Terms of Service

1. Acceptance of Terms

By accessing or using the Elevatewebsite at stay-elevated.com (the "Site") or any services provided by Elevate, a division of Opengates Link Limited("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Site or our services.

These Terms constitute a legally binding agreement between you and Opengates Link Limited, governed by the laws of the Republic of Kenya. By using the Site, you represent that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms or policies referenced herein.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after modifications constitutes acceptance of the revised Terms. We will indicate the date of the most recent revision at the top of this page.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Site" refers to the website accessible at stay-elevated.com, including all pages, subdomains, and content therein.
• "Services" refers to the managed operations services offered by Elevate, including but not limited to customer support, back-office operations, data management, software development, IT support, and social media management.
• "User" or "you" refers to any individual or entity that accesses or uses the Site, whether as a visitor, prospective client, or talent applicant.
• "Client" refers to any business, organization, or individual that engages Elevate for service delivery under a separate written agreement.
• "Talent Applicant" refers to any individual who submits an application through our talent waitlist seeking professional engagement through Elevate.
• "Content" refers to all text, graphics, images, logos, trademarks, software, code, data, and other materials displayed on or available through the Site.
• "Engagement Agreement" refers to a separate written contract between a Client and Opengates Link Limited governing the specific terms, scope, pricing, and deliverables of a service engagement.

3. Services Overview

Elevate provides managed operations services, connecting enterprises with dedicated, professionally managed teams to handle operational functions. Our services include but are not limited to:

• Customer Support: Dedicated support teams across email, chat, phone, and social media channels, trained on your brand and processes.
• Back-Office Operations: Data entry, document processing, administrative coordination, and workflow management.
• Data Management: Research, analysis, cleansing, migration, and reporting services.
• Software Development & IT Support: Web and mobile application development, infrastructure management, and technical support.
• Social Media Management: Content creation, community engagement, scheduling, and analytics across social platforms.

The specific scope, deliverables, timelines, and pricing for any service engagement shall be defined in a separate Engagement Agreement. Information presented on the Site is for general informational purposes only and does not constitute a binding offer or commitment to deliver specific services.

4. Eligibility

To use our Site and services, you must:

• Be at least 18 years of age, in accordance with the Age of Majority Act (Cap. 33, Laws of Kenya).
• Have the legal capacity and authority to enter into a binding agreement under the laws of the Republic of Kenya and your jurisdiction of residence.
• If acting on behalf of a business or organization, have the authority to bind that entity to these Terms.
• Not be a person or entity subject to sanctions or trade restrictions under applicable Kenyan or international law.

By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.

5. User Obligations & Prohibited Conduct

You agree to use the Site only for lawful purposes and in accordance with these Terms. You shall not:

5.1 General Prohibitions

• Use the Site in any manner that violates any applicable law, regulation, or ordinance of the Republic of Kenya or any other jurisdiction.
• Use the Site in violation of the Computer Misuse and Cybercrimes Act, 2018 (Act No. 5 of 2018), including but not limited to unauthorized access, interception, or interference with computer systems.
• Transmit any material that is defamatory, obscene, threatening, or otherwise objectionable, or that infringes the rights of any third party.
• Submit false, misleading, or fraudulent information through any form on the Site.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

5.2 Technical Prohibitions

• Attempt to gain unauthorized access to any portion of the Site, its servers, databases, or any connected systems or networks.
• Transmit any viruses, worms, Trojan horses, ransomware, malware, or other harmful code.
• Interfere with or disrupt the integrity, performance, or availability of the Site or its underlying infrastructure.
• Use any automated means (bots, crawlers, scrapers, spiders) to access, collect, or harvest any data or content from the Site without our prior written consent.
• Attempt to reverse engineer, decompile, or disassemble any software or technology used in connection with the Site.
• Circumvent, disable, or otherwise interfere with any security or access control features of the Site.

5.3 Commercial Prohibitions

• Use the Site to advertise, promote, or sell products or services without our prior written consent.
• Use information obtained from the Site to contact, solicit, or advertise to any user or talent listed on the Site.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site for commercial purposes without our express written permission.

