Kashyka Terms & Conditions

For the purpose of these Terms:

• Personal Data means information relating to an identified or identifiable individual, as defined under the Kenya Data Protection Act, 2019, the EU General Data Protection Regulation (GDPR), and other applicable laws.
• User or you refers to any person who downloads, installs, or uses the Browser.
• Services means the browsing and related functionalities provided through the Browser, including contact-based features and SMS operations.

By installing or using this Browser:

• You confirm that you are at least eighteen (18) years of age or such other age as may be the statutory legal age of digital consent in your jurisdiction of birth.
• You confirm that you have read and understood these Terms.
• You will comply with all applicable laws, including Kenya’s Data Protection Act, 2019, the Computer Misuse and Cybercrimes Act, 2018, and international data protection frameworks such as the GDPR, CCPA, and UK Data Protection Act 2018.

KASHYKA is a web-browsing application offering Internet access and enhanced communication functionalities, including:

• Access to websites and web-based content.
• Optional integration with your device’s contacts for personalized user experiences.
• Optional ability to send and manage SMS messages directly through the Browser when expressly authorized by you.

These features are designed to improve usability and convenience. Because they involve sensitive permissions, Kashyka applies strict security and privacy safeguards.

The Browser may request the following permissions:

• Contacts Access: Allows the Browser to read contact names and numbers for autocomplete, synchronization, or user-specified communications.
• SMS Access and Sending: Enables the Browser to send SMS messages only at your explicit request, including authentication, link sharing, or messages from a web-based service.

Each permission request will:

• Be accompanied by a prominent in-app disclosure in compliance with Google Play’s User Data Policy.
• Require your explicit, system-level consent.
• Be revocable at any time via your Android device settings.

We will never send SMS messages or access contacts without your clear and verifiable consent.

When permissions are requested, you will receive a system-level prompt detailing the access required. You may accept or deny these permissions. Denying access may limit certain functionalities but will not affect basic browsing capabilities.

We are committed to protecting your personal data in compliance with applicable data protection laws, including Kenya’s Data Protection Act, 2019 and the Data Protection (General) Regulations, 2021, the GDPR, the CCPA, the UK Data Protection Act 2018, and other relevant regional privacy frameworks.

A full description of how we collect, process, and store your data is provided in our Privacy Policy, which forms part of these Terms.

You agree to:

• Use the Browser for lawful purposes only.
• Not send spam or unsolicited communications through any Browser feature.
• Not attempt to modify, decompile, or reverse-engineer the Browser.
• Maintain the security of your device and access credentials.
• Avoid transmitting unlawful, harmful, or offensive material.
• Not use the Browser to send unsolicited SMS or spam.
• Not attempt to gain unauthorized access to systems or interfere with network operations.
• Maintain the confidentiality of your device credentials and ensure secure access.

You are solely responsible for all activities that occur through your device while using the Browser.

The Browser and its developers adhere to all Google Play Developer Policies, including:

• User Data Policy: Collection and handling of personal and sensitive data follow the prominent disclosure and consent model required by Google.
• Permissions Policy: Access to SMS and Contacts is declared, justified, and limited to core app functionality.
• Misleading Claims Policy: We will not misrepresent the scope or purpose of data access.

Violations of these policies by users, including the use of SMS features for spam or abuse, may result in suspension or termination of access.

Your information may be processed in countries other than your own. Where we transfer personal data internationally, we rely on recognized legal bases, including Standard Contractual Clauses, adequacy decisions, or equivalent safeguards.

These safeguards ensure that your data remains protected to standards equivalent to those required under Kenyan and international law.

The Browser may include links to or integrate with third-party services, including search engines, web APIs, or SMS gateways.

These services are governed by their own terms and privacy policies, which you should review independently.

We are not responsible for the practices or content of external services.

We may update the Browser or these Terms from time to time for operational, legal, or security reasons.

Updated Terms will be published within the Browser and on our website. Continued use after updates constitutes acceptance of the revised Terms.

We reserve the right to suspend or terminate your access to the Browser if:

• You breach these Terms.
• You misuse permissions or attempt unauthorized access.
• We are required to do so by law or a regulatory authority.
• Termination is necessary for security, operational, or compliance reasons.

Upon termination, your right to use the Browser ceases immediately.

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, or consequential damages arising from your use of the Browser.
• Our total liability for any claim shall not exceed the amount paid, if any, for the Browser in the 12 months preceding the claim.
• We are not responsible for damages arising from third-party services accessed through the Browser.

All intellectual property rights in the Browser, including trademarks, software code, and design, remain our exclusive property or that of our licensors.

You may not copy, modify, distribute, or reverse-engineer the Browser or its components except as permitted by law.

These Terms are governed by the laws of Kenya.

Disputes arising from these Terms shall be subject to the exclusive jurisdiction of the Kenyan courts.

If you have questions about these Terms or your data rights, please contact:

Email

support@kashyka.com

Address

Bishop Magua Centre, Ngong Road, Nairobi, Kenya

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning your use of the Browser and supersede any prior agreements or understandings.