These Terms of Use ("Terms") govern access to and use of the websites, software platforms, applications, APIs and related services provided by Zazu Cloud Limited ("Zazu Cloud", "Zazu", "we", "us" or "our").
By accessing or using our Services, you agree to these Terms.
If you use Zazu Cloud on behalf of a company or other organisation, you represent that you have authority to use the Services on its behalf and, where applicable, bind that organisation to these Terms.
1. Our Services
Zazu Cloud provides business software and technology services which may include logistics, delivery management, warehouse management, inventory management, construction and project management, commerce, procurement, reporting, analytics, integrations and related functionality.
Features available to individual customers may depend upon their subscription, implementation and contractual agreement with Zazu Cloud.
We may introduce, modify, improve or discontinue features from time to time.
2. Accounts and Authorised Users
Certain Services require an account.
You agree to provide accurate information and to keep account information reasonably current.
You are responsible for:
- maintaining the confidentiality of login credentials;
- activities undertaken using your account;
- ensuring that authorised users use the Services appropriately; and
- promptly notifying Zazu Cloud of suspected unauthorised access.
Accounts and access credentials must not be shared with unauthorised persons.
Organisations using Zazu Cloud are responsible for managing the users and permissions associated with their organisation unless otherwise agreed with us.
3. Acceptable Use
You may use Zazu Cloud only for lawful business purposes and in accordance with these Terms.
You must not:
- use the Services for unlawful, fraudulent or malicious purposes;
- attempt to gain unauthorised access to accounts, systems or data;
- interfere with the security, integrity or performance of the Services;
- introduce viruses, malware or other harmful code;
- attempt to circumvent access controls or security mechanisms;
- use automated systems in a manner that materially disrupts the Services;
- scrape or systematically extract information except through functionality or APIs expressly provided for that purpose;
- reverse engineer, decompile or attempt to discover the source code of proprietary Zazu Cloud software except where expressly permitted by law;
- reproduce, resell or commercially exploit the Services except as expressly authorised;
- impersonate another person or organisation; or
- use Zazu Cloud in a manner that infringes the rights of another party.
We may restrict or suspend access where we reasonably believe these requirements have been breached.
4. Customer Data
As between Zazu Cloud and the customer, customers retain their rights in the business data they submit to or generate through the Services ("Customer Data"), subject to applicable law.
You grant Zazu Cloud the rights necessary to host, process, transmit, reproduce and otherwise use Customer Data solely as reasonably required to provide, secure, maintain and improve the Services and fulfil our contractual and legal obligations.
You are responsible for ensuring that you have the necessary rights, permissions and lawful basis to provide Customer Data to Zazu Cloud.
5. Operational Information
Zazu Cloud may process operational information generated through use of the platform, including logs, performance metrics, transaction records and system usage information.
We may use aggregated or anonymised information that does not reasonably identify an individual or customer to improve our products, analyse performance, develop features and generate industry or operational insights.
6. Third-Party Integrations
Zazu Cloud may integrate with third-party software, platforms, APIs, mapping providers, ERP systems, payment services or other external services.
Your use of third-party services may be governed by separate terms between you and the relevant provider.
Zazu Cloud is not responsible for the availability, security, accuracy or performance of third-party services outside our reasonable control.
Changes made by third-party providers may occasionally affect Zazu Cloud integrations.
7. Availability and Changes
We aim to provide reliable and continuously available Services but do not guarantee uninterrupted or error-free operation unless a specific service level has been agreed separately in writing.
Services may occasionally be unavailable because of:
- scheduled maintenance;
- emergency maintenance;
- infrastructure or telecommunications failures;
- third-party service failures;
- cybersecurity incidents;
- events beyond our reasonable control; or
- upgrades and improvements.
Where reasonably practicable, we will seek to minimise disruption.
8. Data Accuracy
Zazu Cloud provides tools for capturing, processing, synchronising, displaying and analysing business information.
The accuracy of outputs may depend upon information supplied by users, customers, integrated systems and third-party services.
Customers remain responsible for verifying information where it is used for material operational, commercial, financial or legal decisions.
Unless expressly agreed otherwise, Zazu Cloud does not warrant that customer-supplied or third-party data is complete, accurate or current.
9. Automated and AI-Assisted Features
Certain Zazu Cloud Services may use automation, algorithms or artificial intelligence to provide recommendations, extraction, forecasting, optimisation, classification or other functionality.
Such outputs may contain inaccuracies and should be reviewed where appropriate before being relied upon for material decisions.
AI-assisted functionality is intended to support rather than replace appropriate human judgement.
