Terms and Conditions & Legal Disclaimer

1.1. Public Record Aggregation: Facts Tupu is an independent civic technology platform designed to aggregate, analyze, and synthesize publicly available data regarding elected officials, public institutions, campaign commitments, legislative records (such as Hansard reports), budget allocations, and public performance metrics.

1.2. No Official Affiliation: Facts Tupu is a private entity. It is not affiliated, endorsed by, or sponsored by any government, government agency, political party, or elected official.

1.3. Independent Analysis & Scoring: Performance scores, impact ratings, exaggeration risk indicators, and delivery statuses calculated by the Platform are produced through proprietary dynamic scoring algorithms, public data ingestion, and third-party reporting. They represent analytical estimations and opinions, not factual guarantees or judicial determinations.

2.1. "As-Is" & "As-Available": All services, data, ratings, scorecards, and content provided on Facts Tupu are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, statutory, or otherwise.

2.2. No Guarantee of Accuracy: While We endeavor to maintain accurate and up-to-date data, We make no representation or warranty regarding the accuracy, completeness, reliability, timeliness, legality, or error-free nature of any data, report, or score provided on the Platform. Data may be delayed, incomplete, or based on outdated public domain records.

2.3. User Reliance: Any reliance you place on information found on Facts Tupu is strictly at your own risk. You are solely responsible for independently verifying any legislative, financial, or political information prior to making civic, voting, legal, or financial decisions.

3.1. Exoneration from Legal Action: To the maximum extent permitted by applicable law, the creator(s), operators, developers, owners, affiliates, employees, and agents of Facts Tupu shall NOT be held liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with:

• Your access to, reliance upon, or use of the Platform or its data.
• Any inaccuracies, errors, omissions, or misstatements in the data or performance scores.
• Any defamation, libel, or slander claims brought by third parties, elected officials, or political entities regarding performance ratings published on the Platform.
• Any political, financial, or personal consequences resulting from the public sharing of downloadable report cards or scorecards generated by the Platform.
• Any loss of business, reputation, profit, or data resulting from service interruptions or platform downtime.

3.2. Indemnification: You agree to defend, indemnify, and hold harmless Facts Tupu, its creator(s), developers, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of your violation of these Terms, your misuse of the Platform, or your distribution/sharing of Platform materials on external channels (e.g., social media, messaging platforms).

4.1. Public Domain & Fair Comment: Data published on this platform regarding public figures and elected officials is compiled under constitutional guarantees of freedom of expression, access to information, and fair comment on matters of public interest.

4.2. Data Processing: The Platform processes public performance metrics in accordance with relevant data protection guidelines. Personal data collected from subscribers (e.g., M-Pesa phone numbers, email addresses for subscriptions) is used strictly for account administration, payment verification, and service delivery, and will not be sold to third parties.

4.3. Right to Verification / Dispute Mechanism: Any elected official or public entity who believes a score or project delivery status displayed on the Platform is based on inaccurate public data may submit verified primary receipts, gazette notices, or official documentation through the Platform’s designated verification portal. The Platform reserves the right to evaluate and update scores at its sole discretion upon reviewing verified evidence, without admitting liability for prior iterations.

5.1. Subscription Access: Certain features, including ward-level budget tracking, historical evidence vaults, and SMS/WhatsApp alerts, may require a paid subscription fee (processed via mobile money services like M-Pesa or third-party payment gateways).

5.2. No Refunds: All subscription payments are final and non-refundable, except where explicitly required by applicable consumer protection laws.

5.3. Service Adjustments: We reserve the right to alter subscription tiers, features, pricing, or data availability at any time without prior liability.

6.1. Platform Rights: The design, code, scoring algorithms, logo, and aggregated database architecture of Facts Tupu are the exclusive property of the Platform’s creators.

6.2. Limited Sharing License: Users are granted a revocable, non-exclusive license to download and share generated public report cards for non-commercial, personal, or civic educational purposes, provided the Facts Tupu branding and source attribution remain intact and unedited.

6.3. Prohibited Conduct: You agree not to reverse-engineer the scoring backend, attempt unauthorized scraping of bulk databases without API licensing, or use the Platform to disseminate malicious, fraudulent, or intentionally altered misinformation.

7.1. Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

7.2. Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Platform shall first be attempted to be resolved informally. If unresolved, it shall be referred to confidential arbitration prior to the initiation of formal litigation.

If you have any questions regarding these Terms or wish to submit public record corrections, please contact:

• Platform Legal / Desk: legal@facts-tupu.vercel.app