Terms and Conditions

By Us: We reserve the right to suspend or terminate your account and access to our services at any time, with or without prior notice, if we determine, in our sole discretion, that you have violated these Terms, engaged in harmful or unlawful activities, or if continued access would pose a security risk or legal liability to us or other users.

By You: You may terminate your account at any time by contacting our support team at support@xfixglobal.com or through the account settings page. Termination requests are processed within 5 business days.

Effect of Termination: Upon termination: (a) all licenses granted to you under these Terms immediately cease; (b) you must immediately cease all use of the Nesthub platform; (c) we may delete or retain your data in accordance with our Data Retention Policy (standard: 30-day data retention period after termination for paid accounts; 7 days for free accounts); (d) no refunds or credits will be provided for unused prepaid fees, except where required by law; (e) any outstanding payment obligations survive termination.

Data Export: Upon termination, you may request a one-time export of your data in machine-readable format (JSON or CSV) at no additional charge, provided the request is made within the data retention period. Enterprise customers may negotiate extended data retention and assisted migration as part of their contract.

Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW, NESTHUB AND XFIX GLOBAL LIMITED PROVIDE THE PLATFORM AND SERVICES "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XFIX GLOBAL LIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND HOSTING PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF NESTHUB.

Liability Cap: Our total aggregate liability to you for any and all claims arising from these Terms or your use of Nesthub shall not exceed the greater of: (a) the total amount you paid us in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred US dollars ($100.00 USD). Some jurisdictions do not allow limitations on implied warranties or liability caps, so these limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Xfix Global Limited, Nesthub, and their respective officers, directors, employees, agents, affiliates, successors, assigns, and hosting partners (including TrueHost and Cloudoon Networks) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees, expert witness fees, and court costs) arising from or related to:

• (a) your use of the Nesthub platform or services;
• (b) your violation of these Terms or any applicable laws or regulations;
• (c) your violation of any third-party rights, including intellectual property rights, privacy rights, or contract rights;
• (d) your Content or data, including any claim that your Content infringes or misappropriates third-party rights;
• (e) any dispute between you and your tenants, property owners, vendors, or other third parties arising from your use of Nesthub;
• (f) any activity conducted through your account, whether authorized by you or not;
• (g) your failure to comply with landlord-tenant laws, fair housing laws, or other applicable regulations.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any claim without our prior written consent.

Governing Law: These Terms and Conditions, and any dispute arising from or relating to these Terms or your use of Nesthub, shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Dispute Resolution – Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved through binding arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya (Cap. 49) and the rules of the Nairobi Centre for International Arbitration (NCIA). The arbitration shall be conducted in English by a single arbitrator mutually agreed upon by the parties, or if no agreement, appointed by the NCIA.

Exceptions to Arbitration: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or misuse of its confidential information or services.

Costs and Fees: Each party shall bear its own costs and expenses. The prevailing party in any arbitration or legal proceeding shall be entitled to recover its reasonable attorneys' fees and costs, including expert witness fees. You agree to waive any right to participate in a class action, class arbitration, or representative action.

We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion. Material changes to these Terms will be notified to users as follows:

• Email Notification: Sent to the primary email address associated with your account at least 30 days before the effective date of material changes.
• Platform Notification: In-app banner or modal notification displayed upon login for users who have not yet acknowledged the changes.
• Website Update: The "Last Updated" date at the top of this page will be revised, and the most current version will always be available at the Terms URL.

Your continued use of the Nesthub platform after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue using Nesthub and terminate your account before the effective date of the changes.

Non-material changes (such as clarifications, typographical corrections, or non-substantive updates) may be made without advance notice and become effective immediately upon posting.

• Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, and any other policies incorporated by reference, constitute the entire agreement between you and Xfix Global Limited regarding Nesthub, superseding all prior or contemporaneous communications, proposals, and agreements.
• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it valid and enforceable.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision, nor of any other right or provision, unless expressly agreed in writing signed by an authorized representative of Xfix Global Limited.
• Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, pandemics, epidemics, government actions, labor disputes, internet service provider failures, cyberattacks, power outages, or third-party hosting failures.
• Assignment: You may not assign, transfer, or sublicense these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may freely assign these Terms without restriction to any affiliate, successor, or acquirer of all or substantially all of our assets or business.
• Third-Party Beneficiaries: Our hosting partners, data center providers, payment processors, and other subcontractors are third-party beneficiaries of these Terms with respect to the limitations of liability and indemnification provisions.
• Notices: All legal notices to Xfix Global Limited must be sent by certified mail or recognized international courier to: Xfix Global Limited, Attn: Legal Department, Nairobi, Kenya, with a copy via email to legal@xfixglobal.com. Notices to you will be sent to the email address associated with your account.
• Survival: Sections relating to intellectual property, indemnification, limitation of liability, governing law, and dispute resolution shall survive any termination or expiration of these Terms.

Language: The official language of these Terms is English. Any translation is provided for convenience only, and the English version shall control in the event of any conflict.