These Terms of Service ("Terms") govern your access to and use of websites, applications, AI and compute services, APIs, integrations, communications, infrastructure, and related products operated by Africa Compute Fund ("ACF", "we", "us", or "our") (collectively, the "Services").
By creating an account, accepting an order, purchasing or using a paid plan, invoking an API, or otherwise using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.
1. Contract Structure and Order of Precedence
These Terms are the general agreement for the Services. A written order form, enterprise agreement, data processing agreement, service-level agreement, financing agreement, marketplace agreement, or other service-specific contract may add to or modify these Terms.
If there is a conflict, the more specific written agreement controls for the subject it addresses. Product documentation, dashboards, quotes, usage screens, and marketing materials describe features but do not create a guarantee that overrides an executed agreement.
2. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a binding agreement. If you use the Services for a company, partnership, institution, public body, or other organization, you must have authority to act for it.
You are responsible for ensuring that your use of the Services is lawful in every jurisdiction that applies to you, your users, your workloads, and your data.
3. Accounts, Organizations, and Credentials
You must provide accurate account information and keep it reasonably current. You are responsible for activity performed through your account, organization, API keys, service credentials, access tokens, connected integrations, and other authentication methods, except to the extent caused by our breach of applicable obligations.
You must protect credentials from unauthorized use, apply appropriate access controls to your team, and notify us promptly if you suspect compromise. Organization administrators may be able to manage members, permissions, billing, data, workloads, integrations, and other organization-level settings.
Machine identities, agents, API clients, and automated systems using your credentials are treated as acting on your behalf. You remain responsible for configuring their authority and for actions they are permitted to take.
4. The Services
The Services may include AI and model capabilities, compute and infrastructure, software applications, APIs, communications, business workflows, integrations, storage, payments or billing features, and related operational services.
We may add, improve, replace, limit, or discontinue features. We will use reasonable efforts to avoid materially disrupting paid Services without notice where notice is practical. Some features may be released as beta, preview, experimental, research, or early-access functionality and may be changed or withdrawn more quickly.
5. Compute, Cloud, and API Services
Compute availability, GPU type, accelerator count, geographic region, queue time, latency, throughput, model availability, networking, storage, and other infrastructure characteristics may vary unless a written order or service description expressly commits to a specific configuration.
Capacity estimates, benchmark results, throughput estimates, delivery dates, and pricing calculators are estimates unless explicitly identified as binding. Actual performance depends on workload design, model behavior, provider conditions, network conditions, software versions, hardware availability, and other factors.
You are responsible for your workloads, code, data, model files, environment configuration, checkpoints, backups, access policies, and recovery strategy unless a written agreement places a specific responsibility on ACF. Do not rely on temporary compute disks, transient jobs, or preview environments as your only copy of important data.
We may impose quotas, concurrency limits, rate limits, storage limits, job timeouts, or other controls to protect reliability, security, capacity, and fair use. Attempts to evade those controls are prohibited.
6. AI, Models, and Generated Outputs
AI systems can produce incorrect, incomplete, biased, outdated, unsafe, or unexpected outputs. Outputs are not guaranteed to be unique, factually correct, fit for a particular purpose, or free of third-party rights. Similar or identical outputs may be generated for other users.
You are responsible for reviewing outputs and deciding whether and how to use them. Unless we expressly agree otherwise in writing, the Services do not provide professional legal, medical, financial, tax, accounting, engineering, employment, credit, regulatory, or other licensed professional advice.
For decisions that may materially affect a person's rights, safety, employment, credit, access to essential services, or other high-impact interests, you are responsible for applying appropriate human review and complying with applicable law.
Customer Content may be processed by models, infrastructure, or service providers as necessary to deliver the selected Service. Where permitted by applicable law and applicable settings or agreements, ACF may use eligible data and feedback to develop, evaluate, improve, or train AI models and related systems. Eligible sources may include data ACF owns or generates, public or licensed data, synthetic data, feedback, and service data that may lawfully be used for those purposes.
Service-specific restrictions, processor commitments, provider rules, and any express no-training commitment in a Service or written agreement control where they apply.
7. Customer Content and Data Rights
"Customer Content" means content, prompts, files, datasets, messages, documents, code, images, model inputs, model outputs, business data, and other material you or your authorized users submit to, store in, or generate through the Services.
As between you and ACF, you retain the rights you already have in your Customer Content. You grant ACF and its service providers a limited, non-exclusive right to host, copy, transmit, transform, process, display, and otherwise use Customer Content as reasonably necessary to provide, secure, support, maintain, and improve the Services, comply with law, and exercise our rights under these Terms. Any generalized model-training use of Customer Content remains subject to Section 6 and applicable Service settings or agreements.
