Terms of Service

1 About UX Potential

UX Potential operates the web designer directory at uxpotential.co.ke (the “Site”). We are a Kenya-based digital directory service whose purpose is to connect Kenyan businesses with verified local web designers across all 47 counties.

These Terms of Service (the “Terms”) govern your use of the Site, whether you are a business owner browsing the directory, a designer submitting or managing a listing, or simply a visitor reading our editorial content. References to “UX Potential”, “we”, “us”, or “our” refer to the operator of uxpotential.co.ke.

References to “you” or “your” refer to any individual or organisation accessing the Site.

2 Eligibility and acceptance

By using this Site you confirm that:

• You are at least 18 years of age, or are accessing the Site under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.
• If you are acting on behalf of a business or organisation, you have the authority to bind that entity to these Terms.
• Your use of the Site does not violate any applicable Kenyan law or regulation.
• All information you provide to us — including listing submissions — is accurate, complete, and not misleading.

We reserve the right to refuse access to the Site to any person or entity at our sole discretion.

3 Using the directory

3.1 Free access for browsers

Browsing the UX Potential directory is free of charge. No account, registration, or payment is required to search for designers, view listings, or read editorial content. We reserve the right to introduce paid features in the future — any such features will be clearly labelled and governed by separate terms.

3.2 Intended use

The directory is provided to help Kenyan businesses find web design professionals. You may use the Site to search for designers, read guides and articles, compare options, and contact designers directly. You may not use the Site for any purpose other than its intended use without our prior written consent.

3.3 No endorsement of listed designers

Appearing in the UX Potential directory does not constitute an endorsement, recommendation, or guarantee by UX Potential of any designer’s quality, reliability, qualifications, or fitness for a particular purpose. See Section 8 and Section 10 for full disclaimers.

3.4 Contacting designers

When you contact a designer found through this directory, you enter into a direct relationship with that designer. UX Potential is not a party to any agreement, contract, or transaction between you and a listed designer. We are not responsible for the outcome of any engagement, the quality of any work delivered, or any dispute that may arise.

4 Listing submission rules

Designers and web design businesses may request a listing in the directory subject to the following requirements. Submitting a listing request constitutes your agreement to these rules.

By submitting a listing, you grant UX Potential a non-exclusive, royalty-free licence to display your business name, logo, description, portfolio images, contact information, and any other submitted content on the Site for the purpose of operating the directory.

5 Listing approval process

We manually review every listing request before it is published. This is not an automated system. The process works as follows:

We reserve the right to decline any listing request without giving reasons. Approval of a listing does not constitute a contract between UX Potential and the listed designer.

6 Prohibited conduct

The following conduct is strictly prohibited when using the Site. Violation may result in permanent removal from the directory and, where conduct constitutes a criminal offence, referral to relevant Kenyan authorities.

Automated scraping of the directory — whether for competitive intelligence, lead generation, or any other purpose — is expressly prohibited under these Terms and may constitute an offence under the Kenya Computer Misuse and Cybercrimes Act 2018.

7 Content and intellectual property

7.1 Our content

All editorial content on this Site — including articles, guides, comparison tools, the pillar pages, blog posts, graphics, diagrams, and the directory structure itself — is the intellectual property of UX Potential or is used under licence. This content is protected by Kenyan copyright law and international copyright conventions.

You may share, quote, or reference our content for personal, educational, or editorial purposes provided you include a clear attribution to UX Potential with a link to the original page. You may not reproduce substantial portions of our content, republish entire articles, or use our content for commercial purposes without our prior written permission.

7.2 Designer listing content

Designers who submit listing information retain ownership of their own content — their business name, description, logo, and portfolio images. By submitting a listing, you grant UX Potential a licence to display this content on the Site as described in Section 4. This licence continues for as long as your listing remains active and terminates when the listing is removed.

7.3 Third-party content

The directory contains links and references to third-party websites, tools, and resources. We do not claim ownership of any third-party content. References to external resources such as the Safaricom Daraja API documentation, KENIC, or Google PageSpeed Insights are provided as editorial references only.

7.4 Reporting infringement

If you believe any content on this Site infringes your copyright or other intellectual property rights, please notify us at legal@uxpotential.co.ke with a description of the allegedly infringing content and the basis for your claim. We will investigate and respond within 14 business days.

8 Accuracy of directory information

We make reasonable efforts to verify listing information before publication and to keep the directory accurate and up to date. However, we cannot guarantee that every listing is current, complete, or error-free. Businesses change — phone numbers, websites, services, and ownership can change after a listing is published.

Listing information is provided “as is” for informational purposes. Before engaging any designer found through this directory, you should independently verify:

• That their portfolio work is live, recent, and genuinely theirs
• That their contact details are current and they respond promptly
• That their services and pricing match your project requirements
• That a written contract is in place before any payment is made

UX Potential is not responsible for any loss, cost, or damage arising from your reliance on listing information that is inaccurate, outdated, or incomplete.

9 Third-party websites and designers

The Site contains links to external websites — including designer portfolio sites, Google Maps, government resources, and tools like Google PageSpeed Insights. These links are provided for convenience and information only. UX Potential does not control, endorse, or take responsibility for the content, privacy practices, or availability of any external website.

When you click a link to an external site, you leave UX Potential and are subject to that site’s own terms and privacy policies. We encourage you to review the terms of any external site you visit.

The designers listed in this directory are independent professionals or businesses operating entirely separately from UX Potential. Any agreement you enter into with a listed designer is solely between you and that designer. UX Potential:

• Is not a party to any contract between you and a designer
• Does not receive any commission or referral fee from designers for client work
• Does not supervise, manage, or guarantee the quality of any work produced
• Is not responsible for any deposit paid, loss suffered, or dispute arising from a designer relationship

10 Disclaimers and limitation of liability

10.1 No warranty

The Site and all content on it are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permitted by Kenyan law, UX Potential disclaims all warranties including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted, error-free, virus-free, or that any defects will be corrected. We do not warrant the accuracy, completeness, or suitability of any information on the Site for any particular purpose.

10.2 Limitation of liability

To the fullest extent permitted by the laws of Kenya, UX Potential, its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, loss of data, loss of business, or reputational damage — arising from your use of the Site or reliance on its content, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising from your use of the Site shall not exceed the amount you have paid to UX Potential in the 12 months preceding the claim. If you have not paid us anything, our total liability shall not exceed KES 5,000.

10.3 No professional advice

The editorial content on this Site — including articles on hiring web designers, pricing, contracts, legal considerations, and digital strategy — is provided for general informational purposes only. It does not constitute legal, financial, or professional advice. You should seek independent professional advice before making decisions based on our content.

11 Indemnification

You agree to indemnify, defend, and hold harmless UX Potential and its directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of or access to the Site in violation of these Terms
• Any false, misleading, or inaccurate information you submit to the Site, including listing submissions
• Your infringement of any intellectual property, privacy, or other rights of any third party
• Any dispute between you and a designer found through the directory
• Your violation of any applicable Kenyan law or regulation while using the Site

12 Suspension and termination

We reserve the right to suspend or permanently remove any listing, and to restrict or terminate any user’s access to the Site, at our sole discretion and without prior notice, where we reasonably believe that:

• A listing contains false, misleading, or harmful information
• A listed designer has defrauded, deceived, or caused significant harm to a client
• A user has violated any provision of these Terms
• A user has engaged in conduct that damages or threatens to damage the reputation or operation of UX Potential
• We have received credible complaints about a listed designer that we are unable to resolve
• We are required to do so by Kenyan law or court order

Removal of a listing does not entitle the designer to any compensation. Where we remove a listing due to verified fraud or misrepresentation, we will not restore it.

If you believe your listing has been removed in error, you may appeal by emailing listings@uxpotential.co.ke with your reasons. We will respond within 10 business days.

13 Governing law and disputes

These Terms of Service shall be governed by and construed in accordance with the laws of Kenya. Any dispute arising out of or in connection with these Terms — including any question regarding their existence, validity, or termination — shall be subject to the exclusive jurisdiction of the courts of Kenya.

Before initiating formal legal proceedings, we encourage you to contact us directly at legal@uxpotential.co.ke to attempt to resolve the dispute informally. We will acknowledge your complaint within 5 business days and work in good faith to find a resolution within 30 days.

14 Changes to these terms

We may update these Terms from time to time to reflect changes in our service, applicable law, or our business practices. When we make material changes, we will update the “Last updated” date at the top of this page.

For significant changes — such as changes that materially affect your rights or obligations — we will provide at least 14 days’ notice by posting a notice on the Site before the changes take effect. Your continued use of the Site after the effective date of any changes constitutes your acceptance of the updated Terms.

Previous versions of these Terms are available on request by emailing legal@uxpotential.co.ke.

15 Contact us

If you have questions about these Terms, want to report a listing issue, or need to reach us for any legal matter, please use the appropriate contact below.