Mytochondria

1. Use of Website

Our website and digital services are provided for lawful purposes, including accessing information about Mytochondria, engaging with our agricultural technology services, making payments, participating in campaigns and communicating with our organisation.

1.1 Eligibility and age restriction

You must be at least eighteen (18) years old to register, create an account, make a donation, purchase or subscribe to services, or use any account-based functionality.

Individuals under 18 are strictly prohibited from registering for or using our services.

By using our services, you represent and warrant that you are at least eighteen (18) years of age, have legal capacity to enter into these Terms and are authorised to provide any information submitted to us.

1.2 Permitted use

You agree not to:

• Use our website or services for unlawful, fraudulent or deceptive purposes.
• Attempt to gain unauthorised access to accounts, systems, databases or restricted areas.
• Interfere with the operation, security or availability of our platforms.
• Introduce malicious code, viruses, malware or harmful software.
• Use automated systems, bots, crawlers or scraping tools to extract information without our prior written authorisation.
• Reverse engineer, decompile, disassemble or attempt to reproduce our software, systems or proprietary technology except where expressly permitted by applicable law.
• Copy, redistribute, resell or commercially exploit our services without written permission.
• Impersonate another individual or misrepresent your identity or authority.
• Upload unlawful, misleading, defamatory, infringing or otherwise harmful material.
• Use our platforms in a manner that infringes the rights of another person or organisation.

1.3 Account registration

Certain services may require registration and the creation of a user account. You agree to provide accurate, current and complete information and to keep your account information updated.

You are responsible for maintaining the confidentiality of your credentials and for activities conducted through your account, except to the extent that applicable law provides otherwise.

You must notify us promptly if you suspect that your account has been compromised, accessed without permission or used fraudulently.

1.4 No guarantee of uninterrupted access

We may update, maintain, modify, suspend or discontinue any part of our website or services where reasonably necessary for maintenance, security, operational improvements, legal compliance or other legitimate business reasons.

2. Donations & Payments

Mytochondria may offer paid services, subscriptions, agricultural technology solutions, programme participation opportunities, donations and fundraising campaigns.

2.1 Donations

Donations made through our website are voluntary contributions intended to support the stated fundraising campaigns, programmes or organisational objectives.

Unless expressly stated otherwise, a donation does not constitute an equity investment, loan, deposit, purchase of shares, ownership interest, partnership or entitlement to financial returns from Mytochondria.

Donors do not acquire ownership, governance rights or an entitlement to company profits merely by making a donation.

We will use donations in accordance with the relevant campaign description and applicable legal obligations. Where circumstances materially affect a campaign's intended purpose, we may take reasonable steps to redirect or otherwise manage the contribution consistently with the campaign terms and applicable law.

2.2 Payment processing

Payments may be processed by third-party providers, including Flutterwave or other payment services made available on our platforms.

Your use of those services may also be subject to the payment provider's own terms, conditions and privacy policies.

Mytochondria is not responsible for independent payment-provider systems, processing delays, bank restrictions, network interruptions or failures outside our reasonable control. This does not exclude liability that cannot lawfully be excluded.

2.3 Payment authorisation and verification

By submitting a payment, you confirm that:

• You are legally authorised to use the selected payment method.
• The payment and billing information you provide is accurate.
• You have permission to use the relevant card, account or payment instrument.
• The transaction is not fraudulent, unlawful or intended to facilitate financial misconduct.

We reserve the right to investigate suspicious transactions, request reasonable verification, delay processing where necessary or reject transactions where fraud, unauthorised activity or legal restrictions are reasonably suspected.

2.4 Refunds and cancellations

Refunds, cancellations and payment reversals will be handled in accordance with the applicable service agreement, campaign terms, payment-provider procedures and mandatory consumer-protection laws.

Donations are generally intended as voluntary contributions and are not automatically refundable merely because a donor changes their mind. However, this does not remove any refund or cancellation rights required by applicable law, including where a transaction was unauthorised, processed incorrectly or otherwise qualifies for a legally required remedy.

For paid services, any applicable refund, cancellation, renewal and cooling-off conditions will be communicated in the relevant offer or service agreement.

2.5 Subscription and recurring payments

Where a service is offered on a recurring subscription basis, the applicable price, billing interval, renewal conditions and cancellation process will be disclosed before the subscription is confirmed.

You authorise applicable recurring charges where you expressly subscribe to such a service. You may request cancellation in accordance with the subscription terms, subject to outstanding payment obligations and applicable law.

2.6 Taxes and charges

Prices, transaction charges and applicable taxes will be communicated where relevant. You are responsible for taxes or duties applicable to your purchase where the law places that responsibility on you.

3. Intellectual Property

Unless expressly stated otherwise, all intellectual property rights in our website, platforms, software, proprietary technology, branding, business materials and original content are owned by or licensed to Mytochondria Investments Limited.

