DISCLAIMER & LIMITATION OF LIABILITY
Company: Melian Dialogue Limited Jurisdiction: Republic of Kenya Registered Office: P.O. Box B1003, Urban Oasis Apartments, Kingara Road, Lavington, Nairobi Company Registration No.: PVT-27ULY98K KRA PIN: P052416974R Contact: info@meliandialogue.com Effective Date: 24 February 2026 Version: 1.3 — Current Configuration
1. Scope and Incorporation
This Disclaimer & Limitation of Liability (the "Disclaimer") is issued by Melian Dialogue Limited (the "Company"). It is incorporated by reference into, and forms an integral part of, the Terms of Service and Privacy Policy governing the Melian Dialogue platform (the "Platform"). Capitalised terms not defined herein bear the meanings ascribed to them in the Terms of Service.
By accessing or using the Platform, the User acknowledges, agrees to, and accepts this Disclaimer in full.
2. "As Is" and "As Available" — Exclusion of Warranties
2.1 General Exclusion
The Platform, including all Content, market data feeds, historical price series, virtual trading engine outputs, learning modules, community features, copy-trading tools, market intelligence briefings, and all associated services, is provided strictly on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, statutory, or otherwise.
2.2 Specific Warranties Disclaimed
To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties of any kind, including without limitation:
(i) implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose; (ii) implied warranties of accuracy, completeness, currency, or timeliness of any Content; (iii) warranties that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components; (iv) warranties that any defect or error will be corrected; (v) warranties as to the outcome of any simulated trade, evaluation target, learning path, or gamified challenge; (vi) warranties as to the existence, level, or continuation of any prize pool, payout, referral commission, or reward — noting that no such live cash-payout programme is currently active; (vii) warranties arising from course of dealing, usage of trade, or industry practice.
2.3 Simulated Market Data
The User acknowledges that: (i) every price displayed on the Platform is a synthetic tick generated by the Company's random-walk simulator, calibrated on historical Nairobi Securities Exchange and global FX volatility patterns. No live or delayed real-market data is consumed; (ii) synthetic historical price series generated by the Platform for illustrative and educational purposes do not reflect any actual market history and shall not be relied upon for any decision affecting real capital; (iii) latency, gaps, ticks-per-second, and slippage in the simulated feed are approximations calibrated for educational value, and do not represent the microstructure of the actual exchange.
2.4 Availability
The Company gives no undertaking that the Platform shall be available at any particular time or for any minimum uptime percentage. Scheduled and unscheduled maintenance, capacity constraints, upstream provider failures, and events of force majeure may reduce or eliminate availability without notice.
3. No Professional Advice
3.1 Educational Purpose Only
All Content published on the Platform — including market intelligence briefings, learning modules, technical-analysis charts (Weekly, Close-Only, Heikin-Ashi, Three-Line-Break, Renko, Point & Figure, or any other chart type), leaderboard rankings, copy-trading commentary, community posts, chatbot responses, and email digests — is provided for informational and educational purposes only.
3.2 Not Investment Advice
No Content on the Platform constitutes: (i) investment advice, investment research, or an investment recommendation within the meaning of the Capital Markets Act, Cap. 485A; (ii) a solicitation, offer, or recommendation to buy, sell, subscribe for, or underwrite any security, derivative, foreign exchange contract, or financial instrument; (iii) a personal recommendation taking account of the User's financial circumstances, investment objectives, risk tolerance, tax position, or regulatory status; (iv) legal, tax, accounting, actuarial, insurance, or other professional advice.
3.3 Not Certified Professional Guidance
The Company is not licensed or authorised as an investment adviser, fund manager, stockbroker, dealer, or securities exchange under the Capital Markets Act. No employee, contractor, or agent of the Company is authorised to issue certified professional financial advice on behalf of the Company. Users seeking such advice must consult a licensed Kenyan investment adviser or, where relevant, a professional adviser regulated in their jurisdiction of residence.
3.4 User Assumption of Risk
The User assumes full responsibility for evaluating the accuracy, completeness, timeliness, and appropriateness of any Content before acting or refraining from acting on the basis of that Content. Trading in real securities carries a substantial risk of loss and is not suitable for every investor. Past simulated performance is not indicative of future actual performance.
4. Third-Party Content
4.1 Aggregated News and Market Intelligence
The Platform aggregates news, headlines, and market intelligence from third-party RSS feeds and press releases. The Company does not endorse, verify, or take responsibility for the accuracy of such third-party content. Users are directed to the primary source for authoritative reporting.
