Acceptance and eligibility
These Terms of Use (“Terms”) are an agreement between Ofisync (“Ofisync”, “we”, “us” or “our”) and the person or organization accessing our website, platform, applications or related services (the “Services”). By accessing or using the Services, you confirm that you have read and accepted these Terms and that you are able to enter into a binding agreement. If you use the Services for an organization, you confirm that you are authorized to bind it.
Accounts and authorized users
You must provide accurate account information, keep it current, protect your login credentials and ensure each account is used only by its authorized user. You are responsible for activity under your account and for assigning suitable roles and permissions within your organization.
Tell us promptly at info@ofisync.com if you believe an account or credential has been compromised.
The Services
Ofisync provides configurable business-management tools and related support. The features, user limits, storage, fees, service period and any custom development applicable to a Customer may be described in an order form, proposal, subscription plan or other written agreement. If that agreement conflicts with these Terms, the signed or specifically agreed document controls for that Customer.
Acceptable use
You must not use the Services to:
- break any applicable law or infringe another person's rights;
- upload malicious code or content that is unlawful, deceptive, abusive or harmful;
- gain unauthorized access to an account, system, network or data;
- interfere with, overload, probe or circumvent the security or operation of the Services;
- copy, reverse engineer, resell or commercially exploit the Services except where expressly permitted in writing; or
- use automated means to extract data from the Services in a way that is abusive or materially impacts performance.
Customer Data and privacy
You retain exclusive ownership of all data you add to the Services. You give Ofisync a limited right to host, process, transmit and display that data only as required to provide and support the Services. You are responsible for the accuracy, legality and source of your data and for obtaining any permissions needed to place it in Ofisync.
Our handling of personal information, backup practices, data access and deletion commitments are described in our Privacy Policy, which forms part of these Terms.
Ofisync intellectual property
Ofisync and its licensors own the Services, including the software, design, branding, documentation and all related intellectual property, excluding Customer Data. Subject to these Terms and any applicable subscription agreement, we grant you a limited, non-exclusive, non-transferable and revocable right to use the Services for your internal business purposes during your service period. No other rights are granted.
Fees, taxes and renewal
Fees, billing dates, applicable taxes, renewal terms and payment methods are set out in the relevant plan, quote, invoice or order form. Unless that document says otherwise, invoices are payable by the stated due date. We may suspend paid features after reasonable notice if an undisputed amount remains overdue. Fees already earned are non-refundable except where the applicable agreement or law requires otherwise.
Availability, changes and support
We aim to keep the Services reliable and secure, but uninterrupted or error-free operation cannot be guaranteed. Maintenance, upgrades, internet failures, security events and circumstances outside our reasonable control may affect availability. We may improve, replace or discontinue features, while seeking to give reasonable notice where a material change adversely affects paid use. Any specific service level or support commitment applies only if agreed in writing.
Third-party services
The Services may integrate with software, websites or services provided by others at your direction. Their terms and privacy practices govern your relationship with them. Ofisync is not responsible for a third-party service, or for changes, data loss or harm caused by that service, but this does not reduce our own obligations concerning Customer Data in our control.
Suspension and termination
You may stop using the Services at any time, subject to the cancellation and payment terms in your agreement. We may suspend or terminate access if you materially breach these Terms, pose a security risk, use the Services unlawfully or fail to pay an undisputed overdue amount, normally after giving reasonable notice and an opportunity to remedy the issue where practicable.
On termination, your right to use the Services ends. You should request any required data export before termination. Ofisync will destroy Customer Data following termination as described in the Privacy Policy. Provisions concerning ownership, confidentiality, payment obligations, disclaimers and liability limits survive termination where their nature requires it.
Confidentiality
Each party must protect the other's non-public business, technical and financial information using reasonable care and may use it only to perform or receive the Services. This obligation does not cover information that is public through no breach, already lawfully known, independently developed or lawfully received without a duty of confidentiality. A legally required disclosure must be limited to what is required, with advance notice where the law permits.
Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available”. Ofisync disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement. Ofisync is a business-management platform and does not provide legal, tax, accounting, medical or other professional advice. You remain responsible for reviewing outputs, records and decisions made using the Services. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, punitive or consequential loss, or for lost profits, revenue, goodwill or business opportunity. Ofisync's total liability arising from the Services will not exceed the fees paid or payable by the Customer for the Services during the twelve months before the event giving rise to the claim. These limits do not apply where liability cannot lawfully be limited, or to fraud, wilful misconduct, breach of confidentiality or infringement of the other party's intellectual property rights.
General terms
These Terms and the documents they incorporate are the entire agreement about use of the Services unless a separate written agreement applies. You may not transfer your rights under these Terms without our written consent; Ofisync may transfer them as part of a merger, reorganization or sale of the relevant business. A failure to enforce a term is not a waiver. If a term is unenforceable, the remaining terms continue in effect.
The governing law and courts, if not stated in a Customer's order form or other written agreement, will be determined by applicable law. Before starting formal proceedings, both parties agree to try in good faith to resolve a dispute through direct discussion.
Changes and contact
We may update these Terms to reflect changes to the Services or law. We will revise the effective date and give reasonable notice of material changes. Continued use after the updated Terms take effect constitutes acceptance, to the extent permitted by law.
Questions about these Terms may be sent to info@ofisync.com or Ofisync at +254 705 627 634.