This includes, without limitation:

• Our name, logos, trademarks, brand identity and visual materials.
• Website designs, layouts, graphics and original written content.
• Software, source code, databases and platform architecture.
• Proprietary analytical methods, workflows and agricultural assessment methodologies.
• Original reports, models, documentation and other proprietary materials.
• Original compilations, arrangements and presentations of geospatial and agricultural information.

3.1 Restrictions on use

You may not, without our prior written consent:

• Copy, reproduce, distribute or republish proprietary materials for commercial purposes.
• Modify, adapt, translate or create derivative works from our proprietary software or content.
• Remove copyright notices, trademarks or other proprietary notices.
• Sell, sublicense, lease or commercially exploit our platforms or proprietary materials.
• Use our branding in a manner that implies an unauthorised partnership, endorsement or affiliation.
• Attempt to extract or reproduce protected source code, algorithms, system architecture or proprietary analytical processes.

3.2 Limited licence to users

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use our website and services for their intended lawful purposes.

This licence does not transfer ownership of any intellectual property to you. It automatically terminates if your access rights are lawfully terminated.

3.3 User-submitted content and information

You retain ownership of information, documents, photographs, farm records and other materials that you lawfully own and submit to our platforms.

By submitting such material, you grant Mytochondria a limited, non-exclusive, royalty-free licence to host, store, process, reproduce and use that material only to the extent reasonably necessary to provide, maintain, secure and improve the services, fulfil agreed programme obligations or comply with applicable law.

You represent that you have the necessary rights, permissions and authority to submit the information and that doing so does not unlawfully infringe another person's rights.

We do not acquire ownership of your farm, land, personal agricultural records or independently owned information merely because you use our services.

3.4 Third-party intellectual property

Certain maps, satellite imagery, datasets, software components and other materials used in our services may be owned or licensed by third parties. Their use remains subject to the applicable third-party licences and terms.

4. Liability Disclaimer

Our website and services are provided using reasonable care and skill, subject to these Terms and applicable law. However, certain limitations are necessary because digital, satellite-based and agricultural services depend on data, infrastructure and environmental conditions that may be outside our control.

4.1 Agricultural and technical information

Mytochondria provides Earth Observation, satellite-based agricultural intelligence, geospatial analysis, soil and environmental assessments and related decision-support information.

Our assessments, estimates, indicators, recommendations and reports are intended to support informed agricultural and land-management decisions. They are not guarantees of agricultural, financial or environmental outcomes.

Satellite-derived observations, geospatial models and analytical outputs may be affected by image resolution, atmospheric conditions, cloud cover, seasonal changes, data availability, model limitations, input quality and other technical factors.

Unless expressly stated in a separate written agreement, our digital assessments do not constitute certified laboratory soil tests, legal land surveys, engineering certifications or guaranteed measurements of every physical characteristic of a field.

Agricultural recommendations should be considered alongside relevant local conditions, professional agronomic advice, laboratory testing where appropriate and the user's own knowledge and judgement.

Mytochondria does not guarantee crop yields, profitability, rainfall, market prices, soil restoration, water availability or any other agricultural outcome.

4.2 Availability and technical interruptions

We do not guarantee that our website, applications, platforms or services will always be available, uninterrupted, error-free or compatible with every device, network or operating environment.

Services may be temporarily unavailable due to maintenance, upgrades, cybersecurity incidents, telecommunications failures, cloud infrastructure interruptions, third-party service failures or events beyond our reasonable control.

4.3 Third-party data and infrastructure

Our services may rely on satellite imagery, external datasets, cloud infrastructure, mapping services, telecommunications networks and other third-party technologies.

We do not own or control all such infrastructure or source data and cannot guarantee its continuous availability, completeness, accuracy or suitability for every purpose.

4.4 Limitation of liability

To the maximum extent permitted by applicable law, Mytochondria shall not be liable for indirect, incidental, special, punitive or consequential losses, including:

• Loss of anticipated profits, revenue or business opportunities.
• Loss of anticipated agricultural yields or production.
• Loss of anticipated savings or expected investment returns.
• Loss of data arising from circumstances beyond our reasonable control.
• Business interruption or loss of goodwill.
• Decisions made solely in reliance on estimates, forecasts or recommendations without appropriate independent assessment.

Where liability cannot lawfully be excluded, our liability shall be limited only to the extent permitted by applicable law. Nothing in these Terms excludes or restricts liability for fraud, fraudulent misrepresentation, wilful misconduct or any other liability that cannot legally be excluded or limited.

Nothing in this section removes mandatory consumer rights or statutory remedies available to you under applicable law.

4.5 Independent decision-making

You remain responsible for evaluating the suitability of information and recommendations for your particular circumstances before taking action.

To the extent permitted by law, Mytochondria is not responsible for losses resulting from decisions made without appropriate consideration of local conditions, professional advice or relevant supporting information.

5. Third-Party Links

Our website or services may contain links, integrations or references to third-party websites, platforms, payment providers, technology services and other external resources.

These third-party services are operated independently of Mytochondria. We do not control their content, availability, security practices, privacy policies or terms of use.

Your access to and use of third-party services is governed by the relevant provider's terms, conditions and privacy policies.

