Terms and Conditions

Welcome to Enea, a Kenyan-based job-matching platform that connects businesses with creative professionals through a transparent bidding and milestone-based system. These Terms and Conditions (“Terms”) govern your use of our services and form a binding agreement between you (“You” or “User”) and Enea Foundation., a company registered in Kenya (“the Company”, “We”, “Us”, or “Our”). By accessing or using Enea, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws of the Republic of Kenya.

1. Definitions

• 1.1. “Account”: Your unique user profile registered on Enea.biz
• 1.2. “Bid”: A proposal submitted by a Creative Worker, including pricing, deliverables, and timelines.
• 1.3. “Business”: A user who posts a job listing on the platform.
• 1.4. “Content”: Any information, data, or media posted or shared on the platform.
• 1.5. “Creative Worker”: A user who submits a bid to perform a job.
• 1.6. “Escrow”: A secure financial arrangement in which funds for a Job or Milestone are held by Enea or its designated third-party payment provider on behalf of the Business and Creative Worker. Funds are released to the Creative Worker only upon mutual confirmation by both parties that the agreed deliverables for a specific Milestone or Job have been satisfactorily completed, or as determined through the platform’s dispute resolution process.
• 1.7. “Job”: A task or project posted by a business on the platform.
• 1.8. “Milestone”: A mutually agreed deliverable within a Job.
• 1.9. “Personal Data”: Information about an individual that can identify them, in accordance with Kenya’s Data Protection Act, 2019.
• 1.10. “Platform”: Refers to Enea.biz, accessible via https://enea.biz or our official mobile app.
• 1.11.“Service”: All features, functionality, and offerings made available by Enea.biz
• 1.12. “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the agreement between You and the Company regarding the use of the Service.
• 1.13.“User” / “You”: Individuals or businesses accessing the platform to post or bid on jobs.
• 1.14.“Website” refers to enea.biz ] accessible from https://staging.enea.biz/creatives/onboarding

2. Acknowledgment

• 2.1. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
• 2.2. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
• 2.3. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
• 2.4. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
• 2.5. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. User Accounts

• 3.1. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
• 3.2. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
• 3.3. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
• 3.4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
• 3.5. Accounts may be terminated for fraud, misuse, or violations of these Terms.

4. Content

4.1. Your Right to Post Content

• 4.1.1. Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
• 4.1.2. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
• 4.1.3. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

4.2. Content Restrictions

• 4.2.1. The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
• 4.2.2. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
• 4.2.2.1. Unlawful or promoting unlawful activity.
• 4.2.2.2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• 4.2.2.3. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• 4.2.2.4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• 4.2.2.5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• 4.2.2.6. Impersonating any person or entity including the Company and its employees or representatives.
• 4.2.2.7. Violating the privacy of any third person.
• 4.2.2.8. False information and features.
• 4.2.3. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

4.3. Content Backups

• 4.3.1. Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
• 4.3.2. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
• 4.3.3. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
• 4.3.4. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

5. Job Posting and Bidding

5.1. Responsibilities of Businesses

• 5.1.1. Businesses shall post job listings with clearly defined project scopes, timelines, and milestone requirements.
• 5.1.2. Businesses are required to fund each milestone in full through the Platform’s designated escrow system prior to the commencement of work on that milestone.

5.2. Responsibilities of Creative Workers

• 5.2.1. Creative Workers shall submit comprehensive bids outlining their proposed methodology, estimated timelines, and total fees.
• 5.2.2. Creative Workers must maintain an up-to-date portfolio on their profile to assist Businesses in assessing their capabilities.

5.3. Formation of a Binding Agreement

• 5.3.1. Upon acceptance of a bid by a Business, a binding contractual agreement is formed directly between the Business and the Creative Worker. Enea Foundation acts solely as a neutral intermediary and is not a party to, nor does it accept any responsibility or liability for, the terms, execution, or enforcement of any agreement formed between Users.

6. Payments and Platform Fees

6.1. Escrow and Milestone Payments

Funds for each milestone shall be held securely in escrow and shall only be released upon mutual confirmation by both parties that the agreed deliverables have been satisfactorily completed. In the event of a dispute, Enea may facilitate mediation in good faith, but does not guarantee a resolution.

