Terms of Service

Last updated: February 19, 2026

Welcome to Zote ("we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of the Zote website at www.zoteapp.com, the Zote mobile application, and all related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Zote is operated from the Republic of Kenya. These Terms are governed by and shall be construed in accordance with the laws of Kenya, including but not limited to the Kenya Information and Communications Act (Cap. 411A), the Data Protection Act, 2019, the Consumer Protection Act, 2012, the Computer Misuse and Cybercrimes Act, 2018, and all other applicable laws of Kenya.

1. Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher, to use the Service. By using Zote, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding agreement under the laws of Kenya.

2. Account Registration

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Keep your account credentials secure and confidential.
  • Notify us immediately of any unauthorized access to your account.
  • Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that contain false information or violate these Terms.

3. Description of Service

Zote is an AI-powered e-commerce platform that enables users to create, manage, and operate online stores. The Service includes the Zote website, the Zote mobile application (available on Google Play), AI-powered store generation tools, and related features. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

4. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation, including the laws of Kenya.
  • Sell prohibited, counterfeit, stolen, or illegal goods or services.
  • Infringe upon the intellectual property rights of any third party.
  • Engage in fraud, deception, or misleading trade practices as defined under the Consumer Protection Act, 2012.
  • Distribute malware, viruses, or any harmful code in violation of the Computer Misuse and Cybercrimes Act, 2018.
  • Harvest, collect, or store personal data of others without lawful basis as required by the Data Protection Act, 2019.
  • Engage in any activity that disrupts or interferes with the Service.
  • Impersonate any person or entity.

We reserve the right to investigate and take appropriate action, including removing content and suspending or terminating accounts, for violations of this section.

5. Merchant Obligations

If you use the Service to operate an online store, you additionally agree to:

  • Comply with all applicable Kenyan laws regarding the sale of goods and services, including the Sale of Goods Act (Cap. 31) and the Consumer Protection Act, 2012.
  • Accurately describe your products and services and not engage in misleading advertising.
  • Honor consumer rights, including the right to a refund or replacement for defective goods as provided under Kenyan consumer protection law.
  • Collect, process, and store customer data only in compliance with the Data Protection Act, 2019, and ensure you have a lawful basis for processing.
  • Obtain all necessary licenses, permits, and registrations required to operate your business in Kenya or your jurisdiction.
  • Comply with Kenya Revenue Authority (KRA) tax obligations, including VAT where applicable.

6. Intellectual Property

The Service, including its design, logos, trademarks, text, graphics, software, and all other content provided by Zote, is the property of Zote and is protected under Kenyan intellectual property laws, including the Trade Marks Act (Cap. 506), the Copyright Act, 2001, and the Industrial Property Act, 2001, as well as applicable international treaties.

You retain ownership of the content you create using the Service, including store descriptions, product listings, and images you upload. By using the Service, you grant Zote a limited, non-exclusive, royalty-free license to use, display, and distribute your content solely for the purpose of providing and promoting the Service.

7. AI-Generated Content

The Service uses artificial intelligence to generate store designs, product descriptions, and other content. While we strive for accuracy and quality, AI-generated content is provided "as is." You are responsible for reviewing, editing, and ensuring the accuracy and legal compliance of all content before publishing it on your store. Zote does not guarantee that AI-generated content is free from errors, and you assume all responsibility for content published on your store.

8. Payments and Fees

Certain features of the Service may require payment of fees. All fees are stated in the currency indicated at the time of purchase and are inclusive of applicable taxes unless stated otherwise. You agree to pay all fees associated with your use of the Service.

Where applicable, all prices displayed shall comply with the requirements of the Consumer Protection Act, 2012, including the display of total prices inclusive of all taxes and charges. We will provide receipts for payments made through the Service.

9. Data Protection and Privacy

We are committed to protecting your personal data in accordance with the Data Protection Act, 2019 of Kenya. Our collection, use, and handling of personal data is described in our Privacy Policy, which forms part of these Terms.

In accordance with the Data Protection Act, 2019, you have the right to:

  • Be informed of the use of your personal data.
  • Access your personal data held by us.
  • Object to the processing of your personal data.
  • Correct false or misleading data.
  • Request deletion of your personal data, subject to legal obligations.

To exercise these rights, please contact us at myzoteapp@gmail.com. We are registered with the Office of the Data Protection Commissioner (ODPC) as required by law.

10. Limitation of Liability

To the maximum extent permitted under the laws of Kenya:

  • The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
  • We do not warrant that the Service will be uninterrupted, secure, or error-free.
  • Zote shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
  • Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid to Zote in the twelve (12) months preceding the claim.

Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded under the laws of Kenya.

11. Indemnification

You agree to indemnify, defend, and hold harmless Zote, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any applicable law or the rights of any third party.

12. Termination

We may suspend or terminate your access to the Service at any time if you breach these Terms, with or without notice depending on the severity of the breach. You may also terminate your account at any time by contacting us.

Upon termination, your right to use the Service will cease immediately. We will handle your data in accordance with our Privacy Policy and the Data Protection Act, 2019. Provisions of these Terms that by their nature should survive termination shall remain in effect.

13. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter through good-faith negotiation.

If the dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the matter to mediation under the Mediation Act, 2012 of Kenya.

If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the courts of the Republic of Kenya, with venue in Nairobi. Nothing in this section shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.

14. Consumer Rights

Nothing in these Terms is intended to limit or exclude your statutory rights as a consumer under the Consumer Protection Act, 2012 of Kenya. If any provision of these Terms conflicts with your mandatory consumer rights, your statutory rights shall prevail to the extent of that conflict.

15. Modifications to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the "Last updated" date above. Where required by law, we will seek your consent to material changes. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any matters not covered by these Terms shall be governed by the applicable laws of Kenya, including common law principles as applied in Kenya.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction in Kenya, the remaining provisions shall continue in full force and effect.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

  • Email: myzoteapp@gmail.com
  • Website: www.zoteapp.com