1. About Nest Dynamic Ltd
Nest Dynamic Ltd is a technology-driven company based in Nairobi, Kenya, specializing in innovative app development. Our registered place of business is Outering Road, Donholm, Nairobi. You may contact us at 0721 459 245 or info@nestdynamicltd.com.
Nest Dynamic Ltd is the parent company of Surprisely App and may develop, publish, or operate additional software products and digital services under the Nest Dynamic name or affiliated brands.
2. Scope of these Terms
These Terms apply to:
- The Nest Dynamic Ltd corporate website and related online properties;
- Software applications, platforms, APIs, and digital tools created, owned, or operated by Nest Dynamic Ltd;
- Technology solutions, demos, documentation, and support materials we provide;
- Communications and interactions with Nest Dynamic Ltd in connection with the above.
These Terms do not replace product-specific end-user licence agreements, marketplace terms, or privacy notices that may apply to a particular Nest Dynamic software product. In the event of a conflict between these company Terms and a product-specific agreement expressly designated as controlling for that product, the product-specific agreement prevails for that product only.
3. Eligibility
You must be legally capable of entering into a binding agreement under the laws of Kenya (or your jurisdiction of residence) to use our services. If you use our services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
4. Accounts and access
Some Nest Dynamic software may require account registration. You agree to provide accurate information, keep credentials confidential, and notify us promptly of unauthorised access. You are responsible for activity that occurs under your account, except where caused by our failure to implement reasonable security measures.
We may suspend or terminate access where we reasonably believe these Terms have been violated, where required by law, or to protect the integrity, security, or availability of our systems.
5. Licence to use Nest Dynamic software
Subject to these Terms, Nest Dynamic Ltd grants you a limited, non-exclusive, non-transferable, revocable licence to access and use our software and services for their intended lawful purposes. Except as expressly permitted by law or written agreement, you may not:
- Copy, modify, distribute, sell, lease, or sublicense our software or related content;
- Reverse engineer, decompile, or attempt to extract source code, except where such restriction is prohibited by applicable law;
- Circumvent security, usage limits, or access controls;
- Use our services to develop a competing product through unauthorised scraping, harvesting, or systematic extraction of data;
- Interfere with or disrupt the operation of Nest Dynamic systems or networks.
6. Acceptable use
You agree not to use Nest Dynamic services to:
- Violate any applicable law, regulation, or third-party right;
- Transmit malware, spam, or harmful code;
- Harass, abuse, defraud, or harm others;
- Misrepresent your identity or affiliation with Nest Dynamic Ltd;
- Upload unlawful, infringing, or deceptive content;
- Attempt unauthorised access to other users' data or Nest Dynamic infrastructure.
7. Intellectual property
All rights, title, and interest in Nest Dynamic Ltd websites, software, trademarks, logos, designs, documentation, and related intellectual property remain with Nest Dynamic Ltd or its licensors. Nothing in these Terms transfers ownership of such rights to you. "Nest Dynamic", associated marks, and product names under the Nest Dynamic portfolio are protected identifiers of Nest Dynamic Ltd.
Feedback you provide regarding our products may be used by Nest Dynamic Ltd without obligation or compensation to you.
8. Third-party services
Our software may integrate with or link to third-party services. Nest Dynamic Ltd is not responsible for third-party content, policies, or practices. Your use of third-party services is governed by their respective terms.
9. Disclaimers
Nest Dynamic software and services are provided on an "as is" and "as available" basis to the fullest extent permitted by law. We do not warrant that services will be uninterrupted, error-free, or free of harmful components. We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are not permitted under Kenyan law or other applicable law.
10. Limitation of liability
To the maximum extent permitted by applicable law, Nest Dynamic Ltd and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or business opportunities arising from your use of, or inability to use, our services.
Our aggregate liability arising out of or relating to these Terms or Nest Dynamic services shall not exceed the greater of (a) the amounts you paid to Nest Dynamic Ltd for the specific service giving rise to the claim in the twelve (12) months preceding the claim, or (b) one thousand Kenyan shillings (KES 1,000), except where liability cannot be limited by law (including liability for fraud or personal injury caused by negligence where such limitation is prohibited).
11. Indemnity
You agree to indemnify and hold harmless Nest Dynamic Ltd from claims, damages, losses, and expenses (including reasonable legal fees) arising from your misuse of our services, your violation of these Terms, or your infringement of any third-party right.
12. Changes to services and Terms
We may update, modify, or discontinue features of our websites and software. We may revise these Terms from time to time. Material changes will be indicated by updating the "Last updated" date on this page and, where appropriate, by additional notice. Continued use after changes take effect constitutes acceptance of the revised Terms.
13. Governing law and disputes
These Terms are governed by the laws of Kenya. Courts located in Nairobi, Kenya shall have exclusive jurisdiction over disputes arising from these Terms, subject to any mandatory consumer protections that apply in your place of residence.
14. Contact
For questions about these Terms of Use, contact Nest Dynamic Ltd:
- Address: Outering Road, Donholm, Nairobi
- Telephone: 0721 459 245
- Email: info@nestdynamicltd.com