Surprising Worldcoin terms and conditions Kenyans skipped during verification

Synonymous with skipping terms and conditions during a software installation, 350,000 Kenyans had by Wednesday overlooked a ten-page document containing outstandingly absurd terms to prove they are humans’. 

As tens of hundreds of people lined up at KICC in Nairobi to have their iris captured, the extent of Worldcoin staff advice was limited to application download, sign up and getting scanned. So much was hidden, including the fact that you cannot sue Worldcoin in a court of law or seek compensation. 

 “You agree to resolve any disputes between you and Worldcoin through binding arbitration rather than in court,” the terms read in part, adding that the Worldcoin tokens accrued do not amount to an investment advice, nor can they be guaranteed to appreciate, hence the possibility to have zero value.

In what would potentially be a wild-goose chase for users, the terms further specify that there is no guarantee that the platform would be launched worldwide, and does not even guarantee its operation after all, as it is an open source software, which ‘anyone can copy, paste and use’. 

“The software used to create WLD is open-source and free for anyone to copy and use. This means that anyone can create a modified version of WLD, otherwise known as a “Fork.” We are not responsible for any losses you incur which are caused in whole or in part by a Fork or other network disruption,” reads the already skipped terms exposing hundreds of Kenyans to unspecified consequences. 

While the State made a U-turn in a haze to stop the collection of iris details despite a nod from ICT and the Digital Economy Cabinet Secretary Eliud Owalo, Worldcoin parent company had already indicated that it intended to, through users, access third-party address book contacts, raising initial security concerns. 

While it cautions users against providing any data, it later specifies that they are required to provide some data so as to use specific features. In earnest, users were asked to provide names, email addresses, phone numbers (which then scan contact lists), and their location details. 

“The type of location data collected depends on the service you are using, the device you're using (for example, Apple or Android), and your device's settings (whether permissions are enabled or disabled). You can change your permissions any time in your device's settings,” the document on Worldcoin website reads in part. 

Further, the terms and conditions state that there will be no refund or compensation in the event of digital tokens being stolen by “hackers or other malicious groups”, or if there is an “intentional or unintentional bug” on the open source software they use. 

On Wednesday, the Ezra Chiloba-led Communications Authority of Kenya (CA), the Data Commission, and the Capital Markets Authority, raised regulatory issues with Worldcoin operations, urging those with complaints to make a formal report to the statutory bodies. 

A joint statement by CA Director General Ezra Chiloba and Data Protection Commissioner Immaculate Kassait, cited inducement and lack of clarity on the security and storage of would-be collected data.

“Lack of clarity on the security and storage of the collected sensitive data (facial recognition and iris scans). Obtaining consumer (data subject) consent in exchange for monetary reward which borders on inducement,” the press statement reads, to which Worldcoin’s terms and conditions falls short of an explanation. 

While Worldcoin contemplates that the accrued tokens do not amount to legal tender, the Capital Markets Authority (CMA) on its part reiterated that the coins touted could be potential fraudulent schemes involving cryptocurrencies in the backdrop of the fallout from the rollout of Worldcoin.

CMA warns that Worldcoin is not regulated in Kenya and that related products including the free crypto-tokens and their derivatives are not investment products within the scope of the Capital Markets Act. It remains unclear whether the Sh7,000 Kenyans have received from the exercise could spell doom for them in future.