Terms of Service

1. Introduction and Acceptance

Welcome to Kilbeans. These Terms of Service ("Terms") govern your access to and use of our Services, including our mobile applications and website (collectively, "Kilbeans" or the "Services"). Kilbeans is provided to you by Kilbeans (collectively, "we," "us," or "our").

1.1 A Binding Contract

By clicking "Sign Up," "Create Account," or otherwise using the Services, you enter into a legally binding contract with us. If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

1.2 Privacy Policy Incorporation

Your use of the Services is also subject to our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy explains how we collect, use, and share your information.

1.3 Changes to the Terms

We may revise these Terms from time to time. The most current version will always be available at kilbeans.com/terms. If a revision, in our sole discretion, is material, we will notify you via an in-app alert or email. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

2. Eligibility and Account Security

To use our Services, you must represent and warrant that you meet the following requirements.

2.1 Age Requirement

You must be at least 13 years old to create an account or use Kilbeans. If you are under the age of 13, you are not permitted to access or use the Services. If we discover that an account has been created by a person under 13, we will terminate the account and purge all associated data as described in our Privacy Policy.

2.2 Your Account

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

2.3 Accuracy of Information

To provide you with the best experience and maintain the integrity of our chronological feeds, you agree to provide us with accurate, complete, and updated registration information. You may not use a name or handle that you do not have the right to use, or another person's name with the intent to impersonate that person.

2.4 Security Breaches

You must immediately notify Kilbeans at [email protected] if you suspect any unauthorized use of your account or any other breach of security. Kilbeans utilizes the Honeypot security logic to detect unauthorized automated access; however, manual account protection remains your sole responsibility.

2.5 Account Deactivation and Inactivity

You may deactivate or delete your account at any time through the in-app settings or our web-based portal. Kilbeans reserves the right to deactivate or terminate accounts that have been inactive for an extended period (typically 6 months or more) to preserve system resources and handles. We will attempt to notify you via your registered email before taking such action.

3. Content on the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations.

3.1 Your Rights and Ownership

You retain your rights to any Content you submit, post, or display on or through the Services. What’s yours is yours — you own your Content (including your Reels, photos, and text posts).

3.2 License to Kilbeans

By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods. This license allows us to make your Content available to the rest of the world and to let others do the same.

3.3 Reels and Media Processing

Specifically regarding Reels and other multimedia, you grant Kilbeans the license to transcode, store (via partners like Cloudinary), and deliver your content across our global infrastructure. This processing is necessary to optimize video quality and playback performance for various devices and network conditions.

3.4 Content Removal and Community Standards

We reserve the right to remove Content that violates these Terms or our Community Guidelines, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment. While Kilbeans prioritizes a chronological, un-algorithmized feed, we will take action against Content that threatens the safety of our users or the integrity of the platform.

4. Using the Services & Prohibited Conduct

Kilbeans is a platform for authentic human connection. You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of others.

4.1 Prohibited Conduct

You may not use the Services to promote violence, incite hatred, harass other individuals, or distribute illegal content. Any attempt to exploit or harm minors is strictly prohibited and will result in immediate terminal account removal and reporting to relevant authorities.

4.2 Bot Activity and The Honeypot Trap

Kilbeans is for humans. You may not access, search, or create accounts on Kilbeans by any means other than our publicly supported interfaces (the mobile app and website). The use of automated scripts, bots, spiders, or scrapers is strictly prohibited. To protect our ecosystem, we utilize Honeypot security logic to detect and restrict automated access. Triggering these security mechanisms through non-human interaction may result in immediate and permanent device-level blocks.

4.3 Spam and Platform Manipulation

You may not use the Services to distribute "spam" (unsolicited commercial communications) or engage in platform manipulation. This includes mass-following, deceptive engagement spikes, or the repetitive posting of identical content across Sectors or Feeds.

4.4 Security and Integrity

You may not attempt to circumvent any service-limiting or security features of Kilbeans. This includes attempting to access unauthorized areas of our infrastructure or reverse-engineering our proprietary backend systems.

5. Enforcement and Termination

Kilbeans reserves the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these Terms or our community standards.

5.1 Our Right to Enforce

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable.

5.2 Bot Detection and Automated Termination

If your account triggers the Honeypot security logic, we may immediately suspend your access without prior notice. As Kilbeans is a human-centric platform, any behavior deemed to be non-human or malicious automation constitutes a material breach of these Terms and will result in permanent device-level restrictions.

5.3 Effect of Termination

Upon termination of your account, your right to use the Services will immediately cease. While your profile identity will be deactivated, certain content (such as messages sent to others or posts within Sectors) may remain visible to the recipients. We will execute a terminal purge of your identifiable data within 30 days as described in our Privacy Policy. Handles associated with terminated accounts may be recycled at our discretion.

5.4 Appeals and Inquiries

If you believe your account was suspended or terminated in error, you may submit an appeal to [email protected]. We will review your request in accordance with our safety protocols; however, we are not obligated to reinstate your access if a breach of these Terms is confirmed.

