1. Acceptance of Terms

Welcome to Creodata Solutions Ltd. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and Creodata Solutions Ltd ("Creodata," "we," "us," or "our").

2. Description of Services

Creodata provides IT consulting services, cloud solutions, and software products, including but not limited to:

• Microsoft 365 and Azure deployment services
• Enterprise Document Management Systems (EDMS)
• Loan Management Systems
• Expense Management Automation
• Mail Journaling Solutions
• Contract Processing Solutions
• Other cloud-based enterprise solutions

3. User Accounts

3.1 Account Registration

To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

4. Use of Services

4.1 Permitted Use

You may use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Use our services to send spam or unsolicited communications
• Reverse engineer or decompile our software
• Use automated systems to access our services without permission

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.

5. Intellectual Property

5.1 Ownership

All content, features, and functionality on our website and services, including but not limited to text, graphics, logos, images, software, and code, are owned by Creodata or our licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for your internal business purposes.

5.3 User Content

You retain ownership of any content you submit to our services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing our services.

6. Payment Terms

6.1 Fees

Certain services require payment of fees. All fees are stated in the applicable service agreement or on the Azure Marketplace listing. Fees are non-refundable except as required by law or as expressly stated in your service agreement.

6.2 Billing

You agree to pay all fees according to the billing terms in effect at the time. We may change our fees at any time with reasonable notice.

6.3 Taxes

All fees are exclusive of taxes, and you are responsible for paying all applicable taxes.

7. Data Protection and Privacy

Your use of our services is also governed by our Privacy Policy. We process personal data in accordance with applicable data protection laws, including GDPR and the Kenya Data Protection Act.

8. Service Level and Support

Service level agreements (SLAs) and support terms are defined in your specific service agreement or Azure Marketplace subscription. We strive to maintain high availability but do not guarantee uninterrupted access to our services.

9. Disclaimers

9.1 "As Is" Basis

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee

We do not guarantee that our services will be error-free, secure, or uninterrupted. You use our services at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREODATA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Creodata, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or relating to your use of our services or violation of these Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our services shall be resolved through arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya. The arbitration shall be conducted in English.

13. Termination

Either party may terminate these Terms at any time with written notice. Upon termination, your right to use our services will immediately cease. Sections that by their nature should survive termination shall survive, including but not limited to intellectual property, disclaimers, indemnification, and limitation of liability.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Effective Date." Your continued use of our services after such changes constitutes acceptance of the updated Terms.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Creodata regarding our services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16. Contact Information

If you have any questions about these Terms, please contact us: