Terms of Service

01Who these terms are between

These Terms of Service (the “Terms”) govern access to and use of the SafiriOS platform, applications, APIs and websites (together, the “Platform”) provided by SafiriOS (“SafiriOS”, “we”, “us”).

They apply to the organisation that subscribes to the Platform (the “Operator”, “you”) and, where relevant, to the people the Operator authorises to use it, including staff, drivers, transport partners and the Operator’s own customers (together, “Users”). By creating an account, signing an order form, or using the Platform, you agree to these Terms on behalf of the Operator.

02Definitions

• “Platform” means the SafiriOS software, including the transport management system, driver and customer applications, portals, APIs and related services.
• “Operator Content” means the data and materials the Operator or its Users submit to the Platform, including orders, fleet, pricing, documents and settlement records.
• “End Users” means the Operator’s own customers and transport partners who access the Platform through the Operator’s branded apps and portals.
• “Subscription” means the paid plan under which the Operator is granted access, as set out in an order form or online sign-up.

03The service and your licence

Subject to these Terms and payment of the applicable fees, SafiriOS grants the Operator a non-exclusive, non-transferable, revocable right to access and use the Platform for its internal business operations during the Subscription term.

SafiriOS is a white-label product. The Operator may present the Platform to its Users under the Operator’s own brand, name and colours where the Platform provides that capability. The Operator is responsible for the content of its branding and for ensuring it has the right to use it.

SafiriOS may update, improve or modify the Platform from time to time. We will not make changes that materially reduce the core functionality of a paid Subscription without reasonable notice.

04Accounts and security

The Operator is responsible for configuring its account, for the accuracy of the information it provides, and for all activity that occurs under its account and those of its Users.

The Operator must keep credentials, API keys and access PINs confidential, require Users to do the same, and notify SafiriOS promptly of any suspected unauthorised access. SafiriOS is not liable for loss arising from the Operator’s failure to safeguard access.

05Acceptable use

You agree not to, and not to permit any User to:

• use the Platform in breach of any applicable law or third-party right;
• copy, resell, sublicense or make the Platform available to any third party except as expressly permitted (serving your own End Users through the Platform is permitted);
• reverse engineer, decompile or attempt to derive the source code of the Platform, except to the extent this restriction is prohibited by law;
• interfere with, overload, or attempt to gain unauthorised access to the Platform, its infrastructure or other customers’ data;
• upload malicious code, or use the Platform to store or transmit unlawful, infringing or harmful content.

06Operator responsibilities

The Operator is responsible for its Operator Content and for its relationships with its End Users, including any terms, pricing and service commitments it offers them. SafiriOS provides the tooling; the Operator runs the operation.

The Operator must ensure it has a valid legal basis to collect and process the personal data it puts into the Platform, and that it has given its End Users any notices and obtained any consents required by law, including under the Kenya Data Protection Act, 2019 and any other applicable data-protection law.

07Fees and payment

The Operator agrees to pay the fees set out in its order form or online plan. Unless stated otherwise, fees are exclusive of taxes, which the Operator is responsible for.

Fees are billed in advance for the Subscription period and are non-refundable except where required by law or expressly stated. We may suspend access to accounts with overdue fees after giving notice.

08Data protection

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. In respect of personal data that the Operator submits about its End Users, the Operator is the data controller and SafiriOS acts as a data processor, processing that data on the Operator’s instructions to provide the Platform.

Each party will comply with its obligations under applicable data-protection law. Where required, the parties will enter into a separate data-processing agreement.

09Intellectual property

SafiriOS and its licensors own all rights in the Platform, including its software, design and documentation. Except for the licence granted in these Terms, no rights are transferred to the Operator.

The Operator retains all rights in its Operator Content and its own brand. The Operator grants SafiriOS the limited right to host and process that content solely to provide and support the Platform.

10Availability and support

SafiriOS runs on globally distributed infrastructure and aims to keep the Platform highly available. We do not warrant that the Platform will be uninterrupted or error-free, and availability may be affected by maintenance, third-party networks, or events outside our control.

Support is provided through the channels and at the service levels stated in the applicable plan or order form.

11Third-party services

The Platform may rely on or integrate with third-party services, such as mapping, messaging, payment or cloud providers. Those services are governed by their own terms, and SafiriOS is not responsible for their acts or omissions.

12Warranties and disclaimers

SafiriOS will provide the Platform with reasonable skill and care. Except as expressly stated in these Terms, the Platform is provided “as is” and “as available”, and SafiriOS disclaims all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.

13Limitation of liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data, arising out of or in connection with these Terms.

Each party’s total aggregate liability arising out of or related to these Terms will not exceed the total fees paid or payable by the Operator to SafiriOS in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law.

14Indemnity

The Operator will defend and indemnify SafiriOS against claims, damages and costs arising from the Operator Content, the Operator’s use of the Platform in breach of these Terms, or its relationships with its End Users, except to the extent caused by SafiriOS’s own breach.

15Term, suspension and termination

These Terms apply for as long as the Operator has an account or an active Subscription. Either party may terminate a Subscription in line with the order form, or for material breach that is not cured within thirty (30) days of written notice.

SafiriOS may suspend access where necessary to protect the Platform or other customers, to comply with law, or for non-payment, and will restore access once the cause is resolved.

On termination, the Operator’s right to use the Platform ends. We will make Operator Content available for export for a reasonable period, after which it may be deleted in line with our retention practices, subject to any legal obligation to retain records such as invoices.

16Changes to these terms

We may update these Terms from time to time. Where changes are material, we will give reasonable notice, for example by email or an in-product notice. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

17Governing law and disputes

These Terms are governed by the laws of Kenya. The parties will try to resolve any dispute amicably in good faith. If they cannot, the dispute will be subject to the exclusive jurisdiction of the courts of Kenya, without prejudice to any right to seek urgent interim relief.

18Contact

Questions about these Terms can be sent to hello@safirios.com.