You represent that you have the rights, permissions, notices, and lawful basis required to submit Customer Content and instruct us to process it. You must not submit content in a way that violates another person's privacy, confidentiality, intellectual property, contractual, or other rights.
8. Privacy and Data Processing
Our Privacy Policy explains how we process personal data when we act as a controller. When we process personal data on behalf of a business customer, additional processor or service-provider terms may apply.
You are responsible for determining whether your use of the Services requires a data processing agreement, data residency commitment, sector-specific agreement, consent mechanism, privacy notice, security review, or other compliance measure before submitting regulated or sensitive data.
Regional processing, data residency, zero-retention, no-training, dedicated infrastructure, or similar commitments apply only where they are expressly stated for the selected Service or included in a written agreement. A region label, provider location, or product name alone does not create a legal residency guarantee.
9. Acceptable Use
You may not use the Services to:
- violate applicable law, regulation, court order, sanctions, export controls, or the rights of another person;
- commit fraud, impersonation, deception, credential theft, identity abuse, or payment abuse;
- send unlawful spam, harassment, or communications without required consent;
- develop, distribute, or operate malware, ransomware, botnets, credential-stealing tools, denial-of-service attacks, or other malicious code or infrastructure;
- gain or attempt unauthorized access to systems, accounts, networks, data, or credentials, including by scanning or exploitation without authorization;
- interfere with, overload, disrupt, or degrade the Services or another user's environment;
- circumvent rate limits, billing controls, access restrictions, safety controls, technical protections, or provider restrictions;
- infringe intellectual property, privacy, publicity, confidentiality, or other rights;
- use customer or personal data in a manner inconsistent with applicable privacy, communications, consumer-protection, or data-protection law;
- resell or sublicense a Service, provider capacity, model, integration, or third-party API where the relevant terms do not permit that use; or
- use the Services in a way that exposes ACF, its providers, customers, or infrastructure to material legal, security, operational, or reputational risk.
Legitimate security research, testing, scanning, or red-team activity is allowed only where you have authorization and comply with the scope and rules applicable to the target system.
10. Business, Commerce, and Communications Features
Unless expressly stated otherwise, ACF provides technology infrastructure and is not the merchant of record, seller, employer, booking provider, transport provider, professional adviser, or party delivering a third-party business's goods or services.
Businesses using commerce, communications, booking, lead, or customer-workflow features are responsible for their own products and services, pricing, availability, descriptions, taxes, permits, customer communications, refunds, cancellations, fulfillment, disputes, warranties, legal notices, and lawful use of customer data.
Businesses using communications channels must comply with applicable provider rules and consent, anti-spam, marketing, and communications laws.
11. Third-Party Services and Providers
The Services may interoperate with or depend on third parties, including infrastructure, AI, payment, identity, communications, storage, analytics, telecom, software, and other service providers.
Third-party services may have separate terms, privacy policies, usage limits, geographic restrictions, licenses, acceptable-use rules, and availability. You are responsible for complying with third-party terms that apply directly to your use. We are not responsible for a third party's independent acts, outages, policy changes, or service decisions, except to the extent applicable law or a written agreement makes us responsible.
12. Fees, Billing, Metering, and Taxes
Paid Services may be subscription-based, usage-based, prepaid, credit-based, reserved-capacity, project-based, or governed by a written quote or order.
You agree to pay applicable fees, taxes, and charges shown at purchase or agreed in writing. Usage records, job records, metering systems, transaction records, and invoices may be used to calculate charges, subject to correction where a material error is identified.
Usage may continue to incur charges until a workload, deployment, reservation, subscription, or paid feature is actually stopped or terminated. You are responsible for monitoring your own usage and budgets unless a written agreement states otherwise.
Credits, promotional balances, refunds, minimum commitments, reservation deposits, renewal rules, cancellation rights, and expiration rules are governed by the terms shown when the relevant credit, plan, or order is issued. We may change future prices on reasonable notice, but price changes do not retroactively alter already accrued charges.
13. Suspension, Restrictions, and Termination
We may suspend, restrict, or terminate access where reasonably necessary because of non-payment, chargebacks, suspected fraud, security risk, unlawful activity, abuse, violation of these Terms, provider restrictions, sanctions or legal requirements, urgent infrastructure protection, or material risk to other users.
Where practical and lawful, we will give notice and an opportunity to remedy a remediable issue before permanent termination. Immediate action may be necessary for security, fraud, legal, safety, or infrastructure reasons.
You may stop using the Services at any time, subject to payment obligations, reservations, commitments, cancellation terms, and other obligations already incurred. Termination does not erase rights or obligations that by their nature should survive, including payment, confidentiality obligations under separate agreements, intellectual-property provisions, disclaimers, liability limits, indemnities, and dispute provisions.
14. Intellectual Property
ACF and its licensors retain all rights in the Services, software, interfaces, branding, documentation, platform architecture, designs, models owned by ACF, and other technology or content that is not Customer Content.
Open-source components remain governed by their applicable licenses. Third-party models, datasets, APIs, software, and content remain subject to their own licenses and terms.
If you provide suggestions or feedback, you grant us permission to use that feedback without restriction or payment, provided we do not publicly identify you as the source without permission.
15. Confidential Information
If you and ACF have a separate nondisclosure or confidentiality agreement, that agreement controls confidential information within its scope. These Terms do not replace a negotiated NDA, data processing agreement, security addendum, or enterprise confidentiality commitment.
Do not submit highly confidential, regulated, export-controlled, or trade-secret information to a Service unless the selected Service and your agreement are appropriate for that information.
16. Beta, Preview, Research, and Experimental Features
Features identified as beta, preview, experimental, research, evaluation, prototype, early access, or similar may be incomplete, change without notice, have lower reliability, produce unexpected results, or be discontinued. Unless a written agreement says otherwise, they are provided without a production SLA and should not be used as the sole dependency for critical workloads.
17. Service Availability and Warranties
We aim to provide reliable Services, but outages, maintenance, provider failures, network failures, quota limits, hardware faults, software defects, security events, and other disruptions can occur.
Except for warranties expressly stated in a written agreement and to the fullest extent permitted by law, the Services are provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free operation.
Nothing in these Terms excludes any warranty, right, or remedy that applicable law does not permit us to exclude.
18. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenues, goodwill, business opportunities, or data, arising from the Services, even if advised that such loss may occur.
To the fullest extent permitted by law, ACF's aggregate liability arising out of or relating to the Services will not exceed the fees paid or payable to ACF for the affected Service during the 12 months before the event giving rise to the claim, or any greater minimum amount that applicable law requires.
These limitations do not apply where applicable law prohibits limitation, or to liability that cannot legally be limited. A separate written agreement may establish different liability terms for an enterprise or project engagement.
19. Indemnity
To the extent permitted by law, you will defend, indemnify, and hold harmless ACF and its personnel from third-party claims, damages, penalties, costs, and reasonable legal fees arising from your Customer Content, your products or services, your unlawful use of the Services, your violation of these Terms, or your infringement of another person's rights.
This obligation does not apply to the extent a claim is caused by ACF's own breach, unlawful conduct, or infringement.
20. Export Controls, Sanctions, and Restricted Use
You may not use, export, re-export, transfer, or provide the Services, software, models, technical data, or compute resources in violation of applicable export-control, sanctions, anti-terrorism, or trade laws. You are responsible for determining whether your workloads, users, destinations, end uses, or data are restricted.
We may block or suspend access where necessary to comply with applicable legal or provider restrictions.
21. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including major power or network failures, natural disasters, war, civil disturbance, government action, widespread cloud or telecom outages, labor disruption, supply-chain failures, or similar events, except that payment obligations for Services already provided are not excused.
22. Governing Law and Disputes
These Terms are governed by the laws of Kenya, without regard to conflict-of-law principles, unless a written agreement states otherwise. Subject to any mandatory consumer or statutory rights that cannot be waived, disputes may be brought before courts of competent jurisdiction in Kenya.
Before filing a formal claim, the parties should make a reasonable effort to resolve the dispute through direct written notice and good-faith discussion, unless urgent injunctive or protective relief is needed.
23. Changes to These Terms
We may update these Terms to reflect changes in the Services, law, security requirements, providers, or commercial structure. The updated version will show a new effective date.
If a change materially reduces rights or increases obligations for an existing paid Service, we will provide reasonable notice where required by law or contract. Continued use after the effective date of an applicable update constitutes acceptance, except where law requires a different form of consent.
24. Notices
We may provide operational or legal notices through the Service, by email, through an account dashboard, on our website, or through another contact method associated with your account. You are responsible for keeping contact information current.
25. General Terms
If a provision of these Terms is unenforceable, the remaining provisions remain in effect to the extent permitted by law. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent where the assignment would materially affect our obligations or risk, except as permitted by a written agreement. We may assign these Terms as part of a merger, reorganization, financing, acquisition, or sale of substantially all relevant assets, subject to applicable law.
These Terms, together with applicable service-specific agreements and policies, are the entire agreement regarding their subject matter and replace earlier understandings on that subject. They do not create a partnership, employment, fiduciary, franchise, or agency relationship between you and ACF.
26. Contact
Africa Compute Fund
Kenya
Email: intro@africacomputefund.com