Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website located at datacraft.co.ke (the "Website") operated by Datacraft Limited, a company registered in Kenya ("Datacraft", "we", "us", or "our"). Please read these Terms carefully before using the Website.

1. Acceptance of Terms

By accessing or using the Website you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must not use the Website.

These Terms constitute a legally binding agreement between you and Datacraft Limited. Your continued use of the Website after any modification of these Terms constitutes your acceptance of the revised Terms.

If you are using the Website on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms, and references to "you" include both you and that organisation.

2. Use of the Website

You may use the Website for lawful purposes only, in accordance with these Terms and all applicable Kenyan laws and regulations. Specifically, you agree not to:

• Scrape or harvest content. Use any automated tool, bot, spider, crawler, scraper, or other means to extract, copy, index, or monitor any portion of the Website or its content without our prior written consent.
• Impersonate others. Impersonate Datacraft, any Datacraft employee, another user, or any other person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Engage in illegal activity. Use the Website for any purpose that is unlawful, fraudulent, harmful, or that facilitates illegal activity, including but not limited to money laundering, fraud, or violations of data protection laws.
• Interfere with operations. Upload or transmit viruses or any other malicious code, or take any action that may impose an unreasonable or disproportionately large load on our infrastructure, or interfere with the proper functioning of the Website.
• Circumvent security controls. Attempt to gain unauthorised access to any part of the Website, its servers, or any system or network connected to the Website.
• Reproduce commercial content. Copy, reproduce, republish, upload, post, transmit, or distribute any Website content for commercial purposes without our express written permission.

We reserve the right to investigate and take appropriate legal action against any party that violates these provisions, including reporting to law enforcement authorities.

3. Intellectual Property

Proprietary content. Unless otherwise stated, all content on the Website — including but not limited to text, graphics, logos, icons, images, product descriptions, marketing materials, and compiled software — is the exclusive property of Datacraft Limited or its content suppliers and is protected under Kenyan and international intellectual property laws. All rights are reserved.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and view the Website content for your personal, non-commercial informational use only. This licence does not include any resale or commercial use of the Website or its contents, any collection and use of product listings or descriptions, or any derivative use of the Website or its contents.

Open source products. Certain Datacraft software products — including AppGen-X, APG, and Hyperion-EMV — are released as open source under the MIT License. Your use of those products is governed solely by the terms of the MIT License as published in the respective product repositories. Nothing in these Terms restricts or expands the rights granted by the MIT License for those specific open source projects.

Trademarks. "Datacraft", the Datacraft logo, and all product names including Lindela, MeGuard, Askari, FleetOptima, AVIS, dArchiva, ALE, Shule, Hyperion-X, and Token-X are trademarks or registered trademarks of Datacraft Limited. You may not use any of these marks without our prior written consent.

4. Product Terms

The Website provides information about Datacraft's enterprise software products and services. Access to and use of any Datacraft product is governed by separate product-specific agreements, including Software Licence Agreements, Service Level Agreements, and Master Services Agreements, as applicable.

These Terms do not grant you any right to use any Datacraft product. No product licence, subscription, or service entitlement arises solely from your use of the Website.

For commercial licensing enquiries, enterprise agreements, proof-of-concept engagements, or any other product-related discussions, please contact us at hello@datacraft.co.ke or via our contact page. We will direct you to the appropriate commercial terms for the product or service you are interested in.

Open source products distributed under the MIT License (as identified in Section 3 above) are subject to the terms of that licence, not to any separate commercial agreement unless otherwise agreed in writing.

5. Limitation of Liability

Website provided as-is. The Website and all information, content, and materials contained therein are provided on an "as is" and "as available" basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Datacraft does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components, or that any defects will be corrected. We do not warrant the accuracy, completeness, or currentness of any content on the Website.

No consequential damages. To the fullest extent permitted by applicable Kenyan law, Datacraft Limited and its directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with:

• your access to or use of (or inability to access or use) the Website;
• any content obtained from or through the Website;
• unauthorised access to or alteration of your transmissions or data;
• the conduct of any third party on or through the Website;
• any other matter relating to the Website.

This limitation applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Datacraft has been advised of the possibility of such damages.

Where liability cannot be excluded under applicable law, our aggregate liability shall not exceed KES 10,000 (ten thousand Kenya shillings) or the amount you paid to Datacraft in the twelve months preceding the event giving rise to the claim, whichever is greater.

6. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Language. These Terms are drafted in English. In the event of any translation, the English language version shall prevail.

Jurisdiction. Each party irrevocably agrees that the courts of Nairobi, Kenya shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation. You waive any objection to the laying of venue of any such proceeding in the courts of Nairobi and waive any objection that such courts are an inconvenient forum.

Nothing in this clause limits our right to seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect our intellectual property or confidential information.

7. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will provide at least 30 days' notice by posting a prominent notice on the Website, updating the "Effective date" at the top of this page, or both.

Non-material changes (such as corrections of typographical errors or clarifications that do not alter the substantive rights or obligations of either party) may be made without prior notice and will take effect immediately upon posting.

It is your responsibility to review these Terms periodically. Your continued use of the Website after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must stop using the Website before the effective date of the changes.

8. Contact

If you have any questions, concerns, or requests relating to these Terms, please contact us:

We aim to respond to all enquiries within 5 business days.

See also: Privacy Policy  ·  GDPR Notice