Creators should only upload videos/images that they have made or that they're authorized to use. That means they should not upload videos they didn't make, or use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.

What is Fair Use?

Fair Use is a U.S. law that allows the reuse of copyright-protected material under certain circumstances without getting permission from the copyright owner. However, Fair Use is determined on a case-by-case basis, and different countries have different rules about when it’s okay to use material without the copyright owner’s permission. In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use, but it can depend on the situation.

How can rights holders make copyright claims?

Everyone has access to JPAWA’s Copyright Management Tools, which gives rights holders control of their copyrighted material on JPAWA. We work with rights holders to match them to appropriate features based on the scale of their copyrighted content on JPAWA, and the resources they’ve dedicated to responsibly manage their content online. Our Copyright Management Suite provides a number of ways rights holders can make copyright claims.

What action does JPAWA take for copyright infringement?

If a copyright owner submits a valid complaint through our webform, we take down that video and apply a copyright strike. If a user gets three copyright strikes in 90 days, their account, along with any associated channels, will be terminated. We also have tools to help Creators resolve their copyright strikes - including waiting for it to expire after 90 days, requesting a retraction, or submitting a counter notification.

JPAWA seeks to give the Kenyan youth a voice to express themselves while creating lasting connections.

We hope to bring Kenyans together through a platform of fun while maintaining privacy and control.

Introduction

JTOK's mission is to inspire creativity and bring joy. We are building a global community where people can create and share, discover the world around them, and connect with others across the world. We are committed to maintaining a supportive environment for our growing community. Our Community Guidelines establish a set of norms and common code of conduct that provide for a safe and welcoming space for everyone.

At JTOK, we prioritize safety, diversity, inclusion, and authenticity. We encourage creators to celebrate what makes them unique and viewers to engage with what inspires them; we believe that a safe environment helps everyone do so openly.  We prize the global nature of our community and strive to take into account the breadth of cultural norms where we operate. We also aim to cultivate an environment for genuine interactions by encouraging authentic content on JTOK.

Our Community Guidelines apply to everyone and everything on JTOK. We proactively enforce them using a mix of technology and human moderation and aim to do so before people report potentially violative content to us. We also encourage our community members to use the JTOK to report any content or account they believe violates our Community Guidelines.

We will remove any content – including video, audio, livestream, images, comments, links, or other text – that violates our Community Guidelines. Individuals are notified of our decisions and can appeal them if they believe no violation has occurred. We will temporarily or permanently ban accounts and/or users that are involved in severe or repeated on-platform violations; we may also consider actions on other platforms and offline behavior in these decisions. Circumstances that involve any instance of a threat of real-world harm to human life that is specific, credible, and imminent may be reported to law enforcement authorities. The full JTOK experience is for people 13 and older, and we actively remove accounts of people we suspect are under this age. (In the US, we accommodate people under 13 in JTOK for Younger Users, a limited app experience designed specifically for this audience with additional safeguards and privacy protections.)

Our algorithms are designed with trust and safety in mind. For some content, we may reduce discoverability, including by redirecting search results, or making videos ineligible for recommendation in the For You feed. More information can be found below in the Ineligible for the For You feed section.

At the same time, we recognize that some content that would normally be removed per our Community Guidelines may be in the public interest. Therefore, we may allow exceptions under certain limited circumstances, such as educational, documentary, scientific, artistic, or satirical content, content in fictional or professional settings, counterspeech, or content that otherwise enables individual expression on topics of social importance. To minimize the potentially negative impact of graphic content, we may first include safety measures such as an “opt-in” screen or warning.

In consultation with relevant stakeholders, we update our Community Guidelines from time to time to evolve alongside new behaviors and risks, as part of our commitment to keeping JTOK a safe place for creativity and joy.

Minor safety

We are deeply committed to protecting the safety of minors on our platform. JTOK defines a minor as any person under the age of 18. We prohibit activities that perpetuate the abuse, harm, endangerment, or exploitation of minors on JTOK. Any content, including animation or digitally created or manipulated media, that depicts abuse, exploitation, or endangerment of minors is a violation on our platform and will be removed when detected. We report child sexual abuse material (CSAM) and supporting evidence  to the National Center for Missing & Exploited Children (NCMEC) and to any additional relevant legal authorities.

Our users must meet the minimum age requirements to use JTOK, as stipulated in our Terms of Service. When an underage account is identified, we remove it. Given our platform is designed with the safety of minors in mind, some of our features are age restricted. Account holders who are under the age of 16 cannot use direct messaging or host a livestream and their content is not eligible to appear in the For You feed (the age thresholds may be higher in some regions). Account holders who are under the age of 18 cannot send or receive gifts via our virtual gifting features.

Sexual exploitation of minors

JTOK will take action on any content or accounts involving CSAM or sexual exploitation of a minor. Sexual exploitation of minors includes any abuse of a position of power or trust for sexual purposes, including profiting financially, socially, sexually, or politically from the exploitation of a minor. CSAM is defined as any visual depiction of sexually explicit nudity or conduct of a minor, whether captured by predatory adults, peers, or self-generated by minors.

Do not post, upload, download, stream, or share:

• • Content that shares, reshares, offers to trade or sell, or directs users off platform to obtain or distribute CSAM
• • Content that engages with minors in a sexualized way, or otherwise sexualizes a minor (e.g., via product features like duets)
• • Content that depicts, solicits, glorifies, or encourages child abuse imagery including nudity, sexualized minors, or sexual activity with minors
• • Content that depicts, promotes, normalizes, or glorifies pedophilia or the sexual assault of a minor
• • Content that re-victimized or capitalizes on minor victims of abuse by third party reshares or reenactments of assault or confessions

Grooming behavior

Grooming behaviors are those in which an adult builds an emotional relationship with a minor in order to gain the minor's trust for the purposes of future or ongoing sexual contact, sexual abuse, trafficking, or other exploitation. These behaviors may include: flattery, requests for contact on or off platform, requests for personal information, solicitation of minor sexual abuse material, sexual solicitations or comments, and gift-giving.

Do not post, upload, stream, or share:

• • Grooming advances
• • Content that depicts, promotes, normalizes, or glorifies grooming behaviors
• • Content that solicits real-world contact between a minor and an adult or between minors with a significant age difference
• • Content that displays or offers nudity to minors
• • Content that solicits minors to connect with an adult on another platform, website, or other digital space
• • Any solicitation of nude imagery or sexual contact, through blackmail or other means of coercion

Nudity and sexual activity involving minors

Nudity and sexual activity involving minors include content that is overtly revealing of breasts, genitals, anus, or buttocks, or behaviors that mimic, imply, or display sex acts involving minors. We do not allow the depiction, including digitally created or manipulated content, of nudity or sexual activity.

Do not post, upload, stream, or share:

• • Content that depicts or implies minor sexual activities including penetrative and non-penetrative sex, oral sex, or intimate kissing
• • Content that depicts sexual arousal or sexual stimulation involving a minor
• • Content that depicts a sexual fetish involving a minor
• • Content that depicts exposed genitals, buttocks, the pubic region, or female nipples of a minor
• • Content that contains sexually explicit language depicting or describing a minor
• • Content depicting a minor that contains sexually explicit song lyrics
• • Content with sexually explicit dancing of a minor, including twerking, breast shaking, pelvic thrusting, or fondling the groin or breasts of oneself or another
• • Content depicting a minor undressing
• • Content depicting a minor in minimal clothing that is not situationally relevant to the location
• • Sexualized comments, emojis, text, or other graphics used to veil or imply nudity or sexual activity of a minor

Harmful activities by minors

Harmful minor activities include the possession or consumption of substances prohibited for minors, the misuse of legal substances, engagement in illegal activities, and participation in activities, physical challenges, or dares that may threaten the well-being of minors. We remove any such content from our platform.

Do not post, upload, stream, or share:

• • Content that suggests, depicts, imitates, or promotes the possession or consumption of alcoholic beverages, tobacco, or drugs by a minor
• • Content that offers instruction targeting minors on how to buy, sell, or trade alcohol, tobacco, or controlled substances
• • Content that depicts or promotes activities that may jeopardize youth well-being, including physical challenges, dares, or stunts

Physical and psychological harm of minors

Behaviors that place minors at risk of physical or psychological harm include physical abuse, neglect, child endangerment, and psychological disparagement. We remove any such content from our platform.

Do not post, upload, stream, or share:

• • Content that depicts or promotes physical abuse, neglect, endangerment, or psychological disparagement of minors

Crimes against children

We do not allow users who have been convicted of crimes against children to have an account on our platform. These crimes include: sexual assault, molestation, murder, physical abuse or neglect, abduction, international parental kidnapping, trafficking, exploitation of minors for prostitution, live online sexual abuse of a minor, sexual exploitation of minors in the context of travel and tourism, attempts to obtain or distribute CSAM, and the production, possession, or distribution of CSAM. If we discover any such users, we ban the account. Any self-disclosed user information that states the account holder is a pedophile or minor sex offender will be taken at face value and the account will be deleted.

Dangerous acts and challenges

We do not permit users to share content depicting, promoting, normalizing or glorifying dangerous acts that may lead to serious injury or death. We also do not allow content which promotes or endorses collective participation in dangerous or harmful activities that violate any aspect of our Community Guidelines.

We define dangerous acts or other dangerous behavior as activities conducted in a non-professional context or without the necessary skills and safety precautions that may lead to serious injury or death for the user or the public. This includes amateur stunts or dangerous challenges.

Do not post, upload, stream, or share:

• • Content that shows the potentially inappropriate use of dangerous tools or objects
• • Content that depicts dangerous driving behavior
• • Content that depicts or promotes ingesting substances that are not meant for consumption and could lead to severe harm
• • Content that describes or provides instructional detail on how to perform a dangerous activity
• • Dangerous games, dares, challenges, or stunts that might lead to injury or property damage 

Suicide, self-harm, and disordered eating

We care deeply about the health and well-being of the individuals who make up our community. We do not allow content depicting, promoting, normalizing, or glorifying activities that could lead to suicide, self-harm, or disordered eating. However, we do support members of our community sharing their personal experiences with these issues in a safe way to raise awareness and find community support. We also encourage individuals who are struggling with thoughts of suicide or self-harm, or who know someone is seriously considering suicide, to immediately contact local emergency services or a suicide prevention hotline. In the event that our intervention could help a user who may be at risk of harming themselves, JTOK may also alert local emergency services.

