TERMS OF USE AND ACCEPTABLE USE POLICY

PRIV BUILDS PLATFORM

Design Masters Studio Limited t/a “PRIV Builds”

Last Updated: 12 October 2026

PREAMBLE

These Terms of Use and Acceptable Use Policy (the “Terms”) govern access to and use of the PRIV Builds construction/project-management platform, including all associated applications, software, databases, networks, servers, and services (collectively, the “Platform”) operated by Design Masters Studio Limited, trading as “PRIV Builds” (“PRIV Builds”, “we”, “us”, or “our”).

These Terms constitute a legally binding agreement between you (“User”, “you”, or “your”) and PRIV Builds. By clicking the “I Accept”, “I Agree”, “Continue”, or similar button, or by accessing or using the Platform in any manner, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms.

1. ACCEPTANCE OF TERMS AND FORMATION OF CONTRACT

1.1 Click-Wrap Acceptance

1.1.1 By clicking the acceptance button presented at the point of registration, login, or first access to the Platform, you manifest your assent to these Terms by a clear affirmative action, constituting valid acceptance for the purposes of contract formation.

1.1.2 You acknowledge that your click constitutes an electronic signature and that these Terms constitute a valid and binding agreement enforceable against you in accordance with the laws of the Republic of Kenya.

1.1.3 In accordance with section 83J of the Kenya Information and Communications Act (Cap. 411A) (“KICA”), an offer and acceptance may be expressed by means of electronic messages, and this Agreement shall not be denied validity or enforceability solely on the ground that it was formed electronically.

1.1.4 You acknowledge that clicking the acceptance button constitutes your express, unequivocal, free, specific, and informed indication of your wishes to be bound by these Terms.

1.2 Capacity to Contract

1.2.1 By accepting these Terms, you represent and warrant that: you are at least eighteen (18) years of age; you have the legal capacity to enter into a binding contract; you are accessing the Platform in your capacity as an employee, officer, contractor, consultant, or authorised representative of an organisation using the Platform; and you have the authority to bind yourself and, where applicable, the entity on whose behalf you are accessing the Platform.

1.2.2 If you are accessing the Platform on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

1.3 Electronic Records

1.3.1 You consent to the use of electronic records and electronic signatures for the purposes of these Terms and all related transactions.

1.3.2 A copy of these Terms shall be made available to you for download or printing upon acceptance. In accordance with section 44(2)(b) of the Consumer Protection Act, 2012 (Cap. 501) (“CPA”), where a consumer agreement is in writing, the supplier must provide the consumer with a free copy, or free electronic access to a copy, of the terms and conditions.

1.4 Amendments

1.4.1 PRIV Builds reserves the right to amend these Terms from time to time. Material amendments shall be notified to you through the Platform or by email not less than fourteen (14) days before they take effect.

1.4.2 Your continued use of the Platform after the effective date of any amendment constitutes acceptance of the amended Terms.

1.4.3 If you do not agree to any amendment, you must cease using the Platform and notify PRIV Builds in writing.

2. DEFINITIONS AND INTERPRETATION

2.1 Definitions

In these Terms, unless the context otherwise requires:

“Act” means the Data Protection Act, 2019 (Cap. 411C).

“Applicable Data Protection Law” means the Act, the Data Protection (General) Regulations, 2021, the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021, Article 31 of the Constitution of Kenya, 2010, and any other binding Kenyan law relating to Processing of Personal Data.

“Business Day” means a day other than a Saturday, Sunday or public holiday in the Republic of Kenya.

“Data Controller”, “Data Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Processing” and “Sensitive Personal Data” shall have the meanings assigned to them by the Act.

“Platform Data” means Personal Data: provided or uploaded to the Platform by or on behalf of a User; generated through use of the Platform; contained in records supplied by Users or their organisations; or otherwise Processed by PRIV Builds in connection with the Platform.

“Restricted Personal Data” means a contractual security classification for Personal Data requiring enhanced safeguards, including national identification numbers, identification-document images, authentication credentials, access or refresh tokens, financial approval information, worker photographs, site-security records, and any other category classified by PRIV Builds in writing as restricted.

“Services” means the construction/project-management Platform and associated services supplied by PRIV Builds.

