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Spaza Communications
descriptionLegal

Terms of Service

Last updated: January 17, 2025

1. Acceptance of Terms

By accessing or using Spaza Communications Group Limited's services, website, or platform (collectively, the "Services"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

Spaza provides an integrated media intelligence platform offering media monitoring, distribution, consumer insights, and music rights management services across various channels including television, radio, print, out-of-home, podcasts, YouTube, and social media platforms ("Content").

Spaza reserves the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

3. Account Registration

To access certain features of the Services, you may be required to register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your password and account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify Spaza immediately of any unauthorized use of your account

4. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any laws
  • Attempt to gain unauthorized access to any systems or networks
  • Interfere with or disrupt the Services or servers
  • Transmit viruses, malware, or other harmful code
  • Reverse engineer, decompile, or attempt to derive source code
  • Copy, modify, or distribute any Content without authorization
  • Use the Services in a way that infringes on others' rights
  • Resell or sublicense the Services without written permission

5. Intellectual Property Rights

All Content, software, designs, graphics, and other materials associated with the Services are the proprietary property of Spaza Communications Group Limited or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes.

You retain ownership of any data, content, or materials you submit to the Services ("Customer Data"). By submitting Customer Data, you grant Spaza a limited license to use, process, and store such data solely for the purpose of providing the Services.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of business. This obligation extends beyond the termination of any agreement between the parties.

7. Warranties and Disclaimers

Spaza warrants that it will provide the Services in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SPAZA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPAZA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES.

In any event, Spaza's total liability shall not exceed the amount paid by you for the Services in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Spaza Communications Group Limited, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising from your use of the Services or your violation of these Terms.

10. Termination

Either party may terminate any agreement or subscription upon written notice. Upon termination, your right to access and use the Services will immediately cease. Spaza will retain Customer Data for a period of thirty (30) days to allow for export, after which data may be deleted.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

12. Contact Information

For questions about these Terms of Service, please contact us:

Spaza Communications Group Limited
Email: legal@spaza.africa
Address: Nairobi, Kenya
Phone: +254 700 000 000