We may use and allow the following third parties to serve cookies that fall into the categories above:

Google Analytics. We employ the services of Google Analytics, a Web analysis service of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”) for the purpose of designing our websites in accordance with your user preferences while continually optimising these experiences. Pseudonymised usage profiles are created and cookies are used in this context. The information generated by the cookies are the following:

• Type of operating system used

• Browser type

• URL (last Website visited)

• Host name of the accessing computer (IP address- IP addresses are masked so they cannot be linked to any specific person)

• Time of server request

You can always choose to disallow the installation of these cookies by configuring your browser software settings accordingly. This may however prevent you from fully benefiting from our website functionalities. You can prevent the data generated by the cookies from being collected as well as your IP address being processed by Google by downloading and installing a browser add-on.

You can get additional information relating to Google Analytics here.

We use this tool only with your consent. You can customise your tracking settings whenever via our Cookie Settings.

5. How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided below.

You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

You can also follow the link below for more information.

• Google Chrome

• Internet Explorer

• Mozilla Firefox

• Safari (Desktop)

• Safari (Mobile)

• Opera

• Opera Mobile

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com. You may opt out by clicking here: http://optout.aboutads.info/ or http://optout.networkadvertising.org/ (or if located in the European Union, by clicking here: http://www.youronlinechoices.eu/). Please note this does not opt you out of being served advertising. You will continue to receive generic advertisements.

Essential website cookies: Because these cookies are strictly necessary to deliver the website or app to you, you cannot refuse them. You can block or delete them by changing your browser settings however, as described above.

6. What about other tracking technologies, like web beacons?

Cookies are not the only way to recognise or track visitors to a website. We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage the Website and Subscription Service by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We use clear gifs or pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We tie the information gathered by clear gifs in emails to our customers’ Personal Information.

7. Do you use Flash cookies or Local Shared Objects?

The Adobe Flash Player (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your Web browser. This technology creates locally stored objects that are often referred to as “Flash cookies.” Kaci does not use Flash cookies. However, our customers of our software platform may create pages on the Kaci platform that employ Adobe Flash cookies. Kaci does not have access or control over our customers’ Flash cookies, but you may access your Flash management tools from Adobe’s web site directly here.

Similarly, our customers may create pages using the Kaci Subscription Service that use technology from tracking utility companies, such as cookies and web beacons. The use of these technologies by our customers is not covered by our Cookie Policy or Privacy Notice. We do not have control over third party cookies or trackers our customers use.

8. Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our website or app. These companies may use information about your visits to this and other websites or apps in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.

9. Our promise to you

9.1 Any information stated by you that is made available to you in text form via Kaci – as a statement made, or by inference, is for information purposes only. The information is made available by Kaci as is, without warranty, guarantee or representation of any kind.

9.2 You should not take any action based on the information provided in Kaci without consulting the necessary professional first.

9.3 Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use Kaci at all times without any interruption and without delay or faults, and that Kaci will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of Kaci in these present Terms of Use. We expressly exclude any strict liability that may be applied by enforcement of law due to defects of Kaci existing at the time the agreement on the use of Kaci between you and us was concluded.

9.4 Should you incur any damage through the use of Kaci, we may only be held liable for intent and gross negligence. We may furthermore be held liable for the negligent breach of material contractual obligations, which must be met in order for this agreement to even be properly executed, and the violation of which will jeopardise the purpose of the agreement and which you, the User, should in regular cases be able to trust will be fulfilled. In the latter case, we may however only be held liable for calculable damages. We may not be held liable for violation by simple negligence of any obligations other than those specified in the preceding sentences.

10. Third-party services

10.1 If, and to the extent that, our Kaci Mobile Application and WhatsApp Chatbot contains links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only.

10.2 We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources.

10.3 You understand that the availability of Kaci is dependent on the third-party where you downloaded the Kaci App. You are aware that these Terms of Use apply to the contractual relationship between you and Kaci, not to your contractual relationship with the App Store.

11. Kaci App and WhatsApp Chatbot updates

11.1 We are constantly updating and improving Kaci. We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviours and the way in which people use the internet.

11.2 We reserve the right to change a specific aspect of a specific feature by updating Kaci, resetting that feature and suspending the service or support for that feature. These changes may affect your activities on Kaci. Changes may include the removal, modification or reset of the features you use. We will inform you of the changes and your rights in the case of changes by separate notification, to the extent you have signed up for such notifications (see paragraph 12.3.).

11.3 Updates may be released from time to time by us or via the App Store where you downloaded the App App. From time to time, to be able to use Kaci, it may be necessary for you to update third-party software.

12. Changes to these Terms of Use

12.1 We have the right to amend, adapt or supplement the present Terms of Use from time to time.

12.2 Any changes to these Terms of Use will usually be the result of new features being added to Kaci, or of changes in the legislation or applicable Regulations.

12.3 We will contact you to notify you of any changes or additions to these Terms of Use at least 30 calendar days before any changes or additions to these Terms of Use take effect. If you do not object within 30 days of receipt of notice, such changes and additions will be regarded as effective and agreed upon from the deadline onward. We will inform you of your right of objection and the consequences of the objection in our notice of changes to the Terms of Use. If, in the event of your objection to the amendment within the agreed timeframe, it is legally, economically or technically unreasonable for us to continue the provision of Kaci, we are entitled to terminate the agreement no earlier than the effective date of the amendment set forth in the notification. Any other right of termination remains unaffected.

13. Documents governing the contractual relationship between you and us

The current version of the Terms of Use includes all provisions governing the contractual relationship between you and us. Older versions of the Terms of Use no longer apply to our contractual relationship and are entirely replaced by the current version.

14. Applicable legislation and jurisdiction

14.1 Our current headquarters is located in Nigeria. The agreement concluded on the basis of these Terms of Use is subject to the laws of the Federal Republic of Nigeria. Without prejudice to the above choice of jurisdiction, in the case of agreements between traders and consumers, the provisions of the law of the country in which the consumer is habitually resident and which – under the law of that country – may not be derogated from, may be applied in favour of the consumer if the trader:

a. pursues his/her commercial or professional activities in the country of the consumer’s habitual residence, or

b. such activities are in any way directed at that country or at several countries including that country, and the agreement falls within the scope of such activities.

14.2 The courts of Nigeria have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of Kaci.

14.3 Kaci does not participate in dispute settlement proceedings before a consumer arbitration board.

15. Your Privacy

The Kaci Help privacy policy explains the data we collect, use, store, and process while you use and access our Services. By using our Services, you have read, understood, and agree to the terms of our privacy policy, and you agree that we may use such data in accordance with the terms of our privacy policy. If you have any questions regarding our privacy policy, please contact [email protected]

16. Compliance with Policies

While using the Services, you agree that you will comply with all posted policies as we may update from time to time. We may suspend or stop providing you with access to the services if you fail to comply with any policy.

17. User Content and Links to other Websites

17.1 Kaci Help encourages contributions to its Site. You may submit service descriptions, comments, postings, advice, and recommendations through the features available on the Sites (collectively “User Generated Content”). You are solely responsible for any User Generated Content produced or provided by you, and you hereby agree not to provide any information that you know or reasonably should know to be false or materially misleading, libelous, defamatory, obscene, or that invades another person’s privacy, infringes the intellectual property rights of another, or violates any applicable laws or regulations.

17.2 By providing User Generated Content to Kaci Help, you grant Kaci Help a perpetual, non-exclusive, royalty-free license to use such content in association with the provision of its Services and the Sites.

17.3 Kaci Help reserves the right, in its sole discretion, to reject, refuse to publish, or remove any User Generated Content.

17.4 Kaci Help is not responsible for and does not endorse statements, comments, or other information contained in User Generated Content provided by other users, and any reliance by you on such information will be at your sole risk. User-Generated Content provided by you or other users may contain links to other websites. Kaci Help does not monitor or verify in any way the content of any websites linked to the Sites and is not responsible for the accuracy of such content or for any of the opinions expressed therein. Inclusion of any linked website on the Sites does not imply approval or endorsement of the linked website by Kaci Help. When you access these third-party sites, you do so at your own risk.

18. Intellectual Property Rights

18.1 The Company is the exclusive owner of the Sites and the Services (including revisions, modifications, and enhancements thereto). All rights, title, and interest, including, but not limited to, intellectual property rights, in and to Kaci Help’s Sites, the Services, the Software, and the Sites’ Content, remain the exclusive property of the Company and its licensors where applicable. Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Kaci Help Sites, the Services, the Software or the Site’s Content.

18.2 The Kaci Help name, logo, and the product names associated with the Services are trademarks of the Company, our affiliated companies, or other third parties and we do not grant any right or license to you to use them. Any logo, trademark, service mark, domain name, or trade name appearing on or within the Services, whether registered or not, are the property of the Company or their respective owners. You may not use any of the foregoing without our express permission.

19. Your Mobile Device

Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on your mobile, handheld device (“Mobile Device”). You understand that your mobile provider may charge you fees for your use of its network connection while accessing or using the Services, for data downloading, e-mail, text messages, for roaming, and other mobile provider or third-party charges. You understand that the Services are provided over the Internet and mobile networks, so the quality and availability of the Services may be affected by factors outside our control.

We do not guarantee that the Services will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if the Services are unavailable or if you cannot download or access the Services or Content, for any compatibility or interoperability issues, or for any communication system failure which may result in the app is unavailable.

20. Communication Preferences and Consent

20.1 From time to time we may send you communications to the email address associated with your account. These communications may include but are not limited to, tips and recommendations, special offers, and other account-related or transactional messages.

