Terms of Service

1Introduction

Welcome to Synthix Technologies Limited (“Synthix”, “we”, “our” or “us”).

Synthix Technologies Limited is a company incorporated in the Republic of Kenya. We develop, operate and provide technology solutions, software platforms, digital applications and related services to businesses, organizations, individuals and families.

These Terms of Service (“Terms”) govern your access to and use of websites, mobile applications, software, digital platforms, products and services operated or provided by Synthix.

By accessing, registering for, purchasing or using any of our services, you agree to these Terms and any applicable product-specific terms.

If you do not agree to these Terms, you should discontinue using the relevant service.

2Definitions

For purposes of these Terms:

• Company, Synthix, we, us or our: Refers to Synthix Technologies Limited.
• Services: Refers to all software, applications, websites, platforms, technology solutions, subscriptions, integrations and related services offered by Synthix.
• Platform: Refers to any digital environment, website, application or software operated by Synthix.
• User, you or your: Refers to any individual accessing or using our Services.
• Customer: Refers to an individual, business or organization purchasing or subscribing to our Services.
• Business Customer: Refers to an organization, company or other entity using our Services for business or operational purposes.
• Account: Refers to a registered user profile or organizational account created to access a Service.
• Customer Data: Refers to information, records, files and other content submitted to or stored within a Service by or on behalf of a Customer.
• Subscription: Refers to a paid or recurring access arrangement for a Service or its features.

3Scope of Services

Synthix provides a range of technology products and services, which may include:

• Enterprise software and business management systems.
• Property and facilities management solutions.
• Workflow automation and operational management platforms.
• Web and mobile applications.
• Educational and family-oriented digital applications.
• Software development and technology consulting.
• Digital integrations, APIs and third-party service connectivity.
• Other technology products and services introduced from time to time.

The availability, functionality, pricing and conditions of individual Services may differ.

Certain Services may have additional product-specific terms, subscription conditions, service agreements or other contractual requirements. Where applicable, those additional terms will supplement these Terms.

If a product-specific agreement conflicts with these general Terms, the product-specific agreement will prevail for the relevant Service and subject matter.

4Eligibility and Accounts

You must have the legal capacity to enter into a binding agreement to create an account and use our Services.

Where an individual is below the age of legal capacity, access must be provided or authorized by a parent or legal guardian where required by applicable law.

When creating an account, you agree to:

• Provide accurate, complete and current information.
• Keep your login credentials confidential.
• Maintain the security of your account.
• Notify us promptly of unauthorized access or suspected compromise.
• Ensure that individuals accessing your account are authorized to do so.
• Keep your account information updated.

You are responsible for activities conducted through your account, except where such responsibility cannot legally be attributed to you or arises from our own failure to meet applicable obligations.

We may request additional information to verify account ownership, eligibility or organizational authority.

5Acceptable Use

You agree to use our Services lawfully and responsibly.

You must not:

• Use our Services for unlawful, fraudulent or deceptive activities.
• Attempt unauthorized access to our systems, accounts, infrastructure or networks.
• Introduce malicious software, harmful code or security vulnerabilities.
• Interfere with the availability, integrity or performance of our Services.
• Reverse engineer, decompile or attempt to extract source code except where permitted by applicable law.
• Copy, resell, sublicense or commercially exploit our Services without authorization.
• Infringe intellectual property, privacy or other legal rights.
• Upload content that is unlawful, harmful or violates the rights of others.
• Circumvent access controls, subscription restrictions or security mechanisms.
• Use automated means to abuse, scrape or disrupt our platforms without authorization.

We may investigate suspected violations and take appropriate action, including restricting access, suspending accounts or terminating Services.

6Subscriptions, Fees and Payments

Certain Services may be provided free of charge, while others may require payment, subscriptions, licensing fees or other charges.

Where payment is required, the applicable pricing, billing frequency, subscription period and payment conditions will be presented before purchase or activation.

Unless otherwise stated:

• Fees are payable in the currency indicated at the time of purchase.
• Subscription payments may be recurring.
• You authorize the applicable payment provider to process payments in accordance with your selected payment method and subscription arrangement.
• Applicable taxes, duties or statutory charges may be added where required.
• You are responsible for maintaining valid payment information.
• We may change our pricing prospectively, subject to applicable notice and consumer protection requirements.

6.1 Subscription Renewals

Subscriptions may automatically renew where this arrangement is disclosed during purchase.

The renewal period, applicable charges and cancellation procedure will be communicated through the relevant Service or checkout process.

You may cancel recurring subscriptions through the available account settings or the relevant payment provider, as applicable.

Cancellation generally prevents future renewals. It does not automatically entitle you to a refund for a billing period already commenced, except where required by law or stated in the applicable product terms.

6.2 Refunds

Refund eligibility depends on the nature of the Service, the applicable purchase conditions and relevant consumer protection laws.

Where a Service is purchased through an application marketplace or third-party payment provider, its refund procedures may also apply.

Nothing in these Terms excludes or limits any mandatory refund, cancellation or consumer rights available under applicable law.

6.3 Failed Payments

Where payment fails, we may notify you and provide an opportunity to update your payment information.

We may restrict paid features or suspend subscription access if payment remains outstanding, subject to applicable law and any relevant contractual notice requirements.

7Customer Responsibilities

Customers are responsible for:

• Ensuring that information supplied to our Services is accurate and lawful.
• Obtaining necessary permissions and consents before submitting personal information belonging to other individuals.
• Maintaining appropriate access controls for their users.
• Using the Services in accordance with applicable laws.
• Maintaining copies of important business records where appropriate.
• Ensuring that their use of the Services does not violate third-party rights.

Business Customers are responsible for determining whether their use of a Service meets their particular regulatory, operational and contractual requirements.

Where a Business Customer uses our Services to manage information belonging to employees, tenants, visitors, customers or other individuals, the Business Customer must ensure it has an appropriate legal basis and authority for that processing.

8Customer Data and Content

Customers retain ownership of their Customer Data.

By submitting or making Customer Data available through our Services, you grant Synthix a limited, non-exclusive right to host, store, reproduce, transmit and otherwise process that information to the extent reasonably necessary to provide, maintain, secure and support the relevant Service.

This permission does not transfer ownership of Customer Data to Synthix.

You represent that you have the necessary rights and permissions to submit such information.

We will handle personal data in accordance with our Privacy Policy and, where applicable, a separate Data Processing Agreement.

Customers are responsible for the legality and accuracy of information they submit, subject to our own legal obligations.

9Intellectual Property

All intellectual property rights in Synthix’s software, source code, designs, interfaces, trademarks, logos, documentation, platform architecture and proprietary technology remain owned by Synthix or its respective licensors.

These Terms do not transfer ownership of such intellectual property to you.

Subject to these Terms and any applicable subscription or licensing agreement, Synthix grants you a limited, non-exclusive, non-transferable and revocable right to access and use the relevant Service for its intended purpose.

You must not:

• Copy or redistribute proprietary software without authorization.
• Remove copyright or proprietary notices.
• Use Synthix trademarks without permission.
• Claim ownership of Synthix intellectual property.
• Exploit proprietary technology outside the scope of your authorization.

Any intellectual property specifically developed for a Customer under a separate software development agreement will be governed by that agreement.

10Third-Party Services and Integrations

Our Services may integrate with or rely on third-party services, including:

• Cloud hosting and infrastructure providers.
• Payment processors and financial service providers.
• Email and SMS delivery providers.
• Application distribution platforms.
• Analytics and monitoring services.
• External APIs and software integrations.

Third-party services may have their own terms, privacy policies, availability conditions and operational limitations.

Synthix is not responsible for independent third-party services beyond the responsibilities imposed on us by applicable law or an applicable agreement.

We may modify or discontinue integrations where necessary for security, operational, contractual or technical reasons.

11Availability and Maintenance

We aim to provide reliable and secure Services.

However, uninterrupted availability cannot be guaranteed.

Our Services may occasionally be unavailable because of:

• Scheduled maintenance.
• Technical upgrades or infrastructure changes.
• Internet or telecommunications disruptions.
• Third-party service interruptions.
• Cybersecurity incidents.
• Events outside our reasonable control.

Where reasonably practicable, we will provide advance notice of planned maintenance or significant changes affecting customers.

For Services covered by a separate Service Level Agreement, the availability commitments in that agreement will apply.

12Changes to Services

Synthix may introduce new features, modify existing functionality, improve performance or discontinue certain features.

Where a change materially affects a paid Service, we will provide reasonable notice where practicable and comply with applicable contractual and consumer protection obligations.

Where a material change significantly affects your ability to use a Service, you may have additional rights under the applicable product agreement or law.

