Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "User", or "you") and Cryosoft Corporation ("Cryosoft", "we", "us", or "our"), a registered business enterprise in the Republic of Kenya under Business Registration Number BN-9PCGED8Y.

By accessing or using our website (cryosoft.co.ke), applications, hosted software, or by entering into a statement of work, consultation agreement, or service order, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Scope of Services

Cryosoft Corporation delivers technological and consulting solutions, including without limitation:

• Custom web and mobile application engineering
• Enterprise IT consulting, architectural advisory, and systems integration
• Database modeling, cloud deployment, and API development
• Digital payment integration and e-commerce infrastructure
• Software maintenance, code reviews, and support retainers

Specific scopes, deliverables, acceptance criteria, timelines, and milestones will be defined in individual Statements of Work (SOW), quotations, or written agreements executed between Cryosoft and the Client.

3. Intellectual Property Rights

A. Client Deliverables

Upon full settlement of all invoiced fees according to the agreed contract, the client retains ownership of custom deliverables, unique graphic assets, and bespoke source code created exclusively for the client under the executed SOW.

B. Cryosoft Pre-Existing & Reusable Tools

Cryosoft retains all right, title, and interest in and to our pre-existing software libraries, utilities, algorithms, frameworks, templates, and trademarks. Where such components are integrated into client deliverables, Cryosoft grants the client a non-exclusive, perpetual, worldwide, royalty-free license to use those components solely in conjunction with the deliverable.

4. User Obligations & Acceptable Conduct

When using our website or commissioning software, you agree not to:

• Violate any local or international law, statute, or regulation (including the Computer Misuse and Cybercrimes Act, 2018 of Kenya).
• Attempt to gain unauthorized access to our servers, internal networks, or user databases.
• Engage in reverse engineering, decompiling, or probing of proprietary Cryosoft software without written consent.
• Submit misleading, fraudulent, or defamatory content through our forms or communication channels.

5. Billing, Payments & Invoicing

Payment for services shall be rendered in accordance with the terms indicated on corresponding invoices or project milestone schedules. Payments can be submitted through verified channels including M-Pesa, designated corporate bank wire, or online payment integrations.

Invoices not disputed within 7 days of receipt are deemed accepted. Late payments may result in the temporary suspension of development sprints, deployment services, or technical support until accounts are settled.

6. Third-Party Integrations & Infrastructure

Our solutions may integrate with third-party software, cloud platforms (e.g. Supabase, AWS, Vercel), payment gateways, and APIs. Cryosoft is not liable for service outages, rate limit modifications, pricing revisions, or discontinuations caused by external third-party service providers.

7. Disclaimer of Warranties

Except as expressly provided in a signed written contract, our website and standard services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose.

8. Limitation of Liability

To the maximum extent permitted by applicable Kenyan law, Cryosoft Corporation, its directors, employees, or contractors shall not be liable for any indirect, consequential, incidental, special, or punitive damages (including loss of profits, data, goodwill, or business interruption) arising from or relating to your use of our services.

Our aggregate liability for all claims arising under any project or agreement shall not exceed the actual fees paid by the client to Cryosoft for the specific service giving rise to the claim in the three (3) months preceding the incident.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cryosoft Corporation, its officers, and partners against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of services, or infringement of any third-party intellectual property or privacy rights.

10. Termination & Suspension

Either party may terminate a service agreement as provided in the specific contract. We reserve the right to suspend or terminate your access to our website or hosted software immediately, without prior notice, if you breach any material provision of these Terms.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the Laws of the Republic of Kenya. Any dispute, controversy, or claim arising under or relating to these Terms shall first be attempted to be resolved amicably through good-faith negotiation. If unresolved within thirty (30) days, the dispute shall be referred to arbitration in Nairobi, Kenya, in accordance with the Arbitration Act (Act No. 4 of 1995 of the Laws of Kenya).

12. Contact Information