2.2 Interpretation

2.2.1 References to “clauses” are references to clauses of these Terms.

2.2.2 The singular includes the plural and vice versa.

2.2.3 Headings are for convenience only and shall not affect interpretation.

3. PRIVACY AND DATA PROTECTION

3.1 Roles of PRIV Builds

3.1.1 PRIV Builds is the Data Controller in respect of account, usage, and Platform security data.

3.1.2 Where PRIV Builds Processes Personal Data on behalf of a User’s organisation, PRIV Builds acts as a Data Processor and the User’s organisation is the Data Controller.

3.1.3 PRIV Builds shall Process Platform Data in accordance with Applicable Data Protection Law and these Terms.

3.2 Lawful Basis for Processing

3.2.1 PRIV Builds shall determine and document the lawful basis for collection and Processing of Platform Data.

3.2.2 Consent shall not be treated as the default lawful basis where another lawful basis applies.

3.2.3 Where consent is relied upon, it shall be obtained in accordance with the Act and the Data Protection (General) Regulations, 2021, and must be express, unequivocal, free, specific, and informed.

3.3 Categories of Personal Data Processed

3.3.1 The Platform may Process the following categories of Personal Data: Identity and contact data: name, role, work email, work telephone number; User-account data: user ID, role, permission, authentication metadata; Authentication material: password hashes, MFA secrets, access/refresh tokens; Workforce records: attendance, rosters, daywork sheets, plant/work allocation records; National identification information: national ID number and authorised identity-document information; Worker/site photographs: photographs appearing in authorised project records; Project records: daily logs, RFIs, submittals, claims, EOT records, variations, project correspondence and attachments; Financial/project approval data: approval identity, payment application workflow and decision history; Audit records: login events, permission changes, administrative events, actor IDs and security events; Sensitive information incidentally appearing in documents: health or other statutorily sensitive information.

3.4 Data Residency

3.4.1 Unless otherwise agreed in writing, PRIV Builds shall host and store Platform Data within the Republic of Kenya, including: the primary Platform database; object storage; application workloads that materially Process Platform Data; cache and job-queue infrastructure containing Platform Data; primary backup copies; and disaster-recovery copies containing Platform Data.

3.5 Cross-Border Transfers

3.5.1 PRIV Builds shall not transfer Platform Data outside Kenya except: where the transfer is identified and approved in writing; where it is lawful under sections 48 and 49 of the Act and Part VII of the General Regulations; where the recipient is contractually bound to provide appropriate protection; where the transfer has been documented; and where the relevant User or organisation has been informed of the relevant recipient and jurisdiction.

3.6 Data Subject Rights

3.6.1 PRIV Builds is responsible for responding to requests from Data Subjects to access, correct, delete, or otherwise exercise their rights in respect of Platform Data.

3.6.2 Where PRIV Builds directly receives a Data Subject request, PRIV Builds shall acknowledge receipt where appropriate, make a substantive determination where authorised, and forward the request to the relevant organisation without undue delay and ordinarily within two (2) Business Days.

3.7 Personal Data Breaches

3.7.1 Where PRIV Builds becomes aware of a Personal Data Breach involving Platform Data, PRIV Builds shall notify the relevant organisation without delay and, where reasonably practicable, within forty-eight (48) hours of becoming aware of the Personal Data Breach.

3.7.2 PRIV Builds shall preserve relevant forensic evidence and shall not destroy relevant security logs or incident records merely for the purpose of remediation.

3.8 Your Obligations as a User

3.8.1 You shall: access Platform Data only to the extent necessary for the performance of your duties; not attempt to re-identify any individual from anonymized data; not combine anonymized data with other datasets; not use Platform Data for any purpose other than the Services; not disclose Platform Data to any third party without express written consent from PRIV Builds; comply with all applicable security and confidentiality obligations; report any suspected Personal Data Breach to PRIV Builds immediately; and complete any data protection training required by PRIV Builds.

4. ACCEPTABLE USE POLICY

4.1 Permitted Use

4.1.1 The Platform is provided solely for the administration and management of projects, including: project records; daily site records; authorised workforce records; correspondence; RFIs and submittals; payment-related project records; claims and extension-of-time documentation; variations; site photographs; authorised reporting; and Platform security and audit activities.

4.2 Prohibited Conduct

4.2.1 You shall not: use the Platform for any purpose other than the Services; use Platform Data for advertising, marketing, sale, commercialisation, unrelated analytics, benchmarking, development of unrelated products, training or fine-tuning general-purpose AI models, unrelated profiling, or any purpose incompatible with these Terms; attempt to gain unauthorised access to any part of the Platform, other users’ accounts, or any systems or networks connected to the Platform; introduce any virus, malware, or other harmful code to the Platform; interfere with or disrupt the integrity or performance of the Platform; attempt to probe, scan, or test the vulnerability of the Platform or any related system or network; breach or attempt to breach any security or authentication measures; use any automated system, including “robots”, “spiders”, or “offline readers”, to access the Platform in a manner that sends more request messages to the Platform servers than a human can reasonably produce; collect or harvest any personally identifiable information from the Platform; impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity; use the Platform in any manner that violates any applicable law or regulation; download, extract, copy, or otherwise transfer Platform Data outside the controlled data environment without prior written authorisation; attempt to re-identify any individual from anonymized data; or combine anonymized data with other datasets.

4.3 Security Obligations

4.3.1 You shall: maintain the confidentiality of your login credentials; not share your login credentials with any other person; notify PRIV Builds immediately of any unauthorised use of your account or any other breach of security; use multi-factor authentication where required; ensure that your devices meet the minimum-security requirements specified by PRIV Builds; not install any unauthorised software on devices used to access the Platform; and comply with all security policies and procedures notified to you by PRIV Builds.

4.4 Reporting Obligations

4.4.1 You shall promptly report to PRIV Builds: any suspected or actual Personal Data Breach; any unauthorised access to or use of Platform Data; any loss or theft of devices containing Platform Data; any suspected or actual security incident; and any violation of these Terms by any other User.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership

5.1.1 The Platform, including all software, code, algorithms, user interfaces, designs, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and all other content made available through the Platform (excluding Platform Data), is the property of PRIV Builds or its licensors and is protected by Kenyan and international intellectual property laws.

5.1.2 Platform Data remains the property of the relevant User or organisation, as applicable.

5.2 Limited Licence

5.2.1 Subject to your compliance with these Terms, PRIV Builds grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the permitted purposes set out in clause 4.1.

5.2.2 This licence does not include any right to: reproduce, distribute, publicly display, or publicly perform the Platform or any content; modify or create derivative works of the Platform or any content; reverse engineer, decompile, or disassemble the Platform; remove any copyright, trademark, or other proprietary notices from the Platform; or use any data mining, robots, or similar data gathering or extraction methods.

5.3 Feedback

5.3.1 Any feedback, comments, or suggestions you provide regarding the Platform shall be the sole property of PRIV Builds, and PRIV Builds may use such feedback for any purpose without compensation to you.

6. AVAILABILITY, MAINTENANCE AND SUPPORT

6.1 Platform Availability

6.1.1 PRIV Builds shall use reasonable endeavours to make the Platform available twenty-four (24) hours a day, seven (7) days a week, subject to: scheduled maintenance; emergency maintenance; events beyond PRIV Builds’ reasonable control; and any limitations specified in these Terms.

6.1.2 PRIV Builds shall provide reasonable advance notice of scheduled maintenance where practicable.

6.2 Support

6.2.1 Support services shall be provided in accordance with these Terms and any applicable service level agreement.

6.2.2 You shall report any technical issues or faults to PRIV Builds through the designated support channels.

7. DISCLAIMERS

7.1 General Disclaimer

7.1.1 THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIV BUILDS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.1.2 PRIV BUILDS DOES NOT WARRANT THAT: THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; OR ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.

7.2 No Legal or Professional Advice

7.2.1 The Platform does not provide legal, financial, or professional advice. You should not rely on the Platform as a substitute for professional advice.

8. LIMITATION OF LIABILITY

8.1 Exclusion of Consequential Damages

8.1.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIV BUILDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM.

8.2 Cap on Liability

8.2.1 PRIV BUILDS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU OR YOUR ORGANISATION TO PRIV BUILDS UNDER THE APPLICABLE SERVICES AGREEMENT FOR THE SERVICES GIVING RISE TO THE CLAIM.

8.3 Statutory Rights

8.3.1 Nothing in these Terms limits or excludes: any liability for death or personal injury caused by negligence; any liability for fraud or fraudulent misrepresentation; any liability for gross negligence or wilful misconduct; any liability that cannot lawfully be limited or excluded under the Consumer Protection Act, 2012 (Cap. 501); or any statutory rights you may have as a consumer that cannot be waived.

8.4 Consumer Protection Rights

8.4.1 In accordance with section 45 of the CPA, no term of these Terms shall: defeat the purposes and policy of the CPA; mislead or deceive you; subject you to fraudulent conduct; waive or deprive you of a right under the CPA; or limit or exempt PRIV Builds from liability for any loss directly or indirectly attributable to gross negligence.

9. INDEMNIFICATION

9.1 Your Indemnity

9.1.1 You shall indemnify, defend, and hold harmless PRIV Builds, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: your breach of these Terms; your misuse of the Platform; your violation of any applicable law or regulation; or your infringement of any third-party rights.

9.2 Cooperation

9.2.1 You shall cooperate fully with PRIV Builds in the defense of any claim or action covered by this indemnification provision.

10. TERM AND TERMINATION

10.1 Term

10.1.1 These Terms shall commence on the date you first accept them and shall continue until terminated in accordance with this clause 10 or until your access to the Platform is terminated by PRIV Builds.

10.2 Termination by PRIV Builds

10.2.1 PRIV Builds may suspend or terminate your access to the Platform immediately, without notice, if: you breach any material term of these Terms; your access is no longer required for the Services; PRIV Builds is required to do so by law or regulatory requirement; or PRIV Builds determines that your continued access poses a security or legal risk.

10.3 Termination by You

10.3.1 You may terminate these Terms by ceasing all use of the Platform and notifying PRIV Builds in writing.

10.4 Effect of Termination

10.4.1 Upon termination: your licence to use the Platform shall immediately cease; you shall cease all use of the Platform; you shall return or securely delete all Platform Data in your possession or control, unless retention is required by law; and clauses concerning confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, governing law, and any rights accrued before termination shall survive.

11. CONFIDENTIALITY

11.1 Obligations

11.1.1 You shall maintain the confidentiality of all Platform Data and any other confidential information you receive through the Platform.

11.1.2 You shall not disclose confidential information to any third party without the express written consent of PRIV Builds.

11.2 Exceptions

11.2.1 The confidentiality obligation shall not apply to information that: is already in the public domain at the time of disclosure; becomes part of the public domain through no fault of yours; is required to be disclosed by law, regulation, or court order, provided that you give prompt written notice to PRIV Builds before such disclosure; or is disclosed to you by a third party who has the legal right to make such disclosure.

11.3 Survival

11.3.1 The obligations of this clause 11 shall survive the termination of these Terms.

12. GOVERNING LAW AND JURISDICTION

12.1 Governing Law

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

12.2 Jurisdiction

12.2.1 The courts and competent tribunals of Kenya shall have exclusive jurisdiction in respect of disputes arising from these Terms.

12.3 Regulatory Powers

12.3.1 Nothing in these Terms excludes or limits the lawful powers of any competent public authority.

13. GENERAL PROVISIONS

13.1 Entire Agreement

13.1.1 These Terms constitute the entire agreement between you and PRIV Builds with respect to your access to and use of the Platform and supersede all prior or contemporaneous agreements, whether written or oral.

13.2 Severability

13.2.1 If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions.

13.3 Waiver

13.3.1 No failure or delay by PRIV Builds in exercising any right under these Terms shall constitute a waiver of that right.

13.4 Assignment

13.4.1 You may not assign or transfer your rights or obligations under these Terms without the prior written consent of PRIV Builds.

13.4.2 PRIV Builds may assign or transfer its rights or obligations under these Terms without your consent.

13.5 No Third-Party Beneficiaries

13.5.1 These Terms do not create any third-party beneficiary rights.

13.6 Notices

13.6.1 All notices under these Terms shall be in writing and shall be delivered by hand, mailed by registered or certified mail, or sent by email to the respective addresses of the parties.

Notices to PRIV Builds:

Address: P.O. Box 34217 - 80118, Mombasa

Email: privacy@priv.build

Notices to You:

To the email address associated with your Platform account.

13.7 Force Majeure

13.7.1 PRIV Builds shall not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, epidemics, pandemics, government actions, or failures of third-party service providers.

14. ACCEPTANCE

BY CLICKING THE “I ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT:

1. You have read and understood these Terms.
2. You agree to be bound by these Terms.
3. You consent to the processing of your Personal Data in accordance with these Terms and Applicable Data Protection Law.
4. You understand that your click constitutes a legally binding electronic signature.
5. You have the authority to enter into this Agreement.