Terms of Use

Last Updated: 27th January 2026

PREAMBLE

These Terms of Use (hereinafter “Terms”) establish the contractual framework governing your access to and use of the digital properties operated by The Ndege Group®, trading as Africa’s Sovereign Development Trust® (ASDT), including but not limited to the website accessible at www.thendegegroup.com (the “Website”), all subdomains, affiliated platforms, and officially sanctioned social media channels (collectively, the “Digital Properties”).

By accessing, browsing, downloading materials from, or otherwise engaging with any Digital Property, you enter into a binding legal relationship with The Ndege Group® and acknowledge your unconditional acceptance of these Terms in their entirety, without modification or reservation.

ARTICLE 1: DEFINITIONS AND INTERPRETATION

1.1 Definitions

For purposes of these Terms, the following definitions apply:

“AFTF” means the African Federation Treaty Framework, version 3.1, including all iterations, amendments, annexes, methodologies, implementation protocols, and derivative instruments developed thereunder.

“Content” means all information, data, text, software, graphics, photographs, videos, audio files, methodologies, frameworks, intellectual constructs, research outputs, policy documents, institutional communications, and any other materials accessible through the Digital Properties.

“Intellectual Property” encompasses all patents, trademarks, service marks, trade names, copyrights, moral rights, database rights, design rights, trade secrets, know-how, confidential information, and all other intellectual and industrial property rights, whether registered or unregistered, throughout the world.

“OmniGaza®” refers to the proprietary technological substrate, computational infrastructure, and associated methodologies developed by The Ndege Group® for sovereign-scale development coordination.

“User,” “you,” or “your” refers to any individual, entity, or automated system accessing the Digital Properties.

“We,” “us,” or “our” refers to The Ndege Group®, Africa’s Sovereign Development Trust® (ASDT), and The Ndege Group Nominees Limited, collectively or individually as context requires.

1.2 Interpretation

Reference to statutory provisions includes those provisions as amended, extended, re-enacted, or consolidated. Headings are for convenience only and shall not affect interpretation. The singular includes the plural and vice versa. Words denoting any gender include all genders.

ARTICLE 2: ACCEPTANCE, CAPACITY, AND BINDING EFFECT

2.1 Acceptance Through Use

Your access to or use of any Digital Property constitutes your express, informed, and irrevocable acceptance of these Terms. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Digital Properties and refrain from accessing them in future.

2.2 Legal Capacity

By accepting these Terms, you represent and warrant that:

(a) You have attained the age of majority in your jurisdiction of residence and possess full legal capacity to enter into binding contracts;

(b) If accessing the Digital Properties on behalf of an organisation, you possess the requisite authority to bind that organisation to these Terms;

(c) Your use of the Digital Properties does not violate any applicable law, regulation, court order, or contractual obligation to which you are subject;

(d) All information you provide is accurate, current, and complete.

2.3 Modifications and Amendments

The Ndege Group® reserves the absolute and unilateral right to modify, amend, supplement, or replace these Terms at any time, without prior notice. All modifications take effect immediately upon publication to the Digital Properties. The “Last Updated” date at the head of these Terms indicates the most recent revision. Your continued use of the Digital Properties following any modification constitutes acceptance of the revised Terms. You are responsible for reviewing these Terms periodically to remain informed of changes.

ARTICLE 3: INTELLECTUAL PROPERTY RIGHTS AND DIGITAL PROVENANCE

3.1 Ownership and Authorship

All Content accessible through the Digital Properties constitutes the exclusive intellectual property of David Okiki Amayo Jr., Founder and Chairman of Africa’s Sovereign Development Trust® (ASDT). This ownership is protected by the intellectual property laws of Kenya, international treaties, and conventions including the Berne Convention, TRIPS Agreement, and Paris Convention.

3.2 Definitive Legal and Technical Benchmarks

To ensure the immutability, authenticity, and timestamped provenance of institutional intellectual property, the following records constitute the definitive legal and technical benchmarks and shall serve as authoritative references in any dispute regarding priority, authenticity, or attribution:

(a) Official Policy Record: Social Science Research Network (SSRN) Abstract 6130346

DOI: 10.2139/ssrn.6130346

Accessible at: https://ssrn.com/abstract=6130346

(b) Scientific Archive: Zenodo Permanent Digital Repository

DOI: 10.5281/zenodo.17670879

Accessible at: https://doi.org/10.5281/zenodo.17670879

Accessible at: https://github.com/davidokikiamayojr/The-african-federation-treaty-framework

These archives establish immutable timestamps, version histories, and cryptographic verification of authorship and shall constitute primary evidence in any legal proceedings.

3.3 Registered Trademarks

The following marks are registered with the Kenya Industrial Property Institute (KIPI) under the Industrial Property Act, 2001 (Cap. 509) and are protected internationally:

• OmniGaza® (KIPI Registration No. 138985)

• The Ndege Group® (KIPI Registration No. 138986)

• Africa’s Sovereign Development Trust® (KIPI Registration No. 138987)

3.4 Copyright Notice

© 2026 David Okiki Amayo Jr. and The Ndege Group®. All rights reserved worldwide. No part of the Digital Properties or Content may be reproduced, distributed, transmitted, displayed, published, broadcast, or otherwise exploited without the express prior written permission of The Ndege Group®.

ARTICLE 4: ACCEPTABLE USE AND PROHIBITED CONDUCT

4.1 Lawful Purposes Only

You agree to utilise the Digital Properties exclusively for lawful purposes and in a manner consistent with these Terms and all applicable local, national, and international laws.

4.2 Prohibited Activities

You are expressly prohibited from:

(a) Intellectual Property Violations: Unauthorised reproduction, distribution, public display, or creation of derivative works based on the AFTF methodologies, OmniGaza® specifications, or any Content;

(b) Unauthorised Access: Attempting to gain unauthorised access to the OmniGaza® substrate, related servers, databases, or networks;

(d) Impersonation: Impersonating The Ndege Group®, ASDT, David Okiki Amayo Jr., or any affiliated personnel.

ARTICLE 7: LIMITATION OF LIABILITY AND INDEMNIFICATION

7.1 Disclaimer of Warranties

The Digital Properties and all Content are provided on an “as is” and “as available” basis, without warranties of any kind. To the maximum extent permitted by the laws of Kenya, the Ndege Parties expressly disclaim all warranties.

7.2 Unlimited Liability for Violations

The Ndege Parties reserve the right to pursue full compensatory, consequential, and punitive damages for any breach of these Terms, without limitation or cap. Damages may include, but are not limited to: loss of licensing opportunities, damage to institutional reputation, diminution of intellectual property value, costs of enforcement and legal proceedings, strategic harm to Africa’s Sovereign Development Trust® (ASDT) mission and objectives, and any other losses directly or indirectly arising from your breach.

The calculation of damages shall reflect the sovereign-scale nature of the AFTF and related methodologies, the continental implications of their misappropriation, and the immutable provenance established through official academic and scientific repositories. In cases involving wilful infringement, bad faith conduct, or commercial exploitation of protected intellectual property, punitive damages may be sought to the fullest extent permitted by law.

You acknowledge that monetary damages may be insufficient to remedy certain breaches, particularly those involving intellectual property misappropriation or reputational harm, and therefore consent to the availability of injunctive relief, specific performance, and other equitable remedies without the need for The Ndege Group® to post bond or prove inadequacy of legal remedies. This provision reflects the extraordinary value and irreplaceable nature of the intellectual property at stake and the potential for violations to undermine institutional integrity and continental development objectives.

7.3 User Indemnification

You agree to indemnify, defend, and hold harmless the Ndege Parties from and against any and all claims, liabilities, damages, losses, or expenses arising from your breach of these Terms, your violation of any law, or your misuse of the Digital Properties.

ARTICLE 10: DISPUTE RESOLUTION

10.1 Informal Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting legal@ndege.co.ke.

10.2 Arbitration

If informal resolution is unsuccessful, any Dispute shall be resolved exclusively through binding arbitration in Nairobi, Kenya, in accordance with the Arbitration Rules of the Nairobi Centre for International Arbitration (NCIA).

ARTICLE 11: GOVERNING LAW AND JURISDICTION

These Terms and any Dispute shall be governed by and construed in accordance with the substantive laws of the Republic of Kenya. You irrevocably submit to the exclusive jurisdiction of the courts of Kenya for any legal proceedings arising out of or relating to these Terms. Venue for any such proceedings shall be exclusively in Nairobi, Kenya.

ARTICLE 12: ACKNOWLEDGEMENT AND ACCEPTANCE

By continuing to access or use the Digital Properties, you acknowledge that: you have read these Terms in their entirety; you understand them and agree to be bound by them; and you possess the legal authority to accept them.

Africa’s Sovereign Development Trust® (ASDT) anchors the future.