Terms of Service
Last Updated: June 25, 20251. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of Kingfisher AG's ("we," "our," or "us") websites, products, and services (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use our Services.
2. Eligibility and Registration
To use our Services, you must:
- Be at least 18 years old or have parental/guardian consent
- Provide accurate registration information
- Maintain the security of your account credentials
- Be responsible for all activities under your account
3. Intellectual Property Rights
All content, including but not limited to:
- Kingfisher AG trademarks and logos
- GenesisOS software and documentation
- Product designs and specifications
- Website content and architecture
are owned by or licensed to Kingfisher AG and protected by intellectual property laws. No content may be copied, modified, or used without express written permission.
4. Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. Prohibited activities include:
- Reverse engineering or modifying our products/software
- Using our agricultural machinery for illegal purposes
- Violating any applicable local, national, or international laws
- Transmitting harmful or malicious code
5. Product Warranty & Disclaimers
Our products come with a standard 12-month limited warranty covering manufacturing defects. This warranty does not cover:
- Damage from misuse, abuse, or improper maintenance
- Normal wear and tear
- Unauthorized modifications or repairs
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
6. Limitation of Liability
IN NO EVENT SHALL KINGFISHER AG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES.
Our total liability for any claims shall not exceed the purchase price of the product or service in question.
7. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes shall be resolved through binding arbitration in Nairobi, Kenya.
8. Changes to Terms
We may modify these Terms at any time. We will notify users of material changes through our website or email. Your continued use after changes constitutes acceptance.
Contact Information
For questions about these Terms, please contact:
Kingfisher AG Legal Departmentlegal@kingfisherag.com
Privacy Policy
Last Updated: June 25, 20251. Data Controller Information
Kingfisher AG ("we", "us", or "our") is the data controller for your personal data collected through our services. Our registered office is:
Kingfisher AGNairobi, Kenya
2. Information We Collect
We collect several types of information to provide and improve our services:
Personal Identification Information
- Name and contact details (email, phone, address)
- Business information (farm size, location)
- Payment and transaction details
- Account credentials
Technical and Usage Data
- IP address and device information
- Browser type and version
- Pages visited and time spent
- Product usage statistics (for GenesisOS)
Agricultural Operation Data
- Equipment performance metrics
- Crop yield information
- Maintenance records
3. How We Use Your Data
We process your personal data for the following purposes:
| Purpose | Legal Basis |
|---|---|
| Providing and maintaining our services | Contractual necessity |
| Processing transactions and deliveries | Contractual necessity |
| Improving our products and services | Legitimate interest |
| Customer support and communication | Contractual necessity/Legitimate interest |
| Compliance with legal obligations | Legal obligation |
4. Data Sharing and Transfers
We may share your data with:
- Service Providers: Payment processors, cloud hosting, logistics partners
- Business Partners: Authorized dealers and maintenance providers
- Legal Authorities: When required by law or to protect our rights
5. Data Retention
We retain personal data only as long as necessary:
- Account data: 5 years after last activity
- Transaction records: 7 years for tax compliance
- Technical logs: 12 months
Aggregated agricultural data may be retained indefinitely for research and development purposes.
6. Your Rights
Under applicable data protection laws, you have rights including:
Access
Request copies of your personal data
Rectification
Request correction of inaccurate data
Erasure
Request deletion under certain conditions
Objection
Object to certain processing activities
To exercise these rights, please contact our Data Protection Officer:
legal@kingfisherag.com7. Security Measures
We implement robust security measures including:
- Encryption of sensitive data in transit and at rest
- Regular security audits and penetration testing
- Access controls and authentication protocols
- Employee privacy training programs
Contact Information
For privacy-related inquiries, please contact:
Data Protection Officerlegal@kingfisherag.com