Suicide and self-harm

We remove content that depicts suicide, involves suicidal ideation, or that might encourage suicidal or self-injurious behavior. We also remove content that depicts attempted suicide or behavior likely to lead to self-inflicted death. We prohibit any form of content that promotes, normalizes, or glorifies suicide, provides instructions for suicide, or posts that portray a suicide as heroic or honorable. Circumstances that involve any instance of a threat of real-world harm to human life that is specific, credible, and imminent may be reported to law enforcement authorities.

Content that encourages or promotes suicide or self-harm hoaxes are also not allowed. This includes alarming warnings that could cause panic and widespread harm. We will remove such warnings, while allowing content that seeks to dispel panic and promote accurate information about such hoaxes.

Do not post, upload, stream, or share:

• • Content that depicts, promotes, normalizes, or glorifies suicide or self-harm
• • Content that provides instructions for suicide or how to engage in self-harm
• • Suicide or self harm games, dares, challenges, pacts, or hoaxes

Disordered eating

Content that promotes unhealthy eating behaviors or habits that are likely to cause adverse health outcomes is not allowed on the platform. This includes content expressing desire for an eating disorder, sharing tips or coaching on disordered eating, and participation in unhealthy body measurement challenges.

Do not post, upload, stream, or share:

• • Content that depicts, promotes, normalizes, or glorifies disordered eating
• • Content that depicts, promotes, normalizes, or glorifies any dangerous weight loss behaviors associated with disordered eating

Adult nudity and sexual activities

We strive to create a platform that feels welcoming and safe. We do not allow nudity, pornography, or sexually explicit content on our platform. We also prohibit content depicting or supporting non-consensual sexual acts, the sharing of non-consensual intimate imagery, and adult sexual solicitation.

Sexual exploitation

Sexual exploitation is defined as any actual or attempted abuse of a position of vulnerability, power, or trust for sexual purposes, including profiting monetarily, socially, or politically from the sexual exploitation of another. We do not permit sexually exploitative content.

Do not post, upload, stream, or share:

• • Content that depicts, solicits, promotes, normalizes, or glorifies non-consensual sexual acts or non-consensual touching, including rape and sexual assault
• • Content that depicts, solicits, promotes, normalizes, or glorifies the sharing of non-consensual intimate imagery, including sexual images that are taken, created, or shared without consent
• • Content that depicts, promotes, normalizes, or glorifies sexual violence
• • Content that depicts, promotes, or glorifies sexual solicitation, including offering or asking for sexual partners, sexual chats or imagery, sexual services, premium sexual content, or sexcamming

Nudity and sexual activity involving adults

Nudity and sexual activity include content that is overtly revealing of breasts, genitals, anus, or buttocks, or behaviors that mimic, imply, or display sex acts. We do not allow depictions, including digitally created or manipulated content, of nudity or sexual activity. We are mindful that some content may be offensive or culturally inappropriate in certain regions or may not be suitable for users of all ages.

Do not post, upload, stream, or share:

• • Content that explicitly or implicitly depicts sexual activities including penetrative and non-penetrative sex, oral sex, or erotic kissing
• • Content that depicts sexual arousal or sexual stimulation
• • Content that depicts a sexual fetish
• • Content that depicts genitals, buttocks, the pubic region, or female nipples
• • Content that contains sexually explicit language for sexual gratification

Bullying and harassment

We believe in an inclusive community and individual expression without fear of abuse. We do not tolerate members of our community being shamed, bullied, or harassed. Abusive content or behavior can cause severe psychological distress and will be removed from our platform.

Abusive behavior

We remove expressions of abuse, including threats or degrading statements intended to mock, humiliate, embarrass, intimidate, or hurt an individual. This prohibition extends to the use of JTOK features. To enable expression about matters of public interest, critical comments of public figures may be allowed; however, serious abusive behavior against public figures is prohibited.

Do not post, upload, stream, or share:

• • Content that insults another individual, or disparages an individual on the basis of attributes such as intellect, appearance, personality traits, or hygiene
• • Content that encourages coordinated harassment
• • Content that disparages victims of violent tragedies
• • Content that uses JTOK interactive features (e.g., duet) to degrade others
• • Content that depicts willful harm or intimidation, such as cyberstalking or trolling
• • Content that wishes death, serious disease, or other serious harm on an individual

Sexual harassment

Sexual harassment involves unwanted or inappropriate sexual behavior directed at another individual. We do not allow content that glorifies, normalizes or promotes sexual harassment, regardless of the user's intent.

Do not post, upload, stream, or share:

• • Content that attempts to make unwanted sexual contact
• • Content that disparages another person’s sexual activity
• • Content that simulates sexual activity with another person, either verbally, in text (including emojis), or through the use of any in-app features
• • Content that alters or morphs an image of another individual to portray or imply sexual suggestiveness or engagement in sexual activity
• • Content that reveals, or threatens to reveal, details of a person's private sexual life, including digital content, sexual history, and names of previous sexual partners
• • Content that exposes, or threatens to expose, a person's sexual orientation without their consent

Threats of hacking, doxxing, and blackmail

Threatening to hack or dox with an intent to harass or blackmail another individual can cause serious emotional distress and other offline harm. We define doxxing as the act of collecting and publishing personal data or personally identifiable information (PII) for malicious purposes. We consider these online behaviors as forms of abuse and do not allow them on our platform.

