1. Agreement to Terms
By accessing or using our websites noria.co.ke and norialabs.com, related Noria pages, or our solutions and support, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you, as a user ("User," "you," or "your"), and Noria Technologies LTD, a company registered in Kenya ("Company," "we," "us," or "our").
If you do not agree to these Terms, please do not access or use our website, solutions, or support. These Terms apply to all visitors, users, and others who access or use our website.
2. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website, solutions, or support after those revisions become effective, you agree to be bound by the revised terms.
3. Intellectual Property Rights
Unless otherwise indicated, the website and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Noria Technologies LTD, its licensors, or other providers of such material and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as explicitly permitted in these Terms.
4. User Representations
By using our website, solutions, or support, you represent and warrant that:
- You have the legal capacity and you agree to comply with these Terms of Service
- You are at least 18 years old or have parental consent to use our website, solutions, or support
- You will not access the website through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the website for any illegal or unauthorized purpose
- Your use of the website will not violate any applicable law or regulation
- All information you provide to register with our website or otherwise is true, accurate, and complete
5. Prohibited Activities
You may not access or use the website for any purpose other than that for which we make the website available. You agree not to:
- Use the website in any way that violates any applicable federal, state, local, or international law or regulation
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
- Use the website in any manner that could disable, overburden, damage, or impair the site
- Use any robot, spider, or other automatic device to monitor or copy our website
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website
- Impersonate or attempt to impersonate Noria Technologies LTD, a Noria Technologies LTD employee, another user, or any other person or entity
6. Engagements and Payments
Engagement Agreements
Our client work is provided under separate engagement agreements between you and Noria Technologies LTD. These Terms of Service govern your use of our website, and your engagement agreement governs the provision of project work or ongoing support.
Payment Terms
Payment terms will be specified in your engagement agreement. All payments are non-refundable unless otherwise stated in that agreement.
Engagement Modifications
We reserve the right to modify, suspend, or discontinue any aspect of an engagement as provided in the relevant agreement.
7. User Content
You are solely responsible for any content you submit, post, or display on our website. You retain all rights in, and are solely responsible for, any content you submit. By submitting, posting, or displaying content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, translate, distribute, and display such content.
You represent and warrant that:
- You own or have the necessary licenses, rights, consents, releases, and permissions to grant the rights in this section
- Your content does not violate the privacy rights, publicity rights, copyrights, trademark rights, or other intellectual property rights of any person or entity
8. Disclaimer of Warranties
The website is provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that:
- The website will meet your requirements
- The website will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the website will be accurate or reliable
9. Limitation of Liability
In no event shall Noria Technologies LTD, 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:
- Your access to or use of or inability to access or use the website
- Any conduct or content of any third party on the website
- Any content obtained from the website
- Unauthorized access, use, or alteration of your transmissions or content
10. Governing Law
These Terms of Service and your use of the website are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.
11. Dispute Resolution
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.
12. Termination
We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the website will immediately cease. If you wish to terminate your account, you may simply discontinue using our website.
13. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, wars, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding website use, and supersede and replace any prior agreements we might have between us regarding website use.
15. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms without restriction.
16. Service Level Agreements
For client engagements, specific support and response expectations will be outlined in separate contracts. These may include:
- Response times for support requests
- Uptime guarantees for hosted solutions
- Project delivery timelines
- Performance benchmarks
17. Confidentiality
Both parties agree to maintain confidentiality of proprietary information shared during the course of business. This includes but is not limited to:
- Business processes and strategies
- Technical specifications and code
- Client lists and business relationships
- Financial information
18. Electronic Communications
By using our website, solutions, or support, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have any questions about these Terms of Service, please contact us at:
Noria Technologies LTD
Email: [email protected]
Address: Nairobi, Kenya
Websites: noria.co.ke and norialabs.com
