1. Acceptance of Terms

By accessing, registering for, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

2. Services Provided

Ethos Sales Drive provides CRM and Sales Force Automation (SFA) tools, including:

• Lead and deal management
• Customer data tracking and management
• Field sales tracking via GPS and location services
• Mobile and back office integration
• Reporting and analytics

We reserve the right to modify, enhance, or discontinue any part of the Service upon reasonable notice. We do not guarantee that any specific feature will remain available indefinitely.

3. Account Registration and Security

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk to the Service or other users.

4. Acceptable Use Policy

You agree to use the Service only for lawful business purposes. You shall not:

• Use the Service for any fraudulent, deceptive, or illegal activity
• Attempt to gain unauthorised access to other users' accounts or data
• Interfere with or disrupt the integrity or performance of the Service
• Use automated systems (bots, scrapers) to extract data without our written consent
• Upload or transmit any viruses, malware, or harmful code
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the GPS tracking features to harass, monitor, or track any individual outside of legitimate employment or contractual purposes
• Use the Service to build a competing product or service

We reserve the right to suspend or terminate access for violations of this Acceptable Use Policy.

5. Data Ownership and Processing

Your Data. All business data you enter into the Service (including customer records, leads, deals, and transaction data) remains your property. You grant us a limited, non-exclusive license to process this data solely to provide the Service and as instructed by you.

Our Role as Data Processor. To the extent we process personal data on your behalf (e.g., your customers' contact information, your employees' location data), we act as a Data Processor under the Kenya Data Protection Act, 2019. We will:

• Process personal data only on your documented instructions
• Implement appropriate technical and organisational security measures
• Assist you in responding to data subject access requests
• Notify you without undue delay if we become aware of a personal data breach
• Ensure that persons authorised to process the data are under confidentiality obligations
• Delete or return personal data upon termination, at your choice

GPS and Location Data. The Service includes GPS tracking features for field sales management. You are responsible for ensuring that you have a lawful basis and, where required, explicit consent from your employees or agents before enabling location tracking on their devices. You agree to comply with the Kenya Data Protection Act, 2019 in relation to any personal data you process through the Service.

Cross-Border Transfers. Where the Service involves the transfer of personal data outside Kenya, we ensure appropriate safeguards are in place in accordance with Section 48 of the Data Protection Act, 2019.

6. Intellectual Property

Our Property. The Service and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, and all intellectual property rights related thereto, are the exclusive property of Ethos Sales Drive and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights.

Feedback. If you provide feedback or suggestions about the Service, such information may be used by us without obligation to you.

Your Content. You retain all rights to any content you upload to the Service. You grant us a license to host, copy, transmit, and display your content solely for the purpose of providing the Service.

7. Subscription and Billing

Access to certain features may require a paid subscription. By subscribing, you agree to:

• Pay all applicable fees in accordance with the chosen subscription plan
• Provide accurate billing information
• Pay any applicable taxes

Renewals. Subscriptions renew automatically unless cancelled before the renewal date. We will provide notice of any fee changes before they take effect.

Refunds. Fees are non-refundable unless otherwise agreed in writing or required by law. If you believe you are entitled to a refund under the Consumer Protection Act, 2012, please contact us.

Late Payment. We reserve the right to suspend access to the Service for overdue accounts.

8. Service Level and Availability

We aim to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service is provided on an "as is" and "as available" basis.

We may perform scheduled maintenance from time to time. We will endeavour to provide advance notice of any significant downtime.

9. Limitation of Liability

To the maximum extent permitted by Kenyan law, our total aggregate liability arising out of or related to these Terms shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of our data protection obligations under the Kenya Data Protection Act, 2019; or (d) any other liability that cannot be excluded by law.

10. Data Breach Notification

In the event of a personal data breach affecting your data, we will notify you without undue delay and, where required by law, assist you in notifying the Office of the Data Protection Commissioner (ODPC) within 72 hours of becoming aware of the breach, and any affected data subjects as required under the Kenya Data Protection Act, 2019.

11. Termination

Termination by You. You may terminate your account at any time by contacting us or using the account settings. Termination does not relieve you of any obligation to pay fees accrued prior to termination.

Termination by Us. We may suspend or terminate your access if you violate these Terms, if required by law, or if necessary to protect the Service or other users.

Data Portability. Upon termination, you will have a period of thirty (30) days to export your business data from the Service using the built-in export functionality. After this period, we may delete your data in accordance with our data retention policy, unless we are required by law to retain it longer.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted in accordance with the laws of Kenya.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved within thirty (30) days, either party may refer the matter to the courts of Kenya.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on this page and, where appropriate, by email. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of those changes.

14. Contact

For any questions about these Terms, please contact us:

Email: info@ethostechhub.com