20.2 Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive SMS communications and push notifications in connection with those applications and the Services. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of Kaci Help. You may modify your communication preferences at any time within the Settings section of our website or applications. You may not opt out of receiving account-related or transactional communications.

21. Authorized Jurisdictions

Kaci Help makes the Services available in Nigeria. We may add or remove countries and/or territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory. Use of the Services outside of the Authorized Jurisdictions is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action.

22. Indemnification

You agree to defend (at our option), hold harmless, and indemnify the Company, its professionals, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers from and against all (including reasonable attorney’s fees) third party claims and all liabilities, assessments, losses, costs, damages or settlements resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

23. DISCLAIMER

23.1 Kaci sends only notifications to dependants, partners or agencies and does not provide security or help services. Reach out to the nearest emergency services if you help. Kaci cannot be held responsible for any issue, mistake, delay or any other reason as a resulting of using the Mobile application or WhatsApp chatbot.

23.2 We provide the Service “as is” and we make no representations or warranties, whether express or implied, regarding its use or that the Services will be error-free. To the maximum extent allowed under applicable law, we make no representations or warranties of merchantability or fitness for a particular purpose, or that the use of the Services or any information relating thereto or contained therein will not infringe any intellectual property rights of any third person. We make no representations concerning the suitability, performance, completeness, accuracy, or operation of the Services. We will not assume any liability that may arise out of your use or possession of the Services.

23.3 You expressly agree that your use of, or inability to use, the Services or any Content, data, or other information found in the Services, is at your sole risk. Your sole and exclusive remedy for dissatisfaction with the Services will be to discontinue your use of the Services.

24. Limitation Of Liability

24.1 YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS PROFESSIONALS, OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPS OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

24.2 To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

25. Assignment

The Company may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

26. Suspension and Termination

26.1 We may suspend, disable, or close your account or otherwise stop providing the Services to you in whole or in part at any time and for any reason. We will make reasonable attempts to notify you through the email address or phone number you used to register your account if we ever have a need to suspend, disable, or close your account. We will have no liability to you or any third party if we suspend, disable, or close your account. You will not be able to access any Content or the Services once your access has been suspended or terminated or if the Services have been shut down.

26.2 You may deactivate your Account and end your registration at any time by contacting the Kaci Help Support. At the time of such deactivation you are solely responsible for obtaining any Content Information you may have submitted, or which has been stored on the Sites for your future use. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, Kaci Help will have no further obligation to provide the Services to you. All Sections shall survive any termination or expiration of these Terms of Use.

27. Governing Law and Disputes

(a) Governing Law. This Terms of Use, including all claims relating to or arising hereof or breach thereof, whether in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the Laws of Nigeria.

(b) Right to seek court relief. if the Company reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction;

(c) Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Terms of Use or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us Twenty One (21) days from the date of submitting your written description with us within which to resolve the dispute to your reasonable satisfaction. If Kaci Help does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.

(d) Arbitration Agreement. Any claims by Kaci Help, or claims by you that are not resolved by the Informal Resolution procedure described in clause (c) above, arising out of, relating to, or connected with this Terms of Use must be asserted individually in binding arbitration administered by the Nigerian Law. Nigerian Laws will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Terms of Use including any claim that all or any part of this Terms of Use is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Terms of Use.

The arbitration proceedings and the outcome thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this clause for use as persuasive authority in other proceedings brought pursuant to this clause.

28. General terms

28.1 These Terms of Use supersedes all prior agreements concerning the subject matter herein. If any provision in this Terms of Use is deemed invalid by a court with competent jurisdiction or by an arbitrator having conduct of such mater, such provision or portion thereof will be deemed omitted.

28.2 No term or provision in this Agreement will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Our waiver or failure to exercise in any respect any right provided herein will not be deemed a waiver or any further right hereunder.

28.3 Nothing in this Terms of Use will create or confer upon any party that is not Kaci Help or you any legal or equitable rights, remedies, liabilities, or claims with respect to this Terms of Use.

29. Notices

29.1 We may post notices to you within the Services. We may also send you notices about products and services to the email address you provided us. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your email address, up to date.

29.2 Kaci Help assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services. Except as otherwise provided for herein, any notices required to be delivered to Kaci Help under this Terms of Use may be delivered via the contact information provided below.

30. Support and Feedback

30.1 You consent to us communicating with you by electronic means (such as by email or other form of text as defined in Nigerian law).

30.2 We may send you notices electronically to the email address you provided at the time you signed up for Kacifeatures and services, or via other electronic means on Kaci when available.

30.3 The failure to enforce our rights must not be construed as a waiver of such rights.

30.4 Should any provision in these Terms of Use be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.

31. Contact

If you would like to contact us in regard to the present Terms of Use or any other document mentioned in them, please email us at [email protected].