1Introduction and Acceptance
These Terms & Conditions ("Terms") are a binding agreement between you
("User," "you," or "your") and
GiantCanopy Ltd ("Kena," "we,"
"us," or "our"), the operator of the Kena mobile application,
associated websites (including kena.life), and related services (collectively, the
"Services").
By creating an account, downloading, installing, or otherwise using the Services, you agree to
be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do
not agree, do not use the Services.
If you are using the Services on behalf of a business or other entity, you represent that you
have authority to bind that entity, and "you" refers to that entity as well as you individually.
2Definitions
- "Account" means your registered account on Kena.
- "Content" means any journal entries, emotion logs, forecasts, reflections,
activities, images, comments, and any other material you submit to the Services.
- "Subscription" means a paid, recurring plan that unlocks premium features of
the Services.
3Eligibility
You must be at least 18 years old to create an Account and use the Services. By registering, you represent and warrant
that you meet this requirement and that you have the legal capacity to enter into these Terms.
The Services are not directed at children, and we do not knowingly collect information from
anyone under the minimum age stated above. If we learn that we have done so, we will take steps to
delete the relevant Account and data.
You must provide accurate registration information and keep it up to date.
4Account Registration and Security
4.1 Registration methods
You may create an Account using an email address and password (verified by a one-time passcode
sent to your email), or by signing in with a supported third-party identity provider (Google or
Sign in with Apple).
4.2 Account security
You are responsible for maintaining the confidentiality of your login credentials and for all
activity that occurs under your Account. Notify us immediately at
customersupport@kena.life if you suspect unauthorized use of your
Account.
4.3 One account per person
Each individual may maintain one Account.
4.4 Password reset
You may reset or change your password through the in-app forgot-password and change-password
flows. You are responsible for keeping your registered email address current so that
account-recovery communications reach you.
5Description of the Services
Kena is a personal emotional-wellness and journaling application. Depending on your
use of the app, the Services may include:
5.1 Personal wellness tools
Logging core and aspirational emotions; daily emotion "forecasts" and end-of-day reflections;
thought tracking; planning and logging personal activities and their frequency; and
analytics/trends (weekly, monthly, and all-time views, including charts and a calendar view of your
history).
5.2 Community features
A social feed where Users may post, comment on, and like content; invite other Users to join a
community or group; and view community members' shared entries, subject to the privacy settings
available in the app.
5.3 In-app tips
Occasional milestone messages with wellness guidance, shown to you at intervals within the app
based on your usage.
5.4 Notifications
Push and in-app notifications relating to your activity, reminders, and community activity.
We may add, modify, or discontinue features of the Services at any time, with or without notice,
and without liability to you, except as required by applicable law.
6Subscriptions, In-App Purchases, and Payments
6.1 Premium features
Certain features of the Services require a paid Subscription. Available plans, features, and
prices are displayed in the app before purchase.
6.2 Payment processing depends on your platform
On iOS, all Subscriptions are purchased and managed through Apple's In-App
Purchase system, in accordance with App Store requirements for digital subscriptions. On
Android, Subscriptions are purchased through Paystack's hosted checkout. Kena does
not store your full payment card details; payment processing is subject to the applicable
processor's own terms and privacy practices.
6.3 Billing and renewal
iOS Subscriptions purchased through Apple renew automatically at the end of each billing period
unless cancelled at least 24 hours before the renewal date, in accordance with Apple's policies,
and are managed through your Apple ID account settings. Android Subscriptions purchased through
Paystack renew and may be cancelled as described at the time of purchase and in your Account
settings.
6.4 Price changes
We may change Subscription pricing prospectively. Where required by law or by an app store's
policies, we will provide advance notice before a price change takes effect for existing
subscribers.
6.5 Cancellations and refunds
You may cancel a Subscription at any time; cancellation takes effect at the end of the current
billing period, and you will retain access to premium features until then. Except where required by
applicable consumer-protection law, payments are non-refundable. Refund requests for purchases made
through the Apple App Store must be directed to Apple in accordance with its policies.
6.6 Free trials and promotions
If we offer a free trial or promotional pricing, its terms (including duration and what happens
at expiry) will be disclosed at the time of offer.
6.7 Advertising
Free-tier use of the Services may display third-party advertisements. We are not responsible for
the content of third-party advertisements.
7User Content
7.1 Ownership
You retain ownership of the Content you submit to the Services, including journal entries,
forecasts, community posts, comments, and images.
7.2 License to Kena
By submitting Content, you grant Kena a non-exclusive, worldwide, royalty-free, sublicensable
license to host, store, reproduce, display, and distribute that Content solely as necessary to
operate, provide, and improve the Services (for example, showing your community post to other
members of that community). Personal journal entries, emotion logs, and forecasts that you do not
affirmatively share to the community feed are treated as private to your Account and are not shared
with other Users; see our Privacy Policy for details.
7.3 Your responsibility
You are solely responsible for the Content you submit and represent that you have all necessary
rights to submit it and that it does not violate these Terms, the rights of any third party, or
applicable law.
7.4 Moderation
We may, but are not obligated to, review, moderate, or remove Content, and may suspend or
terminate an Account for repeated or serious violations.
8Camera, Photos, and Notifications
The Services may request access to your device's camera and photo library, to
set a profile photo or attach an image to a journal, forecast, or reflection entry, and to send
push notifications for reminders and activity updates. You control these
permissions through your device settings and can withdraw permission at any time, though doing so
may limit the related feature.
Our collection, use, and retention of any data obtained through these permissions is described
in our Privacy Policy.
