Draft — pending legal review

This is a placeholder Terms of Service. It will be reviewed by a qualified attorney to ensure compliance with Kenyan law, the Data Protection Act 2019, and applicable consumer protection regulations before Sikivu launches publicly.

Legal

Terms of Service

Last updated: March 2026  ·  Effective: upon public launch

1. About Sikivu

Sikivu ("we", "us", "our") is a mental wellness companion operated at sikivu.app. By creating an account or using our service, you agree to these Terms of Service ("Terms").

These Terms are governed by the laws of Kenya. Any disputes will be resolved in the courts of Kenya.

2. Not a Medical Service

Important — please read carefully

Sikivu is a wellness and self-care tool, not a medical service. It is not a substitute for professional mental health care, therapy, counselling, or psychiatric treatment.

  • ·Sikivu does not diagnose, treat, cure, or prevent any mental health condition.
  • ·The AI companion provides supportive, evidence-informed responses but is not a licensed therapist or counsellor.
  • ·If you are experiencing a mental health crisis, please contact a qualified professional or emergency services.
  • ·Crisis detection features are designed to connect you with real resources — they do not replace emergency services.

3. Eligibility

To use Sikivu, you must:

  • ·Be at least 18 years old
  • ·Have a valid phone number capable of receiving SMS
  • ·Agree to these Terms and our Privacy Policy
  • ·Not be prohibited from using the service under applicable law

4. Your Account

Your account is created using your phone number and verified via one-time passcode (OTP). You are responsible for:

  • ·Keeping your phone number and account access secure
  • ·All activity that occurs under your account
  • ·Notifying us immediately if you believe your account has been compromised

One account per person. You may not create or use accounts on behalf of another person without their knowledge and consent.

5. Free and Premium Plans

Free plan

Core features are available free of charge. Crisis detection and escalation features are always free and will never be gated behind a paywall.

Premium plan

Premium features (AI companion memory, unlimited check-ins, advanced analytics) require a paid subscription. Pricing is displayed in the app and may vary by region using purchasing power parity (PPP).

Payments on the web are processed via Pesapal (M-Pesa and cards). Payments on iOS are processed via the Apple App Store; on Android via Google Play Billing. Subscriptions renew automatically unless cancelled before the renewal date. Refunds are subject to the refund policy of the platform you purchased through (Apple App Store, Google Play, or Pesapal).

6. Your Content

Journal entries, mood check-ins, and messages you write in Sikivu ("Your Content") belong to you. You grant us a limited licence to process Your Content solely to provide and improve the service.

We will never sell Your Content, use it to train AI models without your explicit consent, or share it with third parties except as described in our Privacy Policy.

7. Acceptable Use

You agree not to:

  • ·Use Sikivu for any unlawful purpose
  • ·Attempt to access another user's account or data
  • ·Reverse-engineer, scrape, or attempt to extract our AI models or underlying systems
  • ·Use automated tools to interact with the service (bots, scripts)
  • ·Upload or transmit malicious code
  • ·Impersonate another person or entity
  • ·Use the service in a way that could harm other users or third parties

8. Intellectual Property

The Sikivu brand, app design, AI models, and all content we create are our intellectual property. You may not copy, distribute, or create derivative works without our written permission. Your Content remains yours — we claim no ownership over what you write.

9. Availability and Changes

We aim to keep Sikivu available and reliable, but we cannot guarantee uninterrupted service. We may:

  • ·Temporarily suspend the service for maintenance with advance notice where possible
  • ·Modify, add, or remove features over time
  • ·Update these Terms — we will notify you of material changes via the app or email

10. Crisis Situations

Sikivu includes features designed to detect potential mental health crises and connect you with appropriate resources. These features:

  • ·Are always available free of charge, regardless of subscription status
  • ·May suggest local crisis helplines or emergency services based on your country
  • ·Do not constitute emergency medical services — if you are in immediate danger, contact emergency services directly

11. Disclaimers and Limitation of Liability

Sikivu is provided "as is". To the maximum extent permitted by Kenyan law, we disclaim all warranties, express or implied, including fitness for a particular purpose.

We are not liable for any indirect, incidental, or consequential damages arising from your use of Sikivu. Our total liability to you for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.

12. Termination

You may delete your account at any time from within the app. This terminates these Terms and triggers deletion of your personal data per our Privacy Policy.

We may suspend or terminate your account for serious or repeated violations of these Terms. We will give you reasonable notice except where immediate action is required to protect other users or the integrity of the service.

13. Governing Law and Disputes

These Terms are governed by the laws of Kenya. We encourage you to contact us first to resolve any dispute informally. If that is not possible, disputes shall be resolved in the courts of Nairobi, Kenya.

If you are located in the EU or UK, nothing in these Terms affects your rights under local consumer protection laws.

14. Contact

Questions about these Terms? Email legal@sikivu.app or use our contact form.