Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Tawala Business Management System operated by Nethub (“Nethub”, “we”, “us”, or “our”), a company registered in Kenya. By creating an account or using the Service, you agree to these Terms.

1. Definitions

“Customer” / “you” means the business or individual that registers for the Service.
“User” means any individual authorised by the Customer to access the Service.
“Customer Data” means all data uploaded, generated, or processed through the Service by or on behalf of the Customer.
“Service” means the Tawala Business Management System and related services.

2. Eligibility and Account Registration

2.1 You must be at least 18 years old and have legal capacity to enter into a binding contract under Kenyan law.

2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

2.3 You must provide accurate and complete information and keep it updated.

3. Subscription and Billing

3.1 The Service is offered under different subscription plans. Features and limits are described on our pricing page.

3.2 Fees are charged in Kenyan Shillings (KES) on a monthly or annual basis.

3.3 Failure to pay may result in suspension or termination after a seven (7) day grace period.

3.4 You may upgrade or downgrade your plan. Downgrades take effect at the next billing cycle.

4. Licence and Acceptable Use

4.1 We grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business operations.

4.2 You agree not to:

Use the Service for unlawful purposes
Attempt unauthorised access to the Service or other customers’ data
Reverse engineer or copy the software
Upload malicious code or interfere with the Service
Resell or sublicense the Service without our written consent

5. Customer Data and Licence Grant

5.1 You retain all ownership rights in your Customer Data.

5.2 You grant Nethub a worldwide, non-exclusive, royalty-free licence to use, process, analyse, store, and create derivative works from Customer Data for the following purposes:

Providing, maintaining, and supporting the Service
Improving, securing, and developing the Service (including through artificial intelligence and machine learning)
Creating aggregated and anonymised datasets
Identifying and facilitating relevant business opportunities using aggregated or anonymised insights

5.3 This licence includes the right to use aggregated and anonymised data after termination of the Service.

5.4 We will not sell your Personal Identifiable Information.

6. Service Availability and Support

6.1 We aim to maintain high availability but do not guarantee uninterrupted access.

6.2 Support is provided according to your subscription plan.

7. Intellectual Property

All rights in the Service, including software, design, trademarks, and documentation, remain the exclusive property of Nethub.

8. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party, except as required to perform obligations under these Terms or by law.

9. Limitation of Liability

9.1 To the maximum extent permitted by applicable law, Nethub shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities.

9.2 Our total aggregate liability arising out of or related to these Terms shall not exceed the total fees paid by you to Nethub in the twelve (12) months preceding the claim.

10. Indemnity

You agree to indemnify and hold Nethub harmless from any claims, losses, or damages arising out of your use of the Service, your Customer Data, or your violation of these Terms.

11. Termination

11.1 You may terminate your account at any time.

11.2 We may suspend or terminate access if you breach these Terms or fail to pay fees when due.

11.3 Upon termination, we will make Customer Data available for export for thirty (30) days, after which it may be deleted or anonymised (except for aggregated/anonymised data and records we are legally required to retain).

12. Governing Law and Dispute Resolution

12.1 These Terms shall be governed by the laws of the Republic of Kenya.

12.2 Any dispute shall first be addressed amicably. If unresolved, it shall be referred to arbitration in Nairobi in accordance with the Arbitration Act of Kenya.

13. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

14. Contact

Email: legal@nethub.co.ke

Website: https://nethub.co.ke