Terms and Conditions

Last updated: June 2026

These Terms and Conditions govern your use of Kyobi Email Marketing, a service provided by Kyobi Digital LTD ("we", "us", "our"), accessible at emailmarketing.co.ke.

1. Acceptance of Terms

By registering for and using Kyobi Email Marketing, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use the service.

2. Description of Service

Kyobi Email Marketing is a self-service email marketing platform that allows businesses to create, send, and track email campaigns. We provide infrastructure, tools, and support to help you communicate with your subscribers.

3. Account Registration

You must register for an account using a valid business email address. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.

4. Acceptable Use Policy

You agree NOT to use Kyobi Email Marketing to:

• Send unsolicited emails (spam) to recipients who have not opted in to receive communications from you
• Send content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Send content that infringes any intellectual property rights
• Distribute malware, viruses, or any other malicious code
• Harvest or collect email addresses without the consent of the owners
• Violate any applicable local, national, or international laws or regulations

5. Anti-Spam Policy

All email campaigns sent through our platform must comply with the CAN-SPAM Act, GDPR where applicable, and the Kenya Data Protection Act 2019. You must:

• Only send emails to subscribers who have explicitly opted in to receive communications from you
• Include a clear and functional unsubscribe mechanism in every email
• Honor unsubscribe requests promptly
• Include your valid physical postal address in every email
• Use accurate and non-deceptive subject lines

6. Subscription Plans and Payment

Kyobi Email Marketing is offered on a subscription basis. By subscribing to a plan, you agree to pay the applicable fees in Kenya Shillings (KES) as displayed on our pricing page. All fees are inclusive of VAT at 16%. Payments are processed through our supported payment gateways. Subscriptions are non-refundable except as required by law.

7. Plan Limits and Quotas

Each subscription plan comes with specific limits on subscribers, emails per month, and other features. Exceeding these limits may result in suspension of sending until the next billing period or an upgrade to a higher plan.

8. Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time if we determine that you have violated these Terms and Conditions, engaged in spam or abusive sending practices, or for any other reason at our discretion. We will endeavor to notify you before taking such action.

9. Data Protection

We are committed to protecting your personal data and the personal data of your subscribers in accordance with the Kenya Data Protection Act 2019. Please refer to our Privacy Policy for full details on how we collect, use, and protect data.

10. Intellectual Property

All content, trademarks, and intellectual property on the Kyobi Email Marketing platform belong to Kyobi Digital LTD. You retain ownership of the content you create and send through the platform.

11. Limitation of Liability

To the maximum extent permitted by law, Kyobi Digital LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service, including but not limited to loss of profits, data, or goodwill.

12. Service Availability

We strive to maintain high availability of our service but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where possible.

13. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. We will notify registered users of material changes by email. Continued use of the service after changes constitutes acceptance of the new terms.

14. Governing Law

These Terms and Conditions are governed by the laws of Kenya. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

15. Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

Kyobi Digital LTD
Nairobi, Kenya
Email: legal@emailmarketing.co.ke
Website: https://emailmarketing.co.ke