This End User License Agreement (“EULA” or “Agreement”) governs the license granted to you (“Customer,” “you,” or “your”) to access and use the software, websites, and platforms developed and operated by Buligen Tech Ltd (“Buligen,” “we,” “us,” or “our”), a company headquartered in Kenya. This Agreement supplements, and is incorporated into, our Terms of Service. By creating an account, accessing, or using our software, you agree to be bound by this Agreement. If you do not agree, you may not access or use it. Individual Buligen products, including Shomate, Ariff, and Mints, may have their own EULA. Where a product has its own EULA, that EULA governs your use of that product.
License Grant
Subject to your compliance with this Agreement and our Terms of Service, Buligen grants you a limited, non-exclusive, non-transferable, revocable license to access and use our software for your own internal business or personal purposes, as permitted for that software. This license does not transfer any ownership interest in our software or its intellectual property to you.
License Restrictions
You may not, and may not permit any third party to:
- Copy, modify, or create derivative works based on our software;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, or algorithms of our software;
- Sell, resell, sublicense, rent, lease, or otherwise provide our software to any third party without our prior written consent;
- Remove, obscure, or alter any proprietary notices on or within our software; or
- Use our software in any manner that violates our Terms of Service or applicable law.
Software Built for Clients
Where Buligen develops software, websites, or other work specifically for you, ownership, licensing, and delivery of that work are set out in the written agreement between you and Buligen. This EULA applies only to the extent that agreement does not say otherwise. Hosting, rack space, and cloud services are governed by their own service agreement.
Ownership
Our software, including its code, user interface, models, documentation, and all associated trademarks, logos, and branding, is owned by Buligen or its licensors and is protected by applicable intellectual property laws. No rights are granted to you except the limited license expressly set out in this Agreement.
You retain all ownership rights in the content you upload to or create with our software. How we handle that content is set out in our Privacy Policy and Terms of Service.
Your Content
You are solely responsible for ensuring you hold the necessary rights, licenses, or permissions for any content you upload to or publish through our software.
Termination of License
This license is effective until terminated. It will terminate automatically, without notice, if you fail to comply with any provision of this Agreement or our Terms of Service. Upon termination, your right to access and use our software ends immediately, and you must stop all use of it. Sections that by their nature should survive termination (including Ownership, Your Content, Disclaimer of Warranties, Limitation of Liability, and Governing Law) will survive.
Disclaimer of Warranties
OUR SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY WARRANTY OR CONSUMER PROTECTION THAT CANNOT BE EXCLUDED UNDER THE CONSUMER PROTECTION ACT, 2012 (KENYA), OR OTHER APPLICABLE MANDATORY LAW.
Limitation of Liability
Buligen’s liability arising out of or related to this Agreement is limited as set out in the Limitation of Liability section of our Terms of Service, which is incorporated into and governs this Agreement.
Governing Law
This Agreement is governed by the laws of the Republic of Kenya, without regard to conflict-of-laws principles, and is subject to the dispute resolution procedure set out in our Terms of Service.
Changes to This Agreement
We may update this Agreement from time to time. We will post the updated version on this page with a new effective date. Continued use of our software after changes take effect means you accept the revised Agreement.
Relationship to Other Policies
This Agreement is incorporated into and should be read together with our Terms of Service and Privacy Policy. If there is a conflict, the Terms of Service govern, except that a product-specific EULA governs for that product.
Contact
Questions about this Agreement may be directed to Buligen Tech Ltd at [legal email address].