Terms of Service

01 Definitions

In these Terms, the following definitions apply:

• "CredVault", "we", "us", or "our" means CredVault Technologies, the company operating this platform.
• "Customer", "you", or "your" means the individual or legal entity that has registered for and uses the Services.
• "Services" means the CredVault web platform, API, desktop application (CredVault IDE), developer tools, documentation, and any related software or infrastructure provided by CredVault.
• "Customer Data" means all data, content, and information submitted to or stored within the Services by the Customer.
• "Account" means the registered account created by the Customer to access the Services.
• "Subscription" means a paid or free plan that grants access to the Services under defined usage limits.
• "Free Tier" means the no-cost access level subject to usage limits defined in the Documentation.
• "Documentation" means the technical guides, API references, and usage policies published by CredVault at its official website.

02 Eligibility & Account Registration

To use the Services, you must:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is higher.
• Have the legal capacity to enter into a binding contract.
• If registering on behalf of a company or organization, have the authority to bind that entity to these Terms.

You are responsible for maintaining the confidentiality of your Account credentials. You must notify CredVault immediately upon becoming aware of any unauthorized use of your Account. CredVault is not liable for any loss or damage arising from your failure to protect your credentials.

You may not create multiple Accounts to circumvent usage limits, suspensions, or restrictions. CredVault reserves the right to refuse registration to any person or entity at its sole discretion.

03 Access to Services

Subject to your compliance with these Terms, CredVault grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your Subscription period.

CredVault may, at its sole discretion and without prior notice:

• Modify, update, or discontinue any feature or component of the Services.
• Introduce new features, which may be subject to additional terms.
• Perform scheduled or emergency maintenance that may temporarily affect availability.

The Free Tier is provided as-is, with no uptime guarantee. Paid Subscriptions are subject to the service availability commitments described in the applicable plan documentation.

04 Subscriptions, Billing & Payment

CredVault offers Free Tier and paid Subscription plans. By selecting a paid plan, you authorize CredVault to charge the applicable fees to your designated payment method on a recurring monthly basis.

• Billing Cycle: Fees are billed monthly in advance on the date you subscribe.
• Failed Payment: If a payment fails, CredVault will attempt to collect payment for up to seven (7) days. If payment is not received, your Account may be suspended. Access is restored upon successful payment.
• No Refunds: All fees are non-refundable except where required by applicable law. Unused credits or partial months are not refunded upon cancellation or termination.
• Price Changes: CredVault may change Subscription pricing at any time. You will be notified at least thirty (30) days before any price change takes effect. Continued use after the effective date constitutes acceptance of the new pricing.
• Taxes: All fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by your jurisdiction.
• Free Tier Limits: Free Tier usage is subject to limits defined in the Documentation. CredVault may modify or discontinue the Free Tier at any time with reasonable notice.

05 Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

• Prohibited: Use the Services for any illegal, fraudulent, or unauthorized purpose under the laws of Kenya or any applicable jurisdiction.
• Prohibited: Attempt to gain unauthorized access to any part of the Services, other Accounts, or CredVault's infrastructure.
• Prohibited: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services or any component thereof.
• Prohibited: Use the Services to build a product or service that directly competes with CredVault without prior written consent.
• Prohibited: Circumvent, disable, or interfere with security features, rate limits, or access controls.
• Prohibited: Transmit malware, viruses, or any code designed to disrupt, damage, or gain unauthorized access to systems.
• Prohibited: Store, transmit, or process content that is unlawful, defamatory, obscene, or that infringes any third-party intellectual property rights.
• Prohibited: Resell, sublicense, or transfer access to the Services to any third party without CredVault's prior written consent.

CredVault reserves the right to investigate any suspected violation of this policy and to take any action it deems appropriate, including suspension or termination of your Account, without liability to you.

06 Customer Data & Ownership

CredVault will not access, use, or disclose your Customer Data except: (a) as necessary to provide the Services; (b) as required by applicable law or a valid legal order; or (c) with your explicit consent.