6. Contact Form & Service Inquiries

Our Site provides a contact form through which prospective clients and other visitors may submit inquiries regarding our services. By submitting a contact form, you acknowledge and agree that:

• Submission of an inquiry does not create a binding agreement, contract, or obligation on the part of Opengates Link Limited to provide any services.
• All information you provide must be accurate, current, and complete. You are responsible for any consequences arising from inaccurate or misleading information.
• We will use the information you provide to assess your needs and respond to your inquiry. Your data will be processed in accordance with our Privacy Policy.
• Upon submitting the form, you will receive an automated confirmation email via Microsoft Azure Communication Services. This email is transactional in nature and does not constitute a commitment to provide services.
• We aim to respond to all inquiries within 24 business hours but do not guarantee any specific response time.

Any service engagement arising from an inquiry shall be governed by a separate Engagement Agreement that will specify the full terms and conditions of the engagement.

7. Talent Waitlist

Our Site includes a talent waitlist through which professionals may express interest in joining our managed teams. By submitting a talent waitlist application, you acknowledge and agree that:

• Submission of an application does not guarantee placement, employment, engagement, or any form of contractual relationship with Opengates Link Limited or any of its clients.
• All applications are subject to review, verification, skills assessment, and matching based on current client needs and professional qualifications, at our sole discretion.
• We reserve the right to accept, decline, or waitlist any application without providing a reason.
• If selected for engagement, you will be subject to a separate agreement that will govern the terms of your professional relationship with us, including compensation, scope of work, confidentiality, and other relevant terms.
• Talent applicants are not employees of Opengates Link Limited unless expressly stated in a written employment contract. The relationship between Opengates Link Limited and talent is that of independent contractor unless otherwise agreed in writing.
• You represent that all information provided in your application is truthful, accurate, and not misleading. Any material misrepresentation may result in immediate disqualification or termination of engagement.

The talent waitlist application process is governed by the Employment Act, 2007 (Act No. 11 of 2007) and the Labour Relations Act, 2007 (Act No. 14 of 2007) of the Republic of Kenya insofar as applicable. Where talent applicants are located outside of Kenya, the laws of their jurisdiction may also apply, and any engagement will clearly specify the governing jurisdiction.

8. Service Engagements & Contractual Terms

All service engagements between Opengates Link Limited and its clients are governed by a separate Engagement Agreement. These Terms do not replace, override, or modify any Engagement Agreement. In the event of a conflict between these Terms and an Engagement Agreement, the Engagement Agreement shall prevail with respect to matters covered therein.

Each Engagement Agreement will typically address:

• Detailed scope of work, specific deliverables, and performance standards.
• Pricing, payment terms, invoicing schedule, and applicable taxes (including VAT as required under the Value Added Tax Act, 2013 of Kenya).
• Project timelines, milestones, and acceptance criteria.
• Confidentiality obligations and non-disclosure provisions.
• Intellectual property ownership and licensing terms.
• Termination conditions, notice periods, and wind-down procedures.
• Service level agreements (SLAs) and remedies for non-performance.
• Dispute resolution mechanisms specific to the engagement.

No services will commence until a mutually executed Engagement Agreement is in place. Verbal agreements or informal correspondence (including email exchanges) do not constitute a binding Engagement Agreement unless explicitly stated otherwise in writing signed by an authorized representative of Opengates Link Limited.

9. Intellectual Property Rights

All Content on the Site — including text, graphics, logos, trademarks, service marks, trade names, images, illustrations, software, code, data compilations, page layout, underlying source code, and software — is the property of Opengates Link Limited or its licensors and is protected by:

• The Industrial Property Act, 2001 (Act No. 3 of 2001) of Kenya — governing trademarks and patents.
• The Copyright Act, 2001 (Act No. 12 of 2001) of Kenya — governing original literary, artistic, and software works.
• The Trade Marks Act (Cap. 506, Laws of Kenya) — governing registered trade marks and service marks.
• Applicable international intellectual property treaties and conventions to which Kenya is a signatory, including the Berne Convention for the Protection of Literary and Artistic Works and the Paris Convention for the Protection of Industrial Property.

