Terms of Service

Welcome to Codian Concepts ("Codian", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Codian website (codian.co.ke), our API platform, developer tools, payment processing services, community features, and any related applications or services (collectively, the "Platform"). By accessing, registering an account, creating an application, initiating payments, or engaging with any part of the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

These Terms constitute a legally binding agreement between you (an individual, business, or other entity, referred to as "you" or "User") and Codian Concepts, a technology company based in Nairobi, Kenya. We may update these Terms periodically, and material changes will be communicated via email, Platform notifications, or by updating the effective date above. Your continued use of the Platform after changes constitutes acceptance of the updated Terms.

For inquiries or support, please contact our support team as provided in our contact section.

To use the Platform, you must be at least 18 years of age or the legal age of majority in your jurisdiction and have the capacity to enter into binding contracts. Businesses must be duly registered entities in their jurisdiction.

• Account Registration: To access advanced features such as API integration, app creation, or payment processing, you must create an account by providing accurate and complete information, including but not limited to name, email address, phone number, and, for businesses, registration details. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• Know Your Customer (KYC) Requirements: For certain services, including but not limited to payment processing, high-volume API usage, or withdrawals, we may require KYC verification. This may include submission of government-issued identification, proof of address, business registration documents, and details of beneficial owners. KYC data is collected to comply with Kenyan anti-money laundering (AML) and counter-terrorism financing (CTF) regulations, and may be shared with financial institutions, payment partners, or regulatory authorities as required by law.
• Application Creation: Developers may create applications (sandbox or production) through the Platform’s dashboard. Each application generates unique API credentials (e.g., client_id, client_secret, signature_secret). You must secure these credentials and are solely responsible for any misuse, including unauthorized access or fraudulent activities resulting from compromised keys. Sandbox accounts may be limited in the number of applications created, as specified in our developer documentation.
• Account Security: You agree to use strong passwords, enable two-factor authentication (2FA) where available, and promptly report any suspected unauthorized access to your account.

The Codian Platform provides a unified API gateway for integrating payment processing, messaging, real-time data services, and access to government services, as well as community tools for collaboration and networking. You agree to use the Platform solely for lawful purposes and in compliance with all applicable laws, including but not limited to the Kenyan Data Protection Act 2019, Consumer Protection Act, and international regulations where applicable.

• Permitted Uses: You may use the Platform to develop and integrate applications (e.g., for e-commerce, fintech, or crowdfunding), process payments, send communications via email or SMS, access government services through integrated APIs, and participate in community events, forums, or mentorship programs.
• Prohibited Uses: You must not use the Platform for illegal activities, including but not limited to fraud, money laundering, phishing, or unauthorized data collection. Prohibited actions include reverse-engineering our APIs, overloading servers with excessive requests, scraping content, or distributing malicious code. You may not use the Platform to harm others, including through harassment, defamation, or intellectual property infringement.
• API Usage Restrictions: APIs are subject to rate limits and usage quotas as outlined in our tariff and pricing pages. Exceeding these limits may result in throttling, additional charges, or temporary suspension. You must implement proper error handling, adhere to our developer documentation, and avoid storing sensitive data (e.g., payment card details) without adequate encryption and compliance with industry standards (e.g., PCI-DSS).
• Community Guidelines: When participating in the Codian Kenya Tech Community, you agree to respect other users, refrain from posting offensive or inappropriate content, and avoid commercial spam. We reserve the right to moderate, edit, or remove community content that violates these Terms or applicable laws.
• Government Services Portal: Access to Kenyan government services through our integrated APIs must comply with all relevant government regulations and guidelines. You are responsible for providing accurate information in submissions and ensuring compliance with legal requirements. We are not liable for errors or delays caused by third-party government systems.

The Platform facilitates payment processing through secure third-party payment providers (e.g., M-Pesa, bank integrations). We do not store full payment card details or sensitive financial information unless required for processing and compliance.

• Payment Processing: You may initiate transactions (e.g., STK Push, PayBill, Buy Goods) for legitimate purposes. You are responsible for ensuring accurate transaction details, including amounts and descriptions. Refunds, chargebacks, or reversals are subject to our policies and those of our payment partners, as detailed in our tariff and pricing pages.
• Withdrawal of Funds: Funds accumulated through the Platform (e.g., from crowdfunding campaigns or API-based transactions) may be withdrawn to supported destinations (e.g., mobile money, bank accounts, or digital wallets, where available). Withdrawal fees, minimum thresholds, and processing times are specified in our tariff and pricing pages. You are responsible for any applicable taxes or regulatory fees.
• API Usage Fees: Certain API services, including high-volume usage or premium features, may incur fees as outlined in our tariff and pricing pages. Overage charges apply for exceeding free tier limits. You agree to pay all applicable fees promptly.
• Transaction Disputes: Any issues with transactions (e.g., failed payments, chargebacks) must be reported within the timeframes specified in our support documentation. We will investigate and resolve disputes in accordance with our policies and Kenyan law, including the Consumer Protection Act.
• Financial Compliance: All transactions are subject to AML/CTF checks. We may delay, suspend, or cancel transactions suspected of being fraudulent or non-compliant with applicable regulations.

Codian Concepts retains all rights, title, and interest in the Platform, including its APIs, software, documentation, designs, and branding. You are granted a limited, non-exclusive, non-transferable license to use the Platform and APIs solely for the purposes outlined in these Terms.

• Your Content: You retain ownership of data you upload or generate through the Platform, including but not limited to application configurations, KYC documents, and community posts. By submitting content, you grant us a worldwide, royalty-free, non-exclusive license to use, store, and process it as necessary to provide and improve our services.
• API Integrations: Applications built using our APIs must comply with our branding guidelines (if any) and may require attribution (e.g., "Powered by Codian"). You may not resell, sublicense, or distribute our APIs without explicit written permission.
• Community Content: Content you post in the Codian Kenya Tech Community (e.g., forum posts, event comments) is considered public unless explicitly marked private. You grant us a license to moderate, display, or archive such content. You are responsible for ensuring your content does not infringe on third-party intellectual property rights.
• KYC Data: KYC information is collected solely for compliance with regulatory requirements. You consent to its use for verification and sharing with authorized third parties (e.g., payment processors, government agencies) as required by law. Refer to our Privacy Policy for details.
• Feedback: Any suggestions or feedback you provide about the Platform may be used by us without compensation or attribution, though ownership remains with you.

We implement industry-standard security measures, including HTTPS encryption, secure authentication (e.g., OAuth), and regular security audits, to protect your data and transactions. However, no system is completely secure, and you must take reasonable steps to safeguard your account and applications.

• Your Responsibilities: Use strong, unique passwords, enable 2FA where available, and secure your API credentials. Promptly report any suspected security breaches or unauthorized access to our support team.
• Our Security Measures: We comply with applicable standards (e.g., PCI-DSS for payment processing) and store data in secure, Kenya-compliant servers or trusted cloud providers. In the event of a data breach, we will notify affected users within the timeframes required by the Kenyan Data Protection Act 2019.
• KYC Data Handling: KYC information is collected through secure channels and stored encrypted. It is retained only for as long as necessary to fulfill its purpose or as required by law (e.g., 7 years for financial compliance). Access is restricted to authorized personnel and partners.
• API Security: You must implement secure coding practices, including proper OAuth token management and avoiding exposure of API keys in client-side code or public repositories.

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose or uninterrupted access.

• Service Availability: We do not guarantee continuous or error-free operation of the Platform, including APIs, payment processing, or government services integrations. Downtime may occur due to maintenance, third-party outages (e.g., M-Pesa, government systems), or other factors.
• Liability Limitation: To the maximum extent permitted by law, Codian Concepts, its affiliates, and partners will not be liable for indirect, incidental, or consequential damages (e.g., lost profits, data loss) arising from your use of the Platform. Our total liability is limited to the amount of fees you paid to us in the preceding 12 months, if any.
• Indemnification: You agree to indemnify and hold us harmless from any claims, losses, or liabilities arising from your use of the Platform, including but not limited to API misuse, fraudulent transactions, or violations of these Terms.
• Third-Party Services: We are not liable for errors, delays, or failures in third-party services integrated with the Platform, including payment processors or government APIs.

We reserve the right to suspend or terminate your access to the Platform, in whole or in part, at our discretion, including for violations of these Terms, suspected fraudulent activity, non-payment of fees, or failure to comply with KYC requirements.

• Termination Process: Upon termination, your account and API credentials will be deactivated, and you must cease all use of the Platform. Any data retained will be handled in accordance with our Privacy Policy.
• User-Initiated Termination: You may close your account at any time through the Platform’s dashboard or by contacting our support team. Outstanding fees or obligations remain enforceable.
• Appeals: If your account is suspended, you may appeal by contacting our support team within 7 days, providing relevant details. We will review appeals in good faith.

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles.

• Jurisdiction: Any disputes arising from or related to these Terms or your use of the Platform will be resolved in the courts of Nairobi, Kenya, unless we mutually agree to arbitration under the Kenyan Arbitration Act.
• Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions or collective arbitration.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

These Terms constitute the entire agreement between you and Codian Concepts regarding your use of the Platform, superseding any prior agreements.

• Amendments: We may update these Terms periodically. Material changes will be notified at least 30 days in advance via email or Platform announcements.
• No Waiver: Our failure to enforce any provision does not constitute a waiver of that provision or any other rights.
• Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations to affiliates or successors.
• Contact Information: For questions, complaints, or legal notices, contact our support or legal team as provided in our contact section.