Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and PublicMoodTracker ("Company", "we", "us") governing your access to and use of the PublicMoodTracker political intelligence platform, including all associated mobile, web, WhatsApp, and SMS interfaces.

1. Definitions

2. Service Description

PublicMoodTracker aggregates and analyses publicly available political media from 9 Kenyan sources, applies machine-learning sentiment analysis, and presents the results as politician scores, county heat maps, trending topic rankings, and downloadable intelligence reports.

Disclaimer: Sentiment scores are statistical aggregations of public media discourse and do not represent verified public opinion, election polling data, or legal assessments of any political figure. They must not be used as the sole basis for political, financial, legal, or electoral decisions.

3. Eligibility and Account Registration

• You must be at least 18 years old to register or purchase a subscription.
• You may use the Free Tier without registration from anywhere in the world.
• Paid subscriptions are currently available only to users with a Kenyan M-Pesa-enabled phone number.
• You must provide accurate account information and keep it updated.
• You are responsible for maintaining the confidentiality of your account credentials.
• Each account is for one individual only. Corporate or multi-user accounts require a separate agreement — contact enterprise@siasaiq.com.

4. Subscriptions and Payments

4.1 Plans

4.2 Payment Terms

• All payments are processed via M-Pesa (Safaricom Daraja API). No other payment method is currently accepted.
• Prices are inclusive of 16% VAT and applicable excise duty.
• A KRA-compliant receipt is issued by email or SMS within 5 minutes of successful payment.
• PublicMoodTracker reserves the right to adjust pricing with 30 days' advance notice to registered users.

4.3 Refunds

Payments are non-refundable except in the following circumstances:

• Double-charge error: A duplicate charge caused by a system fault will be refunded in full within 2 business days.
• Service unavailability: If the platform is unavailable for more than 4 consecutive hours during a paid access window, you are entitled to a pro-rated refund for the downtime period.
• Statutory rights: Refunds required under the Kenya Consumer Protection Act 2012 will be honoured.
• Refunds are made to the originating M-Pesa number within 3 business days.

5. Acceptable Use Policy

You agree not to:

• Scrape, crawl, or harvest PublicMoodTracker data in bulk without a signed API licence agreement.
• Use automated tools (bots, scripts, headless browsers) to access the platform beyond personal use.
• Reproduce, republish, or resell PublicMoodTracker reports or data commercially without written permission.
• Attempt to reverse-engineer our sentiment scoring algorithms, AI models, or data pipelines.
• Share, sell, or transfer your account credentials or subscription access to third parties.
• Use the platform to harass, defame, or make false representations about any political figure.
• Introduce malware, viruses, or conduct denial-of-service attacks on the platform.
• Use the platform in violation of any applicable Kenyan law, including the Computer Misuse and Cybercrimes Act 2018.

Violation of this policy may result in immediate account suspension without refund and potential legal action.

6. Intellectual Property

All Content, data, AI models, visualisations, interfaces, branding, and source code are the exclusive intellectual property of PublicMoodTracker or our licensors and are protected by Kenyan copyright law.

6.1 Permitted Use

• You may share individual sentiment scores or screenshots with attribution: "Source: PublicMoodTracker (siasaiq.com)".
• Journalists and researchers may quote limited excerpts for non-commercial reporting with attribution.
• Academic use with proper citation is permitted.

6.2 Prohibited Use

• Reproduction of full reports, ranking tables, or bulk data in any publication or product is prohibited without a written licence.
• Using PublicMoodTracker's logo, name, or branding to imply endorsement without written consent.
• Creating derivative data products or competing services using PublicMoodTracker data.

7. Disclaimer of Warranties

The Platform and all Content are provided "as is" and "as available"without any warranty of any kind. PublicMoodTracker expressly disclaims all warranties, express or implied, including but not limited to:

• Merchantability, fitness for a particular purpose, or non-infringement.
• Accuracy, completeness, timeliness, or reliability of any sentiment score or AI insight.
• Uninterrupted or error-free operation of the platform.

8. Limitation of Liability

To the maximum extent permitted by Kenyan law, PublicMoodTracker, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the platform.

PublicMoodTracker's total aggregate liability for any claim arising from these Terms or your use of the platform shall not exceed the total amount you paid to PublicMoodTracker in the 30 days preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless PublicMoodTracker and its affiliates from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from your violation of these Terms or misuse of the platform.

10. Termination

PublicMoodTracker may suspend or terminate your account at any time for material breach of these Terms, fraudulent activity, or at our discretion with 7 days' notice for any other reason. Paid subscriptions will be refunded on a pro-rated basis for platform-initiated terminations (not for breach-related terminations). You may close your account at any time by emailing support@siasaiq.com.

11. Modifications to the Service

PublicMoodTracker reserves the right to modify, suspend, or discontinue any feature of the platform at any time. We will provide at least 7 days' notice before discontinuing a paid feature you are currently using.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Kenya. Any dispute arising from or in connection with these Terms shall first be referred to mediation under the Nairobi Centre for International Arbitration (NCIA) Rules. If mediation fails within 60 days, disputes shall be resolved by the courts of Nairobi, Kenya.

13. Contact

Legal enquiries: legal@siasaiq.com
General support: support@siasaiq.com
Registered address: PublicMoodTracker, Nairobi, Kenya