You may not:

• Reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content from the Site without our prior written permission.
• Use any trademarks, logos, or service marks displayed on the Site without our express written consent.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from Content on the Site.
• Use any Content from the Site for commercial purposes without a license agreement from Opengates Link Limited.

The "Elevate" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Opengates Link Limited. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

10. Confidentiality

In the course of using the Site or engaging with our services, you may receive or have access to confidential or proprietary information belonging to Opengates Link Limited, its clients, or its talent. You agree to:

• Maintain the strict confidentiality of all non-public information disclosed to you through the Site or during service inquiries.
• Not disclose, publish, or otherwise disseminate confidential information to any third party without our prior written consent.
• Use confidential information solely for the purpose for which it was disclosed.
• Notify us immediately if you become aware of any unauthorized disclosure or use of confidential information.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of yours; (b) was known to you prior to disclosure; (c) is independently developed by you without reference to confidential information; or (d) is required to be disclosed by law, regulation, or court order, provided you give us reasonable prior notice.

11. Disclaimer of Warranties

The Site and all Content thereon are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by the laws of the Republic of Kenya, including the Sale of Goods Act (Cap. 31, Laws of Kenya) and the Consumer Protection Act, 2012, we expressly disclaim all warranties, including but not limited to:

• Implied Warranties of Merchantability: We make no warranty that the Site or our services will meet your requirements or expectations.
• Fitness for a Particular Purpose: We make no warranty that the Site or any information thereon is suitable for any specific purpose.
• Non-Infringement: We make no warranty that the Site does not infringe the rights of any third party.
• Accuracy & Completeness: While we endeavor to keep information on the Site accurate and up-to-date, we do not warrant that the Content is complete, accurate, reliable, or error-free.
• Availability & Security: We do not warrant that the Site will be uninterrupted, error-free, free of harmful components (including viruses or malware), or that defects will be corrected within any specific timeframe.

Nothing in these Terms shall exclude or limit any warranty implied by law which it would be unlawful to exclude or limit under Kenyan law.

12. Limitation of Liability

To the maximum extent permitted by the laws of the Republic of Kenya, including the Law of Contract Act (Cap. 23, Laws of Kenya), Opengates Link Limited and its officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages.
• Loss of profits, revenue, business opportunities, data, or goodwill.
• Cost of procurement of substitute goods or services.
• Any damages arising from your use of or inability to use the Site.
• Any damages arising from unauthorized access to or alteration of your transmissions or data.
• Any damages arising from the conduct or content of any third party on or in connection with the Site.

In no event shall our total aggregate liability to you for all claims arising out of or related to these Terms or your use of the Site exceed the amount of Kenya Shillings Ten Thousand (KES 10,000) or the equivalent in your local currency.

The limitations of liability in this section apply regardless of the theory of liability, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and regardless of whether we have been advised of the possibility of such damages. Nothing in these Terms shall limit liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

13. Indemnification

You agree to indemnify, defend, and hold harmless Opengates Link Limited, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and legal costs) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Site other than as expressly authorized by these Terms.
• Your violation of any applicable law, rule, or regulation of the Republic of Kenya or any other jurisdiction.
• Any information you submit through the Site that is false, misleading, or infringes the rights of any third party.
• Your infringement or violation of any intellectual property or other right of any person or entity.
• Any claim by a third party arising from your use of the Site or services obtained through the Site.

This indemnification obligation shall survive the termination of these Terms and your use of the Site.

14. Force Majeure

Opengates Link Limited shall not be liable for any failure or delay in performance of its obligations under these Terms arising from or attributable to acts, events, or circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, strikes, lockouts, industrial disputes, government actions or sanctions, power failures, internet or telecommunications failures, cyberattacks, or the failure of any third-party service provider. In the event of a force majeure event, performance obligations shall be suspended for the duration of the event, and the affected party shall use reasonable efforts to mitigate its effects.

15. Third-Party Links & Services

The Site may contain links to third-party websites, platforms, or services that are not owned or controlled by Opengates Link Limited. These include but are not limited to:

• Opengates (opengates.app) — freelance marketplace operated by Opengates Link Limited
• Microsoft Azure — cloud and email infrastructure services
• Social media platforms and professional networks

We provide these links for your convenience and reference only. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. The inclusion of a link does not imply endorsement, sponsorship, or affiliation.

