Terms of Service

1. Scope

These Terms apply generally to BosonWare websites, accounts, software products, SaaS services, APIs, documentation, support services, and other offerings operated by BosonWare.

Certain products or services may have additional terms, including:

• SaaS Service Terms, applicable to subscription-based hosted services;
• Software License Agreement, applicable to purchased BosonWare software;
• Product-specific terms, policies, or agreements presented at the time of purchase or use.

Where additional terms apply, those terms supplement these Terms. If there is a conflict, the product-specific terms will control with respect to that product or service.

2. Eligibility

You must have the legal capacity to enter into a binding agreement under applicable law.

If you use BosonWare services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. BosonWare Accounts

Certain BosonWare products require an account. You are responsible for:

• providing accurate account information;
• maintaining the security of your credentials;
• protecting access to your account;
• notifying us of suspected unauthorized access; and
• all activity performed through your account, except where caused by our own failure to maintain reasonable security.

You must not share credentials in a manner that circumvents account limits, licensing restrictions, or security controls.

4. Acceptable Use

You may use BosonWare products and services only for lawful purposes. You must not use BosonWare products, services, infrastructure, accounts, or systems to:

• violate applicable laws or regulations;
• commit, facilitate, or conceal criminal activity;
• engage in fraud, deception, or impersonation;
• distribute malware, ransomware, or other malicious software;
• attempt unauthorized access to systems or accounts;
• interfere with the operation or security of our systems;
• conduct unauthorized scanning, exploitation, or attacks;
• distribute unlawful or malicious content;
• infringe intellectual property, privacy, or other rights;
• circumvent technical, account, licensing, or usage restrictions;
• abuse, harass, threaten, or intentionally harm others;
• operate services designed primarily to facilitate abuse or unlawful activity; or
• otherwise use BosonWare in a manner that creates unreasonable risk to BosonWare, our customers, our infrastructure, or third parties.

We may take reasonable action to prevent, investigate, or respond to suspected abuse or unlawful activity.

5. Intellectual Property

BosonWare and its licensors retain all rights, title, and interest in BosonWare software, trademarks, branding, websites, documentation, source code, designs, infrastructure, and other proprietary materials unless expressly stated otherwise.

These Terms do not transfer ownership of BosonWare intellectual property to you. Your rights to purchased software are governed by the applicable Software License Agreement.

6. Customer Content

You retain ownership of content that you submit to BosonWare services, except for rights expressly granted to us under applicable service terms.

You grant BosonWare the limited rights reasonably necessary to host, process, transmit, store, secure, and provide the requested service.

You are responsible for ensuring that you have the necessary rights to content you upload, transmit, publish, or otherwise process through BosonWare.

7. Third-Party Services

BosonWare products may integrate with or depend upon third-party services. Third-party services may be governed by their own terms and privacy policies.

BosonWare is not responsible for independent third-party services outside our reasonable control.

8. Purchases and Payments

Paid products and services are subject to the pricing and payment terms presented at the time of purchase.

Subscription services are additionally governed by the applicable SaaS Service Terms. Purchased software is additionally governed by the applicable Software License Agreement.

9. Suspension and Termination

We may suspend or restrict access to a BosonWare service where reasonably necessary to:

• prevent security threats;
• investigate suspected abuse;
• comply with applicable law;
• prevent fraud;
• protect our infrastructure or other users; or
• address a material violation of these Terms or applicable product terms.

Where reasonably practicable, we will provide notice and an opportunity to resolve the issue.

Termination of a SaaS account does not automatically terminate rights granted under a separate perpetual software license, unless the applicable license agreement expressly provides otherwise.

10. Availability

BosonWare aims to provide reliable products and services but does not guarantee that every service will always be uninterrupted or error-free.

Specific availability commitments, if any, are defined in the applicable product or service terms.

11. Disclaimers

To the maximum extent permitted by applicable law, BosonWare products and services are provided on an "as available" basis without warranties beyond those expressly provided in the applicable agreement.

Nothing in these Terms excludes or limits rights or remedies that cannot lawfully be excluded or limited.

12. Limitation of Liability

To the maximum extent permitted by applicable law, BosonWare will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of our products or services.

Our aggregate liability arising from a particular product or service will be limited to the amount paid by the affected customer for that product or service during the applicable period, except where such limitation is prohibited by law.

Nothing in these Terms limits liability that cannot legally be limited.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through reasonable means where appropriate.

The updated Terms will become effective on the date specified in the revised version.

14. Governing Law

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law principles.

Subject to any mandatory rights available under applicable law, disputes will be subject to the jurisdiction of the courts of Kenya.