Terms and Conditions

1. Definitions

In these Terms, the following definitions apply:

• “Finclusivo”, “we”, “our”, “us” means Finclusivo, a technology company registered in Kenya, and includes its affiliates, subsidiaries, successors, assigns, officers, employees, and authorised service providers.
• “Qwant-AI” means the AI-powered financial intelligence platform developed and operated by Finclusivo.
• “FinBuddy” means the finance-focused assistant module or feature within Qwant-AI.
• “Services” means all products, tools, platforms, websites, applications, APIs, dashboards, AI services, support systems, software, and features operated by Finclusivo, including Qwant-AI and FinBuddy.
• “User”, “you”, “your” means any individual, business, or organisation accessing or using the Services.
• “Consumer User” means an individual accessing the Services wholly or mainly for personal purposes outside of any trade, business, or profession.
• “Business User” means an individual, company, or organisation accessing the Services for commercial, professional, or organisational purposes.
• “Content” means all input and output, including prompts, messages, files, documents, financial statements, screenshots, reports, insights, and other materials submitted to or generated by the Services.
• “Financial Data” means any information relating to financial accounts, transactions, balances, statements, income, expenses, debts, investments, or business records processed through the Services.
• “DPA” means the Kenya Data Protection Act, 2019.
• “POCAMLA” means the Proceeds of Crime and Anti-Money Laundering Act, 2009 (Cap. 59B), as amended.
• “NPS Act” means the National Payment System Act, 2011.
• “NCIA” means the Nairobi Centre for International Arbitration.
• “ODPC” means the Office of the Data Protection Commissioner of Kenya.
• “CBK” means the Central Bank of Kenya.

2. Who We Are

Finclusivo is a Kenya-based technology company building AI-powered financial intelligence, digital business tools, and decision-support systems for individuals, small businesses, and organisations.

Qwant-AI is an AI-powered financial intelligence platform developed within the Finclusivo ecosystem. It helps users analyse financial data, process statements, understand spending, generate reports, summarise documents, and support business and financial decision-making.

FinBuddy is a finance-focused assistant module or feature within Qwant-AI.

3. Nature of Services

Finclusivo provides financial intelligence, data analysis, and decision-support technology. The following statements define the nature and regulatory limits of our Services and are material to your understanding and use of the platform.

3.1 What Finclusivo Is Not

Finclusivo is not, and does not operate as, a bank, deposit-taking institution, microfinance institution, investment adviser, tax adviser, insurance adviser, credit reference bureau, lending institution, accounting firm, or regulated financial adviser. We do not hold any regulatory authorisation for any such activities from the Central Bank of Kenya or any other competent authority.

3.2 Payment Services

Finclusivo is not licensed as a Payment Service Provider under the National Payment System Act, 2011, and is not authorised by the CBK to operate payment rails, process payments on behalf of users, initiate transactions, or manage payment accounts. Any payment processing connected to paid subscriptions is handled entirely by independent, licensed third-party payment processors, and Finclusivo does not touch or hold those funds.

3.3 No Custody of Funds

Finclusivo does not hold, receive, transfer, move, or disburse user funds. We do not operate a mobile money service, e-wallet, or bank account on your behalf. Our role is to analyse and present financial information only.

3.4 Informational Nature of Outputs

All AI-generated financial insights, summaries, scores, categorisations, and recommendations produced by the Services are informational and educational outputs only. They do not constitute binding assessments, credit determinations, financial advice, investment advice, tax advice, legal advice, or any other regulated professional service or communication.

4. Eligibility

4.1 You must be at least 18 years old, or hold the legal capacity required in your jurisdiction to enter into binding contracts, to use the Services.

4.2 By using our Services, you confirm that you meet the eligibility requirements above and that the information you provide during registration is accurate.

4.3 If you use the Services on behalf of a business, company, organisation, employer, or another person, you confirm that you have full legal authority to accept these Terms on their behalf and to bind that entity.

4.4 We reserve the right to request proof of identity or eligibility at any time and to suspend or refuse access where eligibility requirements are not satisfied.

5. Acceptance of Terms and Consent

5.1 Clickwrap Acceptance

These Terms are accepted through an affirmative clickwrap action. By clicking the “I Agree” or equivalent button presented at the point of account registration. You will not be able to create an account or access the Services without completing this action. Mere browsing of our websites does not constitute acceptance of these Terms.

