Last updated: 7 November 2026. These Terms of Service (the "Terms") form a legally binding agreement between you and the operator of ZXenia ("ZXenia", "we", "us" or "our"). Please read them carefully, together with our Privacy Policy, Cookie Policy, Community Guidelines, Child Safety Standards and Refund Policy, each of which is incorporated into these Terms by reference. By creating an account, or by otherwise accessing or using the website, applications and related services offered under the ZXenia name (together, the "Service"), you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Service.
1. Definitions
In these Terms, unless the context requires otherwise:
- "Account" means the personal account you create to use the Service.
- "Content" means any text, photograph, image, message, profile information, answer, prompt, post or other material that is uploaded, transmitted or otherwise made available through the Service.
- "Member Content" means Content that you or another member provides.
- "Paid Plan" means any subscription plan for which a fee is payable, including Membership and Premium, and "Free Trial" means a period of access to a Paid Plan for which no fee is charged.
- "ZXenus Points" or "Points" means the non-monetary, promotional units described in clause 9.
- "Applicable Law" means all laws, regulations and binding guidance of the Republic of Kenya and of any other jurisdiction that applies to you or to us, including the Data Protection Act, 2019, the Computer Misuse and Cybercrimes Act, 2018, the Consumer Protection Act, 2012, the Sexual Offences Act, 2006 and the Children Act, 2022.
2. Eligibility
2.1 The Service is intended solely for adults. You may only create an Account or use the Service if you are at least eighteen (18) years of age, are legally capable of entering into a binding contract, and are not prohibited from using the Service under Applicable Law.
2.2 You represent and warrant that the date of birth you provide is true and accurate. Providing a false date of birth is a material breach of these Terms. Any Account that we reasonably believe belongs to a person under the age of 18 will be suspended immediately and permanently removed, in accordance with our Child Safety Standards.
2.3 You may hold only one Account. You may not create an Account if we have previously suspended or removed an Account of yours, unless we have given you written permission to do so.
2.4 You must not use the Service if you have been convicted of, or are subject to any pending charge for, a sexual offence or an offence involving violence, or if you are subject to any court order that restricts your contact with other people.
3. Your Account
3.1 You must confirm your email address before using the member areas of the Service. You are responsible for maintaining the confidentiality of your login credentials and for all activity that takes place under your Account, whether or not authorised by you.
3.2 You must notify us without undue delay if you suspect any unauthorised access to or use of your Account. We provide tools to help you protect your Account, including email alerts when your Account is accessed from a new device, the option to log out on all other devices, and password reset. We strongly recommend a unique password that you do not use elsewhere.
3.3 You may not sell, transfer, license, lend or otherwise permit any other person to use your Account.
4. The Service
4.1 ZXenia provides an online space in which consenting adults may meet others for friendship, dating, long-term relationships, exploration and other lawful purposes, in accordance with each member's stated intentions and boundaries.
4.2 We use automated systems, including a matching engine, to suggest people to you. Suggestions are based on the information you and other members provide, on your interactions with the Service, and on safety and fairness considerations described in our Privacy Policy. We do not guarantee that you will be matched with any person, that any match will result in a meeting or a relationship, or that any member is who they claim to be.
4.3 Verification badges indicate only that a member of our team has compared a selfie with the member's profile photos at a particular time. A badge is not an endorsement, a background check or a guarantee of identity, character or conduct.
4.4 We may modify, suspend or discontinue any part of the Service, temporarily or permanently, including for maintenance, security or legal reasons. Where a change materially reduces the features of a Paid Plan that you have already paid for, clause 8.8 applies.
5. Your Conduct
5.1 You agree to comply with these Terms, the Community Guidelines and all Applicable Law. Without limiting that obligation, you must not:
- harass, threaten, stalk, intimidate, defame, demean or abuse any person, or incite others to do so;
- share sexual content of any person without that person's consent, or share any content that depicts or appears to depict a person under the age of 18 in any sexual or suggestive context;
- request, offer or advertise commercial sexual services, escorting or the sale of sexual content;
- solicit money, gifts, M-Pesa transfers, banking details, cryptocurrency or anything of value from other members, or carry out any fraud, romance scam or investment scheme;
- impersonate any person, including any member of ZXenia staff, or misrepresent your age, identity, relationship status or intentions;
- post any Content that is unlawful, hateful, discriminatory on the basis of any characteristic protected by law, violent, or that promotes self-harm;
- use the Service for any commercial purpose, including advertising, recruitment or soliciting members for another service;
- collect, scrape, harvest or store information about other members, including by automated means, or attempt to access profiles, photos or messages that are not made available to you through the ordinary operation of the Service;
- attempt to probe, scan or test the vulnerability of the Service, circumvent any security, rate limit, age gate or access control, introduce malicious code, or interfere with the proper working of the Service;
- create Accounts by automated means or under false pretences, or manipulate referrals, Points or any promotional programme.
