Terms of Service

Welcome to Kote ("we," "us," or "our"). By accessing or using our mobile applications (iOS and Android), website, or any of our eSIM and connectivity services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Services.

These Terms constitute a legally binding agreement between you and Kote. Please read them carefully before using our Services. We recommend that you also review our Privacy Policy, which describes how we collect and use your personal data.

Kote provides eSIM-based data plans and connectivity services designed for Kenyans travelling and living abroad. Our mission is to help you stay close to the people and places that matter while paying less for reliable mobile data. Our Services include:

• eSIM Data Plans: Prepaid and subscription-based mobile data plans covering a range of international destinations.
• eSIM Provisioning: Digital delivery and activation of eSIM profiles directly to your compatible device.
• Account Management: Tools to purchase, manage, and monitor your data plans, usage, and account settings through our apps and website.
• Customer Support: Assistance with plan selection, activation, troubleshooting, and general enquiries.

We may modify, suspend, or discontinue any part of the Services at any time. We will endeavour to provide reasonable notice of significant changes.

To use certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information.
• Keep your account credentials secure and confidential.
• Notify us immediately of any unauthorised access to or use of your account.
• Accept responsibility for all activity that occurs under your account.

You must be at least 18 years old to create an account and use our Services. We reserve the right to suspend or terminate accounts that contain false or misleading information, or that violate these Terms.

All prices for our data plans are displayed in the app and on our website at the time of purchase. Prices are quoted in the applicable currency and include any taxes unless otherwise stated.

• Payment Processing: Payments are processed securely through our third-party payment providers. By making a purchase, you agree to the payment provider's terms of service.
• Plan Activation: Your data plan is activated once payment is confirmed and the eSIM profile has been successfully installed on your device.
• Refunds: Refund eligibility depends on the specific plan and whether the eSIM profile has been activated. Please contact our support team for refund requests. Activated data plans are generally non-refundable.
• Price Changes: We reserve the right to change our prices at any time. Price changes will not affect plans that have already been purchased.

When using our eSIM services, you agree to the following:

• Device Compatibility: You are responsible for ensuring that your device supports eSIM technology before purchasing a plan. Kote is not liable for purchases made for incompatible devices.
• Personal Use: eSIM profiles and data plans are for your personal use only. You may not resell, redistribute, or share your eSIM profile or data allocation with third parties.
• Fair Usage: All plans are subject to our fair usage policy. We reserve the right to throttle or suspend service if we detect abnormal usage patterns, including but not limited to excessive tethering, automated data consumption, or usage that negatively impacts network quality for other users.
• Lawful Use: You must not use our Services for any unlawful purpose, including but not limited to fraud, harassment, distribution of malicious software, or any activity that violates applicable laws in Kenya or your country of residence.
• Plan Validity: Data plans have a defined validity period. Unused data expires at the end of the validity period and is not carried over unless explicitly stated.

All content, features, and functionality of our Services — including but not limited to the Kote name, logo, app design, text, graphics, software, and underlying technology — are owned by Kote or our licensors and are protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use our Services for personal, non-commercial purposes in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse-engineer or attempt to extract the source code of our software.

As a user of our Services, you are responsible for:

• Maintaining the security of your account and login credentials.
• Ensuring your device meets the technical requirements for eSIM activation.
• Using the Services in compliance with all applicable laws and regulations.
• Not engaging in any activity that could damage, disable, overburden, or impair our Services or interfere with any other party's use of the Services.
• Not attempting to gain unauthorised access to any part of our Services, other accounts, computer systems, or networks connected to our Services.
• Providing accurate information when contacting customer support and during any account-related processes.

To the fullest extent permitted by law, Kote and its directors, employees, partners, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use our Services.
• Loss of data, revenue, profits, or business opportunities resulting from service interruptions, network outages, or technical issues beyond our reasonable control.
• Any actions or omissions of third-party network operators, payment processors, or other service providers.
• Service unavailability due to force majeure events, including natural disasters, government actions, or telecommunications failures.

Our Services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the reliability, availability, or suitability of our Services for any particular purpose. Our total liability to you for any claim arising from these Terms or your use of the Services shall not exceed the amount you paid to us in the 12 months preceding the claim.

We reserve the right to suspend or terminate your account and access to our Services at any time, with or without notice, if:

• You breach any provision of these Terms.
• We are required to do so by law or regulatory authority.
• We reasonably believe your account has been compromised or is being used fraudulently.
• You engage in conduct that is harmful to other users, third parties, or Kote.

You may terminate your account at any time by contacting our support team or using the account deletion feature in our app. Upon termination, your right to use the Services ceases immediately. Any unused data on active plans will not be refunded unless required by applicable law.

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Kenya.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes by posting the updated Terms on our website and within the app, and by updating the "Last updated" date above.

Your continued use of our Services after changes are posted constitutes acceptance of the revised Terms. If you do not agree with the updated Terms, you should stop using our Services and contact us to close your account.

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: