TERMS OF SERVICE

Last updated: February 11, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Abe Node Limited, doing business as Abe Node, Marketing Media Co. (the “Company,” “we,” “us,” or “our”), a company registered in Kenya at RIdgeways Rd, Nairobi, Nairobi City, Nairobi County 00100.

We operate the website https://abenode.com (the “Site”) and any other related products and services that reference these Legal Terms (collectively, the “Services”).

You can reach us by phone at 0713959699, by email at hello@abenode.com, or by mail at RIdgeways Rd, Nairobi, Nairobi City, Nairobi County 00100, Kenya.

These Legal Terms form a legally binding agreement between you (whether as an individual or on behalf of an entity, “you”) and Abe Node Limited regarding your access to and use of our Services. By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree with any part of these terms, you must stop using the Services immediately.

We will provide notice in advance of any planned changes to the Services you use. The revised Legal Terms will take effect upon posting or notification via email from support@abenode.com. Continuing to use the Services after such modifications means you accept the updated terms.

Our Services are intended only for users who are 18 years of age or older. Anyone under 18 is not permitted to use or register for the Services.

For your records, we recommend that you print a copy of these Legal Terms.

Our Services
Intellectual Property Rights
User Representations
User Registration
Products
Purchases and Payment
Subscriptions
Return/Refunds Policy
Prohibited Activities
User Generated Contributions
Contribution License
Guidelines for Reviews
Third-Party Websites and Content
Services Management
Privacy Policy
Copyright Infringements
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
SMS Text Messaging
California Users and Residents
Miscellaneous
Contact Us

1. OUR SERVICES

The information provided through our Services is not intended for distribution or use by any person or entity in any jurisdiction where such use would be contrary to local laws or trigger registration requirements. If you access our Services from such a location, you do so at your own risk and are responsible for complying with applicable local laws.

Please note that our Services are not designed to meet industry-specific regulatory standards (for example, HIPAA, FISMA, etc.). If your activities fall under such regulations, you may not use the Services. Likewise, the Services must not be used in any manner that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We own or license all intellectual property rights in our Services. This includes all source code, databases, software, website designs, audio, video, text, photographs, graphics (collectively, the “Content”), and all associated trademarks, service marks, and logos (the “Marks”). The Content and Marks are protected by copyright, trademark, and other intellectual property laws worldwide and are provided “as is” for your personal, non-commercial, or internal business use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms (including the Prohibited Activities section that follows), we grant you a non-exclusive, non-transferable, revocable license to:

Access the Services, and
Download or print portions of the Content you have lawfully accessed,

solely for your personal, non-commercial, or internal business purposes.

No part of the Services, including any Content or Marks, may be copied, reproduced, republished, uploaded, posted, transmitted, or exploited for commercial purposes without our explicit written consent. Requests for any use beyond what is granted herein should be sent to hello@abenode.com. If permission is granted, you must ensure proper attribution of our ownership rights.

Any violation of these Intellectual Property Rights constitutes a material breach of these Legal Terms and will result in immediate termination of your right to access our Services.

3. USER REPRESENTATIONS

By using our Services, you represent and warrant that:

All information you provide during registration is true, accurate, current, and complete.
You will maintain and promptly update your registration information as needed.
You have the legal capacity to enter into these Legal Terms and will comply with them.
You are not a minor in your jurisdiction.
You will not access the Services through automated or non-human methods (such as bots or scripts).
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable laws or regulations.

If any of the information you provide is false, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and deny you any future use of our Services.

4. USER REGISTRATION

Registration may be required to access certain features of the Services. You agree to maintain the confidentiality of your account password and are responsible for all activities that occur under your account. We reserve the right to remove or modify any username deemed inappropriate, offensive, or otherwise objectionable at our sole discretion.

5. PRODUCTS

We strive to present the product details—such as colors, features, specifications, and descriptions—as accurately as possible. However, we do not guarantee that the displayed information is completely accurate, current, or error-free. The appearance of products on your device may differ from their actual appearance. All products are subject to availability, and we reserve the right to discontinue any product at any time without notice. Prices for products may change without prior notice.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

Visa
Mastercard
Discover
American Express
PayPal

You agree to provide accurate, current, and complete information for every purchase made via the Services. It is your responsibility to promptly update your account and payment details (including your email address, payment method, and expiration date) to facilitate smooth transactions and enable us to contact you as needed. Sales tax will be applied as required, and all payments are processed in US dollars.

By placing an order, you authorize us to charge the payment method you have selected for the full amount, including any applicable shipping fees. We reserve the right to correct any pricing errors—even after payment has been made.

We also reserve the right to refuse any order at our discretion. In certain cases, we may limit or cancel the quantity of products available per person, household, or order. Such limitations may apply to orders placed under the same account, using the same payment method, or sharing the same billing or shipping address. We also reserve the right to restrict orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless you cancel it. By subscribing, you authorize us to charge your designated payment method on a recurring basis without seeking approval for each charge, until you cancel your subscription. The duration of each billing cycle will depend on the subscription plan you selected when you signed up.

Cancellation

You may cancel your subscription at any time by logging into your account. Cancellation will take effect at the end of your current paid period. If you have any questions or if our Services do not meet your expectations, please contact us at hello@abenode.com.

Fee Changes

We reserve the right to modify the subscription fees from time to time. Any changes in pricing will be communicated to you in accordance with applicable law.

8. RETURN/REFUNDS POLICY

Before making any purchases, please review our Return Policy available on the Services. This policy outlines the conditions and procedures for returns and refunds.

9. PROHIBITED ACTIVITIES

You agree to use our Services only for their intended purpose. In connection with your use, you must not:

Systematically collect data or content from our Services to build a database, directory, or compilation without our written consent.
Deceive, defraud, or mislead us or other users, especially in attempts to obtain sensitive account details like passwords.
Circumvent, disable, or interfere with any security measures designed to protect our Services or to restrict the copying or use of our Content.
Disparage, defame, or otherwise damage our reputation or that of our Services.
Use any information from our Services to harass, abuse, or harm another individual.
Misuse our support channels or submit false reports of abuse or misconduct.
Employ the Services in any manner that violates applicable laws or regulations.
Engage in unauthorized framing of or linking to our Services.
Upload or transmit viruses, malware, or other harmful material, including repetitive spamming or excessive use of capital letters that disrupts the Services.
Utilize any automated means (such as bots, scripts, data mining tools, or other software) to access or extract data from the Services.
Remove or alter any copyright or proprietary notices from any Content.
Impersonate any person or entity or use another user’s identity.
Transmit materials that serve as passive or active information collection mechanisms (e.g., 1×1 pixels, web bugs, or similar devices).
Interfere with, disrupt, or place an undue burden on our Services or the networks connected to them.
Harass, intimidate, or threaten our employees or agents.
Attempt to bypass or disable any access restrictions or security features of the Services.
Copy or adapt our software, including but not limited to code written in Flash, PHP, HTML, or JavaScript.
Reverse-engineer, decompile, or disassemble any part of our software, except as allowed by law.
Use any automated system to access or distribute our Services beyond standard search engine or browser functions.
Utilize a buying or purchasing agent to place orders through the Services.
Engage in any activity that competes with us or use our Content for any commercial venture without our explicit permission.
Use our Services to advertise or sell goods or services, or to transfer your profile to another party.

10. USER GENERATED CONTRIBUTIONS

Our Services may invite you to participate in features such as blogs, message boards, and online forums (“Contributions”). By submitting any content—such as text, videos, images, reviews, or personal information—you acknowledge that:

Your Contributions must not infringe on the intellectual property or other proprietary rights of any third party.
You either own your Contributions or have obtained all necessary rights, licenses, and permissions to submit them.
You have the consent of every identifiable individual included in your Contributions to use their name or likeness.
Your Contributions are truthful, original, and not misleading.
Your Contributions do not contain unsolicited advertising, spam, or promotional materials.
Your Contributions are free of obscene, harassing, or otherwise objectionable content, as determined by us.
Your Contributions do not violate any laws, including those related to privacy, child protection, or defamation.

Any breach of these requirements may result in suspension or termination of your access to our Services.

