnification

You agree to indemnify, defend, and hold harmless Cafe-Yako, its directors, officers, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of a third party
• Your violation of any applicable laws or regulations
• Content you upload or publish through the Platform
• Transactions between you and your customers

11. Termination and Suspension

11.1 Termination by User

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting our support team at support@cafe-yako.com

Upon termination, your access to the Platform will cease at the end of your current billing period.

11.2 Termination by Cafe-Yako

We reserve the right to suspend or terminate your account immediately, without prior notice, if:

• You breach any provision of these Terms
• You engage in fraudulent, illegal, or prohibited activities
• Your account has been inactive for more than 12 months
• Required by law or regulatory authorities
• You fail to pay subscription fees after the grace period
• Your use of the Platform poses a security risk or violates the rights of others

11.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Platform will immediately cease
• You will no longer have access to your account or Content
• We may delete your Content within 90 days after termination
• You remain liable for any outstanding fees or obligations incurred before termination
• Provisions that by their nature should survive termination (including ownership, warranties, indemnification, and limitations of liability) shall continue in effect

11.4 Data Retrieval

Upon request before or within 30 days after termination, we will provide you with an export of your Content in a commonly used format. After 90 days, all Content may be permanently deleted.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the Laws of the Republic of Kenya, including but not limited to:

• The Constitution of Kenya, 2010
• The Data Protection Act, 2019
• The Computer Misuse and Cybercrimes Act, 2018
• The Consumer Protection Act, 2012
• The Kenya Information and Communications Act, 1998

12.2 Dispute Resolution Process

In the event of any dispute arising from or relating to these Terms or the Platform:

1. Informal Resolution: You agree to first contact us at legal@cafe-yako.com to attempt to resolve the dispute informally within 30 days.
2. Mediation: If informal resolution fails, either party may refer the dispute to mediation under the Nairobi Centre for International Arbitration (NCIA) Mediation Rules.
3. Arbitration: If mediation fails, the dispute shall be finally resolved by arbitration under the NCIA Arbitration Rules. The arbitration shall be conducted in Nairobi, Kenya, in English.

12.3 Jurisdiction

Subject to the dispute resolution process above, the courts of Kenya shall have exclusive jurisdiction over any disputes arising from these Terms. By using the Platform, you submit to the jurisdiction of the Kenyan courts.

12.4 Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

13. Modifications to Terms and Services

13.1 Changes to Terms

Cafe-Yako reserves the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending an email notification to your registered email address
• Displaying a prominent notice on the Platform

Changes will become effective 30 days after notice is provided. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Platform and cancel your account.

13.2 Changes to Services

We may modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Platform without liability.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms specific to certain features, constitute the entire agreement between you and Cafe-Yako regarding the Platform and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

14.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Cafe-Yako's failure to enforce any right or provision shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. Cafe-Yako may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

Cafe-Yako shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Notices

All notices to users will be provided via email to the address associated with your account or by posting on the Platform. Notices to Cafe-Yako should be sent to:

Cafe-Yako Limited
Email: legal@cafe-yako.com
Address: [To be provided]

14.7 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in case of any conflict or discrepancy.

14.8 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Cafe-Yako. You have no authority to bind Cafe-Yako in any manner whatsoever.

14.9 Third-Party Rights

These Terms do not confer any third-party beneficiary rights.

15. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Platform, please contact us at:

16. Acknowledgment and Acceptance

BY CLICKING "I AGREE," REGISTERING FOR AN ACCOUNT, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Last Updated: April 15, 2026