Do not post, upload, stream, or share:

• • Content that threatens to reveal personal data or personally identifiable information (PII), including residential address, private email address, private phone number, bank statement, social security number, or passport number
• • Content that threatens to blackmail an individual or to hack an individual's account
• • Content that incites or encourages others to hack or reveal another person's account, personal data, or personally identifiable information (PII)
• • An individual's account, personal data, or personally identifiable information to encourage others to abuse, troll, or harass that individual

Hateful behavior

JTOK is a diverse and inclusive community that has no tolerance for discrimination. We do not permit content that contains hate speech or involves hateful behavior, and we remove it from our platform. We ban accounts and/or users that engage in severe or multiple hate speech violations or that are associated with hate speech off the JTOK platform.

Attacks and slurs on the basis of protected attributes

We define hate speech or behavior as content that attacks, threatens, incites violence against, or otherwise dehumanizes an individual or a group on the basis of the following protected attributes:

• • Race
• • Ethnicity
• • National origin
• • Religion
• • Caste
• • Sexual orientation
• • Sex
• • Gender
• • Gender identity
• • Serious disease
• • Disability
• • Immigration status

Slurs are defined as derogatory terms that are intended to disparage groups or individuals based on any protected attributes listed above. To minimize the spread of egregiously offensive terms, we remove all slurs from our platform, unless the terms are reappropriated, used self-referentially (i.e., by members of the protected group), or used in a way that does not disparage (e.g., educational context).

Do not post, upload, stream, or share:

• • Content claiming individuals or groups with protected attributes are physically, mentally, or morally inferior or referring to them as criminals, animals, inanimate objects, or other non-human entities  
• • Content promoting or justifying violence, exclusion, segregation, or discrimination against them
• • Content that includes the use of non-self referential slurs
• • Content that targets transgender or non-binary individuals through misgendering or deadnaming
• • Content that depicts harm inflicted upon an individual or a group on the basis of a protected attribute

Hateful ideology

Hateful ideologies are those that demonstrate clear hostility toward people because of their protected attributes. Hateful ideologies are incompatible with the inclusive and supportive community that our platform provides and we remove content that promotes them.

Do not post, upload, stream, or share:

• • Content that praises, promotes, glorifies, or supports any hateful ideology (e.g., white supremacy, misogyny, anti-LGBTQ, antisemitism)
• • Content that contains names, symbols, logos, flags, slogans, uniforms, gestures, salutes, illustrations, portraits, songs, music, lyrics, or other objects related to a hateful ideology
• • Content that promotes, supports, or advertises conversion therapy or related program
• • Content that denies well-documented and violent events have taken place affecting groups with protected attributes (e.g., Holocaust denial)
• • Claims of supremacy over a group of people with reference to other protected attributes
• • Conspiracy theories used to justify hateful ideologies

Violent extremism

We take a firm stance against enabling violence on or off JTOK. We do not allow people to use our platform to threaten or incite violence, or to promote violent extremist organizations, individuals, or acts. When there is a threat to public safety or an account is used to promote or glorify off-platform violence, we ban the account. When warranted, we will report threats to relevant legal authorities. To effectively protect our community, we may consider off-platform behavior to identify violent extremist organizations and individuals on our platform. If we find such organizations or individuals, we will ban their accounts.

Threats and incitement to violence

We consider incitement to violence as advocating for, directing, or encouraging other people to commit violence. We do not allow threats of violence or incitement to violence on our platform that may result in serious physical harm.

Do not post, upload, stream, or share:

• • Statements of intent to inflict physical injuries on an individual or a group
• • Statements or imagery that encourage others to commit or that advocate for violence
• • Conditional or aspirational statements that encourage other people to commit violence
• • Calls to bring weapons to a location with the intent to intimidate or threaten an individual or group with violence
• • Instructions on how to make or use weapons that may incite violence

Violent extremist organizations and individuals

We do not allow organizations or individuals on our platform who promote or engage in violence, including terrorist organizations, organized hate groups, criminal organizations, and other non-state armed groups that target civilians.

Terrorist organizations

Terrorists and terrorist organizations are non-state actors that threaten violence, use violence, and/or commit serious crimes (such as crimes against humanity) against civilian populations in pursuit of political, religious, ethnic, or ideological objectives.

Organized hate groups

We use the term “organized hate” to refer to those individuals and organizations who attack people based on protected attributes, such as race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, or immigration status. We consider attacks to include actions that incite violence or hatred, that aim to dehumanize individuals or groups, or that embrace a hateful ideology.

Criminal organizations

Criminal organizations are transnational, national, or local groups that have engaged in serious crimes, including violent crimes (e.g., homicide, rape, robbery, assault), trafficking (e.g., human, organ, drug, weapons), kidnapping, financial crimes (e.g., extortion, blackmail, fraud, money laundering), or cybercrime.

Do not post, upload, stream, or share:

• • Content that praises, promotes, glorifies, or supports violent acts or extremist organizations or individuals
• • Content that encourages participation in, or intends to recruit individuals to, violent extremist organizations
• • Content with names, symbols, logos, flags, slogans, uniforms, gestures, salutes, illustrations, portraits, songs, music, lyrics, or other objects meant to represent violent extremist organizations or individuals

Integrity and authenticity

We believe that trust forms the foundation of our community. We do not allow activities that may undermine the integrity of our platform or the authenticity of our users. We remove content or accounts that involve spam or fake engagement, impersonation, or misleading information that causes significant harm.

Spam and fake engagement

Fake engagement includes any content or activity that seeks to artificially inflate popularity on the platform. We prohibit any attempts to manipulate the platform to increase interaction metrics.

Do not:

• • Share instructions on how to artificially increase views, likes, followers, shares, or comments
• • Engage in selling or buying views, likes, followers, shares, or comments
• • Promote artificial traffic generation services
• • Operate multiple JTOK accounts under false or fraudulent pretenses to distribute commercial spam
• • Create malicious software or modify code to artificially increase views, likes, followers, shares, or comments

Impersonation

We do not allow accounts that pose as another person or entity in a deceptive manner. When we confirm a report of impersonation, we may ask the user to revise the profile or may ban the account. We do allow accounts that are clearly parody, commentary, or fan-based, such as where the username indicates that it is a fan, commentary, or parody account and not affiliated with the subject of the account.

Do not:

• • Pose as another person or entity by using someone else's name, biographical details, or profile picture in a misleading manner

Harmful misinformation

Misinformation is defined as content that is inaccurate or false. We will remove misinformation that causes significant harm to individuals, our community, or the larger public regardless of intent. Significant harm includes serious physical injury, illness, or death; severe psychological trauma; large-scale property damage, and the undermining of public trust in civic institutions and processes such as governments, elections, and scientific bodies. This does not include simply inaccurate information, myths, or commercial or reputational harm.

Do not post, upload, stream, or share:

• • Misinformation that incites hate or prejudice
• • Misinformation related to emergencies that induces panic
• • Medical misinformation that can cause harm to an individual's physical health
• • Content that misleads community members about elections or other civic processes
• • Conspiratorial content including content that attacks a specific person or a protected group, includes a violent call to action, or denies a violent or tragic event occurred
• • Digital Forgeries (Synthetic Media or Manipulated Media) that mislead users by distorting the truth of events and cause significant harm to the subject of the video, other persons, or society

Do not:

• • Engage in coordinated inauthentic behavior such as the use of multiple accounts to exert influence and sway public opinion while misleading individuals, our community, or our systems about the account's identity, location, relationships, popularity, or purpose

Illegal activities and regulated goods

We work to ensure JTOK does not enable activities that violate laws or regulations. We prohibit the trade, sale, promotion, and use of certain regulated goods, as well as the promotion or facilitation of criminal activities, including human exploitation. Content may be removed if it relates to activities or goods that are regulated or illegal in the majority of the region or world.

Criminal activities

Criminal activities cover a wide spectrum of acts punishable by law, including theft, assault, human exploitation, counterfeiting, and other harmful behavior. To prevent such behavior from being normalized, imitated, or facilitated, we remove content that promotes or enables criminal activities.

Do not post, upload, stream, or share:

• • Content that promotes acts of physical harm, such as assault or kidnapping
• • Content that risks the safety of others, including swatting
• • Content that promotes human exploitation, including human smuggling, bonded labor, domestic servitude, sex trafficking, or prostitution
• • Content that promotes vandalism or damage to property
• • Content that promotes the poaching or illegal trade of wildlife
• • Content that offers the purchase, sale, trade, or solicitation of unlawfully acquired or counterfeit goods
• • Content that provides instructions on how to conduct criminal activities that result in harm to people, animals, or property

Weapons

We do not allow the depiction, promotion, or trade of firearms, ammunition, firearm accessories, or explosive weapons. We also prohibit instructions on how to manufacture those weapons. We may allow depiction when appearing in educational contexts (e.g., as part of a museum's collection), involving authorized government personnel (e.g., a police officer) or used in a safe and controlled environment (e.g., shooting range, recreational hunting).

Do not post, upload, stream, or share:

• • Content that displays firearms, firearm accessories, ammunition, or explosive weapons
• • Content that offers the purchase, sale, trade, or solicitation of firearms, accessories, ammunition, explosive weapons, or instructions on how to manufacture them

Drugs, controlled substances, alcohol, and tobacco

We do not allow the depiction, promotion, or trade of drugs or other controlled substances. The trade of tobacco and alcohol products is also prohibited on the platform.

Do not post, upload, stream, or share:

• • Content that depicts or promotes drugs, drug consumption, or encourages others to make, use, or trade drugs or other controlled substances
• • Content that offers the purchase, sale, trade, or solicitation of drugs or other controlled substances, alcohol or tobacco products (including vaping products, smokeless or combustible tobacco products, synthetic nicotine products, E-cigarettes, and other ENDS [Electronic Nicotine Delivery Systems])
• • Content that provides information on how to buy illegal or controlled substances
• • Content that depicts or promotes the misuse of legal substances, or instruction on how to make homemade substances, in an effort to become intoxicated

Frauds and scams

We do not permit anyone to exploit our platform to take advantage of the trust of users and bring about financial or personal harm. We remove content that deceives people in order to gain an unlawful financial or personal advantage, including schemes to defraud individuals or steal assets.

Do not post, upload, stream, or share:

• • Content that promotes phishing
• • Content that promotes Ponzi, multi-level marketing, or pyramid schemes
• • Content that promotes investment schemes with promise of high returns, fixed betting, or any other types of scams

Gambling

We do not allow content promoting gambling services, or that could be perceived as advertising for casinos, sports betting, or any other commercial gambling activity.

