Terms and Conditions of Service
By accessing, browsing, registering with, or otherwise utilizing nithabiti.com, all participating institutions, corporate bodies, administrative personnel, developers, API consumers, and public end-users hereby explicitly acknowledge, understand, covenant, and unconditionally agree to the following binding terms and conditions. These terms are formally structured to govern platform utilization to the fullest legal extent and completely shield, indemnify, and hold harmless Nithabiti, its developers, operators, directors, officers, agents, and **Maryted Technologies & Innovators** from any and all legal jurisdiction, regulatory oversight actions, multi-party arbitration, class actions, or civil/criminal liability of any nature.
1. Reservation of Rights and Intellectual Property
- Proprietary Platform Rights: Nithabiti and Maryted Technologies & Innovators retain and reserve all worldwide rights, titles, interests, ownership, and intellectual property in and to the platform’s software source code, database architecture, API infrastructure, mass-upload pipelines, unique QR code generation logic, user interface layouts, and proprietary verification protocols. The platform is officially registered and protected under the **Kenya Copyright Board (KECOBO)**.
- Limited Grant of License: All verified and fully onboarded institutions are granted a strict, non-exclusive, revocable, non-transferable license and privilege to utilize the Nithabiti system infrastructure exclusively in accordance with their executed institutional subscription and onboarding terms.
2. Operational Rules, Subscription, and Institutional Compliance
- Subscription Framework: Participating organizations operate under an annual institutional subscription model coupled with transactional batch-upload record processing fees integrated into the platform’s secure payment notification and verification logic. Non-payment or lapse in subscription results in immediate feature suspension.
- Mandatory Compliance: All verified institutions must strictly adhere to the operational bylaws, security protocols, technical guidelines, and compliance directives established by the Nithabiti system. Any breach, non-compliance, unauthorized data scraping, or malicious manipulation shall empower Nithabiti to enact immediate administrative suspension or permanent revocation of institutional access without prior warning, notice, or financial refund.
3. Absolute Limitation of Liability & Complete Indemnification
- Exclusive Liability for Data Uploads: Verified institutions bear sole, exclusive, and absolute liability for all data, records, batches, metadata, payment receipts, and digital files uploaded to or processed through the Nithabiti system dashboards and APIs.
- Jurisdictional Immunity & Hold Harmless: Nithabiti, its operators, directors, affiliates, and Maryted Technologies & Innovators shall not be assigned, subjected to, or held legally liable for any legal proceedings, statutory fines, claims, demands, compensatory or punitive damages, or arbitration of any nature arising from or ancillary to the uploads, management, factual accuracy, or usage of data submitted by verified organizations.
- Neutral Infrastructure Status: Nithabiti functions strictly and exclusively as a neutral technology infrastructure and database hosting provider. The entire responsibility for data integrity, factual correctness, legal authorization, and evidentiary validity concerning uploaded records lies exclusively with the respective verified institution. Nithabiti does not assume liability for external fraudulent inputs submitted prior to network validation.
4. Data Privacy, Consent, Masking Architecture, and Personnel Education
- Statutory Compliance & Informing Personnel: Verified institutions are legally, statutorily, and operationally liable for informing, educating, and training their personnel, students, alumni, and document holders regarding the purpose, scope, and visibility of verification details uploaded to the Nithabiti system.
- Mandatory Data Subject Consent: Verified institutions expressly warrant, covenant, and represent that they have obtained all legally required prior informed consents, statutory permissions, and regulatory authorizations from respective data subjects before uploading any personal identification records, academic credentials, or documents to the platform. Nithabiti disclaims and assumes zero liability for unverified, non-consensual, or unlawful data submissions executed by participating bodies.
- Privacy-First Masking Mechanics: While the Nithabiti ecosystem preserves data integrity by matching platform data against physical documents—including masking sensitive fields such as the second name of document holders to prevent identity theft, scraping, or misuse—the ultimate legal authorization for processing remains entirely with the onboarding institution.
5. Account Security, API Integrity, and Compromise Liability
Institutions are solely and exclusively responsible for maintaining the strict confidentiality and physical security of their account login credentials, dashboard passwords, and unique API keys. Nithabiti shall bear zero liability for any unauthorized data uploads, security breaches, data tampering, or malicious injections resulting from compromised institutional credentials, weak passwords, or administrative negligence on the part of the institution's personnel.
6. Service Availability, Uptime, and "As-Is" Disclaimer
The Nithabiti infrastructure, including verification portals and API endpoints, is provided strictly on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied. Maryted Technologies & Innovators disclaims all warranties regarding continuous uptime, error-free operation, or uninterrupted access, and shall not be held liable for any direct or indirect business losses, missed recruitment contracts, or commercial damages resulting from system downtime, hosting expiration, database maintenance, or server outages.
7. Termination and Account Suspension Rights
Nithabiti reserves the absolute, unilateral legal right to suspend, terminate, or restrict any verified institution's account, API access, or dashboard privileges immediately, without prior notice or refund, upon any suspected violation of these terms, fraudulent activity, security threat, or behavior that compromises the security, reputation, and structural integrity of the ecosystem.
8. Force Majeure (Unforeseen Circumstances)
Nithabiti and Maryted Technologies & Innovators shall not be held liable or deemed in default for any failure to perform its obligations under these terms if such failure stems directly or indirectly from causes beyond its reasonable control. This includes, without limitation, acts of God, global internet infrastructure failures, telecommunication line outages, widespread cyber-attacks, distributed denial-of-service (DDoS) attacks, government restrictions, regulatory shutdowns, or civil unrest.
9. Dispute Resolution, Waiver of Class Actions, and Arbitration Exclusion
Any disputes, controversies, claims, or legal actions arising out of or relating to platform usage, data processing, system downtimes, financial payments, or these terms shall be settled exclusively through direct administrative review between the parties. Participating institutions, corporate users, and individuals explicitly waive any constitutional or statutory right to institute multi-party arbitration, class-action lawsuits, or external judicial proceedings against Nithabiti, its officers, or Maryted Technologies & Innovators.