9Wellness Content Disclaimer
Kena is a self-guided wellness and journaling tool. The Services, including
emotion tracking, forecasts, reflections, and in-app tips, are not a substitute for professional
medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment.
Nothing in the Services should be relied upon as medical or mental-health advice. Always seek
the advice of a qualified health professional with any questions you may have regarding a medical
or mental health condition. Never disregard professional advice or delay seeking it because of
something you read or logged in Kena.
If you are experiencing a medical or mental health emergency, or are having thoughts of harming
yourself or others, contact your local emergency services immediately or a crisis helpline in
your country. Kena is not an emergency service and does not monitor journal entries or forecasts
in real time for crisis intervention.
10Acceptable Use
You agree not to:
- use the Services for any unlawful purpose or in violation of these Terms;
- impersonate any person or entity, or misrepresent your affiliation with a person or entity;
- post Content that is defamatory, harassing, hateful, obscene, discriminatory, or that
infringes any third party's intellectual property, privacy, or other rights;
- upload viruses or malicious code, or attempt to gain unauthorized access to the Services,
other Accounts, or our systems;
- scrape, harvest, or use automated means to access or collect data from the Services without
our prior written consent;
- reverse engineer, decompile, or attempt to extract the source code of the app, except to the
extent such restriction is prohibited by applicable law;
- use the Services to solicit or advertise unrelated products or services without our consent;
or
- circumvent or interfere with any payment, security, or access-control mechanism of the
Services.
We may investigate and take appropriate action, including Content removal, warnings, feature
restrictions, or Account suspension or termination, against anyone who violates this section.
11Third-Party Services
The Services integrate or rely on third-party providers, including but not limited to Firebase
(analytics, crash reporting, cloud messaging), Google Sign-In, Sign in with Apple, Google Mobile
Ads, Paystack (Android subscriptions), and Apple's In-App Purchase system (iOS subscriptions). Your
use of features that rely on these providers is also subject to their respective terms of service
and privacy policies. We are not responsible for the practices or content of third-party
providers.
12Intellectual Property
12.1
The Services, including the Kena name, logo, app design, software, and all content we create
(excluding User Content), are owned by GiantCanopy Ltd or our
licensors and are protected by intellectual property laws.
12.2
Subject to your compliance with these Terms, we grant you a limited, non-exclusive,
non-transferable, revocable license to download and use the Kena app on a device you own or
control, solely for your personal, non-commercial use.
12.3
You may not copy, modify, distribute, sell, or lease any part of the Services or included
software, except as expressly permitted by these Terms or applicable law.
13Term, Suspension, and Termination
These Terms remain in effect while you use the Services.
13.2 Termination by you
You may stop using the Services at any time. You may permanently delete your Account from within
the app's account settings, which will initiate deletion of your Account in accordance with our
Privacy Policy.
13.3 Termination or suspension by us
We may suspend or terminate your Account, in whole or in part, if we reasonably believe you have
violated these Terms, created risk or legal exposure for us or other Users, or if required by law.
Where practicable, we will provide notice of the reason.
13.4 Effect of termination
Upon termination, your right to use the Services ceases immediately. We may retain and use
Content and data as required by law, to resolve disputes, to enforce our agreements, or as
described in our Privacy Policy.
14Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS
AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS OR THAT ANALYTICS, FORECASTS, OR OTHER OUTPUTS ARE ACCURATE. NOTHING IN THIS SECTION
LIMITS ANY WARRANTY OR RIGHT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE CONSUMER
PROTECTION ACT, 2012 OF KENYA.
15Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIANTCANOPY LTD AND
ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE
LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE
TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID US, IF ANY, IN THE 12 MONTHS
BEFORE THE CLAIM AROSE, EXCEPT WHERE SUCH
LIMITATION IS NOT PERMITTED BY APPLICABLE LAW.
Nothing in these Terms limits liability that cannot be limited under applicable law, including
liability for death or personal injury caused by negligence, or fraud.
16Indemnification
You agree to indemnify and hold harmless GiantCanopy Ltd and
its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses
(including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b)
your Content; (c) your violation of these Terms; or (d) your violation of any right of a third
party, including another User.
17Governing Law and Dispute Resolution
17.1
These Terms are governed by and construed in accordance with the laws of the Republic of
Kenya, without regard to its conflict-of-laws principles.
17.2
The parties will first attempt to resolve any dispute arising out of or relating to these Terms
or the Services through good-faith informal negotiation by contacting
customersupport@kena.life.
17.3
If a dispute is not resolved informally within 30 days, the parties submit to the exclusive
jurisdiction of the courts of Kenya, seated in Nairobi, to resolve
the dispute, subject to any mandatory consumer-protection rights you may have to bring a claim in
your local courts.
18Changes to These Terms
We may update these Terms from time to time to reflect changes to the Services or for legal,
regulatory, or operational reasons. If we make material changes, we will notify you through the app
or by email before the changes take effect. Your continued use of the Services after the effective
date of the updated Terms constitutes acceptance of the changes.
19Miscellaneous
19.1 Entire agreement
These Terms, together with our Privacy Policy and any additional terms presented for specific
features, constitute the entire agreement between you and Kena regarding the Services.
19.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in
full force and effect.
19.3 No waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or
provision.
19.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign
these Terms in connection with a merger, acquisition, or sale of assets.
19.5 Force majeure
We are not liable for any failure or delay in performance to the extent caused by circumstances
beyond our reasonable control.
19.6 Language
These Terms are provided in English.
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