Do not post, upload, stream, or share:

• • Content that promotes casinos, sports betting, poker, lotteries, gambling-related software and apps, or other gambling services

Privacy, personal data, and personally identifiable information (PII)

We do not allow content that violates the confidentiality of personal data or personally identifiable information (e.g., social security information, phone numbers, physical addresses). We remove content that depicts personal data or personally identifiable information (PII) from the platform.

Do not post, upload, stream, or share:

• • Content that contains personal data or personally identifiable information (PII) 

Violent and graphic content

JTOK is a platform that celebrates creativity but not shock value or violence. We do not allow content that is gratuitously shocking, graphic, sadistic, or gruesome or that promotes, normalizes, or glorifies extreme violence or suffering on our platform. When it is a threat to public safety, we ban the account and, when warranted, we will report it to relevant legal authorities.

Do not post, upload, stream, or share:

• • Content of humans that depicts:
• o violent or graphic deaths or accidents
• o dismembered, mutilated, charred, or burned human remains
• o gore in which an open wound or injury is the core focus
• o real-world physical violence, fighting, or torture
• • Content of animals that depicts: 
• o the slaughter or other non-natural death of animals
• o dismembered, mutilated, charred, or burned animal remains
• o animal cruelty and gore

Copyright and trademark infringement

Copyright is a legal right that protects original works of authorship (e.g., music, videos) and original expression of an idea (e.g., the specific way a video or music is expressed or created), although it does not protect underlying ideas or facts. A trademark is a word, symbol, slogan, or design that identifies and distinguishes the source of a product or service. We encourage everyone to create and share original content. Content that infringes someone else's intellectual property rights is prohibited on our platform and will be removed if we become aware of it. The use of copyrighted work under certain circumstances, such as the fair use doctrine or other applicable laws, or the use of a trademark to reference, lawfully comment, criticize, parody, make a fan page, or review a product or service, may not be considered a violation of our policies.

Do not post, upload, stream, or share:

• • Content that violates or infringes someone else's copyrights, trademarks, or other intellectual property rights
  

Platform security

A top priority for JTOK is the safety and security of our users, creators, business partners, vendors, and employee data, including their personal information, accounts, profiles, content, and other proprietary information, as well as our product and services. We do not allow access to the JTOK platform -- which includes our website, app, network, and associated infrastructure or networks -- through unauthorized methods, or to obtain sensitive confidential commercial or personal information. Any attempt to undermine or abuse the security, integrity or reliability of our platform, products, or services is expressly prohibited.

Do not:

• • Attempt to access the JTOK platform in an unauthorized manner, and do not create fake or misleading versions of the JTOK platform
• • Create or distribute malicious files, content, or messages that contain viruses, Trojan horses, worms, logic bombs, or other materials that may be harmful to the community or platform
• • Use automated scripts, web crawling, software, deceptive techniques, or any other way to attempt to obtain, acquire, or request login credentials or other sensitive information, including non-public data, from JTOK or its users
• • Leverage JTOK accounts under false or fraudulent pretenses to distribute spam, phishing, or smishing content in an attempt to perpetrate cybercrime or gain unauthorized access to others’ content, accounts, systems, or data
• • Modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative products based on JTOK, including any files, tables or documentation, or attempt to regenerate any source code, algorithms, methods, or techniques embodied in JTOK
• • Provide access to your account credentials to others or enable others to conduct activities against our Community Guidelines
• • Click on suspicious links or engage in requests for information about your JTOK account details, passwords, verification qualification, financial, or other personal information

Ineligible for the For You feed

The goal of the For You feed (FYF) is to provide original content that honors our mission of inspiring creativity and bringing joy to our diverse community around the world. Each account holder’s FYF is based on a personalized recommendation system. Our recommendation system is designed with user safety as a primary consideration, meaning that some content may not be eligible for recommendation. While the spontaneity of the FYF is what makes JTOK unique, the FYF is intended for a general audience that includes everyone from our teenage users to great grandparents. We consider the breadth of our audience when we determine what content is eligible for algorithmic promotion on the platform. Provided that it does not violate local laws, the following types of content may be allowed on our platform, searchable, and viewed in Following feeds but not eligible for recommendation.

Minor safety

Minors’ sense of judgment and identity mature as they develop. To provide teens with additional room for identity exploration and expression in digital spaces, content uploaded by users under the age of 16 is not eligible for recommendation. We strive to encourage healthy development across all ages. The promotion of cosmetic surgery to minors may lead to higher rates of body dissatisfaction. Accordingly, such content -- including before-and-after videos, videos of surgical procedures, and messages discussing elective cosmetic surgery without warning of risks -- are ineligible for the FYF of all users under the age of 18.

Dangerous stunts and sports

Certain activities can be risky or dangerous when replicated without safety precautions, which could lead to physical harm. Content that includes dangerous stunts, or extreme sports performed by non-professionals, may be ineligible. (We remove content that depicts dangerous acts and challenges performed by non-professionals, which may lead to serious injury or death for the user or the public).

Overtly sexualized content

We are mindful that not all content may be suitable for all users (particularly our teenage users) and/or may be culturally inappropriate in certain regions. To help maintain a comfortable and age-appropriate experience, content that is overtly sexually suggestive may not be eligible for recommendation. This would include content that depicts implied nudity, sexualizes body parts, or is blatantly erotic or sensual (e.g., strip teases).

Tobacco and alcohol products

JTOK is deeply committed to protecting the safety of minors on our platform. Content promoting, mentioning, or depicting alcohol products consumed by persons of legal drinking age but done so in a dangerous fashion may not be eligible for recommendation. Content depicting the use of tobacco products by adults or mentioning controlled substances is not eligible for recommendation. Please remember that content which suggests, depicts, imitates, or promotes the possession or consumption of alcoholic beverages, tobacco, or drugs by a minor is prohibited. Content that offers instruction targeting minors on how to buy, sell, or trade alcohol, tobacco, or controlled substances is prohibited per our Community Guidelines as well.

Violent and graphic content

Our community celebrates creativity, but shock value isn't everyone's preference. Content that can cause discomfort, shock or disgust to viewers may be ineligible for the FYF, including scary effects, jump scares, makeup that realistically replicates gory wounds, or depictions of bodily functions. Most violent and graphic content is not allowed on JTOK; however, in certain situations we may not remove some types of this content such as depictions of graphic deaths, accidents or fighting when real world events are being documented and it is in the public interest. Since this content isn't appropriate for all audiences, it will not be eligible for recommendation and the content will include an “opt-in” screen or warning.

Spam, inauthentic, or misleading content

We value authenticity and accuracy. We make ineligible for the FYF any content that tricks or manipulates users in order to inauthentically increase followers, likes, views, or other engagement metrics on the platform, including follow-to-follow, like-to-like, and misleading or manipulating users into clicking like or share buttons. Conspiratorial content that counters generally accepted beliefs and casts blame on a group or entity (rather than any living individual) or that includes potentially misleading and harmful content about current, unfolding events where details are still developing, are also ineligible for recommendation.

Unoriginal, low-quality, and QR code content

Original and entertaining content form the core of the JTOK community. To maintain the positive experience our users expect from the JTOK platform, unoriginal and low-quality content is ineligible for recommendation. We consider content not original if it is imported or uploaded from JTOK, other platforms, or other sources including television, movies, or webcasts, and the user has not added new, creative edits. One indicator that the content is not original is a visible watermark or superimposed logo. Low quality content includes extremely short clips, static images, and exclusively-GIF based videos. Content that includes QR codes is usually ineligible for the FYF because it can lead users to harmful websites or apps, though we make exceptions in certain circumstances where that risk is low (e.g., e-commerce).

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Thank you for being a part of our vibrant global community and working with us to maintain a welcoming space for all users. If you come across content or accounts that you believe may violate our Community Guidelines, please let us know  so we can review and take appropriate action.

 

Welcome to JPAWA! 

Introduction 

 Thank you for using the JPAWA platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).  

Our Service 

The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across Kenya and Africa, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center. Amongst other things, you can find out about JPAWA Kids, the JPAWA Partner Program and JPAWA Memberships. You can also read all about enjoying content on other devices like your television, your games console, or even JHELA Home. 

Your Service Provider 

The entity providing the Service is JHELA LTD, a company operating under the laws of Kenya, located at Light Industries, Thika(referred to as “JPAWA”, “we”, “us”, or
“our”). References to JPAWA’s “Affiliates” in these terms means the other companies within the Jungle Holdings group. 

Applicable Terms  

Your use of the Service is subject to these terms, the JPAWA Community Guidelines and the Policy, Safety and Copyright Policies (together, the "Agreement"). Your Agreement with us will also include the Advertising on JPAWA Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your Content. 

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service. 

Who may use the Service? 

Age Requirements 

You may use the Service if you are at least 13 years old; however, children of all ages may use the Service and JPAWA Kids (where available) if enabled by a parent or legal guardian. 

Permission by Parent or Guardian 

If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you. 

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on JPAWA (including how to enable a child under the age of 13 to use the Service and JPAWA Kids) in our Help Center. 

 

Businesses 

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement. 

Your Use of the Service 

Content on the Service 

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, JPAWA or a third party (collectively, "Content”). Content may be provided to the Service and distributed by our users and JPAWA is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with this Agreement, such as by violating the Community Guidelines
or the law, you can report it to us. 

JHELA Accounts and JPAWA Channels 

You can use parts of the Service, such as browsing and searching for Content, without having a JHELA account. However, you do need a JHELA account
to use some features. With a JHELA account, you may be able to like videos, subscribe to channels, create your own JPAWA channel, and more. You can follow
these instructions to create a JHELA account. 

Creating a JPAWA channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists.
Here are some details about how to create your own JPAWA channel. 

 

To protect your JHELA account, keep your password confidential. You should not reuse your JHELA account password on third-party applications. Learn
more about keeping your JHELA account secure, including what to do if you learn of any unauthorised use of your password or JHELA account. 

 

Your Information 

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The JPAWA Kids Privacy Notice provides additional information about our privacy practices that are specific to JPAWA Kids. 

 

We will process any audio or audiovisual content uploaded by you to the Service in accordance with the JPAWA Data Processing Terms, except in cases
where you uploaded such content for personal purposes or household activities. Learn More. 

 

Permissions and Restrictions 

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show JPAWA videos through the embeddable JPAWA player. 

