These terms and conditions (the "Agreement") govern your use of the Software as a Service ("SaaS") provided by Bonga Cloud Limited ("Provider"). By accessing or using the SaaS, you agree to be bound by this Agreement. If you do not agree to these terms, do not use the SaaS.
Transparency is a value we prioritize, and we hope it resonates with you as well. In order to maximize your experience with Bonga Cloud, we kindly request your adherence to the stipulated conditions. Your ongoing use of Bonga Cloud signifies your acceptance of these terms. ✌️
1. Services:
Provider agrees to provide access to and use of the SaaS according to the selected subscription plan. Users are granted a non-exclusive, non-transferable right to access and use the SaaS solely for their internal business purposes. Explicit things to know:
2. Subscription and Fees:
Users agree to pay the fees associated with their chosen subscription plan as outlined in the pricing schedule provided by Provider. Fees are payable in advance and are non-refundable. Provider reserves the right to change fees with reasonable notice.
3. Use of SaaS:
Users agree not to:
4. Data and Privacy:
Provider may collect and use data generated from the use of the SaaS, subject to Provider's Privacy Policy. Users retain ownership of their data, and Provider will take reasonable measures to secure and protect it.
5. Intellectual Property:
All intellectual property rights, including but not limited to copyrights and trademarks, in the SaaS and related materials are owned by Provider. Users are granted a limited, non-transferable license to use the SaaS during the subscription term.
6. Support and Maintenance:
Provider will provide technical support and maintenance for the SaaS according to the terms outlined in the support agreement.
7. Termination:
Either party may terminate this Agreement with cause if the other party materially breaches its obligations. Upon termination, users' access to the SaaS will be disabled, and any outstanding fees will be due.
8. Limitation of Liability:
Provider's liability for any damages arising out of the SaaS or this Agreement is limited to the total fees paid by the user for the preceding three months.
9. Indemnification:
Users agree to indemnify, defend, and hold Provider harmless from any claims, liabilities, damages, and expenses arising from the use of the SaaS.
10. Governing Law:
This Agreement is governed by and construed in accordance with the laws of Kenya and other jurisdictions that Bonga Cloud Ltd and its subsidiaries operate in. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts of the aforementioned.
By using the SaaS, users acknowledge that they have read, understood, and agree to these terms and conditions. This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings.