TERMS OF SERVICE

DOC_ID: KFL-TOS-V2.4 // AGREEMENT

01. THE AGREEMENT

These Terms of Service ("Terms") govern your access to and use of Kingfisher AG's hardware units, GenesisOS software, agricultural services, and any associated content (collectively, the "Services"). By initializing, accessing, or using any Kingfisher system, you enter into a binding agreement with Kingfisher AG, a company registered in Kenya. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity.

02. ELIGIBILITY & ACCOUNT REGISTRATION

To use our Services, you must be at least 18 years old and have the legal capacity to enter into a contract. Access to GenesisOS requires account registration. You agree to provide accurate information and are solely responsible for safeguarding your account credentials and for all activities conducted under your account.

03. HARDWARE & WARRANTY

Our hardware units are engineered for resilience. We provide a 12-month limited warranty from the date of delivery, covering defects in materials and workmanship under normal use. This warranty is voided by:

Unauthorized modification, disassembly, or repair of the chassis, electronics, or sensor array.
Use of the hardware outside of specified environmental operating ranges (documented in the User Manual).
Failure to implement mandatory firmware or software updates communicated by Kingfisher AG.
Damage caused by accident, abuse, neglect, or improper maintenance.

Warranty claims must be initiated within the warranty period by contacting support@kingfisherag.com. Our sole obligation is, at our discretion, to repair or replace the defective hardware.

04. GENESIS OS & SOFTWARE LICENSE

The software embedded in your hardware (GenesisOS) and associated applications are licensed, not sold. Kingfisher AG retains all intellectual property rights. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the software solely in conjunction with the authorized Kingfisher hardware for its intended purpose. You may not reverse engineer, decompile, or create derivative works of the software.

05. PAYMENTS & SUBSCRIPTIONS

Fees for hardware purchases and GenesisOS subscriptions are as specified at the point of sale. You authorize Kingfisher AG to charge all applicable fees to your designated payment method. Subscriptions renew automatically until cancelled by you via your account dashboard. Fees are non-refundable unless otherwise required by law. We reserve the right to change subscription fees with 30 days' prior notice.

06. CONNECTIVITY & OTA UPDATES

Kingfisher hardware requires intermittent internet connectivity for full functionality and data syncing. You agree that Kingfisher AG may automatically deploy Over-The-Air (OTA) updates to your devices to patch security vulnerabilities, enhance performance, or add features. Critical updates affecting safety or security may be deployed without prior notice.

07. USER CONDUCT & PROHIBITED USES

You agree not to use the Services to:

Violate any applicable local, national, or international law or regulation.
Infringe upon the intellectual property or other rights of any third party.
Transmit any material that is malicious, fraudulent, or unlawful.
Interfere with or disrupt the integrity or performance of the Services.

08. TERMINATION

We may suspend or terminate your access to the Services immediately, without prior notice, for any breach of these Terms. Upon termination, your license to use GenesisOS is revoked, and you must cease all use of the software. Sections pertaining to Limitation of Liability, Intellectual Property, and Dispute Resolution shall survive termination.

09. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINGFISHER AG AND ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR CROP YIELD, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM IS STRICTLY LIMITED TO THE AMOUNT YOU PAID FOR THE HARDWARE UNIT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kingfisher AG and its affiliates from and against any and all claims, damages, losses, liabilities, and expenses arising out of your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

11. GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya. The parties agree to attempt to resolve any dispute amicably for a period of 30 days before initiating formal proceedings.

12. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

13. CONTACT INFORMATION

For any questions regarding these Terms of Service, please contact us at:

Kingfisher AG
Email: legal@kingfisherag.com
Address: Nairobi, Kenya

PRIVACY POLICY

DOC_ID: KFL-PRV-V1.0 // DATA SECURITY

01. SCOPE & CONSENT

This Privacy Policy describes how Kingfisher AG ("we," "us," or "our") collects, uses, shares, and protects your personal information when you interact with our hardware, software, website, and services (the "Services"). By using our Services, you consent to the data practices described in this policy.

02. DATA COLLECTION ARCHITECTURE

We collect information to provide, improve, and secure our Services. This data is categorized into three primary streams:

IDENTITY & ACCOUNT DATA

Full name, email address, physical farm/business location, contact details, and billing information necessary for account creation, service delivery, and communication.

OPERATIONAL TELEMETRY DATA

Machine performance metrics, system health (e.g., pump cycles, sensor readings), error logs, battery status, network connectivity data, and hardware usage patterns critical for predictive maintenance and support.

AGRONOMIC & PRODUCTION DATA

Water quality parameters (pH, temperature, dissolved oxygen), fish growth metrics, plant health indicators, feed consumption, yield quantities, and harvest dates. This is the core data of your operation.

We also automatically collect certain information via cookies and similar technologies when you visit our website, as detailed in our Cookie Protocol.

03. HOW WE USE YOUR INFORMATION

We use the collected data for the following purposes:

To deliver, operate, maintain, and improve the functionality and security of the Services.
To process transactions and manage your subscriptions.
To provide customer support, technical alerts, and administrative messages.
To personalize your experience and develop new features.
To train and refine our AI models (using only anonymized and aggregated data, as per Section 04).
To comply with legal obligations and protect our legal rights.

