Effective 19 June 2026
Last updated 19 June 2026
Terms of Service
CRADEUM
TERMS OF SERVICE
Introduction
The Provider is the proprietor of all that client-side software or applications “ CRADEUM” made available to the Customer to install, download (whether onto a machine or in a browser), or execute as part of the Product.
The said Software or Product is being provided to the Customer strictly for pilot testing and feedback purposes, and no payment shall be due or payable by the Customer in respect of the Product during the pilot period.
1) Access and Use:
During the Pilot Period and subject to these terms of service, Customers may access and use the Product solely for Customer’s Evaluation Purposes.
2) License:
The Product contains Software and during the Pilot Period and subject to these terms of service, Provider grants Customer a limited, non-exclusive, non-sublicensable, non-transferable license to install and use the Software on systems owned or controlled by Customer solely for Customer’s Evaluation Purposes.
3) User Accounts:
Customer is responsible for all actions on Users’ accounts and for all Users’ compliance with these terms of service. Customer and Users must protect the confidentiality of their passwords and login credentials. Customer will promptly notify Provider if it suspects or knows of any fraudulent activity with its accounts, passwords, or credentials, or if they become compromised.
4) Customer Content:
Provider may copy, display, modify, and use Customer Content only as needed to provide and maintain the Product and related offerings. Customer is responsible for the accuracy and content of Customer Content.
5) Feedback and Usage Data:
Customer is required to, give Provider Feedback, in which case Customer gives Feedback “AS IS”. Provider may use all Feedback freely without any restriction or obligation. In addition, Provider may collect and analyze Usage Data, and Provider may freely use Usage Data to maintain, improve, enhance, and promote Provider’s products and services without restriction or obligation. However, Provider may only disclose Usage Data to others if the Usage Data is aggregated and does not identify Customer or Users and strictly within the parameters of the Data Protection Act, 2019 and its attendant rules and regulations.
6) Restrictions:
Except as expressly permitted by these terms of service, Customer will not (and will not allow anyone else to):
(i) reverse engineer, decompile, or attempt to discover any source code or underlying ideas or algorithms of the Product (except to the extent Applicable Laws prohibit this restriction);
(ii) provide, sell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Product;
(iii) remove any proprietary notices or labels;
(iv) Copy, modify, or create derivative works of the Product;
(v) Conduct security or vulnerability tests on, interfere with the operation of, cause performance degradation of, or circumvent access restrictions of the Product;
(vi) access accounts, information, data, or portions of the Product to which Customer does not have explicit authorization;
(vii) use the Product to develop a competing service or product;
(viii) use the Product with any High-Risk Activities or with any activity prohibited by Applicable Laws;
(ix) use the Product to obtain unauthorized access to anyone else’s networks or equipment;
(x) upload, submit, or otherwise make available to the Product any Customer Content to which Customer and Users do not have the proper rights.
7) Pilot Duration:
The pilot period shall commence on the Effective Date and shall continue for a period of ninety (90) days thereafter, unless earlier terminated in accordance with these terms of service or extended by mutual written consent of the parties.
8) Reservation of Rights:
Except for the limited license to install and use Software, Provider retains all right, title, and interest in and to the Product, whether developed before or after the Effective Date.
9) Term & Termination:
These terms of service will start on the Effective Date and, unless terminated earlier according to these terms of service, will continue through the Pilot Period.
a. Termination: Either party may terminate the Framework Terms immediately if the other party fails to cure a material breach of the terms of service following 30 days’ notice.
b. Effect of Termination. If the parties do not have a Definitive understanding, then upon the expiration or termination of these terms of service, Customer will no longer have any right to use the Product. Customer will immediately and permanently uninstall or delete all such Software and will certify to Provider that Customer has complied with this obligation.
c. Upon Customer’s request, Provider will delete Customer Content within 60 days.
10) Confidentiality
a. Non-Use and non-disclosure. Except as otherwise authorized in these terms of service or as needed to fulfill its obligations or exercise its rights under these terms of service, Recipient will not:
(a) use Discloser’s Confidential Information;
(b) disclose Discloser’s Confidential Information to anyone else.
In addition, Recipient will protect Discloser’s Confidential Information using at least the same protections Recipient uses for its own similar information but no less than a reasonable standard of care.
b. Exclusions. Confidential Information does not include information that:
(a) Recipient knew without any obligation of confidentiality before disclosure by Discloser
(b) is or becomes publicly known and generally available through no fault of Recipient
(c) Recipient receives under no obligation of confidentiality from someone else who is authorized to make the disclosure;
(d) Recipient independently developed without use of or reference to Discloser’s Confidential Information.
c. Required Disclosures. Recipient may disclose Discloser’s Confidential Information to the extent required by Applicable Laws if, unless prohibited by Applicable Laws, Recipient provides Discloser reasonable advance notice of the required disclosure and reasonably cooperates, at Discloser’s expense, with Discloser’s efforts to obtain confidential treatment for the Confidential Information.
11) General Terms
a. These terms of service are the only these terms of service between the parties about its subject and these terms of service supersedes all prior or contemporaneous statements (whether in writing or not) about its subject.
b. Modifications, Severability, and Waiver. Any waiver, modification, or change to the Memorandum of understanding must be in writing and signed or electronically accepted by each party.
c. Governing Law: The Governing Law will be the Laws of Kenya.