Terms of Service

1. Acceptance of Terms

By accessing and using the website and services provided by Zaky Systems Ltd ("we," "us," or "our"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, you should not use our services.

2. Description of Service

Zaky Systems Ltd provides software development services, SaaS products, and technology consulting services (collectively, the "Services"). Our Services include but are not limited to custom software development, cloud solutions, and enterprise software products such as MakinHub, TransitHub, and Biasharix.

3. User Rights and Responsibilities

Users of our Services agree to:

• Provide accurate and complete information when using our services
• Maintain the security of their account credentials
• Use our Services in compliance with all applicable laws and regulations
• Not attempt to reverse engineer, modify, or exploit our software
• Not use our Services for any unlawful or prohibited purpose

4. Intellectual Property

All content, software, designs, graphics, and other materials provided by Zaky Systems Ltd are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our materials without express written permission.

5. Payment and Billing

For paid Services, you agree to pay all fees as described in your service agreement. Payment terms vary based on the Service tier and engagement model. All fees are non-refundable unless otherwise specified in a written agreement.

6. Limitation of Liability

Zaky Systems Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use our Services. Our total liability shall not exceed the amount paid by you for the Services in the twelve (12) months preceding the claim.

7. Disclaimer of Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, secure, or error-free.

8. Indemnification

You agree to indemnify, defend, and hold harmless Zaky Systems Ltd and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our Services or violation of these Terms.

9. Termination

We reserve the right to terminate or suspend your access to our Services at any time, with or without cause, upon written notice. Upon termination, your right to use our Services will immediately cease, and any outstanding fees shall become immediately due.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website. Your continued use of our Services after such changes constitutes acceptance of the new Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at info@zaky.co.ke or call us at +254701887881.