You acknowledge and agree that Opengates Link Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website. We strongly advise you to read the terms of service and privacy policy of every third-party site you visit.

16. Termination & Suspension

We reserve the right, at our sole discretion, to:

• Terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including if you breach any provision of these Terms.
• Remove, disable, or restrict access to any Content or functionality of the Site at any time without notice.
• Discontinue the Site or any part of it temporarily or permanently, with or without notice.

Upon termination:

• Your right to use the Site will immediately cease.
• We may delete any information associated with your inquiries or applications, subject to our data retention policies as described in our Privacy Policy and applicable Kenyan law.
• All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and governing law.

Termination of access to the Site does not affect any Engagement Agreement separately entered into between you and Opengates Link Limited, which shall be governed by its own termination provisions.

17. Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be resolved in the following manner:

17.1 Negotiation

The parties shall first attempt to resolve the dispute through good-faith negotiation. Either party may initiate negotiations by providing written notice to the other party describing the nature of the dispute. The parties shall make reasonable efforts to resolve the dispute within thirty (30) days of such notice.

17.2 Mediation

If the dispute is not resolved through negotiation within thirty (30) days, either party may refer the dispute to mediation in accordance with the Mediation Act, 2012 (Act No. 4 of 2012) of Kenya. The mediation shall be conducted by a qualified mediator agreed upon by the parties, or in the absence of agreement, appointed by the Chartered Institute of Arbitrators (Kenya Branch). The costs of mediation shall be borne equally by the parties unless otherwise agreed.

17.3 Arbitration

If the dispute is not resolved through mediation within sixty (60) days of the commencement of mediation proceedings, either party may refer the dispute to binding arbitration in accordance with the Arbitration Act, 1995 (Cap. 49, Laws of Kenya). The arbitration shall be conducted by a single arbitrator agreed upon by the parties or, in the absence of agreement, appointed by the Chartered Institute of Arbitrators (Kenya Branch). The seat of the arbitration shall be Nairobi, Kenya, and the language of the proceedings shall be English. The arbitrator's decision shall be final and binding on both parties.

17.4 Court Proceedings

Nothing in this section shall prevent either party from seeking urgent interim or injunctive relief from the High Court of Kenya at Nairobi, or any other court of competent jurisdiction, where such relief is necessary to prevent irreparable harm.

18. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles. The applicable laws include but are not limited to:

• The Constitution of Kenya, 2010
• The Law of Contract Act (Cap. 23, Laws of Kenya)
• The Sale of Goods Act (Cap. 31, Laws of Kenya)
• The Consumer Protection Act, 2012 (Act No. 46 of 2012)
• The Computer Misuse and Cybercrimes Act, 2018 (Act No. 5 of 2018)
• The Data Protection Act, 2019 (Act No. 24 of 2019)
• The Kenya Information and Communications Act, 1998
• The Industrial Property Act, 2001 (Act No. 3 of 2001)
• The Copyright Act, 2001 (Act No. 12 of 2001)
• The Employment Act, 2007 (Act No. 11 of 2007) — where applicable to talent engagements
• The Arbitration Act, 1995 (Cap. 49, Laws of Kenya)
• The Mediation Act, 2012 (Act No. 4 of 2012)

Subject to the dispute resolution provisions in Section 17 above, the courts of Nairobi, Kenya shall have exclusive jurisdiction over any legal proceedings arising out of or in connection with these Terms. You irrevocably submit to the jurisdiction of the Kenyan courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by any court or tribunal of competent jurisdiction in Kenya, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

20. Waiver

No waiver by Opengates Link Limited of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure of Opengates Link Limited to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Entire Agreement

These Terms, together with our Privacy Policy and any Engagement Agreements entered into between you and Opengates Link Limited, constitute the entire agreement between you and us regarding the use of the Site. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. For the avoidance of doubt, these Terms do not supersede any separately executed Engagement Agreement.

22. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without consent shall be null and void. Opengates Link Limited may freely assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate restructuring, or sale of assets.

23. Contact Us

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us:

For urgent legal matters, please mark your correspondence "ATTENTION: Legal Department" to ensure prompt handling.