5.5 Restricted Visibility and Temporary Limitations

To maintain a high-quality environment, we may temporarily restrict the reach or visibility of your account or specific Content without prior notice. This "Restricted Visibility" may be applied if our systems detect behavior that suggests minor policy infractions or suspected non-human interaction that does not yet warrant a full suspension. During this period, your Content may be excluded from public search results or global discovery feeds while remaining accessible on your direct profile link.

6. Intellectual Property and Copyright (DMCA)

Kilbeans respects the intellectual property of others and expects users to do the same.

6.1 Our Proprietary Rights

Except for your Content, Kilbeans and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Kilbeans Property"), and all Intellectual Property Rights related thereto, are the exclusive property of Kilbeans and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Kilbeans Property.

6.2 DMCA Takedown Procedure

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Services, please notify our designated copyright agent. For your complaint to be valid under the Digital Millennium Copyright Act (DMCA), you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Service (including specific URLs);
• Information reasonably sufficient to permit Kilbeans to contact you, such as your address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

6.3 Counter-Notification

If you believe that Content you posted was removed by mistake or misidentification, you may send a counter-notification to our designated agent containing:

• Your physical or electronic signature;
• Identification of the material that has been removed and the location where it appeared before it was removed;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the courts of the jurisdiction in which Kilbeans operates.

6.4 Designated Agent

Notifications of claimed copyright infringement and counter-notifications should be sent to our legal team:

Email: [email protected]

Please note that if you knowingly misrepresent that online material is infringing, you may be subject to severe civil penalties.

7. Disclaimers and Warranties

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis.

7.1 "As-Is" Service Provision

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE KILBEANS ENTITIES (KILBEANS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.2 Accuracy and Reliability

Kilbeans makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your device, loss of data, or other harm that results from your access to or use of the Services or any Content; and (iii) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

7.3 Content and Third-Party Interactions

Kilbeans does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate. All Content is the sole responsibility of the person who originated such Content.

7.4 Local-First Architecture

While Kilbeans utilizes a local-first architecture to enhance your digital sovereignty, we do not warrant that data stored locally on your device will be recoverable in the event of hardware failure, theft, or unauthorized access to your physical device. Maintaining device security and data backups remains your responsibility.

7.5 Availability of Sectors

Kilbeans provides the technical infrastructure for Sectors, which are user-created and user-moderated community environments. We do not guarantee the continued availability, moderation standards, or content integrity of any specific Sector. Kilbeans reserves the right to remove, merge, or reassign ownership of any Sector at our sole discretion, without liability to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KILBEANS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
• (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
• (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR
• (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

8.1 Aggregate Liability Cap

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE KILBEANS ENTITIES EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID KILBEANS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

8.2 Scope of Limitations

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE KILBEANS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8.3 Data Loss During Deletion Process

YOU EXPRESSLY ACKNOWLEDGE THAT UPON INITIATING AN ACCOUNT DELETION REQUEST, YOUR CONTENT ENTERING THE 30-DAY GRACE PERIOD MAY BECOME IMMEDIATELY INACCESSIBLE. KILBEANS SHALL HAVE NO LIABILITY FOR THE LOSS OF DATA, MEDIA, OR COMMUNICATIONS DURING THIS TRANSITIONAL PERIOD OR FOLLOWING THE TERMINAL PURGE DESCRIBED IN THE PRIVACY POLICY. IT IS YOUR SOLE RESPONSIBILITY TO EXPORT ANY CONTENT YOU WISH TO PRESERVE PRIOR TO REQUESTING DELETION.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Kilbeans Entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• (i) Your use of and access to the Services, including any data or Content transmitted or received by you;
• (ii) Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
• (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
• (iv) Your violation of any applicable law, rule, or regulation; or
• (v) Any Content that is submitted via your account including third party access with your unique handle or password.

9.1 Right to Control Defense

Kilbeans reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Kilbeans in asserting any available defenses. You agree not to settle any matter without the prior written consent of Kilbeans.

10. Governing Law and Dispute Resolution

We want you to enjoy Kilbeans without legal issues. However, if a dispute arises, this chapter defines how it will be handled.

10.1 Governing Law

These Terms and any action related thereto will be governed by and interpreted in accordance with the laws of the Republic of Kenya, without regard to or application of its conflict of law provisions or your state or country of residence.

10.2 Jurisdiction

All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the courts located in Nairobi, Kenya. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

11. General Provisions and Updates

These Terms, along with the Kilbeans Privacy Policy, constitute the entire and exclusive agreement between Kilbeans and you regarding the Services, superseding any prior agreements or understandings.

11.1 Waiver and Severability

The failure of Kilbeans to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

11.2 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Kilbeans may freely assign or transfer these Terms, including its rights and obligations herein, without restriction (for example, in the event of a merger, acquisition, or sale of assets).

11.3 Interpretation

The section headings in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.

11.4 Survival

All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions (Chapter 3), warranty disclaimers (Chapter 7), limitations of liability (Chapter 8), and indemnification (Chapter 9).

11.5 Contact and Notices

By using the Services, you consent to receive communications from us electronically. We will provide notices to you by posting them on the Services or by emailing the address associated with your account. For legal notices to Kilbeans, please contact us at:

Email: [email protected]