The inclusion of a link or reference does not necessarily constitute an endorsement, partnership, guarantee or recommendation by Mytochondria.

We encourage users to review applicable third-party terms and privacy notices before submitting personal information or completing transactions.

6. User Responsibilities

By accessing or using our services, you agree to act lawfully, responsibly and in good faith.

6.1 Accuracy of information

You are responsible for ensuring that information you provide is accurate, complete and not misleading.

You must have the necessary ownership, authority, permission or lawful basis to submit farm locations, land information, field boundaries, soil results, agricultural records and other information relating to third parties.

You must not knowingly submit fabricated, manipulated, fraudulent or misleading data intended to compromise our services or produce deceptive results.

6.2 Account security

You are responsible for protecting your account credentials and limiting access to authorised persons. You must notify us promptly of suspected unauthorised account activity.

6.3 Lawful use and prohibited conduct

You must not use our services to violate any applicable law, infringe intellectual property, compromise another user's privacy, interfere with our infrastructure or facilitate fraudulent activity.

6.4 Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Mytochondria Investments Limited, its directors, officers, employees and authorised representatives against third-party claims, losses, liabilities, damages and reasonable legal costs arising directly from:

• Your material breach of these Terms.
• Your unlawful, fraudulent or intentionally misleading conduct.
• Your infringement of another person's intellectual property, privacy or other legal rights.
• Your submission of information or materials that you were not authorised to provide.
• Your misuse of our website, platforms or services.

This obligation does not apply to the extent that a claim arises from Mytochondria's own negligence, wilful misconduct, breach of law or other conduct for which indemnification cannot legally be required.

6.5 Suspension and termination

We reserve the right to suspend, restrict or terminate access to an account or service where we reasonably believe that:

• The user has materially breached these Terms.
• The account is being used fraudulently or unlawfully.
• There is a security risk or suspected unauthorised access.
• The user is under the age of 18.
• Continued access could expose Mytochondria, other users or third parties to legal, operational or security risks.
• Suspension or termination is required by law or a competent authority.

Where reasonably practicable and legally permissible, we will provide notice and an opportunity to address the relevant issue before terminating access.

We may immediately restrict access where necessary to prevent fraud, protect security, comply with law or prevent material harm.

Termination does not extinguish payment obligations, accrued rights or provisions which by their nature are intended to survive termination.

7. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Zambia.

Subject to mandatory statutory rights and applicable dispute resolution procedures, disputes arising from or relating to these Terms shall be submitted to the competent courts of the Republic of Zambia.

7.1 Dispute resolution

Before commencing formal legal proceedings, the parties are encouraged to attempt to resolve disputes through good-faith discussions and written communication.

Nothing in this provision prevents either party from seeking urgent legal relief, reporting unlawful conduct to the relevant authorities or exercising a statutory right to bring proceedings.

8. Service Modifications

Mytochondria may modify, enhance, replace, discontinue or introduce features, products and services from time to time to reflect technological developments, business requirements, security considerations or legal obligations.

Where a modification materially affects a paid service or an existing contractual commitment, we will take reasonable steps to communicate the change and address any rights arising under the relevant agreement or applicable law.

9. Force Majeure

Mytochondria shall not be responsible for delay or failure to perform obligations to the extent caused by circumstances beyond its reasonable control.

Such circumstances may include natural disasters, severe weather events, droughts, floods, epidemics, pandemics, war, civil unrest, government restrictions, power failures, telecommunications outages, cyber incidents, satellite service disruptions, cloud infrastructure failures and interruptions affecting essential third-party services.

We will take reasonable steps to mitigate the impact of such events and resume affected services where practicable.

10. No Waiver

Failure or delay by Mytochondria in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

A waiver shall only be effective where expressly made in writing by an authorised representative of Mytochondria.

11. Severability

If any provision of these Terms is determined by a competent court or authority to be unlawful, invalid or unenforceable, that provision shall be limited or severed to the extent necessary.

The remaining provisions shall continue in effect to the extent that they remain lawful and enforceable.

12. Entire Agreement and Separate Agreements

These Terms, together with our Privacy Policy and any applicable service-specific terms, constitute the agreement governing your general use of our website and services.

Certain services, institutional engagements, enterprise arrangements, partnerships and programme engagements may be subject to separate written agreements.

Where a separate written agreement expressly governs a particular service or relationship, its applicable provisions shall prevail over inconsistent general provisions of these Terms to the extent of the conflict.

13. Changes to These Terms

We reserve the right to update these Terms periodically to reflect changes in our business, technology, services or legal obligations.

Updated Terms will be published on this page with a revised effective date.

Where required by law or where a material change affects an existing contractual relationship, we will provide appropriate notice and obtain any required acceptance or consent.

Your continued use of the services following an effective update may constitute acceptance where permitted by applicable law.

14. Contact

Questions, complaints or requests concerning these Terms may be directed to:

Mytochondria Investments Limited
Email: info@mytochondria.com

We will make reasonable efforts to review and respond to communications within an appropriate timeframe.

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