Last updated: January 15, 2025
Welcome to Intuitive Insights KE (“Company,” “we,” “us," or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our data insight platform, website, and services (collectively, the “Services”) provided by Intuitive Insights KE.
By engaging our platform and accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services. We recommend that you read these Terms carefully before using our Services.
In this Agreement, unless the context otherwise requires:
“Confidential information” in relation to Intuitive Insights means information in any form relating to the operation of the Platform, which Intuitive Insights considers to be proprietary and/or commercially sensitive, including but not limited to all of Intuitive Insights intellectual property rights over the Platform and Services and includes all patents, rights to inventions, trade secrets, copyright, and includes the rights to the source code, object code; tools, know-how, methods and system design used in developing the Application; in each case whether registered or unregistered, including all applications and rights to apply for, granted renewals, extensions of and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; in relation to the You, means information which You, by notice in writing, have notified Intuitive Insights, consider to be proprietary or confidential; and excluding information which is publicly available at the time of its disclosure or becomes publicly available, or was lawfully in the possession of a Party to this Agreement free of any restriction as to its use or disclosure prior to it being so disclosed; or following such disclosure, becomes legally available to a Party from a source other than Intuitive Insights or its agents, which source is not bound by any duty of confidentiality owed to Intuitive Insights in relation to such information.
Content means all information, data, text, software, graphics, images, audio, video, and other materials provided by us or our licensors in connection with the Services, including without limitation all reports, dashboards, visualizations, and insights generated through the Services.
Data Protection Laws means all applicable laws and regulations regarding the processing of Personal Data and privacy in Kenya, including but not limited to the Data Protection Act, 2019 (No. 24 of 2019), and any subsequent amendments or replacements.
Intellectual Property Rights means all intellectual property rights throughout the world, whether existing under statute or at common law or equity, now or in the future, including without limitation rights in any copyright, trademark, service mark, trade name, trade dress, patent, trade secret, confidential information, moral rights, or other proprietary intellectual property rights, including registrations, applications, renewals, and extensions of such rights.
Intuitive Insights means the data analytics and business intelligence solution developed and owned by Aliquot Limited.
Intuitive Insights Website means https://int-insights.com/
Order Form means the ordering document, proposal, or statement of work specifying the Services to be provided by Intuitive Insights KE, including any addenda, supplements, or amendments thereto.
Personal Data means any information relating to an identified or identifiable natural person as defined in the Data Protection Act, 2019 (No. 24 of 2019) of Kenya.
Intuitive Insights Platform refers to our proprietary data insight platform, tools, interfaces, dashboards, and software that enable you to access and use our Services for data collection, analysis, and insights generation.
Privacy Policy refers to the separate agreement that outlines how we collect, use, store, and protect personal and business data. It is incorporated into these Terms and Conditions by reference.
Professional Services means implementation, configuration, strategic consulting, training, and other professional services provided by Intuitive Insights KE as described in an Order Form.
Renewal Term means the period following the Initial Term during which Client's subscription to the Services automatically renews unless terminated in accordance with these Terms.
Services means the data insight services, Platform, content and Professional Services, offered through the Intuitive Insights platform, including but not limited to survey creation, distribution, data collection, analysis, and reporting.
Subscription refers to Client's right to access and use the Services during the Subscription Term according to a selected pricing tier.
Subscription Term means the period during which Client is entitled to receive the Services, including the Initial Term and any Renewal Terms.
Third-Party Applications means web-based, mobile, offline, or other software applications or services that interoperate with the Services and that are provided by third parties, including but not limited to those listed in the Documentation.
Usage Data means data collected by Intuitive Insights relating to Client's use of the Services, including without limitation metadata, statistical data, and performance data.
The headings in this Agreement do not affect its interpretation. Unless the context otherwise so requires:
In the case of conflict between any provision contained in the body of this Agreement and any provision contained in any schedule or other document, the provision in the body of this Agreement shall prevail.
This Agreement shall commence upon acceptance of these Terms and Conditions.
Before signing up with us, You should carefully read and understand this Agreement which will govern Your use of the Intuitive Insights Platform and Intuitive Insights’ provision of the Services to You.
By signing up to open Your Account with Intuitive Insights and/or by Your continued use of the Service, you will be deemed to have agreed and accepted to comply with this Agreement as may be amended by Intuitive Insights from time to time.
Intuitive Insights is a data analytics and business intelligence solution developed and owned by Aliquot Limited. We empower organizations to make data-driven decisions, enhance customer insights, perform product evaluations, and conduct thorough market research through quality surveys. We leverage artificial intelligence to deliver rapid insights, enabling businesses to enhance their corporate reputation, market positioning, and customer experience.
Intuitive Insights, a solution by Aliquot Limited, is a platform that empowers organizations to make data-driven decisions, enhance customer insights, perform product evaluation, and conduct thorough market research through quality surveys. Our platform allows users to create, distribute, and analyze surveys across various market segments including Retail, Financial Services, Healthcare, Hospitality, and NGOs.
Our Services utilize artificial intelligence technologies to analyze survey data and provide rapid insights that enable businesses to enhance their corporate reputation, market positioning, and customer experience. These AI-powered analytics are designed to identify patterns, trends, and actionable insights from survey responses.
We offer three service tiers (Basic, Premium, and Enterprise) with varying features and capabilities as detailed on our pricing page. The specific features available to you depend on the tier you have subscribed to.
To use our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old.
Intuitive Insights provides dedicated customer support to assist clients with inquiries, technical difficulties, and service-related concerns. Support is available through multiple channels, including email, phone, and live chat during business hours. Any reported issues will be acknowledged within 24 hours, and resolutions will be provided within a reasonable timeframe depending on the complexity of the issue.
We reserve the right to update customer support policies as necessary to improve service delivery.
Notwithstanding the above provisions, Intuitive Insights may at its absolute discretion but with prior notice of not less than thirty (30) days to You make changes or enhancements to features and functionality of its Platform at any time, provided that in exercising such discretion, Intuitive Insights may provide you with prior notice in writing setting out the proposed changes.
Intuitive Insights shall not be under an obligation to provide an update to its Platform or Services. If any updates are provided to You, then such updates shall be governed by these terms and conditions.
We offer the following subscription plans:
All payments are due at the time of subscription. We accept Bank Transfers and Money Transfers. Prices are subject to change, but changes will not affect the current subscription period. All payments are made to Aliquot Limited, the provider of Intuitive Insights KE.
Subscriptions automatically renew at the end of each subscription period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.
Refunds are available within 14 days of initial subscription if you have not created or launched any surveys. After this period or after using the Services, no refunds will be provided.
You shall:
You expressly agree and warrant not to use our Services to:
All survey content must comply with our content guidelines, which prohibit:
Intuitive Insights reserves the right, but not the obligation, to review any content transmitted through the Services and, in its sole discretion, to remove or disable access to content that violates these guidelines, without prior notice to the Client. Repeated or severe violations of these content guidelines may result in temporary or permanent suspension of your account, as further detailed in the Termination provisions of this Agreement.
We are committed to complying with all applicable anti-money laundering ("AML") and counter-terrorism financing laws and regulations. Users must not use our Services for any purpose that would violate these laws and regulations, including money laundering, terrorism financing, or other illegal activities.
We reserve the right to verify the identity of any User at any time. You agree to provide additional information and documents that we may request for the purposes of identity verification and compliance with AML regulations. Failure to provide such information may result in suspension or termination of your account.
We may monitor your use of our Services for suspicious or illegal activity. If we suspect that you are using our Services for money laundering, fraud, or other illegal activities, we may:
To prevent fraud and protect our users, we implement various security measures and fraud detection systems. By using our Services, you agree to cooperate with our fraud prevention efforts, including responding to requests for additional verification when suspicious activity is detected.
You are responsible for ensuring that your use of our Services complies with all applicable anti-money laundering and anti-fraud laws and regulations. You agree to:
You represent and warrant that:
Intuitive Insights maintains a Privacy Policy that is incorporated into this Agreement by reference. The Privacy Policy sets out the Client's rights and obligations with regard to personal information that may be collected, processed, stored, or transmitted in the course of the Client's application, registration, and use of the Platform, including any payments made in connection with the Intuitive Insights Platform and/or Services.
You acknowledge that in the course of the provision of the Services and signing for Your Account, Intuitive Insights shall collect, use and transmit certain personal information (“Personal Data”) for the purposes of verifying and completing the Payments and for such connected purposes.
By using the Services, You acknowledge that you have read, understood, and agree to be bound by the terms of the Privacy Policy.
Intuitive Insights reserves the right to update or modify the Privacy Policy from time to time. Any material changes to the Privacy Policy will be communicated to You through appropriate channels. Your continued use of the Services following notification of such changes constitutes acceptance of the updated Privacy Policy.
You are responsible for obtaining all necessary consents from survey respondents and providing appropriate privacy notices before collecting their data through our platform. You may only use respondent data for the purposes disclosed to respondents.
You shall comply with all applicable and prevailing data protection safeguards and legislation in force in Kenya and shall to the extent reasonably practicable protect the Respondent’s personally identifiable information or personal data from unauthorized disclosure.
We implement reasonable security measures to protect your data and survey responses. However, no security system is impenetrable, and we cannot guarantee the absolute security of your information.
We retain user data and survey responses for as long as necessary to provide our Services and comply with legal obligations. You may request deletion of your account and associated data as outlined in our Privacy Policy.
