Terms of Service

1 About JohnDigital OS

JohnDigital OS ("we", "us", "our") is a suite of AI-powered digital products and services operated by JohnDigital, a technology company registered in Kenya. Our products include but are not limited to: JohnDigital Dev Lab, ROASGuard AI, JohnDigital Studio, and JohnDigital Automations (collectively, the "Platform").

All products operate under the umbrella of JohnDigital OS at johndigital.ke and its subdomains. These Terms of Service govern your access to and use of all products within the JohnDigital OS ecosystem.

For enquiries: hello@johndigital.ke

2 Acceptance of Terms

By creating an account, initiating a payment, or using any feature of the Platform, you confirm that:

• You are at least 18 years of age or have the legal capacity to enter into a binding contract in your jurisdiction
• You have read, understood, and agree to these Terms in full
• If using the Platform on behalf of a business or organisation, you have the authority to bind that entity to these Terms
• You agree to our Privacy Policy, which is incorporated into these Terms by reference

We reserve the right to update these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the revised Terms. Material changes will be communicated via email or an in-platform notice.

3 Digital Products — No Refund Policy

This no-refund policy applies to all products including but not limited to:

• Dev Lab build credits and monthly subscriptions
• ROASGuard AI plan activations
• JohnDigital Studio retainers and monthly plans
• Custom automation project deposits and milestone payments
• Any one-time or recurring digital service fees

By completing a purchase, you expressly acknowledge and agree that you are purchasing access to a digital service that is made immediately available upon payment, and that your right of withdrawal under applicable consumer protection laws does not apply once the digital service has commenced delivery.

If you believe there has been an error in billing (e.g. duplicate charge, incorrect amount), contact us at hello@johndigital.ke within 7 days of the transaction. We will investigate in good faith but reserve the right to make the final determination.

4 No Money-Back Guarantee

We make no guarantee of specific outcomes, revenue increases, cost savings, or performance improvements. All plans are sold on an "as-is" basis, and it is your responsibility to evaluate whether a product meets your needs before purchasing.

We encourage you to use any available free trials or demos before upgrading to a paid plan.

5 Payments & Billing

Payments on JohnDigital OS are processed via Pesapal, a licensed payment service provider operating in Kenya and East Africa. By initiating a payment, you also agree to Pesapal's terms and conditions available at pesapal.com.

• Accepted payment methods include M-Pesa, Visa, Mastercard, and other methods supported by Pesapal
• All prices are listed in the currency indicated per product (USD for Dev Lab; KES for ROASGuard and Studio)
• Prices are inclusive of any applicable taxes unless otherwise stated
• Subscriptions renew automatically unless cancelled at least 48 hours before the renewal date
• We reserve the right to change pricing at any time; changes will not affect active subscriptions until the next billing cycle with 14 days' notice
• Failed payments may result in immediate suspension of service

JohnDigital OS does not store your card or M-Pesa credentials. All payment data is handled exclusively by Pesapal's PCI-DSS compliant infrastructure.

6 Support Policy

Support is provided via email at hello@johndigital.ke. Response times vary by plan:

• Free / Trial plans: Best-effort support, no guaranteed response time
• Starter / Pro plans: Response within 3 business days
• Agency / Launch / Studio plans: Response within 1 business day
• Enterprise / Custom plans: Dedicated support channel, response within 4 hours during business hours (EAT, Mon–Fri)

Support covers platform usage, billing queries, and bug reports. It does not cover general business consulting, custom feature development outside your plan scope, or third-party integrations not listed in your plan.

We do not guarantee uptime. While we strive for high availability, scheduled and unscheduled maintenance may occur. Downtime does not entitle you to a refund or service credit.

7 AI-Generated Content — Disclaimer

Specifically, you acknowledge that:

• AI outputs are probabilistic and not guaranteed to be factually accurate or legally compliant
• Code generated by AI should be reviewed by a qualified developer before deployment
• Marketing copy generated by AI should be reviewed for accuracy and compliance with advertising standards
• Ad performance predictions and ROAS estimates are indicative only and not financial advice
• AI models may reflect biases present in their training data; outputs should be evaluated critically
• AI assistance does not substitute professional legal, financial, or medical advice

8 Intellectual Property & AI Copyright

Our IP: All software, interfaces, brand assets, proprietary algorithms, and underlying systems of JohnDigital OS are owned by JohnDigital and protected under Kenyan intellectual property law and applicable international treaties. You may not copy, reverse-engineer, resell, or create derivative works from our platform without written consent.

Your IP: You retain ownership of all content, data, and materials you upload or provide to the Platform. By using the Platform, you grant JohnDigital a limited, non-exclusive licence to process your content solely to provide the services you have subscribed to.

AI-Generated Outputs: Outputs generated by AI tools within the Platform are provided to you for your use. However, given the evolving legal landscape around AI-generated content and copyright:

• JohnDigital makes no warranty that AI-generated outputs are free from third-party intellectual property claims
• You are responsible for conducting appropriate IP clearance before commercial use of AI-generated content
• You may not use AI-generated outputs to train competing AI models or systems without our prior written consent
• JohnDigital OS does not claim ownership over AI outputs generated in the course of your use of the Platform

Prohibited Use of Platform IP: You may not scrape, harvest, or systematically extract data or outputs from the Platform to build competing products or services.

9 Acceptable Use

You agree not to use the Platform to:

• Violate any applicable law or regulation
• Generate, distribute, or promote illegal, harmful, abusive, or defamatory content
• Infringe the intellectual property rights of any third party
• Attempt to gain unauthorised access to any system, account, or data
• Introduce malware, viruses, or any disruptive code
• Use automated tools to access or scrape the Platform beyond normal usage
• Resell or sublicense access to any JohnDigital OS product without our written agreement
• Engage in fraudulent transactions or provide false information

Violation of these terms may result in immediate account suspension without refund and, where appropriate, legal action.

10 Data Protection & GDPR

JohnDigital OS is committed to protecting your personal data. We process personal data in accordance with:

• The EU General Data Protection Regulation (GDPR) where applicable
• The Kenya Data Protection Act 2019
• Our Privacy Policy, which forms part of these Terms

Where you provide us with personal data relating to your customers or end users in the course of using our services, you warrant that you have the necessary consents and legal bases to do so, and that you have disclosed our role as a data processor in your own privacy notices.

11 Limitation of Liability

To the maximum extent permitted by applicable law, JohnDigital OS and its affiliates, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages arising from AI-generated outputs used without verification
• Service interruptions, data loss, or security breaches beyond our reasonable control
• Third-party actions, including Pesapal payment processing errors

Our total aggregate liability for any claim arising out of or relating to these Terms or the Platform shall not exceed the amount you paid to us in the 3 months preceding the claim.

12 Termination

You may terminate your account at any time by contacting hello@johndigital.ke. Termination does not entitle you to a refund of any prepaid fees.

We may suspend or terminate your account immediately and without notice if you breach these Terms, engage in fraudulent activity, or if we are required to do so by law. Upon termination, your right to access the Platform ceases immediately.

Sections covering IP, liability, data, and dispute resolution survive termination.

13 Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising out of or in connection with these Terms shall first be referred to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Nairobi, Kenya.

14 Contact

For questions about these Terms, billing disputes, or data requests:

• Email: hello@johndigital.ke
• Platform: johndigital.ke
• Response time: Within 3 business days