5.2 Separate Consent for Financial Data

Where you use the Services to upload, submit, or process Financial Data, including bank statements, M-PESA statements, mobile money records, transaction histories, or business financial records, you will be asked to provide a separate, explicit consent to the processing of that data at the point of upload or activation of the relevant feature. This consent is distinct from your general acceptance of these Terms and is required by Section 30 of the DPA. You may withdraw this consent at any time without affecting your general account, subject to the effects described in our Privacy Policy.

5.3 Consent Records

We will log the timestamp, version number of the Terms accepted, and the consent action associated with your account for compliance and dispute resolution purposes. You may request confirmation of your recorded consent history by contacting support@qwant-ai.com.

5.4 Legal Capacity

By accepting these Terms, you confirm that you have full legal capacity to do so and are not acting under duress, misrepresentation, or undue influence.

6. Registration and Account Access

6.1 To use most Services, you must create an account. You agree to:

• provide accurate, current, and complete information during registration and keep that information updated throughout your use of the Services;
• keep your login credentials, passwords, PINs, and authentication methods secure and confidential at all times;
• not share account credentials or access with any unauthorised person;
• accept responsibility for all activity that occurs under your account; and
• notify us immediately at support@qwant-ai.com if you suspect any unauthorised access to or use of your account.

6.2 Identity Verification. We may require you to verify your identity as a condition of accessing certain features, increasing usage limits, or complying with applicable law, including anti-money laundering and know-your-customer (KYC) requirements under POCAMLA and applicable CBK guidance. You agree to cooperate fully and promptly with any such verification process and to provide accurate, complete, and authentic documentation on request.

6.3 We may refuse to create, or may suspend, restrict, or terminate, your account if we have reasonable grounds to believe your account information is false, misleading, compromised, abusive, unlawful, or in breach of these Terms or applicable law.

7. Using Our Services

7.1 Licence Grant. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for lawful personal, business, or organisational purposes.

7.2 Compliance. You must use the Services in accordance with:

• these Terms;
• our Privacy Policy;
• all applicable Kenyan laws and regulations, including the DPA, POCAMLA, the Computer Misuse and Cybercrimes Act, 2018, and the Consumer Protection Act, 2012; and
• any feature-specific terms, acceptable use guidelines, or usage policies published on our websites or within the Services and brought to your attention before you use the relevant feature. Where such additional policies exist, they will be clearly identified and linked; we will not bind you to policies you have not been given reasonable notice of.

7.3 Responsibility. You are responsible for your use of the Services and for all Content you submit, upload, generate, share, or rely on. Where Services are accessed by multiple users under a single business or organisation account, the account administrator is responsible for ensuring all users comply with these Terms.

8. Prohibited Uses

You must not use the Services to:

• violate any applicable law, regulation, court order, or regulatory requirement, whether Kenyan or international;
• upload financial statements, documents, or personal data belonging to another person without their knowledge and explicit lawful permission;
• commit or facilitate fraud, impersonation, identity theft, phishing, money laundering, terrorist financing, sanctions evasion, or any other financial crime;
• make or facilitate unlawful decisions about another person in connection with credit, employment, housing, insurance, lending, or any similarly significant matter, in breach of applicable anti-discrimination or data protection law;
• misrepresent AI-generated output as human-generated content in any context where disclosure of the AI origin is required by law or professional standards;
• reverse engineer, decompile, disassemble, copy, modify, adapt, translate, sublicense, sell, lease, or distribute the Services or any component of them without our prior written permission;
• attempt to access, extract, or reproduce source code, model weights, system prompts, algorithms, system architecture, training data, or security controls, except to the limited extent permitted by law;
• scrape, harvest, extract, or systematically download data, outputs, or content from the Services at scale, using automated tools or otherwise, without our prior written permission;
• bypass, circumvent, disable, or interfere with subscription controls, payment systems, rate limits, access restrictions, safety controls, or security mechanisms;
• upload, transmit, or introduce malware, viruses, ransomware, spyware, harmful code, bots, or malicious files into the Services;
• build, train, fine-tune, or otherwise improve a competing or derivative AI model, product, or service using our Services, outputs, or proprietary data, without our prior written permission;
• generate, distribute, or promote content that is unlawful, abusive, defamatory, discriminatory, sexually explicit, threatening, harassing, or deceptive;
• infringe another person's intellectual property rights, privacy rights, confidentiality obligations, or other legal rights; or
• use the Services in a manner that imposes a disproportionate or unreasonable load on our infrastructure or interferes with other users' access to the Services.

9. Content and Content Licence

9.1 Input and Output

You may provide input to the Services, including prompts, messages, files, documents, statements, screenshots, images, feedback, and business data. You may receive output from the Services, including AI responses, summaries, classifications, reports, recommendations, and insights. Input and output are collectively referred to as “Content.”

9.2 Your Ownership

You retain ownership of the Content you submit or upload. Nothing in these Terms transfers ownership of your Content to Finclusivo.

9.3 Licence to Provide Services

By submitting Content, you grant Finclusivo a limited, worldwide, royalty-free licence to process, host, store, transmit, analyse, display, and use the Content strictly as necessary to provide, maintain, secure, and support the specific Services you have requested. This licence is purpose-limited and does not authorise use of your Content for AI model training or development except as provided in clause 9.4.

9.4 AI Training

We will not use your Content to train, fine-tune, or otherwise improve our AI models, or those of any third party, without your separate, explicit, informed, and freely given consent. This consent will be sought through a distinct opt-in mechanism, separate from your general acceptance of these Terms, and will include a clear explanation of what data will be used, how, and for how long. You may withdraw this consent at any time through your account settings or by contacting us. Withdrawal will not affect the availability of core Services to you.

9.5 Your Obligations

You are solely responsible for ensuring that you hold all rights, permissions, licences, consents, and lawful authority required to submit, upload, process, and share Content through the Services, including Content belonging to third parties.

10. Ownership of Output

10.1 To the extent permitted by applicable Kenyan law, including the Copyright Act (Cap. 130), and subject to these Terms, you may use the output generated for you by the Services for your personal or business purposes.

10.2 You acknowledge that under current Kenyan law, the authorship and intellectual property ownership of AI-generated output is legally unsettled. We make no warranty that output is capable of copyright or other intellectual property protection, and we make no purported assignment of rights that we do not lawfully hold. Where the IP status of AI-generated output is material to your intended use, including commercial, publishing, or licensing purposes, you should obtain independent legal advice.

10.3 AI output may not be unique. Other users may receive similar or identical output from the Services. Any permission to use output does not extend to third-party content, open-source materials incorporated in responses, or content that is not capable of lawful ownership.

10.4 You are responsible for reviewing all output before using, publishing, sharing, or relying on it.

11. Accuracy of AI Output

11.1 Artificial intelligence is probabilistic. Output may be inaccurate, incomplete, outdated, misleading, biased, or unsuitable for your specific situation, regardless of how a prompt is framed.

11.2 You understand and agree that:

• output may not always be accurate, complete, or current;
• you must not rely on output as the sole source of truth for any decision;
• you must independently evaluate output before acting on it;
• human review is recommended for important or high-stakes matters; and
• output is not a substitute for professional financial, legal, tax, or other regulated advice.

11.3 You must not use AI output about an identified or identifiable person to make decisions that may have legal, financial, credit, employment, housing, insurance, or other similarly significant effects, unless you have an independent lawful basis, appropriate professional oversight, and all required safeguards under applicable law.

11.4 We do not guarantee that AI output will be correct, complete, current, lawful, safe, or fit for your particular purpose.

12. Financial Information Disclaimer

12.1 Qwant-AI and FinBuddy may provide financial summaries, transaction categorisation, spending insights, budgeting suggestions, business insights, cash flow analysis, financial health explanations, and related decision-support outputs.

12.2 These outputs are provided for informational and educational purposes only. They do not constitute financial advice, investment advice, credit assessment, tax advice, legal advice, insurance advice, or any other regulated professional service or communication.

12.3 You are solely responsible for your own financial decisions, business decisions, investment decisions, tax filings, borrowing decisions, repayment decisions, and legal decisions. Nothing in our Services should be understood as a guarantee of any financial outcome, savings target, investment return, loan approval, credit improvement, or business result.

12.4 Where major financial or business decisions are at stake, you should consult a qualified and appropriately licensed professional, including, where relevant, a financial adviser, tax consultant, certified public accountant, auditor, or lawyer registered to practise in Kenya.

13. Automated Processing and Financial Intelligence

13.1 Our Services use automated processing, including artificial intelligence and machine learning algorithms, to analyse Financial Data, categorise transactions, generate summaries, produce reports, and provide financial intelligence outputs.

13.2 Where outputs generated by our Services are used by third parties, including fintech partners, lenders, financial institutions, or employers, to make or inform decisions that may significantly affect you, those third parties are solely responsible for complying with applicable law, including the DPA, the Consumer Protection Act, 2012, and any applicable CBK frameworks. Finclusivo is not a party to decisions made by such third parties.

13.3 In accordance with Section 32 of the DPA, you have the right to:

• be informed that automated processing of your Financial Data is taking place and understand the logic involved;
• request a human review of any automated output that you believe is inaccurate, unfair, or has significantly affected you;
• object to automated processing of your Financial Data, in which case we will restrict or cease that processing where your objection is well-founded; and
• request correction of inaccurate data on which automated outputs were based, in accordance with your rights under the DPA.

13.4 To exercise any right under clause 13.3, contact us at support@qwant-ai.com. We will respond within 14 working days.

14. Statement Uploads and Financial Documents

14.1 If you upload a bank statement, M-PESA statement, mobile money statement, receipt, invoice, screenshot, PDF, CSV, spreadsheet, or other financial document, you confirm and warrant that:

• the document belongs to you, your business, or your organisation, or you hold explicit, documented, lawful permission to upload and process it;
• uploading the document will not unlawfully disclose another person's personal or financial data;
• you understand the document may contain sensitive personal and financial information;
• you authorise Finclusivo and Qwant-AI to process the document solely to provide the service you have requested; and
• the document was not obtained through fraud, hacking, theft, data breach, or any unlawful means.

14.2 You must not upload passwords, PINs, card security codes, internet banking credentials, or authentication tokens belonging to any person or institution. We do not require such information to provide our Services and are not responsible for any consequences arising from your uploading such information in breach of this clause.

14.3 We may reject, delete, restrict, or decline to process documents that appear unlawful, unsafe, fraudulent, corrupted, or outside the intended scope of our Services, without prior notice where necessary.

15. Anti-Money Laundering and KYC Compliance

15.1 By using our Services, you confirm and warrant that you are not using the Services, directly or indirectly, to facilitate money laundering, terrorist financing, sanctions evasion, fraud, or any other unlawful financial activity prohibited under POCAMLA, the Prevention of Terrorism Act, 2012, or any other applicable law.

15.2 You confirm that all Financial Data and documents you upload or submit relate exclusively to legitimate, lawful financial activities.

15.3 We may be required, under POCAMLA and applicable CBK and Financial Reporting Centre (FRC) guidelines, to:

• verify your identity and conduct customer due diligence (CDD) and enhanced due diligence (EDD) where required;
• monitor Financial Data and usage patterns for indicators of suspicious activity;
• file Suspicious Transaction Reports (STRs) with the Financial Reporting Centre where we have reasonable grounds for suspicion; and
• freeze, restrict, or terminate access to accounts associated with suspicious or unlawful activity without prior notice, where disclosure to you would prejudice an investigation or violate applicable law.

15.4 Breach of this clause constitutes a material breach of these Terms and will result in immediate suspension and termination of your account. We reserve the right to report such breaches to competent authorities.

16. Business and Organisation Use

16.1 If you use the Services on behalf of a business or organisation, you confirm that you are duly authorised to bind that business or organisation to these Terms.

16.2 The business or organisation is solely responsible for:

• ensuring all uploaded data, including customer records, employee records, supplier data, business files, and third-party financial records, is processed lawfully, with appropriate notice and consent or other lawful basis under the DPA;
• account administration, access controls, user permissions, and the conduct of all users operating under the account; and
• compliance with all applicable laws governing its use of the Services and any outputs, including data protection, anti-money laundering, consumer protection, and financial regulatory obligations.

16.3 API Access. Where Finclusivo provides data feeds or APIs to Business Users for integration into their own products (“API Access”):

• API Access is limited to the permitted use cases agreed between the parties in writing;
• Business Users may not resell, sublicense, re-publish, or redistribute raw data or outputs obtained through API Access without prior written permission from Finclusivo;
• Business Users are solely responsible for ensuring their use of outputs in their own products complies with all applicable law; and
• API Access is subject to applicable rate limits, fair use policies, and may be covered by a separate enterprise or API agreement.

16.4 Where a separate written enterprise agreement, data processing agreement, or service-level agreement exists between Finclusivo and a Business User, that agreement governs to the extent of any conflict with these Terms.

17. Privacy and Data Protection

17.1 Our Privacy Policy governs how we collect, use, store, share, protect, retain, and delete personal data. It is incorporated into these Terms by reference and must be read alongside them.

17.2 Our Privacy Policy has been drafted in accordance with the eight data protection principles under Section 25 of the Kenya Data Protection Act, 2019, which are aligned with the general data protection principles under the EU General Data Protection Regulation (GDPR). These principles include: lawfulness, fairness, and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability.

17.3 Where you use the Services to process personal data belonging to other individuals, including employees, customers, agents, or third parties, you are responsible for:

• holding a valid lawful basis for that processing under the DPA;
• providing adequate and timely privacy notices to the individuals concerned;
• obtaining all necessary consents where consent is the lawful basis; and
• complying with all other obligations applicable to you as a data controller under Kenyan law.

17.4 Where Finclusivo processes personal data on behalf of a Business User acting as a data controller, a Data Processing Agreement (DPA Agreement) consistent with the requirements of the DPA must be in place. Contact support@qwant-ai.com to request a DPA Agreement template.

18. Third-Party Services

18.1 Our Services may include, rely on, or connect to third-party services, including payment providers, authentication providers, cloud hosting providers, AI model providers, analytics tools, customer support platforms, APIs, and partner integrations.

18.2 Third-party services are governed entirely by their own terms, privacy policies, and applicable law. We are not responsible for the practices, privacy, security, accuracy, content, availability, or conduct of any third-party service, including the accuracy or reliability of third-party AI outputs.

18.3 Our Privacy Policy identifies the categories of third-party providers to whom personal data may be disclosed. Where we rely on third-party AI infrastructure to deliver AI capabilities, those providers process data subject to our contractual arrangements with them and their own policies. We do not control the underlying outputs of third-party AI systems.

19. Intellectual Property

19.1 Finclusivo owns or holds licences to all intellectual property rights in and relating to the Services, including all software, code, system architecture, AI models, algorithms, database structures, dashboards, user interfaces, branding, logos, names, trademarks, graphics, documents, workflows, and related materials.

19.2 Nothing in these Terms transfers ownership of any Finclusivo intellectual property to you. The licence granted in clause 7.1 is the only right you receive under these Terms.

19.3 You must not copy, reproduce, modify, adapt, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from our intellectual property without our prior written consent.

19.4 You must not use our name, logo, brand, trademarks, screenshots, or materials in a way that suggests endorsement, partnership, or affiliation with Finclusivo without our prior written consent.

20. Feedback

20.1 We welcome feedback, suggestions, bug reports, and feature requests.

20.2 By providing feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, modify, adapt, and incorporate that feedback into our Services without restriction or obligation to compensate you.

20.3 Feedback you provide must not contain confidential information of a third party, unless we have agreed otherwise in writing.

21. Paid Accounts, Billing, and Subscriptions

21.1 Some Services are available on a paid subscription basis. If you purchase a paid plan, premium feature, service credit, or add-on, you agree to provide accurate billing information and authorise our designated payment processor to charge the applicable fees at the agreed intervals.

21.2 Renewal. Paid subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. We will send a renewal reminder to your registered email address at least 7 days before the renewal date.

21.3 Cancellation. You may cancel your subscription at any time through your account settings or by contacting support@qwant-ai.com. Cancellation takes effect at the end of the current paid billing period. You retain access to paid features until the period ends.

21.4 Taxes and Charges. You are responsible for all applicable taxes, levies, mobile money transaction charges, bank fees, payment processor charges, and currency conversion costs.

21.5 Failed Payments. If a payment fails, we may suspend, downgrade, or restrict access to paid features. We will notify you and allow a reasonable cure period before taking further action.

21.6 Refunds. Fees paid are generally non-refundable except where required by applicable Kenyan law, including the Consumer Protection Act, 2012, or where we expressly state otherwise.

21.7 Price Changes. We may change subscription fees or plan features. We will provide at least 30 days’ advance written notice of any material fee increase to existing subscribers. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing. If you do not accept the new pricing, you may cancel before the effective date.

22. Free Tiers and Usage Limits

22.1 We may offer free plans, trials, demos, or limited access to certain features.

22.2 Free Services are subject to usage limits, message limits, upload limits, storage limits, feature restrictions, and rate limits as published on our websites and within the Services. These limits may change with reasonable notice.