You are solely responsible for the accuracy, legality, and appropriateness of all Customer Data you submit. CredVault is not responsible for any loss or corruption of Customer Data resulting from your actions or third-party actions outside CredVault's reasonable control.

07 Intellectual Property

The Services, including all software, interfaces, APIs, documentation, trademarks, logos, and underlying technology, are the exclusive intellectual property of CredVault and are protected by applicable intellectual property laws in Kenya and internationally.

Nothing in these Terms transfers any intellectual property rights to you. You may not copy, reproduce, distribute, modify, or create derivative works of any part of the Services without CredVault's prior written consent.

Any feedback, suggestions, or ideas you provide to CredVault regarding the Services may be used by CredVault without restriction or compensation to you.

08 Confidentiality

Each party may have access to confidential information of the other party in connection with the Services. Each party agrees to: (a) keep the other party's confidential information strictly confidential; (b) not disclose it to any third party without prior written consent; and (c) use it only for the purposes of these Terms.

This obligation does not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was already known to the receiving party prior to disclosure; (iii) is independently developed without use of the confidential information; or (iv) is required to be disclosed by law or court order, provided the disclosing party gives prompt written notice where legally permitted.

09 Suspension & Termination

By You: You may cancel your Subscription and close your Account at any time through the platform settings. Cancellation takes effect at the end of the current billing period.

By CredVault: CredVault may suspend or terminate your Account immediately and without prior notice if:

• You breach any provision of these Terms.
• Your payment is overdue by more than seven (7) days.
• CredVault is required to do so by applicable law or a valid legal order.
• Your use of the Services poses a security risk or threatens the integrity of the platform or other customers.

Effect of Termination: Upon termination, your right to access the Services ceases immediately. You will have thirty (30) days from the date of termination to export your Customer Data. After this period, CredVault will permanently delete your Customer Data from its systems. CredVault is not liable for any loss of data following this period.

Sections 06, 07, 08, 10, 11, and 12 of these Terms survive termination.

10 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREDVAULT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

CredVault does not warrant that the Services will meet your specific requirements, that they will be available at all times, or that any errors will be corrected.

11 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREDVAULT, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CredVault's total aggregate liability for all claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to CredVault in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any fees, CredVault's liability shall not exceed USD 100.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, CredVault's liability is limited to the fullest extent permitted by law.

12 Indemnification

You agree to defend, indemnify, and hold harmless CredVault and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services in violation of these Terms.
• Your Customer Data, including any claim that it infringes a third party's rights.
• Your violation of any applicable law or regulation.
• Any dispute between you and a third party in connection with your use of the Services.

CredVault will defend and indemnify you against any third-party claim that the Services, as provided by CredVault, infringe a valid intellectual property right, provided that you: (a) promptly notify CredVault of the claim; (b) give CredVault sole control of the defense; and (c) cooperate reasonably with CredVault in the defense.

13 Changes to These Terms

CredVault reserves the right to modify these Terms at any time. For material changes, CredVault will provide at least thirty (30) days' notice by posting the updated Terms on the platform and updating the "Last Updated" date at the top of this document.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and close your Account before the effective date.

14 Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.

Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved as follows:

• Negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days from the date one party notifies the other of the dispute.
• Arbitration: If the dispute is not resolved through negotiation, it shall be submitted to binding arbitration under the rules of the Nairobi Centre for International Arbitration (NCIA). The arbitration shall be conducted in English, in Nairobi, Kenya. The arbitral award shall be final and binding on both parties.
• International Recognition: The arbitral award shall be enforceable in any jurisdiction that is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), which includes the majority of countries in Africa, Europe, Asia, and the Americas.

Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

15 General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable Order Form or plan documentation, constitute the entire agreement between you and CredVault regarding the Services and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.
• No Waiver: CredVault's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without CredVault's prior written consent. CredVault may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
• Force Majeure: CredVault shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.
• Language: These Terms are written in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.