These Terms and Conditions govern the use of Zayah Tech Limited software and hardware products ("Products"). By accessing, purchasing, or using our Products, you agree to abide by these Terms. If you do not accept these Terms, you may not access or use our Products. Updated: 19/05/2025
To ensure clarity and avoid ambiguity, this section provides comprehensive definitions of key terms used throughout these Terms and Conditions. These definitions establish a clear understanding of the roles, responsibilities, and items referenced.
• Definition: Refers to Zayah Tech Limited, the legal entity
responsible for developing, distributing, or supporting the
Products.
• Scope: The Company may act directly or through authorized agents,
partners, or subsidiaries.
• Obligations: The Company ensures compliance with applicable laws
and provides support, warranties, and services as stipulated under
these Terms and Conditions.
• Definition: Refers collectively to all offerings provided by the
Company, including:
1. Software: Digital applications, platforms, or tools.
2. Hardware: Physical devices manufactured or sold by the
Company.
3. Associated Services: Support, training, updates, and maintenance
services related to the software or hardware.
Clarifications:
• Products may include both proprietary items developed by the
Company and third-party items provided under separate licensing
agreements.
• Any exclusions, limitations, or additional terms regarding
specific Products will be outlined in supplementary documentation or
agreements
• Definition: Refers to any individual, organization, or entity that
interacts with the Company's Products, including but not limited
to:
1. Purchasers of Products.
2. End-users who operate the Products under license or ownership.
3. Individuals or entities acting on behalf of an organization that
owns or licenses the Products.
• Responsibilities: Users are responsible for:
○ Adhering to the Terms and Conditions.
• Ensuring lawful use of the Products.
• Maintaining accurate and up-to-date account or registration
information.
• Definition: Refers to digital applications, programs, or platforms
developed, owned, or licensed by the Company. This includes:
1. Standalone software applications.
2. Cloud-based platforms accessed via the internet.
3. Software bundled with hardware as part of an integrated solution.
• Characteristics:
○ Software is licensed under a non-transferable, non-exclusive
agreement.
○ The license terms dictate the permitted usage, restrictions, and
ownership rights.
○ Updates, upgrades, and patches may be provided at the discretion
of the Company.
• Exclusions: Any software provided by third parties is governed by their respective license agreements. The Company is not liable for issues arising from third-party software.
Definition: Refers to physical devices manufactured, assembled, or
distributed by the Company, which may include but are not limited
to:
1. Electronic devices.
2. Components required to operate the Software.
3. Accessories and peripherals designed to enhance or support the
functionality of the Software.
Characteristics:
• Hardware is sold outright and subject to warranty terms provided
by the Company
• Proper installation, handling, and maintenance are required to
ensure optimal performance.
• Exclusions:
• Third-party hardware included as part of a bundle or recommended
for use with the Company's Software is subject to its manufacturer's
warranty and support policies.
• The Company is not liable for damages caused by improper use,
third-party repairs, or incompatibility with non-recommended
systems.
• Users must be at least 18 years old to access, purchase, or use
the Company's Products.
• By registering or purchasing, you confirm that you meet the
minimum age requirement.
• If you are registering or purchasing on behalf of a business or
organization, you warrant that you have the legal authority to act
on their behalf.
• Users are required to provide complete, accurate, and up-to-date
information during registration or purchase.
• This includes, but is not limited to:
1. Full legal name.
2. Accurate billing and shipping address.
3. Valid contact details, including email and phone number.
4. Payment information, when applicable.
User Responsibility:
○ You agree to update your information promptly if there are changes
to ensure accurate communication and service delivery.
○ Failure to provide accurate information may result in:
• Delays in order processing or delivery.
• Suspension or termination of access to the Products or services.
Users are solely responsible for ensuring that their existing systems and infrastructure are compatible with the Company's Products.
Hardware Requirements
• Users must verify that their devices, networks, or physical
systems meet the minimum requirements specified in the product
documentation.
Software Compatibility
• Before purchasing or installing the software, users must:
1. Confirm compatibility with their existing hardware and
third-party software.
2. Ensure that required drivers, frameworks, or integrations are
properly installed.
Consultation and Support
• The Company may provide guidance on compatibility, but the
ultimate responsibility lies with the user.
• Users are encouraged to seek technical advice if unsure about
compatibility issues.
Liability for Incompatibility
• The Company is not responsible for:
1. Performance issues or failures arising from user-side
compatibility issues.
2. Costs incurred by the user for resolving such issues, including
additional hardware, software, or third-party services.
• Users must ensure that their use of the Products complies with all
applicable local, national, and international laws and
regulations.
• Prohibited actions include using the Products for any illegal
activities, including but not limited to fraud, unauthorized data
access, or violation of intellectual property rights.
• By purchasing or using the Company's Products, users acknowledge
their understanding of an agreement to these obligations.
• Non-compliance may result in:
1. Termination of access or licenses.
2. Legal action if misuse leads to damages or violations.
3. Financial penalties for breaching terms related to accuracy or
system compatibility.
This section outlines the permitted and prohibited uses of the software and hardware products provided by the Company to ensure compliance with legal, technical, and operational standards.
The software provided by the Company is licensed, not sold, and is subject to strict licensing terms to protect intellectual property and ensure lawful use.
Licensing
• Users are granted a non-exclusive, non-transferable, and revocable
license to use the software as per the terms set out in the
applicable End-User License Agreement (EULA).
• The license does not confer ownership of the software to the user
but only permits its use in accordance with the agreed-upon terms
Prohibited Actions
Users are strictly prohibited from:
1. Reverse Engineering:
• Disassembling, decompiling, or attempting to derive the source
code of the software.
• Using tools or techniques to understand, replicate, or exploit the
software's underlying structure, algorithms, or technology.
2. Modification:
• Altering, editing, or adapting the software or any of its
components.
• Creating derivative works based on the software.
3. Unauthorized Transfer or Sublicensing:
• Selling, renting, leasing, or sublicensing the software to a third
party without explicit, prior written consent from the Company.
• Sharing access credentials or activation keys with unauthorized
parties.
4. Improper Use:
• Using the software in ways that breach applicable laws,
regulations, or intellectual property rights.
• Employing the software for malicious activities, such as hacking
or distributing malware.
Updates and Upgrades
• The Company may, at its discretion, provide updates or upgrades to
improve functionality, security, or performance.
• Updates may include minor fixes or patches, while upgrades may
involve new features or enhanced capabilities.
• The user must accept and apply updates promptly to ensure optimal
performance and security.
The hardware products provided by the Company are sold outright but are subject to terms of proper use, care, and warranty.
Warranty
• The hardware is covered under the Company's standard warranty
policy, which outlines the conditions under which defects will be
repaired or replaced.
• Exclusions: The warranty does not cover:
1. Damage caused by accidents, misuse, or neglect.
2. Damage due to natural disasters, electrical surges, or
environmental factors beyond the Company's control.
3. Defects arising from unauthorized repairs or modifications.
Permitted Use
• The hardware must be used only for its intended purpose and in
compliance with the user manual or instructions provided.
• Proper installation, maintenance, and handling are the user's
responsibility to ensure longevity and optimal performance.
Prohibited Actions
1. Tampering:
• Unauthorized disassembly, opening, or modification of the
hardware's components.
• Installing unauthorized software, firmware, or third-party
modifications.
2. Unauthorized Repairs:
• Repairs performed by non-authorized service providers or
individuals.
• Use of non-approved replacement parts or accessories.
3. Improper Handling or Use:
• Subjecting the hardware to extreme temperatures, humidity, or
physical shock.
• Operating the hardware beyond specified capacities or under
hazardous conditions.
Liability for Misuse
• Any misuse, tampering, or unauthorized alterations immediately
void the warranty and absolve the Company of any liability for
resulting defects or damages.
• The Company reserves the right to charge for repair or replacement
resulting from user-inflicted damage outside warranty coverage.
• Both software and hardware must be used in compliance with all
applicable local, national, and international laws.
• The Company reserves the right to suspend or terminate support for
users found violating these terms.
This section outlines the pricing structure, payment policies, and associated conditions for purchasing the Company's Products. By proceeding with a purchase, the User agrees to the following terms:
1. Transparency:
• All prices for the Company's Products, including software,
hardware, and associated services, will be disclosed during the
purchase process.
• Prices are presented in the currency applicable to the User's
region, unless otherwise stated.
2. Components of Pricing:
• Product Cost: The base price of the software or hardware.
• Setup Fees: A one-time fee that may apply to the initial
configuration, customization, or installation of the Products.
• Annual Maintenance Charges: Fees associated with ongoing support,
updates, or warranty extensions for the Products.
3. Taxes and Duties:
• Prices may exclude applicable taxes (e.g., VAT) unless explicitly
stated.
• Users are responsible for any import duties or local taxes imposed
in their jurisdiction for hardware deliveries.
4. Promotions and Discounts:
• Any promotional pricing, discounts, or offers are subject to
specific terms and expiration dates, as detailed during the purchase
process.
1. Payment Methods:
• Users may pay using methods accepted by the Company, which may
include:
• Credit or debit cards.
• Bank transfers.
• Online payment platforms (e.g., M-pesa, PayPal, Stripe).
2. Full Payment:
• Full payment is required at the time of purchase, except where
alternative payment arrangements have been made in writing.
• Access to software licenses or delivery of hardware is contingent
upon receipt of payment.
3. Payment Plans (if applicable):
• Where payment plans are offered, the User agrees to adhere to the
schedule of payments.
• Failure to comply with the agreed-upon payment schedule may result
in penalties, suspension of access, or revocation of licenses.
1. Penalties:
• Payments not received by the due date may incur:
• A late payment fee, typically a percentage of the outstanding
amount.
• Interest charges calculated at 1.5% per month or the maximum rate
permitted by law, whichever is lower.
2. Service Suspension:
• The Company reserves the right to suspend access to software
licenses, support services, or future deliveries of hardware until
the outstanding payment is resolved.
3. Debt Recovery:
• In the event of persistent non-payment, the Company may engage
third-party collection services or initiate legal proceedings.
• The User will be responsible for any associated collection costs,
legal fees, and court costs.
1. Software:
• Refunds are not provided for downloaded, activated, or used
software, except in cases where legally required (e.g., defective
products or failure to meet described functionality).
2. Hardware:
• Refunds or exchanges for hardware are subject to the terms of the
warranty and return policy.
• Users must initiate refund or cancellation requests within 7 days
of purchase or delivery.
3. Subscription Services:
• Subscription payments are non-refundable once a billing cycle has
commenced, except in cases of service failure attributable to the
Company.
1. The Company reserves the right to adjust prices due to:
• Changes in market conditions, supply chain costs, or currency
fluctuations.
• Modifications to tax laws, import/export duties, or other
regulatory factors.
2. Price adjustments will not affect orders that have already been confirmed and paid
1. Limited Warranty:
• The hardware comes with a limited warranty as described in the
Company's warranty policy, covering manufacturing defects or issues
caused during normal use.
• The warranty period begins on the date of delivery and lasts for
the duration specified in the warranty documentation (e.g., 1 year).
2. Filing Claims:
• To file a warranty claim, users must provide proof of purchase and
detailed information about the defect.
• Claims must be submitted within the warranty period to be
considered valid.
3. Exclusions:
• The warranty does not cover damage caused by:
1. Improper use or handling.
2. Unauthorized repairs or modifications.
3. Accidents, natural disasters, or external factors beyond the
Company's control.
• Consumables (e.g., batteries) and normal wear and tear are also
excluded.
4. Resolution:
• The Company will, at its discretion, repair, replace, or refund
the defective hardware.
1. Provided "As Is":
• Software is delivered without guarantees of error-free operation
or suitability for a particular purpose unless explicitly stated in
the service agreement or documentation.
2. Updates and Patches:
• The Company may provide updates to improve functionality or
security, but these are not guaranteed.
3. Support Services:
• Support for software is governed by a separate agreement,
detailing response times, support levels, and availability (e.g.,
phone support, email support, or self-service resources).
• All intellectual property rights, including copyrights,
trademarks, patents, and trade secrets, remain the sole property of
the Company or its licensors.
• The Company retains ownership of all design, code, algorithms, and
related documentation associated with its Products.
Users may not:
1. Copy, reproduce, or distribute the Products without explicit
authorization.
2. Reverse engineer, decompile, or create derivative works based on
the Products.
3. Use the Company's intellectual property for commercial purposes
without prior written consent.
• Software usage is granted under a non-exclusive, non-transferable
license, subject to the terms of the End-User License Agreement
(EULA).
• Users must adhere to all restrictions and conditions outlined in
the EULA.
• Violations of intellectual property rights may result in legal action, including penalties, fines, or suspension of access to the Products.
• The Company complies with applicable data protection laws, such as the Data Protection Act 2019 and other relevant legislation in the User's jurisdiction.
• Users agree to the Company's Privacy Policy, which details how
personal and usage data is collected, stored, processed, and
shared.
• Data collected may include but is not limited to:
1. Contact details, such as name, email address, and phone
number.
2. Usage statistics and system logs for improving services and
troubleshooting.
• Users have the right to:
1. Access their personal data.
2. Request updates or corrections to inaccurate data.
3. Request the deletion of their data where permitted by law.
• The Company implements industry-standard security measures to
protect user data from unauthorized access, breaches, and misuse.
• While the Company takes precautions, it does not guarantee
complete immunity from cybersecurity threats.
• The Company is not liable for indirect, incidental, or
consequential damages, including but not limited to:
1. Loss of data, revenue, profits, or anticipated savings.
2. Business interruptions or reputational harm.
• The total liability of the Company, whether in contract, tort, or otherwise, is limited to the amount paid by the User for the Products
• Certain jurisdictions may not allow the exclusion or limitation of certain liabilities. In such cases, the Company's liability will be limited to the fullest extent permitted by law.
• The Company reserves the right to suspend or terminate access to
Products if the User violates these Terms, including but not limited
to:
1. Non-payment of fees.
2. Breach of license agreements.
3. Misuse of Products.
• Upon termination, all rights to use the Products cease
immediately.
• The User must return or delete any materials provided by the
Company, including software licenses and confidential documents.
• Termination due to User violations does not entitle the User to refunds.
• These Terms are governed by the laws of Kenya and are subject to the regulatory framework applicable to the Company's operations.
• Users agree to submit to the exclusive jurisdiction of the courts
located in Kenya for the resolution of disputes.
• The Company encourages resolving disputes amicably through
negotiation or mediation before resorting to litigation.
• For assistance or inquiries, Users can reach the Company through
the following:
1. Email: info@zayah.tech
• Response times are subject to the Company's business hours and any
applicable support agreements.
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted for the invalid, illegal, or unenforceable provision.
Zayah Tech shall not be liable for any failure or delay in performance of its obligations under these Terms and Conditions where such failure or delay results from any cause beyond its reasonable control, including but not limited to: acts of God; natural disasters; pandemic or epidemic; terrorist actions; war or threat of war; fire; flood; explosion; sabotage; governmental actions; labor disputes; civil unrest; power, telecommunications or Internet failures; damage or destruction of network facilities; or shortage of adequate power or telecommunications.
Upon occurrence of a Force Majeure event, Zayah Tech shall:
• Promptly notify Users of the nature and extent of such Force Majeure.
• Make reasonable efforts to mitigate the effects of the Force Majeure event.
• Resume performance of its obligations as soon as reasonably possible.
If a Force Majeure event continues for a period exceeding 120 consecutive days, either party may terminate the agreement by providing written notice, without incurring any liability for such termination.
No failure or delay by Zayah Tech in exercising any right, power, or privilege under these Terms and Conditions shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
Any waiver of any provision of these Terms and Conditions shall only be effective if explicitly set forth in writing and signed by an authorized representative of Zayah Tech. Such waiver shall only be effective for the specific instance and purpose for which it is given and shall not be deemed a waiver for any future instances.
By using the Products, the User agrees to indemnify, defend, and hold harmless Zayah Tech, its officers, directors, employees, agents, licensors, suppliers, and any third-party providers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:
1. User's violation of these Terms and Conditions or any applicable laws, regulations, or third-party rights.
2. User's use or misuse of the Products, including any data or content transmitted or received by the User.
3. Claims brought by third parties arising from or related to the User's use of the Products.
4. Unauthorized use of the Products through the User's account.
Zayah Tech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Zayah Tech in asserting any available defenses.
Zayah Tech reserves the right to modify, amend, or update these Terms and Conditions at any time at its sole discretion. Changes may be made to reflect:
• Changes in applicable laws or regulations.
• Updates to the Products or services offered.
• Changes in business operations or practices.
Notification of Changes:
• Material changes will be communicated to Users through notices on the Zayah Tech website or via email.
• The date at the top of these Terms and Conditions will be updated to reflect the most recent revision.
User Acceptance:
• Continued use of the Products after any modifications to the Terms and Conditions shall constitute the User's consent to such changes.
• If the User does not agree with the updated Terms and Conditions, they must discontinue using the Products.
It is the User's responsibility to periodically review these Terms and Conditions to stay informed of any updates. Zayah Tech encourages Users to check the Terms and Conditions regularly.
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