22.3 We may change, reduce, suspend, or discontinue free access at any time, with reasonable advance notice where practicable.

23. Service Availability

23.1 We aim to provide reliable and consistent Services but do not guarantee uninterrupted, error-free, or continuously secure availability.

23.2 The Services may be temporarily unavailable due to planned or emergency maintenance, updates, security incidents, third-party outages, internet disruptions, force majeure events, or other circumstances beyond our reasonable control.

23.3 We will use reasonable endeavours to provide advance notice of planned maintenance where practicable. For emergency outages, we will communicate updates as promptly as possible.

23.4 We are not liable for temporary downtime, delays, or service interruptions, except where liability arises under clause 28 or cannot be excluded under applicable law.

24. Termination and Suspension

24.1 Termination by You. You may stop using the Services at any time. You may delete your account using the account deletion feature or by requesting deletion at support@qwant-ai.com.

24.2 Termination or Suspension by Us. We may suspend, restrict, or terminate your account or access if:

• you commit a material or repeated breach of these Terms;
• you fail to pay applicable fees after a reasonable cure period;
• your use creates a genuine security, legal, operational, reputational, or regulatory risk to Finclusivo, our users, or third parties;
• we are required to do so by applicable law, court order, regulatory authority, or under our POCAMLA obligations; or
• your account is associated with fraud, money laundering, sanctions violations, unauthorised access, or other unlawful activity.

24.3 Notice. Where lawful and practicable, we will provide reasonable advance notice before terminating your account. We may suspend access without prior notice where immediate action is necessary to protect the security of the Services or other users, or where advance notice would compromise a legal investigation or regulatory obligation.

24.4 Effect of Termination. On termination, your right to access and use the Services ends immediately. We will handle your data in accordance with our Privacy Policy and applicable legal retention obligations.

24.5 Statutory Retention. Notwithstanding account deletion or termination, we will retain financial records, transaction records, accounting records, audit logs, consent records, and related data for the periods required by applicable Kenyan law, including:

• a minimum of 5 years for tax and financial records under the Tax Procedures Act, 2015; and
• a minimum of 7 years for accounting records under the Companies Act, 2015, where applicable.

This statutory retention obligation applies regardless of any deletion request and is not conditional on your continued use of the Services. We will handle retained records in accordance with our Privacy Policy and applicable law.

25. Appeals

25.1 If you believe your account was suspended or terminated in error, you may appeal by contacting support@qwant-ai.com within 30 days of the suspension or termination, with a clear explanation of the grounds for your appeal.

25.2 We will review your appeal and aim to respond within 14 working days. Where the investigation is complex, we will keep you informed of the expected timeline.

25.3 We are not obligated to reverse every suspension or termination. Where we determine the original action was justified, we will communicate our reasons to the extent permitted by applicable law.

26. Discontinuation of Services

26.1 We may modify, discontinue, replace, suspend, or remove any Service, feature, product, plan, or integration at our discretion.

26.2 We will provide at least 30 days’ advance written notice of the material discontinuation of a paid Service, where practicable.

26.3 If a paid Service is discontinued and you have prepaid for unused access, we will provide a proportionate refund or a reasonable alternative remedy, except where the discontinuation results from your breach of these Terms.

27. Disclaimer of Warranties

27.1 The Services are provided on an “as is” and “as available” basis without warranty of any kind.

27.2 To the fullest extent permitted by applicable Kenyan law, including the Consumer Protection Act, 2012, which provides non-waivable protections for Consumer Users , we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, non-infringement, satisfactory quality, and quiet enjoyment.

27.3 We do not warrant that:

• the Services will be uninterrupted, continuously secure, or error-free;
• AI outputs will be accurate, complete, current, or appropriate for your situation;
• data uploaded to the Services will not be lost, altered, delayed, or corrupted; or
• the Services will meet your specific requirements or produce any particular outcome.

27.4 Nothing in this clause limits or excludes statutory implied warranties or consumer protection rights that cannot be lawfully excluded under the Consumer Protection Act, 2012, or other applicable mandatory law.

28. Limitation of Liability

28.1 General Cap

Subject to clause 28.3, and to the fullest extent permitted by applicable Kenyan law, the total aggregate liability of Finclusivo, its affiliates, officers, employees, contractors, partners, suppliers, and licensors for all claims arising out of or in connection with these Terms or the Services during any 12-month period shall not exceed the greater of:

• the total fees actually paid by you to Finclusivo in the 6 months immediately before the event giving rise to the claim; or
• KES 50,000.

28.2 Excluded Loss Types

To the fullest extent permitted by law, Finclusivo shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary losses, including loss of profits, revenue, business opportunity, goodwill, data, financial savings, investment returns, or anticipated savings, even if we have been advised of the possibility of such losses.

28.3 Mandatory Carve-Outs

Nothing in these Terms limits or excludes our liability for:

• fraud or fraudulent misrepresentation;
• gross negligence or wilful misconduct by Finclusivo;
• death or personal injury caused by our negligence;
• a data subject's right to compensation under Section 65 of the Kenya Data Protection Act, 2019;
• any rights conferred on Consumer Users under the Consumer Protection Act, 2012, that cannot be lawfully excluded; or
• any other liability that cannot be lawfully excluded or limited under applicable Kenyan law.

28.4 Specific Non-Liability

Without limiting clause 28.2, and subject to clause 28.3, we are not liable for:

• financial losses or business decisions made in reliance on AI output, financial insights, or automated reports generated by the Services;
• inaccuracies in data submitted by you or sourced from third-party financial institutions;
• losses arising from failure, error, or discontinuation of third-party services;
• service downtime or data loss caused by events outside our reasonable control;
• unauthorised account access resulting from your failure to keep credentials secure; or
• losses incurred while using free, trial, or limited-access tiers of the Services.

28.5 Reasonableness

The parties acknowledge that the limitations in this clause reflect a commercially reasonable allocation of risk between the parties and are an essential element of the basis on which the Services are made available. Consumer Users retain all statutory protections that cannot be waived under applicable law.

29. Indemnity (Business Users Only)

29.1 This clause applies to Business Users only. Consumer Users are not subject to any indemnity obligation under these Terms.

29.2 Business Users agree to indemnify, defend, and hold harmless Finclusivo, its affiliates, officers, employees, contractors, partners, suppliers, and licensors from and against any third-party claims, losses, liabilities, damages, regulatory fines, penalties, costs, and expenses (including reasonable legal fees) arising from:

• their use of the Services in breach of these Terms or applicable law;
• Content they submit, including unlawful uploads or processing of third-party personal data without authority;
• their failure to comply with data protection, anti-money laundering, or financial regulatory obligations applicable to their business;
• their infringement of another person's intellectual property, privacy, or other rights; or
• decisions made by them, their employees, or their customers in reliance on AI output without appropriate independent review.

30. Intellectual Property Complaints

30.1 We respect intellectual property rights. If you believe that content made available through our Services infringes your intellectual property rights under the Kenya Copyright Act (Cap. 130) or other applicable law, contact us at support@qwant-ai.com.

30.2 Your notice should include:

• your full name and contact details;
• a description of the intellectual property right you claim has been infringed;
• a description of the content you believe is infringing and where it appears within our Services;
• a good-faith statement that you believe the use is not authorised by the rights holder, their agent, or applicable law; and
• a declaration that the information in your notice is accurate to the best of your knowledge and belief.

30.3 We will investigate notices received and may remove, restrict, or disable access to content that we reasonably believe infringes intellectual property rights.

31. Dispute Resolution

31.1 Good Faith Resolution

If a dispute arises between you and Finclusivo in connection with these Terms or the Services, both parties agree to first attempt to resolve it in good faith through direct discussion. You should write to us at support@qwant-ai.com with a clear description of the dispute, your contact details, and the remedy you are seeking. We will respond in writing within 14 working days.

31.2 Mediation

If the dispute is not resolved within 30 days of your written notice, either party may refer it to mediation administered by a mutually agreed mediator. If the parties cannot agree on a mediator within 14 days, a mediator shall be appointed by the Chartered Institute of Arbitrators (Kenya Branch). Costs of mediation shall be shared equally unless otherwise agreed.

31.3 Arbitration

If mediation fails or is not initiated within the 30-day period, disputes involving claims of KES 500,000 or more may be referred to final and binding arbitration administered by the Nairobi Centre for International Arbitration (NCIA) in accordance with the NCIA Arbitration Rules current at the time of filing. The seat of arbitration shall be Nairobi, Kenya. The language of arbitration shall be English. The tribunal shall consist of one arbitrator appointed in accordance with the NCIA Rules. The arbitral award shall be final and binding on both parties.