6.2. Platform Fees

Enea charges a platform fee of 15 % on the total value of each completed milestone. This fee is transparently disclosed to all parties prior to bid acceptance and is automatically deducted from the payment released from escrow.

6.3. Dispute Mediation

In the event of a dispute between Users, Enea may, at its sole discretion, offer non-binding mediation services to assist in resolving the issue. However, Enea shall not be considered a party to any such dispute and accepts no responsibility or liability for the outcome of any mediation efforts, or for any resolution or failure to resolve the matter.

7. Privacy and Data Protection

• 7.1. Enea is committed to protecting your privacy and complies with the Data Protection Act, 2019 (Kenya). For further information, please refer to our Privacy Policy, which outlines:
• 7.1.1. The types of personal data collected and how it is used;
• 7.1.2. User rights, including access, correction, and deletion of personal data;
• 7.1.3. Measures taken to secure and store user data;
• 7.1.4. Circumstances under which data may be shared with third parties, such as payment processors.
• 7.2. For privacy-related inquiries or requests, please contact: info@enea.biz

8. User Conduct

By using the Platform, You agree not to engage in any of the following prohibited activities:

• 8.1. Posting false, misleading, or fraudulent content or job offers;
• 8.2. Infringing upon the intellectual property rights of others;
• 8.3. Harassing, impersonating, or otherwise abusing any other User;
• 8.4. Uploading or distributing malicious content, including viruses, malware, or spam;
• 8.5. Circumventing or attempting to circumvent Enea’s payment or milestone processes.

9. Intellectual Property

• 9.1. Ownership of intellectual property created under a Job shall transfer to the Business upon full payment, unless otherwise agreed in writing by the parties.
• 9.2. Users retain ownership of all content they submit or display on the Platform.
• 9.3. By uploading portfolio content, You grant Enea a limited, non-exclusive, royalty-free license to use, display, and promote such content as part of the Service.
• 9.4. The Platform’s design, software, trademarks, and other proprietary elements are owned by Enea Foundation or its licensors and may not be copied or used without prior written consent.

10. Termination

• 10.1. Enea reserves the right to suspend or permanently terminate any User account, without prior notice, for any violation of these Terms or applicable law.
• 10.2. Termination may also occur immediately and without liability if, in Enea’s sole discretion, continued access would pose a risk to the integrity of the Platform or its Users.
• 10.3. Upon termination, all rights granted to You under these Terms shall cease, and You must discontinue all use of the Platform.
• 10.4. In cases involving fraud, misuse, or other prohibited conduct, You may forfeit access to any funds held in escrow at the time of termination, subject to applicable law and internal investigation.

11. Limitation of Liability

• 11.1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its assigns under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or KES 15,000 whichever is lower.
• 11.2. To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose To the maximum extent permitted under Kenyan law.
• 11.3. If Kenya does not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these case, each party's liability will be limited to the greatest extent permitted by law.

12. Indemnity

• 12.1. You agree to indemnify, defend, and hold harmless Enea Foundation, its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that arise from or relate to:
• 12.1.1. your use or misuse of the Platform or Services;
• 12.1.2. your breach of these Terms and Conditions or violation of any applicable law or regulation;
• 12.1.3. any Content you post, upload, or transmit through the Platform, including any claim that such Content infringes the intellectual property or other rights of a third party;
• 12.1.4. any dispute between you and another User, including but not limited to contractual disagreements, payment disputes, or service dissatisfaction;
• 12.1.5. your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights.
• 12.2. Enea reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with and reimburse Enea for the reasonable costs of such defense.

13. “AS IS” and “AS AVAILABLE” Disclaimer

• 13.1. The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
• 13.2. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
• 13.3. If Kenya does not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

14. Governing Law; Consent to Jurisdiction

• 14.1. The Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the Kenya without regard to the principles of conflict of law thereof.
• 14.2. Each User:
• 14.2.1. Consents to submit itself to the personal jurisdiction of any Kenyan court located in Kenya in connection with any dispute that arises out of this Agreement;
• 14.2.2. Agrees that it/she/he will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court; and
• 14.2.3. Agrees that it/she/he will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other than a court sitting in Kenya.

15. Notices

15.1. Method of Delivery

• 15.1.1. All notices, requests, demands, and other communications under these Terms and Conditions (collectively, “Notices”) shall be in writing and delivered:
• 15.1.2. By email to the email address provided by the User upon registration or as later updated in their Account settings;
• 15.1.3. By email to Enea Foundation at: info@enea.biz; or
• 15.1.4. Through the Platform’s internal messaging or notification system, which shall constitute valid written notice.

15.2. Deemed Receipt

• 15.2.1. Notices shall be deemed to have been received:
• 15.2.1.1. If sent by email: at the time the email is transmitted, provided no bounce back or error notification is received;
• 15.2.1.2. If posted on the Platform: at the time the User logs into their Account or 24 hours after the notice is posted, whichever occurs first.
• 15.2.2. Changes to Contact Information

Each party is responsible for maintaining accurate contact information in their Account. Enea shall not be liable for any failure to receive notice due to outdated or incorrect contact details.

15.3. Legal Notices

Notices regarding legal disputes, breach notifications, or other matters requiring formal legal process must also be sent in hard copy to:
Enea Foundation
Hope Center, Lavington
Nairobi, Kenya

16. Entire Agreement

• 16.1. These Terms and Conditions, together with the Privacy Policy, any additional terms referenced herein, and any policies or guidelines posted on the Platform, constitute the entire agreement between You and Enea Foundation regarding the use of the Platform and Services.
• 16.2. This Agreement supersedes and replaces all prior or contemporaneou understandings, communications, and agreements, whether written or oral, regarding the subject matter hereof.
• 16.3. No oral explanation or information given by any party shall alter the interpretation of these Terms. Any waiver, modification, or amendment of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Enea Foundation
• 16.4. In the event of any conflict between these Terms and any other document or policy referenced herein, the provisions of these Terms shall prevail, unless explicitly stated otherwise.

17. Third-Party Services

17.1. Incorporation of Third-Party Services:

The Platform may integrate, link to, or provide access to third-party services, websites, or applications (collectively referred to as “Third-Party Services”). These Third-Party Services are provided solely for your convenience, and their inclusion on the Platform does not imply endorsement or approval by Enea Foundation of the third-party services or their contents.

17.2. No Responsibility or Liability:

You acknowledge and agree that Enea Foundation is not responsible for, and makes no representations or warranties regarding, any Third-Party Services. The use of any Third-Party Services is subject to the terms and conditions and privacy policies of the third-party providers, and Enea Foundation disclaims any responsibility or liability arising from your use of or interactions with such services.

17.3. Third-Party Payment Providers:

Enea may utilize third-party payment providers to facilitate financial transactions on the Platform. These providers may have their own terms and conditions governing the processing of payments, and you agree to comply with such terms when using these third-party services.

17.4. User Responsibility:

By accessing or using Third-Party Services through the Platform, you assume full responsibility for any risks associated with your interactions with such services, including but not limited to the security of personal information, payments, or the provision of any services or products.

17.5. Disputes with Third-Party Services:

Any disputes, claims, or concerns arising from your use of Third-Party Services must be directed to the respective third-party provider. Enea Foundation is not a party to any such disputes and will not be held liable for any damages, losses, or issues arising from your use of Third-Party Services.

18. Dispute Resolution

• 18.1. Users agree to attempt to resolve disputes amicably.
• 18.2. Enea may assist in mediation but is not a legal party to the agreement.
• 18.3. Should any dispute arise between the parties hereto the Parties to such dispute shall in the first instance attempt to resolve such dispute by amicable negotiations and should such negotiations fails to achieve a resolution within Fifteen (15) days then either Party may declare a dispute by written notification to the other, whereupon such dispute shall be referred to any Kenyan Court of competent jurisdiction.

19. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

20. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

21. Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemics, fire, floods, or labor disturbances.

22. Copyright Infringement

• 22.1. If you believe that content on our platform infringes your copyright:
• 22.2. Email a formal complaint to: info@enea.biz
• 22.3. Include your identity, copyright proof, the infringing material URL, and a declaration under oath.