 

The following restrictions apply to your use of the Service. You are not allowed to: 

 

access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from JPAWA and, if applicable, the respective rights holders; or (c) as permitted by applicable law; 

circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content; 

access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with JPAWA’s robots.txt file; (b) with JPAWA’s prior written permission; or (c) as permitted by applicable law; 

collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person or allowed under section 3 above; 

use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam); 

cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics; 

misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; 

run contests on or through the Service that do not comply with JPAWA’s contest policies and guidelines; 

use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on JPAWA policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where JPAWA videos are the only content of value). 

Reservation 

 

Any right not expressly granted to you in this Agreement remains the right of JPAWA or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service). 

 

Develop, Improve and Update the Service 

 

JPAWA is constantly changing and improving the Service. As part of this continual evolution, we may make modifications (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones.We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the JPAWA Studio application), that software may
update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your JHELA Account using JHELA Takeout, subject to applicable law and policies. 

Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

• access or use the Services if you are not fully able and legally competent to agree to these Terms;
• make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
• market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
• use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
• interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
• incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
• use automated scripts to collect information from or otherwise interact with the Services;
• impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
• intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• use or attempt to use another’s account, service or system without authorisation from JPAWA, or create a false identity on the Services;
• use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
• use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
• any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
• material that, in the sole judgment of JPAWA, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose JPAWA, the Services or its users to any harm or liability of any type.

In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

 

Your Content and Conduct 

Uploading Content 

If you have a JPAWA channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.  

Objectionable Content

JTOK will not tolerate content that is objectionable or abusive users. Such contect and profiles that violate these terms and community guidelines shall be permanentl y suspended.

Rights you Grant 

 you retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain
rights to JPAWA and other users of the Service, as described below. 

Licence to JPAWA 

By providing Content to the Service, you grant to JPAWA a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that
Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service. 

Licence to Other Users 

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service,
and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. 

Duration of Licence 

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the
operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require JPAWA to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal
purposes. 

Right to Monetize 

You grant to JPAWA the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting June 1, 2021, any payments you may be entitled to receive from JPAWA under any other agreement between you and JPAWA (including for example payments under the JPAWA Partner Program, Channel memberships or Super Chat) will be treated as royalties. If required by law, JHELA will withhold taxes from such payments. 

Removing Your Content 

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms. 

Removal of Content By JPAWA  

If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to JPAWA, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for JPAWA or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, JPAWA or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center. 

 

Community Guidelines Strikes 

JPAWA operates a system of “strikes” in respect of Content that violates the JPAWA Community Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your channel from JPAWA. A full description of how a strike affects your channel is available on the Community Guidelines Strikes Basics page. If you believe that a strike has been issued in error, you may appeal here. 

If your channel has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and JHELA reserves the right to terminate your JHELA account or your access to all or part of the Service. 

 

Copyright Protection  

 

We provide information to help copyright holders manage their intellectual property online in our JPAWA Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.   

We respond to notices of alleged copyright infringement according to the process in our JPAWA Copyright Center, where you can also find information about how to resolve a copyright strike. JPAWA's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.  

Account Suspension and Termination 

Terminations by You 

You may stop using the Service at any time. You can also delete the Service from your JHELA Account, which involves closing your JPAWA channel and removing your data, with the option to download a copy of your data first.  

 

Terminations and Suspensions by JPAWA 

 

JPAWA reserves the right to suspend or terminate your JHELA account or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates liability or harm to any user, other third party, JPAWA or our Affiliates. 

 

Notice for Termination or Suspension  

We will notify you with the reason for termination or suspension by JPAWA unless we reasonably believe that to do so: (a) would violate the law or the
direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the
Service; or (d) would cause harm to any user, other third party, JPAWA or our Affiliates. 

 

Effect of Account Suspension or Termination 

 

If your JHELA account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal using this form. 

 

About Software in our Service 

Downloadable Software 

 

When the Service requires or includes downloadable software (such as the JPAWA Studio application), unless that software is governed by additional terms which provide a licence, JPAWA gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by JPAWA as part of the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by JPAWA, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or toreverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have JPAWA’s written permission.  

Open Source  

Some software used in our Service may be offered under an open source licence that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses. 

Other Legal Terms 

Warranty 

We provide the Service with reasonable care and skill. 

Disclaimer 

 

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, JPAWA does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service. 

 

Limitation of Liability 

 

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.  

To the extent permitted by applicable law, JPAWA and its Affiliates will not be responsible for: 

losses that were not caused by JPAWA or its Affiliates’ breach of this Agreement; 

any loss or damage that was not, at the time that this Agreement was formed between you and JPAWA, a reasonably foreseeable consequence of JPAWA or its Affiliates breaching this Agreement; or the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user. 

Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply: 

 

JPAWA and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and JPAWA and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that JPAWA has paid to you from your use of the Service in the 12 months before the date of your notice, in writing to JPAWA, of the claim and (b) KES500, whichever is higher. 

Third-Party Links 

 

The Service may contain links to third-party websites and online services that are not owned or controlled by JPAWA. JPAWA has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit. 

About this Agreement 

Changing this Agreement  

We may change this Agreement, for example, to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. 

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service. 

Continuation of this Agreement  

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.  

Severance  

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms. 

 

Assignment 

JPAWA may transfer all or part of this Agreement to an Affiliate or, if JPAWA is sold, to a third party. 

No Waiver 

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).  

Governing Law 

This Agreement, and your relationship with JPAWA under this Agreement, will be governed by Kenyan Law, and legal disputes may be brought in the courts of Kenya.