Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Axtrivex Technologies website (the "Site") or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these terms, you must not use our services. Your continued use of our services following the posting of any changes to these terms constitutes acceptance of those changes.

Binding Agreement

These Terms constitute a legally binding agreement between you and Axtrivex Technologies. By using our services, you represent that you have the legal authority to enter into this agreement.

2. Description of Services

Axtrivex Technologies provides a comprehensive range of technology services including:

• Software Development: Custom web applications, mobile apps, and enterprise solutions
• Training & Education: Technical workshops, coding bootcamps, and professional development
• Consultancy Services: Technology strategy, digital transformation, and project management
• Digital Solutions: Website development, e-commerce platforms, and digital marketing
• Research & Development: Innovation projects, prototype development, and feasibility studies

Service Modifications

We reserve the right to modify, suspend, or discontinue any service at any time without notice. We will not be liable for any modification, suspension, or discontinuation of services.

Third-Party Services

Our services may integrate with third-party platforms and tools. We are not responsible for the availability, functionality, or terms of service of third-party providers.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age or have parental/guardian consent
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using our services under applicable laws
• Provide accurate and complete information when required

Business Clients

If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Geographic Restrictions

Our services are primarily designed for clients in Africa and emerging markets. We reserve the right to restrict access based on geographic location or local regulations.

4. User Accounts

Some services may require you to create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Providing accurate and up-to-date information

Account Security

You must choose a strong password and enable two-factor authentication when available. We recommend regular password updates and monitoring of account activity.

Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.

5. User Conduct

You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with the normal operation of our services
• Impersonate others or provide false information
• Engage in spam, phishing, or other deceptive practices

Professional Standards

All interactions should maintain professional standards appropriate for business environments. Harassment, discrimination, or abusive behavior will not be tolerated.

Content Guidelines

Any content you submit must be original, appropriate, and comply with our community guidelines. We reserve the right to remove content that violates these standards.

6. Intellectual Property

All content, features, and functionality of our services are owned by Axtrivex Technologies and are protected by international copyright, trademark, and other intellectual property laws.

Our Rights

• All source code, designs, and proprietary methodologies
• Trademarks, logos, and brand materials
• Documentation, training materials, and educational content
• Research findings and innovation outputs

Client Rights

For custom development projects, clients retain rights to:

• Final deliverables created specifically for their project
• Data and content they provide
• Customizations built on open-source foundations (subject to licensing)

License to Use

We grant you a limited, non-exclusive, non-transferable license to use our services for their intended purpose. This license terminates when your use of our services ends.

7. Payment Terms

Payment terms vary by service type and project scope. Standard terms include:

Project-Based Services

• 50% deposit required to commence work
• Remaining balance due upon project completion
• Payment terms: Net 30 days from invoice date
• Late payments subject to 1.5% monthly interest charge

Training Services

• Full payment required for registration
• Refund policy available up to 7 days before training
• Corporate training billed on completion

Ongoing Services

• Monthly billing in advance
• Annual discounts available
• Auto-renewal with 30-day cancellation notice

Accepted Payment Methods

We accept bank transfers, mobile money, credit cards, and other locally relevant payment methods. All prices are in USD unless otherwise specified.

8. Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Technical difficulties or system failures
• Third-party service outages
• Force majeure events

Maintenance Windows

We will provide advance notice of scheduled maintenance when possible. Emergency maintenance may be performed without prior notice.

Service Level Commitment

For enterprise clients, specific service level agreements (SLAs) will be defined in separate service agreements.

9. Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Security or freedom from viruses

Professional Advice

Our services and content are for informational purposes and should not be considered as professional legal, financial, or technical advice without specific consultation.

Third-Party Content

We are not responsible for the accuracy, completeness, or usefulness of third-party content or services integrated with our platform.

10. Limitation of Liability

To the maximum extent permitted by law, Axtrivex Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or business opportunities
• Business interruption or system downtime
• Cost of procurement of substitute services
• Any other commercial damages or losses

Maximum Liability

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for the specific service giving rise to the claim in the 12 months preceding the incident.

Essential Services

Some jurisdictions do not allow the limitation of certain damages. In such cases, our liability shall be limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Axtrivex Technologies, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

• Your use of our services
• Violation of these Terms
• Infringement of third-party rights
• Any content you submit or transmit

Defense Rights

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

12. Termination

Either party may terminate the use of services at any time:

Termination by You

• Stop using our services at any time
• Request account deletion (where applicable)
• Cancel ongoing services with appropriate notice

Termination by Us

We may terminate or suspend your access immediately for:

• Violation of these Terms
• Fraudulent or illegal activities
• Non-payment of fees
• Abuse of our services or staff

Effect of Termination

Upon termination, your right to use our services ceases immediately. Provisions that should survive termination (such as payment obligations, intellectual property rights, and limitation of liability) will continue to apply.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.

Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Nairobi, Kenya, and you consent to the jurisdiction of such courts.

International Compliance

Where services are provided internationally, local laws may also apply. We will work to ensure compliance with applicable regulations in client jurisdictions.

14. Dispute Resolution

We encourage resolution of disputes through direct communication. Our dispute resolution process includes:

Informal Resolution

• Direct discussion with project manager or account representative
• Escalation to senior management if needed
• 30-day period for good faith resolution efforts

Mediation

If informal resolution fails, disputes may be resolved through mediation by a mutually agreed mediator in Nairobi, Kenya.

Arbitration

For disputes exceeding $10,000 USD, binding arbitration may be required under the rules of the Chartered Institute of Arbitrators (Kenya).

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

15. Modifications

We reserve the right to modify these Terms at any time. Changes will be effective when posted on our website.

Notification Process

• Email notification to registered users
• Prominent notice on our website
• 30-day notice period for material changes

Continued Use

Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. If you disagree with changes, you must discontinue use of our services.

Version Control

We maintain archived versions of our Terms. The "Last Updated" date at the top of this document indicates the most recent revision.

16. Contact Information

For questions about these Terms of Service or to report violations, please contact us:

Legal Representation

For formal legal matters, our legal counsel can be reached through our registered office. All legal notices should be sent via certified mail or registered email.