KisoByte Solutions

Foundations & Scope

1.1

Agreement Overview

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and KisoByte Solutions Ltd ("KisoByte," "we," "us," or "our"), a company registered in Kenya. By accessing or using our website, SaaS platform, APIs, or related services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1.2

Definitions

"Services" means all software products, websites, APIs, consulting, and support offered by KisoByte. "SaaS Platform" means our cloud-hosted applications including POS, payroll, CRM, SACCO, and related modules. "User Content" means data, files, prompts, and materials you submit through the Services. "Authorized Users" means individuals you permit to access your account under your subscription. "Intellectual Property" means patents, copyrights, trademarks, trade secrets, and other proprietary rights.

1.3

Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated via email to your registered address, an in-app notification, or a prominent notice on our website at least fourteen (14) days before they take effect, where practicable. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

1.4

Eligibility & Capacity

You must be at least eighteen (18) years old and have the legal capacity to enter into a binding contract. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

Account Management & Security

2.1

Account Creation

You agree to provide accurate, current, and complete registration information and to keep it updated. KisoByte may suspend or refuse accounts that contain false or misleading information.

2.2

Credential Security

You are responsible for safeguarding your login credentials, API keys, and access tokens. All activity under your account is deemed authorised by you unless you notify us promptly of unauthorised use.

2.3

Unauthorized Access

Report suspected security incidents to info@kisobyte.co.ke without undue delay. We reserve the right to lock, suspend, or reset accounts to protect the platform and other users.

III

Service Usage & Restrictions

3.1

License Grant

Subject to these Terms and payment of applicable fees, KisoByte grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes during your subscription term.

3.2

Prohibited Conduct

You must not: reverse engineer, decompile, or disassemble proprietary code except where law expressly permits; attempt unauthorised access to our systems or other tenants' data; scrape, mine, or abuse non-public APIs; interfere with platform performance or security; distribute malware, spam, or phishing via integrated channels (including WhatsApp or Chatwoot); or use the Services for unlawful purposes.

3.3

Fair Usage Policy

We may impose reasonable limits on bandwidth, storage, API calls, and concurrent users to maintain service quality. Excessive use that degrades the platform for others may result in throttling, additional charges, or suspension.

AI-Specific Terms

4.1

AI Disclaimer

Certain features use artificial intelligence or large language models. Outputs may be inaccurate, incomplete, or biased. You must exercise independent judgment and not rely on AI-generated content as professional, legal, or financial advice.

4.2

Data Handling in AI

Unless otherwise stated in your order form or data processing agreement, we process prompts and inputs to deliver the feature you request. We do not use your confidential business data to train public third-party models without your explicit consent. Third-party AI providers (e.g. OpenAI, Anthropic) apply their own policies when integrated.

4.3

Autonomous Worker Scope

Automated agents, SDR workflows, or similar tools operate within parameters you configure. KisoByte is not liable for actions taken by autonomous systems beyond our reasonable control, including messages sent to third parties on your behalf.

Financials & Subscriptions

5.1

Billing Cycles

Paid plans renew automatically on monthly or annual cycles unless cancelled before the renewal date. You authorise us to charge your designated payment method for recurring fees and applicable add-ons.

5.2

Price Adjustments

We may change pricing with at least thirty (30) days' notice for subscription renewals. Changes do not affect fees already paid for the current billing period.

5.3

Taxes

Fees are exclusive of applicable taxes, including VAT where required under Kenyan law. You are responsible for taxes unless we are legally obliged to collect them.

5.4

Refund & Termination Policy

Unless required by law or stated in a separate agreement, fees are non-refundable once a billing period has started. Mid-cycle cancellations take effect at period end; no pro-rata refunds apply unless expressly agreed in writing.

Content & Intellectual Property

6.1

Platform IP

KisoByte owns all rights in the platform code, documentation, trademarks, logos, UI/UX design, and trade secrets. No ownership rights are transferred to you except the limited licence above.

6.2

User-Generated Content

You retain ownership of User Content. You grant KisoByte a worldwide, royalty-free licence to host, process, transmit, and display User Content solely to provide, maintain, and improve the Services and as required by law.

6.3

Feedback

Suggestions, ideas, or feedback you provide may be used by KisoByte without restriction or compensation. You waive any claim to ownership of improvements derived from such feedback.

VII

Data Privacy & Compliance

7.1

Data Controller vs. Processor

For account and billing data, KisoByte acts as a data controller under the Kenya Data Protection Act, 2019. For personal data you process about your customers or employees through our platform, you are typically the controller and KisoByte acts as a processor.

7.2

Data Retention

We retain data for as long as your account is active and as needed for legal, tax, and security obligations. Upon deletion request, we will remove or anonymise data within a reasonable period, subject to backup retention limits.

7.3

Cross-Border Transfers

Data may be stored or processed on servers located outside Kenya where necessary for performance, redundancy, or integrated services. We implement appropriate safeguards consistent with applicable law.

7.4

Integration Privacy

Third-party integrations (WhatsApp, Chatwoot, payment gateways, LLM APIs) are governed by their own terms and privacy policies. You are responsible for configuring integrations and obtaining necessary consents from your end users.

VIII

Disclaimers & Liability

8.1

Service Availability

The Services are provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free operation. Scheduled maintenance and force majeure events may affect availability.

8.2

Limitation of Liability

To the maximum extent permitted by law, KisoByte's total liability arising from these Terms or the Services shall not exceed the fees paid by you in the twelve (12) months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages, including lost profits or data.

8.3

Indemnification

You agree to defend and indemnify KisoByte against claims arising from your misuse of the Services, violation of these Terms, infringement of third-party rights, or unlawful User Content.

Termination & Suspension

9.1

Termination by User

You may close your account through the dashboard or by written notice to info@kisobyte.co.ke. Cancellation stops future billing; access continues until the end of the paid period unless otherwise agreed.

9.2

Termination for Cause

We may suspend or terminate immediately for breach of these Terms, non-payment, illegal activity, or risk to platform security, with or without prior notice where urgent.

9.3

Data Portability

Upon termination, you may export your data within thirty (30) days where export tools are available. After that period, we may permanently delete data from active systems, subject to legal retention requirements.

Governing Law & Dispute Resolution

10.1

Governing Law

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law principles.

10.2

Dispute Resolution Process

Parties shall first attempt good-faith negotiation for thirty (30) days. Unresolved disputes may be referred to mediation in Nairobi. If mediation fails, disputes shall be resolved by binding arbitration under the Nairobi Centre for International Arbitration (NCIA) rules, unless otherwise required by law. You waive participation in class or representative actions to the extent permitted.

Miscellaneous

11.1

Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

11.2

Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, government actions, internet or power outages, or third-party service failures.

11.3

Entire Agreement

These Terms, together with any order forms, data processing addenda, and policies referenced herein, constitute the entire agreement and supersede prior oral or written understandings regarding the subject matter.

Terms of Service

Eleven sections.One clear agreement.