The Intuitive Insights platform, including its design, logos, artwork, features, enhancements, improvements, content, underlying technology, and artificial intelligence components, is owned by Aliquot Limited and is protected by copyright, trademark, and other intellectual property laws. You shall not and shall not permit others whether directly or indirectly, to:
You retain ownership of the content you create using our Services, including survey questions and designs. By uploading content to our platform, you grant Aliquot Limited a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content solely for the purpose of providing our Services to you.
If you provide feedback or suggestions regarding our Services, we may use such feedback without restriction or obligation to you.
You understand and acknowledge that the intellectual property rights contained in the Intuitive Insights Platform are integral to our commercial structure. Accordingly and by use of the Intuitive Insights Platform you agree that a breach of this clause shall be considered to be a material breach of this Agreement and Intuitive Insights shall be entitled to terminate this Agreement without notice to you and shall be entitled to take on any legal action as it shall deem appropriate including but not limited to the institution of civil and criminal proceedings against you.
You own all survey data collected through your account, subject to the rights granted to us in these Terms.
We may anonymize and aggregate survey data to improve our Services, develop new features, and generate industry insights. Such aggregated data will not identify you or your survey respondents.
Our analytics tools are provided as-is and are designed to help interpret survey results. We do not guarantee that these tools will meet specific business requirements or produce particular outcomes.
You may address any complaints about the Services or the Intuitive Insights Platform to [email protected] or [email protected] within fifteen (15) days from the date of the occurrence of the issue. However, for the purposes of rectification and efficient service delivery, we advise that you promptly issue any complaints that you may have regarding the Services or the Intuitive Insights Platform as soon as an issue arises.
Any complaint directed to Intuitive Insights through the appropriate channel set out above shall be addressed within a minimum period of Ten (10) to Fifteen (15) Business Days or such other period that may be prescribed to you in writing.
Intuitive Insights will maintain a customer care system to address any queries that you may have including a complaint handling procedure.
If you breach any of the provisions of either: (i) these Terms and Conditions; (ii) the Laws of Kenya and/or (iii) any other policies relating to your use of the Services, Intuitive Insights reserves the discretion to either suspend or freeze your access to the Services, and/or your Account until such breach is rectified.
We reserve the right to freeze and/or suspend any Accounts and Transactions which are either manifestly illegal, suspicious, or which a court of law or government authority has ordered be frozen.
If your Account has registered no transaction for a consecutive period of twenty-four (24) months, it shall be considered dormant and Intuitive Insights shall upon notification, suspend your Account unless some form of activity is registered by your Account. Prior to suspending your Account, Intuitive Insights shall notify you of its decision to suspend your Account no less than one month before the 12th month mark is reached that the account will be suspended unless there is some form of activity.
If no activity would have taken place when the 12th mark is reached, Intuitive Insights shall block your Account.
By using our Services, you acknowledge that we are under a legal obligation to disclose any information relating to any Transaction that may be manifestly illegal or part of an illegal transaction, information pertaining to its users as well as such other information as may be requested by a governmental authority in the course of compliance and such related purposes.
Accordingly, by using the Services, you hereby acknowledge and authorize Intuitive Insights to disclose such information as may be necessary to meet these obligations including details of your organization/company/entity/business, and such other information as may be required from time to time, for the purposes of meeting this obligation.
From time to time, Intuitive Insights may collect data and technical information from your device relating to your use of the Services and the Intuitive Insights Platform as set out in the Privacy Policy for the purposes of improving the provision of the Services and the Intuitive Insights Platform to you. By using the Services and the Intuitive Insights Platform you consent and authorize Intuitive Insights to collect such data and technical information.
You acknowledge that Intuitive Insights may retain your transaction data for a period of up to seven (7) years or as may be required by any law or regulation.
By using the Intuitive Insights Platform, you acknowledge that the platform is provided to you on an ‘as is’ basis, and Intuitive Insights hereby disclaims all warranties and conditions in respect of the Platform either express or implied including without limitation the implied warranties and conditions of merchantability, fitness for particular purpose, and accuracy. Intuitive Insights does not warrant that access to the Intuitive Insights Platform shall be uninterrupted, timely, secure, error free or that any defects or errors in the Intuitive Insights shall be corrected or that any information stored or transmitted through the Intuitive Insights Platform shall not be lost, corrupted or damaged.
To the extent not prohibited by law, Intuitive Insights shall not be liable for any loss of cash or funds due to: (i) forgery of personal information or other details; (ii) inaccurate information provided by you in the Intuitive Insights Platform; (iii) delays or failure of the Intuitive Insights Platform and any third-party integrated network or service utilised by the Intuitive Insights Platform for the purposes of facilitating a transaction; (iv) a security breach in the Intuitive Insights Platform; or (v) an event beyond the reasonable control of Intuitive Insights.
To the extent not prohibited by law, Intuitive Insights shall not be liable for any damages, loss of data, business interruption or other commercial damages whatsoever, arising out of or related to the use of the Intuitive Insights Platform, however caused, whether under contract, warranty, tort, product liability or otherwise, even if Intuitive Insights has been advised of the possibility of such damages.
Subject to the provisions of this clause 18, Intuitive Insights’ liability is only limited to direct and actual losses arising solely due to the willful misconduct and proven negligence by its employees and/or agents.
You shall be liable for all losses, liabilities, damages and bear all costs and expenses and will defend, indemnify and hold Intuitive Insights harmless from and against any claims, liabilities, losses or damages due in any way whatsoever (including legal fees and expenses) as a result of:
Unless where otherwise provided for under this agreement, neither party shall be held liable under this agreement with respect to any damages or losses that are consequential, incidental or indirect in nature.
Intuitive Insights’ maximum liability to you under this agreement shall be limited to the actual direct loss incurred by you.
This clause shall survive the termination of these terms and conditions.
You agree to indemnify, defend, and hold harmless Aliquot Limited, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your violation of any third-party rights.
You may terminate your account at any time by following the instructions on our website. Upon termination, you will lose access to our Services, and we may delete your account data after a reasonable period.
We may suspend or terminate your access to our Services at any time, with or without cause, and without prior notice if we believe you have violated these Terms.
Any termination of this Agreement under this clause will be without prejudice to any other rights or remedies of either Party under this Agreement or at law and will not affect any accrued rights or liabilities of either Party at the date of termination.
Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Each Party warrants that it will treat in confidence all Confidential Information which it acquires as a result of the operation of this Agreement and to afford it the same protection afforded to its own Confidential Information and will not reveal any Confidential Information to any third party without the written consent of the disclosing party, except where such information is already in the public domain, has been legally acquired by the third party, or where disclosure of the confidential information is ordered by a court or other competent authority.
Intuitive Insights may disclose Your Confidential Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with regulatory requirements; (b) legal process; (c) enforce the terms of this Agreement; (d) respond to claims that Your use of the Service violates the rights of third-parties; or (e) protect the rights, property, or personal safety of Intuitive Insights, its employees and/or agents; (f) to its personal advisers, lawyers and auditors; (g) for any other legitimate reason.
We will endeavour to resolve any dispute which arises between us through good faith negotiations within thirty (30) days of the notification of the dispute, failure to which a Party may refer the dispute to arbitration to be conducted under the provisions of the Rules of the Chartered Institute of Arbitrators of the UK, Kenya Branch (“Institute”). The arbitration shall be conducted by a single arbitrator (“Arbitrator”) to be appointed by agreement between the Parties or, failing agreement within 14 days of the notification by either Party to the other of the existence of a dispute, to be appointed by the Chairman of the Institute, on the application of either Party. The venue and seat of the arbitration shall be Nairobi. The award of the Arbitrator shall be final. The fees and expenses of the Arbitrator shall be borne by the Parties in equal shares. The arbitration shall be conducted in accordance with the Rules of the Institute. Nothing in this clause shall limit a Party’s right to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the Arbitrator.
No forbearance or delay by either Party in enforcing its respective rights will prejudice or restrict the rights of that Party and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
Unless where expressly provided, no remedy conferred by any provision of this Agreement is intended to be exclusive; each and every remedy shall be cumulative and in addition to every other remedy available.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
Intuitive Insights may vary and amend any of the terms of this Agreement at its sole discretion upon notice.
Nothing shall be construed as constituting a partnership between the Parties or as constituting a Party as the agent of the other for any purpose except as specified by this Agreement.
This Agreement shall be governed by and construed in accordance with the Laws of Kenya.
No term of this Agreement is intended to confer a benefit on or to be enforceable by, any person who is not a Party to this Agreement.
You shall not be entitled to assign or transfer this Agreement or any rights or obligations hereunder without the prior consent in writing of Intuitive Insights. Intuitive Insights shall be entitled to assign or transfer this Agreement or any rights or obligations arising under it upon written notice to You.
Nothing in this Agreement shall be construed as restricting Intuitive Insights from contracting with other persons to use the Intuitive Insights Platform for provision of similar services provided by Intuitive Insights under this Agreement.
Neither Party will be liable to the other Party for any delay in or failure to perform its obligations as a result of any cause beyond its reasonable control, including but not limited to fires, strikes (of its own or other employees), insurrection, riots, embargoes, shortages, wrecks or delays in transportation, pandemics, epidemics, natural disasters, inability to obtain supplies and raw materials or requirements of any civil or military authority or failure of communication links beyond the reasonable control of either Party.