Terms of Service

1. Acceptance of Terms

By accessing or using any part of the website, engaging us for Custom Software Development (as defined in Section 2.1), or using our Proprietary Products (as defined in Section 2.2), you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the website or use any services.

2. Services and Scope

2.1. Custom Software Development

This involves the creation of bespoke web applications, systems, and digital solutions as defined and agreed upon in a separate, formal **Service Agreement, Statement of Work (SOW), or Project Contract** ("Project Contract") executed between Bitari Solutions and the Client. In the event of a conflict, the terms of the specific Project Contract shall supersede these general Terms.

2.2. Proprietary Products

These include all software-as-a-service (SaaS) applications, platforms, and digital tools owned and operated by Bitari Solutions (e.g., TimedURL). Your use of these products is governed both by these Terms and any specific product-use agreements or license terms presented during registration.

3. User Accounts and Security

• You must be at least 18 years of age or the age of majority in your jurisdiction to use the Services.
• You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
• You agree to notify Bitari Solutions immediately of any unauthorized use of your account or any other breach of security.

4. Intellectual Property Rights (IP)

4.1. Custom Software Development IP

Unless otherwise specified in a Project Contract, upon full and final payment for Custom Software Development, Bitari Solutions grants the Client a non-exclusive, perpetual, worldwide license to use, reproduce, and display the final deliverable code and documentation solely for the Client's internal business purposes. Bitari Solutions retains ownership of all underlying tools, reusable libraries, and proprietary methodologies used to create the Custom Software.

4.2. Proprietary Products IP

All content, features, and functionality of the Proprietary Products (including all software, text, graphics, logos, and trademarks) are the exclusive property of Bitari Solutions and are protected by international copyright and intellectual property laws. You are granted a limited, non-transferable, revocable license to use the Proprietary Products for their intended purpose only, subject to these Terms.

5. User Obligations and Prohibitions

You agree not to use the Services for any unlawful purpose or any purpose prohibited by this Section 5. You agree not to:

• Violate any international, national, or local laws or regulations.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Transmit any worms, viruses, or any code of a destructive nature.
• Use the Proprietary Products for spamming, fraudulent activities, or data scraping.
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services.

6. Disclaimers and Limitation of Liability

6.1. Disclaimers

The Services, including all proprietary products and the general website content, are provided on an **"AS IS"** and **"AS AVAILABLE"** basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Bitari Solutions does not warrant that the Services will be uninterrupted, secure, or error-free.

6.2. Limitation of Liability

In no event shall Bitari Solutions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) unauthorized access, use, or alteration of your transmissions or content; or (iv) any errors or omissions in any content.

7. Indemnification

You agree to defend, indemnify, and hold harmless Bitari Solutions and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; or b) a breach of these Terms.

8. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the **Republic of Kenya**, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts located in **Nairobi, Kenya**.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

10. Contact Us

If you have any questions about these Terms, please contact us at:

• By Email: [email protected]