04. MACHINE LEARNING & DATA USAGE

You retain ownership of your Agronomic & Production Data. By using our Services, you grant Kingfisher AG a worldwide, royalty-free, perpetual license to use anonymized and aggregated data derived from all users. This data, stripped of any personally identifiable information, is used to train our proprietary Machine Learning models within GenesisOS, improving system intelligence, predictive analytics, and performance for the entire user community. This collective learning is a fundamental component of our service.

05. DATA SHARING & DISCLOSURE

We do not and will not sell your personal data. We may share your information in the following limited circumstances:

With Service Providers: Trusted third parties who perform services on our behalf (e.g., cloud hosting, payment processing, analytics), under strict contractual obligations of confidentiality.
For Legal Compliance: If required to do so by law or in response to valid requests by public authorities.
To Protect Rights: To investigate potential violations of our Terms, or to protect the safety, rights, and property of Kingfisher AG, our users, or the public.
Business Transfers: In connection with a merger, acquisition, or sale of all or a portion of our assets, with notice to you.

06. DATA STORAGE, SECURITY & SOVEREIGNTY

We implement robust technical and organizational measures to protect your data. Data is encrypted at rest using AES-256 standards and in transit via TLS 1.3. While primary processing occurs locally on the hardware (edge computing), synced data is stored in secure cloud infrastructure. We strive to comply with applicable data protection laws, including Kenya's Data Protection Act, 2019. Data is primarily processed and stored within East Africa, with backups possibly held in other jurisdictions with adequate protection.

07. DATA RETENTION

We retain your personal data only for as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law. Aggregated and anonymized data may be retained indefinitely to improve our services. You may request deletion of your account data by contacting us.

08. YOUR RIGHTS & CHOICES

Depending on your jurisdiction, you may have the right to:

Access and Portability: Request a copy of the personal data we hold about you.
Correction: Request correction of inaccurate or incomplete data.
Deletion: Request deletion of your personal data, subject to certain legal exceptions.
Objection & Restriction: Object to our processing of your data or request we restrict its use.
Withdraw Consent: Withdraw your consent at any time, where processing is based on consent.

To exercise these rights, please contact us at privacy@kingfisherag.com. We will respond to your request in accordance with applicable law.

09. CHILDREN'S PRIVACY

Our Services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that a child has provided us with personal information, we will take steps to delete such information.

10. CHANGES TO THIS POLICY

We may update this Privacy Policy periodically. The "Last Updated" date at the top will reflect changes. We will notify you of any material changes via email or a prominent notice on our Services prior to the change becoming effective. Your continued use after the effective date constitutes acceptance of the updated policy.

11. CONTACT US

If you have any questions or concerns about this Privacy Policy or our data practices, please contact our Data Protection Officer at:

Kingfisher AG
Attn: Data Protection Officer
Email: privacy@kingfisherag.com
Address: Nairobi, Kenya

COOKIE PROTOCOL

DOC_ID: KFL-CKI-V1.2 // TRACKING

01. WHAT ARE COOKIES?

Cookies are small text files that are placed on your device (computer, tablet, or mobile) when you visit our website. They are widely used to make websites work more efficiently, provide reporting information, and enhance user experience by remembering your preferences.

02. DEPLOYMENT & OUR USE OF COOKIES

We utilize cookies and similar tracking technologies strictly for the following purposes:

Essential/Strictly Necessary: To enable core functionality such as user authentication, security, and load balancing. The website cannot function properly without these cookies.
Performance/Analytical: To collect anonymous data on how visitors use our site (e.g., pages visited, error messages). This information helps us improve website performance and user experience.
Functional/Preference: To remember your settings and preferences (like language or region) for a more personalized return visit.

We do not use cookies for targeted advertising, nor do we sell tracking data to third-party ad networks.

03. THIRD-PARTY INTEGRATIONS

Our website employs services from reputable third-party providers who may also set cookies. We have limited their use to what is necessary for the service they provide:

Stripe: For secure payment processing. Uses cookies for fraud prevention and transaction security.
Google Analytics: For anonymized analysis of website traffic and user behavior. Data is aggregated and does not identify individual users.
Hotjar: For understanding user interaction via heatmaps and session recordings to optimize our website's design and usability. Data is anonymized.

These third parties have their own privacy policies. We encourage you to review them.

04. MANAGING YOUR COOKIE PREFERENCES

You have control over the use of cookies. Most web browsers allow you to manage your cookie preferences through their settings. You can set your browser to refuse all cookies, to accept cookies only from our website, or to delete cookies when you close your browser.

Please note that disabling Essential Cookies may prevent you from using key features of our website, such as logging into your account or making a purchase.

For more comprehensive information on managing cookies, please visit www.allaboutcookies.org.

05. CHANGES TO THIS COOKIE PROTOCOL

We may update this Cookie Protocol to reflect changes in technology, regulation, or our services. The updated version will be posted on this page with a revised effective date. We recommend reviewing this page periodically.

06. CONTACT

For any questions regarding our use of cookies, please contact us at privacy@kingfisherag.com.