Terms of Service

Introduction

Welcome to Novel Cloud Ltd ("we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Novel Cloud Ltd regarding your use of our website, services, and any related applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

Acceptance of Terms

By accessing or using our Services, you represent and warrant that:

• You are at least 18 years old or have parental consent
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and current
• You will not use our Services for any unlawful purpose

Description of Services

Novel Cloud provides cloud solutions, systems integration, AI-enhanced digital transformation, cybersecurity, and related technology services. Our Services include:

• Cloud infrastructure and migration services
• AI and data analytics solutions
• Cybersecurity and compliance services
• Digital innovation and transformation consulting
• Business application integration
• Technical support and maintenance

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

User Accounts and Registration

Certain features of our Services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from unauthorized use of your account.

Acceptable Use

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any harmful, malicious, or offensive content
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems
• Use automated systems to scrape, crawl, or harvest data
• Impersonate any person or entity
• Engage in any fraudulent or deceptive practices
• Distribute spam, unsolicited communications, or malware
• Reverse engineer or attempt to extract source code

Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and code, are owned by Novel Cloud Ltd or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, or create derivative works without permission
• Use our trademarks, logos, or branding without authorization
• Remove or alter any copyright or proprietary notices
• Use our content for commercial purposes without a license

You retain ownership of any content you submit to us, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content in connection with our Services.

Payment Terms

If you purchase any paid Services:

• You agree to pay all fees as specified in your service agreement
• Fees are non-refundable unless otherwise specified
• We may change our pricing with notice to you
• You are responsible for any applicable taxes
• Payment must be made through approved payment methods
• Late payments may result in service suspension or termination

Service Level Agreement

We strive to provide reliable Services but do not guarantee uninterrupted or error-free operation. Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied.

Specific service level commitments may be outlined in separate service agreements for enterprise clients.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVEL CLOUD LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OUR SERVICES.

Our total liability for any claims arising from our Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Novel Cloud Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit or transmit through our Services

Termination

We may terminate or suspend your access to our Services immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Discontinuation of Services

Upon termination, your right to use our Services will cease immediately. You may also terminate your account at any time by contacting us.

Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved through:

• Good Faith Negotiation: First, we will attempt to resolve disputes through direct communication
• Mediation: If negotiation fails, disputes may be submitted to mediation
• Arbitration: Any disputes not resolved through negotiation or mediation shall be settled through binding arbitration in accordance with the laws of Kenya
• Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending email notifications for significant changes (if applicable)

Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and Novel Cloud Ltd regarding your use of our Services.

Contact Information

If you have any questions about these Terms of Service, please contact us: