These Terms and Conditions govern the use of Novati 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
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 Novati 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@novati.tech
• Response times are subject to the Company's business hours and any applicable support agreements.
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