5.2 Any breach of this clause 5 constitutes a material breach of these Terms.
6. Member Content
6.1 You retain ownership of any intellectual property rights that you hold in your Member Content. By uploading Member Content, you grant ZXenia a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, process, adapt (for example, by resizing, compressing or blurring images), display and transmit that Member Content solely for the purposes of operating, securing and improving the Service and enforcing these Terms. This licence ends when your Member Content is deleted from the Service, save for copies retained in accordance with our Privacy Policy.
6.2 You represent and warrant that you own or have all necessary rights and consents to upload your Member Content, that every person who appears in any photograph you upload is an adult who has consented to its use, and that your Member Content does not infringe the rights of any third party or breach Applicable Law.
6.3 Every photograph is screened automatically on our own servers and reviewed by a person before it is shown to other members. We may decline, remove or restrict any Content at our sole discretion. We are not obliged to monitor all Member Content, and we are not responsible for Member Content provided by others.
6.4 Photographs you share in private conversations are blurred for the recipient until the recipient chooses to view them, and may be withheld automatically if our screening indicates nudity.
7. Safety, Moderation and Enforcement
7.1 You are solely responsible for your interactions with other members, both on and off the Service. Please read our Safety Tips. We strongly encourage you to meet first in a public place, to tell a trusted person where you will be, and to use the Date Safety tools we provide.
7.2 We may, at our discretion and without prior notice, investigate any suspected breach of these Terms and take any action we consider appropriate, including removing Content, issuing a warning, restricting features, holding a profile from discovery pending review, suspending or terminating an Account, retaining relevant records, and reporting conduct to law enforcement authorities where we believe a crime may have been committed or a person may be at risk of harm.
7.3 Reports that a member may be under 18 are prioritised above all other reports. A profile that is the subject of such a report, or of reports from several different members, may be withheld from discovery automatically until a person has reviewed it. This is a precautionary measure and not a finding of wrongdoing.
7.4 If you believe that we have taken action against your Account in error, you may contact us using the details in clause 17, and a person will review your request.
8. Paid Plans, Free Trials and Payments
8.1 Prices. Prices for Paid Plans are shown on our Plans page in Kenyan Shillings (KES), inclusive of any applicable taxes unless stated otherwise. We may change our prices from time to time; any change will not affect a period you have already paid for.
8.2 Payment processing. Payments are processed by Paystack Payments Limited and its partners. By paying, you also agree to the terms of your payment provider. We do not receive or store your full card number or M-Pesa PIN.
8.3 Free Trials. Each person may use one Free Trial. No payment details are required for a Free Trial, and a Free Trial does not convert into a Paid Plan automatically. When a Free Trial ends, your Account returns to the Free plan.
8.4 Card renewal. If you choose automatic renewal when paying by card, you authorise us to charge the same card for the same plan and period, at the price then in effect, at the end of each period until you cancel. We will email you at least three (3) days before each renewal.
8.5 M-Pesa renewal. If you choose automatic renewal when paying by M-Pesa, we will send a payment prompt to your phone at the end of each period. Your plan renews only if you approve the prompt with your PIN.
8.6 Cancellation. You may turn off automatic renewal at any time in My account. Cancellation takes effect at the end of the current period, and you keep access to the features of your plan until then. Your saved payment authorisation is deleted when you cancel.
8.7 Failed renewals. If a renewal payment fails, we may retry it a limited number of times over a short grace period, during which you keep access. If payment is not received, your Account returns to the Free plan.
8.8 Refunds. Payments are non-refundable except as set out in our Refund Policy or where Applicable Law, including the Consumer Protection Act, 2012, requires otherwise. Nothing in these Terms limits any right you have as a consumer that cannot lawfully be excluded.
8.9 Discount codes. Discount codes may be used once per Account, have no cash value, may be subject to expiry and usage limits, and apply only to the first payment for a period unless stated otherwise.
9. ZXenus Points
9.1 ZXenus Points are a promotional feature that allows members to use certain features that their plan does not otherwise include, such as starting a conversation, knocking beyond a daily allowance, adding a note to a knock, boosting a profile, undoing a pass and seeing who has knocked. The number of Points required for, or awarded for, each action is shown on the Points page and may be changed by us at any time.
9.2 Points may be awarded with a Free Trial, with a Paid Plan, for completing certain steps on the Service, for referring friends in accordance with clause 9.5, or at our discretion. Points awarded with a Free Trial expire automatically when the Free Trial ends unless you purchase a Paid Plan.
9.3 Points have no monetary value. They are not money, electronic money, a deposit, a stored-value instrument or a security. Points cannot be purchased, sold, transferred, assigned, exchanged for cash or for any other thing of value, inherited, or redeemed except for features of the Service in accordance with these Terms.
9.4 We may adjust, correct, suspend or cancel Points that were awarded in error, obtained through any breach of these Terms, or obtained through fraud, abuse, automation or manipulation, and we may suspend the Points programme as a whole. Points are cancelled when your Account is deleted or terminated.
9.5 Referral Points are awarded only where the person you invited has created a genuine Account using your invitation link, confirmed their email address, been verified by a person, and matched with a member other than you, subject to the monthly limit shown on the Points page. Self-referral and the creation of Accounts for the purpose of obtaining Points are prohibited.
10. Privacy
Our Privacy Policy explains how we collect, use, share and protect your personal data, including sensitive personal data such as information about your sex life or sexual orientation that you choose to share. By using the Service, you acknowledge that your personal data will be processed as described in the Privacy Policy.
11. Intellectual Property
The Service, including its design, text, graphics, software, logos and the ZXenia name, is owned by or licensed to us and is protected by copyright, trademark and other intellectual property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, reverse engineer or create derivative works from any part of the Service.
12. Termination
12.1 You may delete your Account at any time in My account. Deletion is permanent and cannot be reversed. Any remaining period of a Paid Plan and any Points are forfeited, subject to our Refund Policy.
12.2 We may suspend or terminate your Account, with or without notice, if we reasonably believe that you have breached these Terms, that your use of the Service poses a risk to any person or to the Service, or where we are required to do so by Applicable Law. Where we terminate a Paid Plan for reasons other than your breach, we will refund the unused portion of any fee you have paid.
12.3 Clauses 6.1 (as to licences already exercised), 9.3, 9.4, 11, 13, 14, 15 and 16 survive termination.
13. Disclaimers
13.1 To the fullest extent permitted by Applicable Law, the Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.
13.2 We do not conduct criminal background checks on members, and we make no representation or warranty as to the conduct, identity, intentions, health or compatibility of any member. You are solely responsible for exercising caution and good judgment in all interactions.
14. Limitation of Liability
14.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Applicable Law.
14.2 Subject to clause 14.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, data, goodwill or opportunity, arising out of or in connection with the Service, or for the conduct of any member or third party, whether online or offline.
14.3 Subject to clause 14.1, our total aggregate liability to you arising out of or in connection with these Terms shall not exceed the greater of (a) the total fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) five thousand Kenyan Shillings (KES 5,000).
15. Indemnity
You agree to indemnify and hold harmless ZXenia and its officers, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms, your Member Content, or your interactions with other members, save to the extent caused by our own breach or negligence.
16. Governing Law and Disputes
16.1 These Terms and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, are governed by the laws of the Republic of Kenya.
16.2 Before commencing formal proceedings, you agree to contact us and to attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days. If the dispute is not resolved, the courts of Kenya sitting at Nairobi shall have jurisdiction, without prejudice to any right you have as a consumer to bring proceedings in the courts of the place where you reside, or to complain to any competent regulator.
17. General
17.1 Changes. We may amend these Terms from time to time. Where an amendment is material, we will notify you by email or on the Service at least fourteen (14) days before it takes effect, unless the change is required by law or is necessary to address a security or safety risk. Your continued use of the Service after the effective date constitutes acceptance of the amended Terms.
17.2 Entire agreement. These Terms, together with the documents referred to in them, constitute the entire agreement between you and us in relation to the Service and supersede any prior arrangement.
17.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
17.4 No waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
17.5 Assignment. You may not assign or transfer your rights or obligations under these Terms. We may assign our rights and obligations to a successor in connection with a merger, acquisition or sale of all or part of the Service, provided that your rights are not adversely affected.
17.6 Force majeure. We shall not be liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including failures of networks, payment systems or utilities, acts of government, civil unrest, epidemics or natural disasters.
17.7 Notices and contact. We may give you notices by email to the address associated with your Account or by posting them on the Service. You may contact us through our Contact page or at the support email address shown there.