Terms of Service

1. Introduction and Acceptance

Welcome to WABI. These Terms of Service ("Terms") govern your access to and use of the WABI mobile application and website (collectively, the "Service"), operated by KEPAS (Kenya Professionals in Application Solutions).

By downloading, accessing, or using WABI, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

2. Definitions

• "Service" - The WABI mobile application, website, and related services
• "User" - Any person who accesses or uses the Service
• "Client" - A User who seeks services through the platform
• "Worker" or "Fundi" - A User who offers services through the platform
• "Booking" - A service request made by a Client and accepted by a Worker
• "Platform Fee" - The commission charged by WABI for facilitating transactions

3. Eligibility

To use WABI, you must:

• Be at least 18 years of age
• Be a resident of Kenya or legally authorized to work in Kenya
• Have a valid Kenyan phone number
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws

Additional Requirements for Workers

• Possess valid identification (National ID or Passport)
• Have relevant skills and qualifications for offered services
• Maintain required licenses or certifications (where applicable)
• Have a valid KRA PIN for tax compliance

4. Account Registration and Security

4.1 Account Creation

You must register for an account to use certain features of the Service. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials confidential
• Not share your account with others
• Notify us immediately of any unauthorized access

4.2 Account Verification

We may require identity verification, including:

• Phone number verification via OTP
• National ID verification (for Workers)
• KRA PIN verification (for Workers)
• Skills or certification verification

4.3 Account Termination

We reserve the right to suspend or terminate accounts for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abusive behavior towards other Users
• Provision of false information
• Extended period of inactivity

5. Platform Rules and Conduct

5.1 General Conduct

All Users agree to:

• Use the Service lawfully and in good faith
• Treat other Users with respect and professionalism
• Not engage in harassment, discrimination, or abusive behavior
• Not post false, misleading, or defamatory content
• Not interfere with the proper functioning of the Service

5.2 Client Responsibilities

• Provide accurate service requirements and location information
• Be available at the scheduled service time
• Provide safe working conditions for Workers
• Pay for completed services through the platform
• Provide honest reviews and ratings

5.3 Worker Responsibilities

• Provide services as described and agreed upon
• Arrive on time for scheduled bookings
• Maintain professional standards and quality of work
• Carry necessary tools and equipment
• Communicate professionally with Clients
• Comply with all applicable laws and regulations

6. Bookings, Payments, and Fees

6.1 Booking Process

1. Client submits a service request with details and budget
2. Workers receive notifications and can accept the job
3. Client selects a Worker based on ratings, reviews, and price
4. Both parties confirm the booking details
5. Service is performed at the agreed time and location
6. Payment is processed upon completion

6.2 Pricing

• Service prices are determined by Workers
• WABI may suggest prices based on market rates
• Final price must be agreed before service begins
• Additional charges for materials must be pre-approved

6.3 Platform Fees

• WABI charges a commission on completed bookings
• Current commission rates are displayed in the app
• Fees are deducted from Worker payouts automatically

6.4 Payments

• All payments are processed through M-Pesa
• Payments are held in escrow until service completion
• Workers receive payment after Client confirmation
• Disputes are handled according to our dispute resolution process

6.5 Cancellations

• Clients may cancel bookings according to our cancellation policy
• Late cancellations may incur fees
• Workers who cancel repeatedly may face account restrictions

7. Reviews and Ratings

After each completed booking, both parties may leave reviews and ratings.

7.1 Review Guidelines

• Reviews must be honest and based on actual experience
• Reviews must not contain personal attacks or harassment
• Reviews must not contain discriminatory content
• Reviews must not be exchanged for compensation

7.2 Review Removal

WABI may remove reviews that violate these guidelines or contain:

• False or misleading information
• Offensive or inappropriate content
• Personal information of others
• Spam or promotional content

8. Disputes and Resolution

8.1 Service Disputes

If a dispute arises between Client and Worker:

1. Users should first attempt to resolve the issue directly
2. If unresolved, either party may open a dispute through the app
3. WABI will review evidence from both parties
4. WABI will make a determination within 7 business days
5. WABI's decision is final and binding

8.2 Refunds

• Full refund if Worker fails to arrive
• Partial refund for incomplete or substandard work (at WABI's discretion)
• No refund for completed satisfactory work

8.3 Escalation

For disputes that cannot be resolved through our platform, parties may pursue resolution through the courts of Kenya.

9. Intellectual Property

9.1 WABI Property

The Service and its content, including but not limited to text, graphics, logos, icons, images, and software, are the property of KEPAS and are protected by intellectual property laws.

9.2 User Content

By posting content on WABI, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content for the purpose of operating and promoting the Service.

9.3 Restrictions

You may not:

• Copy, modify, or distribute WABI content without permission
• Reverse engineer or decompile the application
• Use WABI trademarks without authorization
• Scrape or harvest data from the Service

10. Limitation of Liability

10.1 Platform Role

WABI is a platform that facilitates connections between Clients and Workers. We do not:

• Employ or supervise Workers
• Guarantee the quality of services
• Verify all Worker qualifications
• Assume responsibility for service outcomes

10.2 Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WABI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

10.3 Limitation

IN NO EVENT SHALL WABI BE LIABLE FOR:

• Indirect, incidental, or consequential damages
• Loss of profits or data
• Personal injury or property damage caused by Workers
• Service interruptions or downtime

Our total liability shall not exceed the amount of fees paid by you to WABI in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless WABI, KEPAS, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Services you provide or receive through the platform

12. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

13. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes through:

• In-app notifications
• Email to your registered address
• SMS notification

Continued use of the Service after changes constitutes acceptance of the modified Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

15. General Provisions

15.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WABI regarding the Service.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or our right to enforce it later.

15.4 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights at any time without notice.

16. Contact Us

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