Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Iskify360 ("Company", "we", "us", or "our"), concerning your access to and use of the Iskify360 website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site or utilizing our products and services, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and all our digital products, software platforms, and client deliverables are our proprietary property. This includes, but is not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, 3D engineering models, CAD designs, cybersecurity methodologies, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks").

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service or via a distinct client service agreement, no part of the Site or our Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations

By using the Site and our Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms of Service.
• You will not access the Site or our products through automated or non-human means, whether through a bot, script, or otherwise, except as permitted by our API terms.
• You will not use the Site for any illegal or unauthorized purpose.
• Your use of the Site will not violate any applicable law or regulation.

4. Specific Product Terms

In addition to our general consulting and development services, Iskify360 operates several proprietary software products. By using these products, you agree to the following additional terms:

• Eeskia: Our CBC grading and school management platform. Schools utilizing Eeskia are responsible for ensuring they have the legal right to process student data. Iskify360 acts strictly as a data processor. Users must not attempt to manipulate grading algorithms or alter fee structures maliciously.
• Sonar Messenger: A secure communication and collaboration tool. You agree not to use Sonar to transmit spam, malware, illicit content, or engage in any form of cyber-harassment. We reserve the right to terminate accounts found violating these conditions.
• IskiMedia: A streaming service and local media player. You agree not to utilize IskiMedia to pirate, illegally distribute, or scrape copyrighted intellectual property.
• BMFINANCE: A savings and investment platform. You agree that all financial information provided is strictly accurate. You acknowledge that algorithmic calculations regarding limits and terms are final. You are bound by the repayment obligations stipulated at the time of utilizing financial services.

5. Client Services & Deliverables

For clients engaging Iskify360 for custom software development, engineering & 3D design, cybersecurity audits, or professional documentation, specific deliverables and payment schedules will be outlined in a separate Statement of Work (SOW) or Service Level Agreement (SLA). These Terms of Service act as the master framework for all such agreements. In the event of a conflict between these Terms and an explicit SLA, the terms of the SLA shall supersede.

6. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site or our products.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.

7. Data Security and Privacy

We care about data privacy and security. By using the Site or our products, you agree to the processing of your data in accordance with our Privacy Policy. Please be advised the Site is hosted in secured cloud environments. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in our jurisdiction, then through your continued use of the Site, you are transferring your data to our secure servers, and you agree to have your data transferred to and processed globally.

8. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Governing Law

These Terms shall be governed by and defined following the laws of Kenya. Iskify360 and yourself irrevocably consent that the courts of Nairobi, Kenya shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.