23. Changes to Terms

• 23.1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
• 23.2. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

24. Privacy Policy Clause

24.1. Data Collection and Use

Enea Foundation (“we”, “us”, or “our”) collects personal data to provide and improve our services. By using the Enea platform, you consent to the collection, use, and disclosure of your data in accordance with this Privacy Policy and the applicable laws of the Republic of Kenya.

24.2. Types of Personal Data Collected

• 24.2.1. We may collect the following categories of personal data:
• 24.2.2. Full name, email address, phone number, date of birth, and ID/passport number (for verification)
• 24.2.3. Business or company details (for Businesses)
• 24.2.4. Payment information (handled via third-party providers)
• 24.2.5. Portfolio, job history, and professional qualifications
• 24.2.6. IP address, device data, and usage behavior (for analytics and security)

24.3. Purpose of Collection

• 24.3.1. We process your data for the following lawful purposes:
• 24.3.1.1. To facilitate account registration and profile creation
• 24.3.1.2. To enable job posting, bidding, communication, and milestone completion
• 24.3.1.3. To process payments through escrow and release systems
• 24.3.1.4. To detect, prevent, and investigate fraud or security breaches
• 24.3.1.5. To comply with legal obligations and enforce our Terms and Conditions
• 24.3.1.6. To communicate updates, service changes, or promotional offers (with opt-out options)

24.4. Legal Basis for Processing

• 24.4.1. Our collection and use of your data is based on:
• 24.4.1.1. Your consent, which you may withdraw at any time;
• 24.4.1.2. The necessity to perform a contract (e.g., processing a job or milestone);
• 24.4.1.3. Compliance with legal obligations;
• 24.4.1.4. Our legitimate interest in improving our platform and ensuring user safety.

24.5. Data Sharing and Disclosure

• 24.5.1. We may share your personal data with:
• 24.5.2. Other users (only relevant information for job matching)
• 24.5.3. Third-party service providers (e.g., payment processors, identity verification services)
• 24.5.4. Regulatory authorities, when required by law
• 24.5.5. In case of a business transfer, merger, or acquisition (with appropriate notice)
• 24.5.6. We will never sell your personal data to third parties.

24.6. Data Storage and Security

Your data is stored securely using encrypted technologies and access controls. We implement administrative, technical, and physical safeguards in compliance with Kenya’s Data Protection Act.

However, no transmission or storage system can be guaranteed 100% secure. In the event of a breach, we will notify affected users in accordance with Kenyan law.

24.7. Your Rights

• 24.7.1. Under the Data Protection Act, you have the following rights:
• 24.7.1.1. Access – Request a copy of your personal data
• 24.7.1.2. Correction – Request rectification of inaccurate data
• 24.7.1.3. Deletion – Request deletion (“right to be forgotten”), subject to legal retention requirements
• 24.7.1.4. Objection – Object to certain types of processing, including direct marketing
• 24.7.1.5. Data portability – Request transfer of your data to another service provider
• 24.7.1.6. You can exercise these rights by contacting us at:
  info@enea.biz
  Hope Church Lavington ,Nairobi

24.8. Data Retention

• 24.8.1. We retain personal data only as long as necessary to:
• 24.8.1.1.Fulfill the purpose for which it was collected
• 24.8.1.2.Comply with legal, tax, or regulatory requirements
• 24.8.1.3.Resolve disputes and enforce our agreements
• 24.8.2. Inactive accounts may be deleted or anonymized after 2 years of inactivity.

24.9. Cross-Border Data Transfers

If we transfer your data outside of Kenya (e.g., cloud hosting), such transfers will comply with applicable data protection laws, ensuring an adequate level of protection.

24.10. Changes to The Privacy Policy

• 24.10.1. We may update our Privacy Policy to reflect changes in our practices or legal requirements. We will notify you through the Platform and update the “Effective Date“ at the top of the policy.
• 24.10.2. Your continued use of the Platform after any such changes constitutes your consent to the updated Privacy Policy.

25. Contact Information

For questions, feedback, or support:

Enea Foundation

Hope Center, Lavington, Nairobi, Kenya

Email: info@enea.biz

Phone: +254 708 946 382

Website: enea.biz