13Suspension and Termination

We may suspend or restrict access to a Service where reasonably necessary because of:

• A material breach of these Terms.
• Suspected fraud or unlawful activity.
• Security threats or unauthorized access.
• Unpaid fees or overdue accounts.
• Legal or regulatory requirements.
• Activities that materially threaten the operation or integrity of our Services.

Where reasonably practicable, we will notify the affected Customer and provide an opportunity to remedy the issue before suspension.

You may stop using a Service or terminate your account in accordance with the applicable product terms.

Upon termination:

• Your right to access the relevant Service will end, subject to any surviving contractual rights.
• Outstanding payment obligations will remain payable.
• Customer Data will be handled in accordance with our Privacy Policy, applicable retention obligations and any relevant Data Processing Agreement.
• Certain provisions, including intellectual property, confidentiality, liability and dispute resolution, will survive where their nature requires.

Where technically and contractually available, we will provide reasonable means for Customers to retrieve their data before permanent deletion.

14Confidentiality

Where either party receives confidential information from the other in connection with a Service, it agrees to take reasonable steps to protect that information.

Confidential information must not be disclosed to unauthorized persons except where:

• Disclosure is authorized by the disclosing party.
• Disclosure is necessary to provide the relevant Service.
• Disclosure is required by law or a competent authority.
• The information is already publicly available through no breach of confidentiality.

Business Customers may be subject to additional confidentiality obligations under separate agreements.

15Warranties and Disclaimers

We will provide our Services with reasonable care and skill, subject to the nature of the relevant Service and applicable law.

Except where expressly stated in an applicable agreement or required by law, Services are provided on an “as available” basis.

We do not guarantee that:

• Every Service will operate without interruption.
• Every feature will be available at all times.
• The Services will meet every individual business or personal requirement.
• Third-party integrations will remain continuously available.
• All errors or technical issues can be eliminated.

Nothing in these Terms excludes any warranty, representation or statutory protection that cannot lawfully be excluded.

16Limitation of Liability

To the maximum extent permitted by applicable law, Synthix will not be liable for indirect or consequential losses, including loss of anticipated profits, business opportunities, goodwill or revenue, where such exclusions are legally permissible.

Synthix will not be responsible for losses arising from:

• Incorrect information supplied by a Customer.
• Unauthorized use of an account resulting from the Customer’s failure to maintain account security.
• Misuse of a Service.
• Independent third-party service failures.
• Events outside our reasonable control.

For Business Customers, any agreed financial liability limits may be set out in a separate service agreement or product-specific contract.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, gross negligence where applicable, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited.

For individual consumers, mandatory statutory rights and protections remain unaffected.

17Indemnification

To the extent permitted by applicable law, you agree to be responsible for losses, claims and reasonable expenses arising from your unlawful use of a Service, infringement of third-party rights or material breach of these Terms.

This provision does not apply to the extent a claim results from Synthix’s own breach, negligence or unlawful conduct.

Additional indemnification obligations may be agreed in separate Business Customer contracts.

18Force Majeure

Neither party will be responsible for a failure or delay in performing obligations to the extent caused by events beyond its reasonable control.

Such events may include natural disasters, war, civil unrest, government action, widespread infrastructure failure, telecommunications disruptions, epidemics and other comparable events.

The affected party should take reasonable steps to minimize the impact and resume performance when practicable.

This clause does not remove payment obligations for Services already properly provided or any other obligations that cannot legally be suspended.

19Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya.

The parties will make reasonable efforts to resolve disputes through good-faith discussions.

Where a dispute cannot be resolved informally, either party may pursue available remedies before the competent courts of Kenya, subject to any mandatory dispute resolution rights or procedures under applicable law.

Nothing in this section prevents a consumer from exercising rights before a competent regulatory authority or tribunal.

20Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, business operations, legal requirements or security practices.

The latest version will be published through the relevant website or platform with an updated revision date.

Where changes materially affect existing users, we will provide reasonable notice through appropriate communication channels.

Continued use after the effective date of revised Terms may constitute acceptance where legally valid. Where affirmative consent is required, we will obtain it.

21Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

22Entire Agreement

These Terms, together with applicable product-specific terms, service agreements, subscription conditions and referenced policies, constitute the agreement governing your use of the relevant Services.

They do not override any separately executed agreement to the extent that the separate agreement expressly provides otherwise.

23Contact Information

For questions, complaints or requests concerning these Terms, please contact: