Terms of Use

1 Introduction

Welcome to Zillah Technologies LTD ("Company", "we", "our", or "us"). We are a technology services provider incorporated under the laws of the Republic of Kenya, specializing in software development, systems integration, digital transformation, cloud services, cybersecurity, and ICT consulting.

These Terms of Use ("Terms") govern your access to and use of our website zillahtechnologies.co.ke, mobile applications, and any related services, platforms, or tools provided by Zillah Technologies LTD (collectively, the "Services").

By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

2 Acceptance of Terms

By creating an account, making a purchase, or otherwise accessing our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3 Description of Services

Zillah Technologies LTD provides the following categories of technology services:

• Custom Software Development: Design, development, testing, and deployment of web, mobile, and desktop applications tailored to client specifications.
• Systems Integration: Connecting disparate software systems, APIs, databases, and third-party services to enable seamless data flow and operational efficiency.
• Cloud & Hosting Solutions: Cloud migration, infrastructure management, server configuration, and ongoing maintenance on platforms including AWS, Azure, and on-premise environments.
• Cybersecurity Services: Security audits, penetration testing, vulnerability assessments, firewall configuration, and security policy development.
• Digital Transformation Consulting: Technology strategy, digital roadmaps, process automation, and IT infrastructure advisory services for enterprises and SMEs.
• Managed IT Services: Ongoing technical support, network administration, helpdesk services, and IT infrastructure monitoring.
• Training & Capacity Building: Technical training programs, workshops, and certification courses for individuals and corporate teams.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, including the availability of any feature, database, or content, with or without notice.

4 User Accounts and Registration

To access certain features of our Services, you may be required to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information about yourself and your organization as prompted by our registration forms.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security of your password and identification credentials.
• Accept full responsibility for all activities that occur under your account or password.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate accounts that provide false, inaccurate, or incomplete information, or that violate these Terms.

5 Acceptable Use Policy

You agree not to use our Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers, networks, or infrastructure. Prohibited activities include, but are not limited to:

• Attempting to gain unauthorized access to any portion of our Services, computer systems, or networks connected to our Services.
• Uploading or transmitting viruses, malware, Trojan horses, or any other malicious or destructive code.
• Engaging in any form of data scraping, harvesting, or automated data collection without our prior written consent.
• Interfering with or disrupting the integrity or performance of our Services.
• Using our Services to send unsolicited bulk email, spam, or other unsolicited communications.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
• Collecting or harvesting personally identifiable information from other users without their consent.
• Using our Services in any manner that violates any applicable local, national, or international law or regulation.

6 Intellectual Property Rights

All content, software, documentation, trademarks, logos, service marks, trade names, graphics, designs, and intellectual property associated with our Services are the exclusive property of Zillah Technologies LTD or our licensors, and are protected by Kenyan and international copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or internal business purposes in accordance with these Terms. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our proprietary content or software.
• Use our logos, trademarks, or service marks without our prior written consent.
• Remove or alter any proprietary rights notices from materials obtained from our Services.
• Reverse engineer, decompile, or disassemble any software or firmware provided through our Services.

Any custom software, code, or deliverables developed specifically for a client under a signed agreement shall be governed by the intellectual property provisions outlined in the relevant service agreement or statement of work.

7 Client Data and Confidentiality

Zillah Technologies LTD respects the confidentiality of client data. We implement industry-standard security measures to protect data processed, stored, or transmitted through our Services. However, no method of electronic storage or transmission over the Internet is 100% secure.

You retain ownership of all data, information, and content you provide to us ("Client Data"). You grant us a limited license to use, process, and store Client Data solely for the purpose of delivering and improving our Services, unless otherwise agreed in writing.

We will not sell, rent, or share your Client Data with third parties for marketing purposes without your explicit consent. We may disclose Client Data when required by law or to protect our rights, property, or safety, or that of our clients or the public.

8 Payment Terms

For paid Services, all fees are disclosed in the applicable service agreement, proposal, or invoice. Payment terms are as follows:

• Invoices are payable within the timeframe specified on the invoice (typically Net 14 or Net 30 days from the invoice date).
• Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
• All fees are exclusive of applicable taxes, duties, and levies unless otherwise stated. You are responsible for all taxes associated with your purchase.
• Refunds, if applicable, are subject to the refund policy outlined in your specific service agreement. Generally, project deposits are non-refundable once work has commenced.

9 Service Availability and Modifications

While we strive to ensure our Services are available 24/7, we do not guarantee uninterrupted or error-free access. Our Services may be temporarily unavailable due to maintenance, upgrades, security patches, or circumstances beyond our control, including force majeure events.

We reserve the right to modify, update, suspend, or discontinue any aspect of our Services at any time, including the removal or alteration of features, functionality, or content, with or without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of our Services.

10 Limitation of Liability

To the fullest extent permitted by applicable law, Zillah Technologies LTD, its directors, officers, employees, agents, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from:

• Your use or inability to use our Services.
• Any unauthorized access to or use of our servers or personal information stored therein.
• Any interruption or cessation of transmission to or from our Services.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Services.

Our total aggregate liability to you for any claims 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 event giving rise to the claim, or KSh 50,000, whichever is greater.

11 Indemnification

You agree to indemnify, defend, and hold harmless Zillah Technologies LTD and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

12 Termination

We reserve the right to suspend or terminate your access to our Services, in whole or in part, at our sole discretion, at any time and without prior notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use our Services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

13 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of Kenya.

14 Changes to These Terms

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page. It is your responsibility to review these Terms periodically for changes. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

15 Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Zillah Technologies LTD and supersede any prior understandings or agreements, written or oral.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction or notification.