4.2 User-Generated Content
Content posted by other Users in the community feed, chat channels, or copy-trading commentary reflects the views of those Users alone and does not represent the views, positions, or recommendations of the Company.
4.3 Third-Party Links
Links to external websites are provided for convenience only. The Company is not responsible for the content, availability, terms, or privacy practices of any linked third-party site.
5. Limitation of Financial Liability
5.1 Aggregate Cap
To the maximum extent permitted by applicable law, the aggregate liability of the Company, its directors, officers, employees, agents, licensors, and affiliates arising out of or in connection with the Platform, the Terms of Service, or this Disclaimer — whether in contract, tort (including negligence), statutory duty, misrepresentation, restitution, or otherwise — shall not exceed the lower of:
(i) the total amount actually paid by the User to the Company for Subscriptions during the twelve (12) months immediately preceding the event giving rise to the claim; or
(ii) a fixed nominal cap of Kenyan Shillings One Hundred Thousand (KES 100,000) or its equivalent in the currency of payment.
5.2 Excluded Losses
Without prejudice to the generality of Clause 5.1, the Company shall in no circumstances be liable for any of the following, whether direct, indirect, or consequential:
(i) loss of profits, revenue, business, or anticipated savings; (ii) loss of goodwill or reputation; (iii) loss of opportunity or of a chance to trade; (iv) loss of data or corruption of data (save to the extent required by the KDPA); (v) trading losses incurred by the User on any actual securities market, foreign exchange market, or over-the-counter market; (vi) losses arising from the User's reliance on any Content or on any simulated performance metric; (vii) losses arising from third-party services, including but not limited to the Emergent-managed hosting environment or the Emergent-managed universal API used to power the AI Trading Assistant; (viii) losses arising from acts of force majeure as described in the Terms of Service.
5.3 Non-Excludable Liabilities
Nothing in this Disclaimer shall exclude or limit the Company's liability for: (i) death or personal injury caused by the Company's negligence; (ii) fraud or fraudulent misrepresentation; (iii) any liability which cannot lawfully be excluded or limited under the Kenya Consumer Protection Act, 2012, the Kenya Data Protection Act, 2019, the Kenya Contracts Act, Cap. 23, or any other applicable Kenyan statute; (iv) any liability arising under any non-excludable warranty implied by the Sale of Goods Act, Cap. 31, to the extent such Act applies.
5.4 Fair Allocation of Risk
The User acknowledges that the limitations set out in this Clause 5 are a fair and reasonable allocation of risk between the parties, having regard to (i) the largely educational and simulated nature of the Platform, (ii) the freemium pricing model, and (iii) the fact that alternative sources of professional advice are readily available to the User at their own election.
6. Indemnity by User
The provisions of Clause 13 (Indemnification) of the Terms of Service are incorporated herein by reference and shall apply mutatis mutandis to any breach by the User of this Disclaimer.
7. Regulatory and Legal Notices
7.1 Not a Regulated Financial Product
Nothing on the Platform is a licensed investment product, collective investment scheme, or regulated financial service within the meaning of the Capital Markets Act, the Central Bank of Kenya Act, or the Retirement Benefits Act.
7.2 Not a Money Remittance or Deposit-Taking Service
The Company does not accept deposits, hold client funds on behalf of Users, or transmit money as those terms are defined under the National Payment System Act, 2011 or the Banking Act, Cap. 488. Institutional subscription fees are settled by direct bank transfer to the Company's Kenyan operational account and are not held in trust, in escrow, or on behalf of any User.
7.3 Sanctions and Prohibited Persons
The Platform is not offered to, and may not be used by, any person listed on any applicable sanctions list, or any person resident in a jurisdiction subject to comprehensive sanctions. The Company reserves the right to conduct sanctions screening at any time.
8. Governing Law and Dispute Resolution
The provisions of Clause 15 (Governing Law and Dispute Resolution) of the Terms of Service apply to this Disclaimer mutatis mutandis. Any claim arising out of or in connection with this Disclaimer shall be governed by the laws of the Republic of Kenya and subject to mandatory mediation in Nairobi followed, if unresolved, by the exclusive jurisdiction of the courts of Kenya sitting at Nairobi.
9. Severability and Survival
If any provision of this Disclaimer is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect. The provisions of Clauses 2, 3, 5, 6, 7, and 8 shall survive termination of the User's account and continue to bind the parties thereafter.
10. Contact
Any question relating to this Disclaimer should be directed to info@meliandialogue.com.
The User is strongly encouraged to consult an independent, licensed financial or legal adviser before making any decision that could affect the User's actual capital, tax position, or legal rights.