Terms of Service
Last Updated: Jan 1, 2025
1. Agreement to Terms
By accessing and using this website (the "Site"), you accept and agree to be bound by the terms and conditions of this agreement ("Terms of Service"). If you do not agree to abide by these terms, please do not access or use this Site. This Site is owned and operated by Kite Eugine ("we," "us," or "our").
2. Use License
Permission is granted to temporarily access and view the materials (information, projects, and content) on this Site for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials without explicit permission
- Use the materials for any commercial purpose or for any public display
- Attempt to decompile or reverse engineer any software contained on the Site
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other server
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Intellectual Property Rights
Unless otherwise indicated, all content on this Site, including but not limited to text, graphics, logos, images, code, designs, and software, is the property of Kite Eugine and is protected by international copyright, trademark, and other intellectual property laws.
The projects and portfolio pieces displayed on this Site represent original work or work created under appropriate licenses. Unauthorized use of any materials may violate copyright, trademark, and other laws.
4. User Conduct
When using this Site, including the contact form, you agree to:
- Provide accurate, current, and complete information
- Not use the Site for any unlawful purpose or to solicit unlawful activity
- Not impersonate any person or entity or falsely state or misrepresent your affiliation
- Not interfere with or disrupt the Site or servers or networks connected to the Site
- Not attempt to gain unauthorized access to any portion of the Site
- Not upload or transmit viruses, malware, or any other malicious code
- Not spam, harass, or send unsolicited messages through the contact form
- Not use automated systems (bots, scrapers) to access the Site
5. Contact Form Usage
The contact form on this Site is provided for legitimate inquiries regarding professional services, collaborations, or general communication. By submitting a message through the contact form, you agree that:
- Your submission is voluntary and you consent to the collection and use of your information as described in our Privacy Policy
- You will provide accurate and truthful information
- You will not submit spam, advertisements, or malicious content
- We reserve the right to not respond to inquiries that violate these terms
- We may use your inquiry to improve our services but will not share your personal information without your consent except as required by law
6. Third-Party Links
This Site may contain links to third-party websites or services (including social media profiles, GitHub repositories, and external projects) that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
We strongly advise you to review the terms of service and privacy policies of any third-party sites you visit. We are not responsible for any damages or losses resulting from your use of third-party websites.
7. Disclaimer of Warranties
The materials on this Site are provided on an "as is" basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Furthermore, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any sites linked to this Site.
8. Limitations of Liability
In no event shall Kite Eugine or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this Site, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage.
Some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9. Accuracy of Materials
The materials appearing on this Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on this Site are accurate, complete, or current. We may make changes to the materials contained on this Site at any time without notice. However, we do not make any commitment to update the materials.
10. Privacy and Data Collection
Your use of this Site is also governed by our Privacy Policy. We collect certain information as described in our Privacy Policy, including:
- Contact form submissions (name, email, subject, message)
- IP address location for localization purposes
- Usage data and analytics
By using this Site, you consent to such collection and use as described in our Privacy Policy. Please review our Privacy Policy for more information.
11. Indemnification
You agree to indemnify, defend, and hold harmless Kite Eugine and its affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms of Service.
12. Termination
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the Site will immediately cease.
13. Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Kenya.
14. Severability
If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable.
15. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. The updated version will be indicated by an updated "Last Updated" date at the top of these Terms. Material changes will be notified by posting the new Terms of Service on this page.
Your continued use of the Site after any changes indicates your acceptance of the new Terms of Service. It is your responsibility to review these Terms periodically for any changes.
16. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Kite Eugine regarding the use of this Site and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.
17. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Email: dev@kiteeugine.com
Website: https://kiteeugine.com
By using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.