31.4 Small Claims and Urgent Relief

Disputes involving claims below KES 500,000, or where a party seeks urgent injunctive or interim relief to prevent irreparable harm, may be brought before a court of competent jurisdiction in Nairobi, Kenya, without first completing the mediation process.

31.5 Consumer Rights Preserved

Nothing in this clause limits a Consumer User’s right to bring proceedings before the Consumer Protection Directorate, the ODPC, or any other competent regulatory body in Kenya, or to exercise statutory rights under the Consumer Protection Act, 2012, or the DPA.

32. Governing Law

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

32.2 Subject to clause 31, any disputes not resolved through the dispute resolution process in clause 31 shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

32.3 Where mandatory consumer protection or data protection laws in another jurisdiction confer additional rights on a Consumer User in that jurisdiction, those rights are not excluded by this clause.

33. Changes to These Terms

We may update these Terms from time to time. Changes are categorised as follows, and different acceptance mechanisms apply to each category:

33.1 Category A: Minor or Cosmetic Changes

Correction of typographical errors, formatting changes, clarifications that do not materially affect your rights or obligations. These take effect on the date published. No advance notice is required.

33.2 Category B: Material Non-Data Changes

Changes that materially affect your rights, obligations, fees, or the scope of the Services, but that do not change how we process your personal data. We will provide at least 14 days’ advance notice by email or in-app notification before such changes take effect. Continued use of the Services after the effective date constitutes acceptance. If you do not accept the change, you may close your account before the effective date.

33.3 Category C: Data Processing Changes

Any changes to how we collect, use, share, or retain your personal data. Such changes will not be applied to your account without your affirmative, explicit consent, a new clickwrap action or equivalent. We will clearly explain what is changing, why, and what the effect is before seeking your consent. You may decline consent without losing access to the core Services, except where the change is required by law.

34. Assignment

34.1 You may not assign, transfer, novate, or delegate your rights or obligations under these Terms without our prior written consent.

34.2 We may assign or transfer our rights and obligations under these Terms to an affiliate, successor entity, or acquirer in connection with a merger, acquisition, business restructuring, or transfer of all or substantially all of our assets or operations.

34.3 Where such assignment materially affects the nature of the Services, the entity responsible for your account, or the data processing described in our Privacy Policy, we will provide you with at least 30 days’ advance written notice before the assignment takes effect. You may close your account before the effective date if you do not wish to continue under the new entity or terms.

35. Severability

If any provision of these Terms is found by a court or arbitral tribunal to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed entirely if modification is not possible, without affecting the validity and enforceability of the remaining provisions.

36. Waiver

36.1 Our failure or delay in enforcing any provision of these Terms at any time does not constitute a waiver of our right to enforce that provision or any other provision at a later time.

36.2 Any waiver of a right under these Terms must be in writing and signed by an authorised representative of Finclusivo to be legally effective.

37. Entire Agreement

37.1 These Terms, together with our Privacy Policy, any applicable Data Processing Agreement, and any separately executed written enterprise or business agreement between the parties, constitute the entire agreement between you and Finclusivo regarding the Services and supersede all prior or contemporaneous understandings, representations, communications, or agreements on the same subject matter.

37.2 In the event of conflict between these Terms and a separately executed written enterprise or business agreement, the written enterprise agreement prevails to the extent of the inconsistency.

38. Contact Information

For questions, complaints, legal notices, or other communications relating to these Terms, contact:

Finclusivo / Qwant-AI Legal and Support
Email: support@qwant-ai.com
Website: www.finclusivo.com
Product Website: www.qwant-ai.com

For data protection matters, including DPA rights requests, consent withdrawal, automated processing objections, or privacy complaints, contact the Data Protection Team at: support@qwant-ai.com

You may also lodge a complaint with the Office of the Data Protection Commissioner of Kenya (ODPC) at www.odpc.go.ke.

Schedule

• Version 1.0: Original Terms (prior version)
• Version 1.0, July 2025: Full redraft. Added: clickwrap acceptance (s.5), Nature of Services clause (s.3), Definitions (s.1), AML/KYC clause (s.15), Automated Processing disclosure (s.13), API access terms (s.16.3), tiered change mechanism (s.33), NCIA arbitration (s.31), statutory retention carve-out (s.24.5), DPA principles acknowledgment (s.17.2), AI training separate consent (s.9.4), revised liability cap with carve-outs (s.28), assignment notification obligation (s.34.3).