Terms of Service

1. The Service and artificial intelligence

Qhora includes features that use artificial intelligence and automated systems to assist with design, layout, imagery, text suggestions, and related creative workflows. Outputs are generated probabilistically and may be incomplete, inaccurate, inappropriate for your context, or unsuitable for publication without human review.

2. AI limitations (including but not limited to)

• Mistakes and inaccuracies. AI-generated content may contain errors, omissions, or “hallucinations.” You are responsible for verifying outputs before relying on them for business, legal, marketing, safety‑critical, or public-facing use.
• Similar or identical posters and assets. The Service may produce layouts, compositions, or visual elements that resemble or match those produced for other users, or that overlap with common templates and stock aesthetics. We do not guarantee uniqueness of outputs, and we do not warrant that your designs will not be similar to those of third parties.
• No professional advice. Nothing produced by the Service constitutes legal, financial, medical, or other professional advice.

3. Your content and acceptable use

You retain rights in content you provide, subject to the licence you grant us as needed to operate the Service (e.g. hosting, processing, displaying, and improving features). You must not use the Service to infringe intellectual property rights, distribute malware, harass others, generate unlawful content, or process personal data in breach of applicable law (including Kenya’s data protection framework).

4. Disclaimers

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.

5. Limitation of liability

To the maximum extent permitted by applicable law in Kenya, Qhora and its operators, affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunities, arising from or related to your use of the Service or AI outputs—including but not limited to claims based on mistaken AI content, duplicate or similar designs, or reliance on generated materials.

Where liability cannot be excluded, our total aggregate liability arising out of or relating to these Terms or the Service shall, to the extent permitted by law, be limited to the amounts you paid to us for the Service in the twelve (12) months preceding the claim (or, if none, to a nominal amount as permitted by law).

Nothing in these Terms limits liability that cannot be limited under Kenyan law (including liability for death or personal injury caused by negligence where such limitation is not permitted).

6. Data protection — Kenyan ecosystem

We process personal data in line with the Data Protection Act, 2019 of Kenya (“DPA”) and related regulations and guidance issued by the Office of the Data Protection Commissioner (ODPC). This section summarises key points; it does not replace the DPA or any registration, filing, or contractual obligations that may apply to you as a data controller or processor in your own right.

• Lawful basis. We process personal data where we have a lawful basis under the DPA, such as performance of a contract with you, compliance with legal obligations, your consent where required, or legitimate interests balanced against your rights.
• Categories of data. Depending on how you use the Service, we may process identifiers (e.g. name, email), account and usage data, payment-related information where applicable, content you upload or generate, technical logs, and communications with support.
• Purpose limitation. We use personal data to provide and secure the Service, authenticate users, process transactions, improve functionality (including AI features), comply with law, and respond to lawful requests.
• Data subject rights. Subject to the DPA, you may have rights to request access, rectification, erasure, restriction of processing, objection, and data portability, and to withdraw consent where processing is consent-based. You may also lodge a complaint with the ODPC.
• Cross-border transfers. Where personal data is transferred outside Kenya, we take steps required under the DPA and applicable guidance (such as appropriate safeguards or adequacy determinations, where relevant).
• Security and retention. We implement appropriate technical and organisational measures. We retain data only as long as needed for the purposes described or as required by law.

If you upload or process personal data of others (for example customers’ names or photos), you are responsible for obtaining any necessary consents or other lawful bases and for complying with the DPA as a controller or processor, including any registration with the ODPC where applicable.

7. Third-party services

The Service may integrate or link to third-party services (e.g. authentication, hosting, or payment providers). Their terms and privacy notices apply to those services. We are not responsible for third-party acts or omissions.

8. Changes

We may update these Terms from time to time. We will post the revised Terms on this page and may notify you by reasonable means (e.g. in-app notice or email). Continued use after the effective date of changes constitutes acceptance where permitted by law.

9. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law rules. Courts in Kenya shall have non-exclusive jurisdiction, subject to any mandatory provisions applicable to you as a consumer.

10. Contact

For questions about these Terms or data protection requests, contact us using the contact details published on the Service or your account channel. For complaints about personal data processing, you may also contact the ODPC in accordance with its published procedures.