Terms and Conditions

Welcome to the Africa Climate and Energy Nexus (AfCEN) Platform (the "Platform"), operated by Africa Climate and Energy Nexus, a company organized and existing under the laws of the Republic of Kenya, with its registered address at 56 Kyuna Road, Westlands, Nairobi, Kenya (referred to as "AfCEN," "we," "us," or "our").

These Terms and Conditions ("Terms") govern your access to and use of the Platform, including any content, functionality, and services offered on or through https://africacen.org/ (the "Site").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform. These Terms form a legally binding agreement between you and AfCEN, in alignment with the Kenyan Data Protection Act 2019 (KDPA) and global standards such as the General Data Protection Regulation (GDPR) of the European Union.

Eligibility

• You must be at least 18 years old and legally capable of entering into contracts to use the Platform.
• By using the Platform, you represent that you meet these requirements.
• The Platform is intended for users in Africa and globally, but availability may vary by jurisdiction.
• We reserve the right to refuse access to anyone for any reason, without discrimination based on race, gender, ethnicity, economic status, or other protected characteristics, in line with principles of equity and climate justice as emphasized in the African Leaders Addis Ababa Declaration on Climate Change and Call to Action.

Description of Services

The Platform connects climate and energy projects, hyperlocal data, and capital to accelerate innovation and impact in Africa's climate and energy sectors. Key services include:

• Data Aggregation and Verification: Uploading, verifying, and analyzing climate-energy data from sensors, datasets, and community sources using artificial intelligence (AI) and expert review.
• Project-Investor Matching: Onboarding projects for developers and matching them with investors via equity, debt, tokenized financing, or Decentralized Autonomous Organization (DAO)-managed grants.
• Funding and Impact Tracking: Real-time dashboards for monitoring carbon reductions, energy access, and community benefits.
• Tokenized Investments and Governance: Fractional ownership, liquidity options, and transparent Decentralized Autonomous Organization (DAO) decision-making.

All services are provided "as is" and subject to change. Access to certain features (e.g., project onboarding, investments) requires a user account and may involve third-party integrations (e.g., blockchain for audits). Services are delivered in compliance with the Kenyan Data Protection Act 2019 (KDPA) and the General Data Protection Regulation (GDPR).

User Accounts and Security

• To access full features, you must create an account by providing accurate information (e.g., name, email, phone number, role as Investor, Project Developer, or Data Contributor).
• You are responsible for maintaining the confidentiality of your login credentials and all activities under your account.
• Notify us immediately of any unauthorized use at admin@africacen.org.
• We reserve the right to suspend or terminate accounts for violations.
• Upon account closure, we will delete your personal data in accordance with our Privacy Policy, subject to legal retention requirements under the Kenyan Data Protection Act 2019 (KDPA).
• As a Data Contributor, you may earn rewards for verified uploads, subject to our discretion and applicable terms.

User Obligations and Conduct

You agree to:

• Use the Platform only for lawful purposes and in compliance with these Terms.
• Provide accurate, complete, and up-to-date information.
• Respect intellectual property rights and not reverse-engineer, scrape, or disrupt the Platform.
• Comply with Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements for investment-related activities.

Prohibited conduct includes:

• Uploading harmful, illegal, or infringing content.
• Harassing users or engaging in fraudulent activities.
• Interfering with Platform operations or security.

We may monitor usage to ensure compliance and cooperate with authorities if needed. The Platform commits to accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1, to ensure equitable access for all users.

Intellectual Property

The Platform and its content (e.g., data, analytics, dashboards) are owned by AfCEN or its licensors and protected by copyright, trademark, and other laws.

You are granted a limited, non-exclusive, revocable license to access and use the Platform for personal or internal business purposes.

User-generated content (e.g., uploaded project data) grants AfCEN a perpetual, royalty-free license to use, modify, and distribute it for Platform purposes.

You retain ownership but represent that your content does not infringe third-party rights.

In the event of intellectual property disputes, we will facilitate resolution through mediation before escalation.

Investments and Financial Services

Investment features (e.g., tokenized funding) are facilitated through third-party providers and are not financial advice.

All investments carry risks, including loss of capital.

You must conduct your own due diligence and comply with applicable securities laws.

AfCEN is not a registered broker-dealer and does not guarantee project outcomes or returns.

For terms specific to third-party providers, refer to their respective agreements linked on the Platform.

Payment Terms

Fees for premium services (e.g., advanced matching or tokenized investments) are specified per service tier and payable via approved methods.

Refunds are available if services are undelivered within 30 days, subject to our discretion.

Disputes over payments must be notified in writing within 14 days at admin@africacen.org.

Disclaimers and Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

To the fullest extent permitted by law, AfCEN shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, even if advised of the possibility.

Our total liability shall not exceed USD 100 or the amount you paid us in the past 12 months, whichever is greater.

We do not endorse or verify third-party content, projects, or data. Use at your own risk.

Neither party shall be liable for delays or failures due to force majeure events, including acts of God, war, government actions, or climate-related disruptions beyond reasonable control.

Indemnification

You agree to indemnify and hold AfCEN, its affiliates, and representatives harmless from claims arising from your use of the Platform, violation of these Terms, or infringement of third-party rights.

Termination

AfCEN reserves the right to suspend or terminate your access at any time, with 30 days' notice for non-violations or immediately for breaches.

Upon termination, your right to use the Platform ends, and you must delete any cached content.

Provisions that survive termination include intellectual property rights, disclaimers, and liability limits.

You may stop using the Platform at any time.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict of laws principles.

Any disputes shall be resolved first through informal mediation, conducted by a mutually agreed mediator within 30 days of a written notice of dispute. If mediation fails to resolve the dispute within this period, the dispute shall proceed to arbitration under the Arbitration Act, 1995 (as amended) of Kenya, administered by the Nairobi Centre for International Arbitration (NCIA) in accordance with its Arbitration Rules.

The seat of arbitration shall be Nairobi, Kenya, and the arbitration shall be conducted by a single arbitrator appointed in accordance with the NCIA Rules. The language of the arbitration shall be English.

The award of the arbitrator shall be final and binding on the parties, and judgment upon the award may be entered in any court of competent jurisdiction, including the High Court of Kenya in Nairobi.

We encourage informal resolution first: contact us at legal@africacen.org.

Changes to Terms

We may update these Terms at any time, with notice provided via email or the Site.

Continued use constitutes acceptance.

Check this page periodically for changes.

Miscellaneous

• These Terms constitute the entire agreement.
• No waiver of any breach.
• If any provision is invalid, the remainder remains enforceable.
• We may assign these Terms; you may not without our consent.
• Affiliates of AfCEN may access services under these Terms.