11. CONTRIBUTION LICENSE

By posting any Contributions on our Services, you grant us an irrevocable, worldwide, royalty-free license to use, reproduce, distribute, display, modify, and create derivative works from your Contributions in any media now known or hereafter developed. This license is transferable and sublicensable.

You acknowledge that:

You retain ownership of your Contributions, but you grant us broad rights to use them.
You waive any moral rights in your Contributions.
We are not liable for any statements or representations made within your Contributions.
We reserve the right to edit, re-categorize, or remove your Contributions at our discretion, without prior notice.

12. GUIDELINES FOR REVIEWS

If you post reviews or ratings on our Services, you must ensure that:

You have first-hand experience with the product or service you are reviewing.
Your review does not contain profane, abusive, racist, or hateful language.
Your review does not include discriminatory remarks or references.
Your review does not make unfounded statements regarding illegal activity.
You are not affiliated with competitors when posting negative reviews.
Your review is not false or misleading.
You do not organize or encourage coordinated review campaigns.

We reserve the right to accept, reject, or remove reviews at our sole discretion. Reviews are your personal opinions and do not necessarily reflect our views or those of our affiliates. By posting a review, you grant us a perpetual, non-exclusive, worldwide license to use the content of your review in any form.

13. THIRD-PARTY WEBSITES AND CONTENT

Our Services may contain links to third-party websites or display content from third parties (“Third-Party Content”). We do not monitor or control these websites or the content they provide. Accessing third-party websites or using their content is at your own risk, and once you leave our Services, these Legal Terms no longer apply. We recommend that you review the terms and privacy policies of any third-party sites you visit. Any purchases or transactions made on such sites are solely between you and the third party.

14. SERVICES MANAGEMENT

We reserve the right, though are not obligated, to:

Monitor our Services for any violations of these Legal Terms.
Take legal action against anyone who violates these terms, including reporting to law enforcement.
Restrict, suspend, or disable access to any portion of our Services, including removing or disabling any content that is burdensome or violates our policies.
Manage our Services in a manner that protects our rights and ensures proper operation.

15. PRIVACY POLICY

We value your privacy and data security. Please review our Privacy Policy as it forms an integral part of these Legal Terms. By using our Services, you consent to our practices regarding the collection, use, and transfer of your data. Please note that our Services are hosted in Kenya. If you access the Services from any other jurisdiction, you acknowledge that your data may be transferred to and processed in Kenya, and you expressly consent to such transfers.

16. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any content available through our Services infringes upon your copyright, please notify us immediately using the contact details provided below. A copy of your notification will be sent to the individual who posted the content. Please be aware that if you misrepresent your claim, you may be held liable for damages under applicable law.

17. TERM AND TERMINATION

These Legal Terms remain in full force and effect as long as you use our Services. We reserve the right, at our sole discretion and without notice, to deny access to our Services—including blocking certain IP addresses—to any person for any reason, including breaches of these Legal Terms or applicable law. We may terminate or suspend your access to our Services, delete your account, and remove any content you have posted at any time, without prior notice.

If your account is terminated or suspended for any reason, you are prohibited from creating a new account under your name, a pseudonym, or on behalf of any third party. In addition to account termination, we reserve the right to pursue any legal remedies available to us.

This rephrased version retains the full scope of the original provisions while ensuring clarity and consistency for your audience. Let me know if you need any further modifications or additional sections rephrased!

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove any portion of the Services at any time and for any reason, at our sole discretion, without prior notice. While we strive to keep information up to date, we are not obligated to update or correct any content on our Services. Similarly, we may suspend or discontinue the Services—either partially or entirely—without notice, and we will not be held liable for any modification, price change, suspension, or discontinuation.

We do not guarantee uninterrupted availability of the Services. Hardware or software failures, maintenance, or other issues may cause interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience resulting from any downtime or the discontinuance of the Services. Nothing in these Legal Terms obligates us to maintain, support, or provide updates or corrections for the Services.

19. GOVERNING LAW

These Legal Terms shall be governed by and interpreted in accordance with the laws of Kenya. Both you and Abe Node Limited agree that the courts of Kenya shall have exclusive jurisdiction over any disputes arising in connection with these Legal Terms.

20. DISPUTE RESOLUTION

Informal Negotiations

Before initiating any formal dispute resolution process, both parties agree to attempt informal negotiations for at least thirty (30) days after one party notifies the other in writing of a dispute.

Binding Arbitration

Any dispute arising out of or related to these Legal Terms—including disputes regarding their existence, validity, or termination—shall be resolved by binding arbitration administered by the International Commercial Arbitration Court under the European Arbitration Chamber (located at Avenue Louise, 146, Brussels, Belgium) in accordance with its rules. Two arbitrators shall be appointed, and the arbitration proceedings will take place in Nairobi City, Kenya. Proceedings will be conducted in English and Swahili, and the substantive law of Kenya shall apply.

Restrictions

Any arbitration shall be limited to the dispute between the parties individually, with no class-action or representative claims allowed. The arbitration cannot be joined with any other proceedings.

Exceptions

The following disputes are excluded from these arbitration provisions:

Disputes involving the enforcement or validity of any intellectual property rights;
Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and
Claims for injunctive relief.
If any portion of this arbitration provision is deemed unlawful or unenforceable, that portion will be excluded, and any dispute falling within that exclusion will be resolved in a court of competent jurisdiction in Kenya.

21. CORRECTIONS

Occasionally, errors, inaccuracies, or omissions may appear on our Services, including in descriptions, pricing, or availability. We reserve the right to correct any such errors and update the information on our Services at any time without prior notice.

22. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES, NOR DO WE ASSUME RESPONSIBILITY FOR ANY ERRORS, INTERRUPTIONS, SECURITY BREACHES, OR OTHER PROBLEMS THAT MAY ARISE. WE ARE NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES ADVERTISED BY THIRD PARTIES OR FOR ANY TRANSACTIONS BETWEEN YOU AND THOSE THIRD PARTIES.

23. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM. SOME LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Abe Node Limited, its subsidiaries, affiliates, officers, agents, partners, and employees from any claims, losses, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from or related to:

Your Contributions or use of the Services;
Any breach of these Legal Terms;
Your violation of any rights of a third party, including intellectual property rights; or
Any harmful acts you direct toward other users of the Services.

We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with our defense.

25. USER DATA

We maintain certain data that you transmit through the Services to help manage performance and usage. While we perform routine backups, you are solely responsible for the data you provide or generate through your use of the Services. We shall not be liable for any loss or corruption of such data, and you waive any right to seek damages from us for such loss or corruption.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using our Services, including visiting our website, sending emails, or completing online forms, you consent to receive electronic communications from us. These communications, including agreements, notices, disclosures, and other records, satisfy any legal requirement for written documentation. You also agree to the use of electronic signatures, records, and transactions in connection with your interactions with us, waiving any requirement for original, paper-based documents.

27. SMS TEXT MESSAGING

Opting Out

If you wish to stop receiving SMS messages from us, simply reply “STOP” to any message you receive. You may receive a confirmation message once your opt-out is processed.

Message and Data Rates

Standard message and data rates may apply based on your mobile carrier and plan.

Support

For any questions regarding our SMS communications, please contact us at hello@abenode.com or call 0713959699.

28. CALIFORNIA USERS AND RESIDENTS

If you are a California resident and your complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
Phone: (800) 952-5210 or (916) 445-1254

29. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted on our Services, represent the entire agreement between you and Abe Node Limited. Failure to enforce any provision of these Legal Terms does not constitute a waiver of that right. We may assign our rights or obligations under these Legal Terms at any time. We shall not be liable for any loss or delay caused by events beyond our reasonable control. If any provision of these Legal Terms is deemed unlawful or unenforceable, that provision will be severed, and the remainder will remain in full force and effect. These Legal Terms do not create any joint venture, partnership, employment, or agency relationship, and they shall not be interpreted against us simply because we drafted them. You also waive any rights based on the electronic form of these Legal Terms or the absence of a physical signature.

30. CONTACT US

For any questions or concerns regarding these Legal Terms or our Services, please contact us at:

Abe Node Limited
Ridgeways Rd, Nairobi
Nairobi City, Nairobi County 00100, Kenya
Phone: 0713959699
Email: hello@abenode.com