Terms of Service

Buligen builds and operates software products and offers software development, web hosting, data center rack space, and cloud services. Which of these you use determines which parts of these Terms apply to you. Hosting, rack space, cloud, and custom development services may also be covered by a separate written agreement with us.

You must be at least 18 years old and legally authorized to bind the business or organization on whose behalf you register or contract with us. You are responsible for keeping your login credentials confidential and for all activity under your account. You must give us accurate information and keep it up to date.

Where a service is paid, the fees, billing cycle, and applicable taxes will be set out at checkout or in your written agreement with us, and may change with reasonable prior notice. Unless your agreement says otherwise, fees are charged in advance and, except where required by law, are non-refundable.

You may cancel a paid service at any time in line with its terms. Unless your agreement says otherwise, cancellation takes effect at the end of the billing period you have already paid for.

Where Buligen develops software, websites, or other work specifically for you, the scope, deliverables, fees, ownership, and licensing of that work are set out in the written agreement between you and Buligen. These Terms apply to that work only to the extent the agreement does not say otherwise.

If you use our rack space or cloud services (such as hosting, storage, and backup), you remain responsible for the content, software, and data you place on our infrastructure, for keeping your own copies and backups unless your agreement says we provide them, and for having the right to store and process that data. We process your data only as needed to provide the services and as set out in your agreement and our Privacy Policy. We do not guarantee uninterrupted availability except as stated in a written service level agreement.

You keep all ownership rights in the content you upload to or create with our services. You grant Buligen a limited, non-exclusive, worldwide license to host, process, and transmit that content solely as needed to provide the services and at your direction. You confirm that you own or have all necessary rights to your content, and that it does not infringe any third party’s rights or violate any applicable law.

Where personal data is processed through our services and you or your customers are in Kenya, it is handled in line with the Data Protection Act, 2019. See our Privacy Policy for details.

Our software, websites, platforms, documentation, and all associated trademarks, logos, and branding are owned by Buligen or its licensors and are protected by applicable intellectual property laws. Subject to these Terms and our End User License Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use our software for your own internal business or personal purposes. No other rights are granted, whether by implication, estoppel, or otherwise.

You agree not to use our services to:

• Violate any applicable law or regulation;
• Infringe the intellectual property, privacy, or other rights of any third party;
• Store, publish, or distribute unlawful, false, defamatory, hateful, harassing, or malicious content, including malware;
• Attempt to gain unauthorized access to our systems or those of other customers;
• Interfere with or disrupt the integrity or performance of our services;
• Copy, reverse engineer, or create derivative works of our software except as the law allows; or
• Resell or provide access to our services to any third party without our prior written consent.

Our services may depend on third-party providers, platforms, and infrastructure, such as cloud, payment, and telecommunications providers. These providers may change, restrict, or discontinue their services at any time. We are not liable for loss or disruption arising from the actions, outages, or policy changes of third parties.

OUR WEBSITE, SOFTWARE, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. 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.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BULIGEN AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS A WRITTEN AGREEMENT WITH YOU STATES A DIFFERENT LIMIT, BULIGEN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO BULIGEN FOR THE RELEVANT SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

This Limitation of Liability is incorporated into, and governs, our End User License Agreement.

You agree to indemnify, defend, and hold harmless Buligen, its officers, employees, contractors, and affiliates from claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) content you upload, store, or publish through our services; (b) your use or misuse of our services; (c) your violation of these Terms or any other Buligen policy; (d) your violation of applicable law or the rights of any third party; or (e) any dispute between you and your own customers or other third parties arising from your use of our services.

We may suspend or terminate your access to our services, in whole or in part, where we believe in good faith that you have violated these Terms, created security risk or legal exposure for Buligen, or harmed other customers or third parties. Where reasonably possible, we will give you notice and a chance to fix the problem first, but we may act without notice where needed to protect our systems, other customers, or to comply with the law. Any written agreement with you may set different termination terms, and those will apply to that agreement.

On termination, your right to use the services ends. Sections that by their nature should survive termination will survive, including those on ownership, disclaimers, limitation of liability, indemnification, and governing law.

Buligen is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, internet, telecommunications, or power failures, governmental action, or the acts or omissions of third-party providers.

We may modify, suspend, or discontinue any part of our services at any time. We may also update these Terms from time to time. We will post the updated version on this page with a new effective date and, for material changes, notify you by email or within the service. Continued use after changes take effect means you accept the updated Terms.

You may not assign, transfer, or sublicense your account or any rights or obligations under these Terms without our prior written consent. Buligen may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

Our failure to enforce any right or provision of these Terms is not a waiver of that or any other right or provision. A waiver is effective only if it is in writing and signed by Buligen.

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or our services shall first be addressed through good-faith negotiation between the parties. If it is not resolved within thirty (30) days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Kenya or, at Buligen’s election, resolved by arbitration seated in Nairobi, Kenya, under the Arbitration Act, 1995 (Kenya). Any arbitration will be conducted by a single arbitrator in the English language.

Any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this waiver is found unenforceable for a particular claim, that claim (and only that claim) will proceed in court rather than arbitration, and the rest of this section remains in effect.

If you are a customer located outside Kenya, mandatory consumer-protection provisions of your country of residence may still apply and are not waived by this section.

These Terms, together with our Privacy Policy, our End User License Agreement, and any written agreement between you and Buligen, are the entire agreement between you and Buligen about their subject matter. If there is a conflict, a signed written agreement governs first, then a product-specific terms document for that product, then these Terms. If any provision is found unenforceable, the remaining provisions stay in full force and effect.

Questions about these Terms may be directed to Buligen Tech Ltd at [legal email address].