10. Intellectual Property
Zazu Cloud and its licensors retain all rights, title and interest in the Services, including software, interfaces, designs, databases, workflows, documentation, trademarks, branding and other intellectual property, excluding Customer Data.
Your subscription or access to Zazu Cloud provides a limited right to use the Services. It does not transfer ownership of Zazu Cloud intellectual property to you.
You may not copy, modify, distribute or create derivative works from proprietary Zazu Cloud materials except where expressly authorised.
11. Fees and Payment
Where Services are provided under a paid subscription, fees, billing periods, taxes and payment terms will be specified in the relevant quotation, proposal, order form, subscription plan or other agreement.
Unless otherwise specified, fees are exclusive of applicable taxes.
Failure to pay amounts when due may result in suspension or termination of paid Services after any applicable notice period.
12. Confidentiality
Each party may receive confidential or commercially sensitive information from the other.
Each party agrees to use reasonable measures to protect such information and to use it only for purposes associated with the provision or use of the Services.
Confidentiality obligations do not apply to information that is publicly available through no breach of an obligation, independently developed, lawfully obtained from another source or required to be disclosed by law.
13. Security
Zazu Cloud implements reasonable technical and organisational safeguards intended to protect the Services and information processed through them.
Customers are responsible for maintaining appropriate security within their own organisation, including managing users, permissions, devices and credentials.
No internet-connected system can be guaranteed to be completely secure.
14. Privacy
Our collection and processing of personal information is described in our Privacy Policy.
By using the Services, you acknowledge that personal information may be processed as necessary to provide and operate Zazu Cloud.
15. Suspension
We may temporarily suspend access to all or part of the Services where reasonably necessary to:
- address a security risk;
- prevent unlawful or fraudulent activity;
- protect the Services or other users;
- respond to non-payment;
- comply with law or a lawful authority; or
- address a material breach of these Terms.
Where appropriate and reasonably practicable, we will provide notice of a suspension.
16. Termination
A customer may discontinue use of the Services subject to the subscription, quotation, order form or agreement applicable to their account.
Zazu Cloud may terminate or restrict access where these Terms or another applicable agreement have been materially breached.
Termination does not remove obligations that accrued before termination, including outstanding payment obligations.
Following termination, access to Customer Data may be restricted or removed in accordance with the applicable agreement, our retention policies and legal requirements.
Customers should export information they require before termination where export functionality is available.
17. Disclaimers
To the extent permitted by law, the Services are provided on an "as available" basis.
Zazu Cloud does not guarantee that:
- the Services will always be uninterrupted or error-free;
- every feature will meet every customer's particular requirements;
- information supplied by customers or third parties will be accurate; or
- recommendations or automated outputs will always produce a particular commercial or operational result.
Nothing in these Terms excludes rights or warranties that cannot lawfully be excluded.
18. Limitation of Liability
To the maximum extent permitted by applicable law, Zazu Cloud will not be liable for indirect, incidental, special, consequential or purely economic losses arising from use of or inability to use the Services, including loss of profits, revenue, business opportunities or anticipated savings.
Any further limitations or liability caps agreed in a customer's proposal, order form or contract will apply in addition to these Terms.
Nothing in these Terms limits liability where doing so would be prohibited by applicable law.
19. Indemnity
To the extent permitted by law, you agree to indemnify Zazu Cloud against claims, losses or expenses arising from your unlawful use of the Services, infringement of third-party rights, or material breach of these Terms.
20. Force Majeure
Neither party will be responsible for failure or delay caused by circumstances reasonably beyond its control, including natural disasters, widespread telecommunications or infrastructure failures, government actions, civil disturbance, war or other comparable events.
21. Changes to These Terms
We may update these Terms periodically to reflect changes to our Services, business practices or legal requirements.
The latest version will be published on our website with its revision date.
Where changes materially affect existing customers, we may provide additional notice where appropriate.
22. Governing Law
These Terms are governed by the laws of the Republic of Kenya.
Unless otherwise agreed in writing, disputes arising from these Terms or use of the Services will be subject to the jurisdiction of the courts of Kenya.
23. General
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in effect.
Failure by Zazu Cloud to enforce a provision does not constitute a waiver of that provision.
Where a separate written agreement between Zazu Cloud and a customer conflicts with these Terms, the specific written agreement will take precedence to the extent of the conflict.
24. Contact
For questions regarding these Terms:
Zazu Cloud Limited
Parkside Towers, Mombasa Road
P.O. Box 19309
Nairobi 00100
Kenya
Email: info@zazu.cloud