Terms and Conditions

1. ACCEPTANCE OF TERMS

Welcome to Hydrasoft Technologies ("Hydrasoft", "we", "us", or "our"). By accessing, browsing, or using our website at www.hydrasoft.co.ke (the "Site") and any associated services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms") and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and Hydrasoft Technologies.

If you do not agree to these Terms in their entirety, you must not access or use our Site or services. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

2. ABOUT Hydrasoft Technologies

www.hydrasoft.co.ke is operated by Hydrasoft Technologies ("We"), a company registered in Kenya. Our primary operational headquarters are located in the Makongeni area of Thika, serving clients across the region with comprehensive software development, digital solutions, and technology services.

Creating Brighter Digital Experiences. We Explore, Build, Grow. Our mission is to transform ideas into powerful digital solutions through innovative technology and expert development services.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other content on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us. These are protected by copyright, trademark, and other intellectual property laws of Kenya and international conventions.

3.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial use. You may download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

3.3 Restrictions

You are expressly prohibited from:

  • Copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or otherwise exploiting any part of the Site, Content, or Marks for commercial purposes without our express prior written permission
  • Using any automated systems, including without limitation, robots, spiders, or offline readers, to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period
  • Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or making up the Site
  • Attempting to bypass any measures of the Site designed to prevent or restrict access
  • Using the Site or Content as part of any effort to compete with us or for any revenue-generating endeavor

4. USER REPRESENTATIONS AND WARRANTIES

By using the Site, you represent and warrant that:

  • All information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update it as necessary
  • You have the legal capacity to enter into agreements and comply with these Terms
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site
  • You will not access the Site through automated or non-human means
  • You will not use the Site for any illegal or unauthorized purpose
  • Your use of the Site will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Site.

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content to create or compile a collection, compilation, database, or directory without written permission
  • Make unauthorized use of the Site, including collecting usernames and/or email addresses for unsolicited emails
  • Circumvent, disable, or interfere with security-related features of the Site
  • Engage in unauthorized framing of or linking to the Site
  • Trick, defraud, or mislead us and other users
  • Make improper use of our support services or submit false reports
  • Engage in any automated use of the system
  • Interfere with, disrupt, or create an undue burden on the Site or connected networks
  • Attempt to impersonate another user or person
  • Use information obtained from the Site to harass, abuse, or harm another person
  • Decipher, decompile, disassemble, or reverse engineer any Site software
  • Upload or transmit viruses, Trojan horses, or other harmful material
  • Use any passive collection mechanisms including clear GIFs, web bugs, cookies, or similar devices
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  • Use the Site in a manner inconsistent with applicable laws or regulations

6. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to third-party websites ("Third-Party Websites") and advertisements for third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us.

We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site. If you decide to leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk.

7. ADVERTISERS

We may allow advertisers to display their advertisements and other information in certain areas of the Site. If you are an advertiser, you take full responsibility for any advertisements you place on the Site and any services provided or products sold through those advertisements.

As an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  • Monitor the Site for violations of these Terms
  • Take appropriate legal action against anyone who violates the law or these Terms
  • Refuse, restrict access to, limit availability of, or disable any user content
  • Remove from the Site or otherwise disable files and content that are excessive in size or burdensome to our systems
  • Manage the Site to protect our rights and property and facilitate proper functioning

9. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with Kenyan law and the Children Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without requisite and verifiable parental consent, we will delete that information from the Site as quickly as reasonably practical.

10. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site. We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Site will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

The formation, interpretation, and performance of these Terms and any disputes arising out of them shall be governed by the substantive and procedural laws of Kenya without regard to its conflict of law principles.

12.2 Dispute Resolution

Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya. You hereby submit to the personal jurisdiction of such courts. You waive any right to a jury trial in any proceeding arising out of or related to these Terms.

12.3 Arbitration

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration in accordance with the Arbitration Act of Kenya.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by applicable law, our aggregate liability relating to the services will be limited to the greater of one hundred dollars (USD 100) or any amounts actually paid in cash by you to us for the prior one month period prior to the first event giving rise to such liability.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  • Your use of the Site
  • Breach of these Terms
  • Any breach of your representations and warranties set forth in these Terms
  • Your violation of the rights of a third party, including but not limited to intellectual property rights
  • Any overt harmful act toward any other user of the Site with whom you connected via the Site

15. SEVERABILITY

If any provision or portion of any provision of these Terms is found to be unlawful, void, or unenforceable, that provision or portion of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site.

16. MISCELLANEOUS

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Site and supersede all prior and contemporaneous written or oral agreements.

16.2 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

16.3 Assignment

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent. We may freely assign these Terms.

16.4 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17. CONTACT INFORMATION

For questions or comments regarding these Terms, please contact us at:

  • Email: [email protected]
  • Phone: +254 722 880 726
  • Address: Nairobi, Kenya
  • Website: www.hydrasoft.co.ke

Acceptance of Terms

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions outlined above. If you do not agree to these terms, please discontinue use of our services immediately.