Terms of Service

01

About DataMonks and these terms

These Terms of Service govern access to and use of websites, software, platforms and services provided by DataMonks Axiom Limited ("DataMonks", "we", "our" or "us") where no more specific written agreement applies.

A product-specific agreement, order form, subscription agreement, data-processing agreement or other signed customer contract may add to or replace parts of these Terms. Where there is a direct conflict, the expressly agreed product or customer terms control for that service.

02

Scope of services

DataMonks develops and provides software, automation, artificial-intelligence features, digital products, systems integrations and related engineering or technology services. Availability, functionality and supported integrations can differ by product, customer, market and deployment.

A feature described on the corporate website may be in development, pilot or limited availability and should not be treated as a contractual commitment unless included in an applicable customer agreement.

03

Eligibility and authority

If you use a DataMonks service for an organisation, you represent that you are authorised to act for that organisation and to connect any business accounts, data sources or third-party services you configure.

You must not connect an account, dataset or service that you do not control or have lawful authority to use.

04

Accounts and credentials

Users are responsible for providing accurate account information, protecting authentication credentials, using appropriate access controls and promptly reporting suspected unauthorised access.

Passwords, private keys, access tokens and other authentication secrets must not be shared through public forms, support tickets or ordinary email unless DataMonks has expressly provided a secure method for that purpose.

05

Customer responsibilities

Customers are responsible for ensuring they have authority to provide information processed through the service, that their use complies with applicable law, that required notices or permissions have been obtained, and that instructions given to DataMonks do not require unlawful or unauthorised processing.

Customers are also responsible for the business decisions, policies, staff permissions and connected third-party accounts they configure unless a written agreement allocates a responsibility differently.

06

Acceptable use

You may not use DataMonks services to violate applicable law; infringe another person's rights; gain unauthorised access to systems or information; distribute malware; conduct fraud or deceptive activity; abuse third-party platforms; evade provider restrictions or security controls; materially interfere with service integrity or availability; or instruct the service to perform activity you are not authorised to perform.

DataMonks may restrict activity that creates a material security, legal or abuse risk even where that specific activity is not listed above.

07

Connected third-party services

DataMonks products may integrate with communication, identity, productivity, cloud, payment or other third-party services. Those services remain governed by their own terms, policies, permissions and technical availability.

Customers remain responsible for compliance with the terms applicable to accounts they connect. DataMonks does not control independent changes, outages, restrictions, rate limits, review decisions or service termination imposed by third-party providers.

08

Customer data

As between DataMonks and the customer, the customer retains its rights in customer-provided content and data. The customer grants DataMonks the limited rights necessary to host, process, transmit, transform and otherwise handle that data to provide, secure and support the applicable service.

Where DataMonks processes personal information on the customer's behalf, additional processor obligations may be set out in an applicable data-processing agreement or customer contract.

09

Artificial intelligence features

Some DataMonks services may use artificial intelligence to assist with communication, classification, drafting, information retrieval, summarisation, routing, recommendations or workflow actions. AI-generated output may contain errors, omissions or unexpected results.

Customers should configure appropriate review, approval, escalation and human-oversight controls for the risk of the use case. Unless expressly agreed otherwise, DataMonks AI output is not professional legal, medical, financial or other regulated advice.

10

Automated actions and human oversight

Where a service can take automated actions, customers are responsible for deciding which actions may be automated and which require human approval, subject to product controls and applicable law.

DataMonks may impose safeguards, rate limits, approval requirements or restrictions where needed to reduce security, compliance, fraud or operational risk.

11

Intellectual property

DataMonks and its licensors retain rights in the software, designs, code, documentation, trademarks, technical methods and other intellectual property used to provide the services, except for material expressly owned by the customer or another party.

These Terms do not transfer ownership of DataMonks technology to the user or customer. Feedback may be used to improve DataMonks products provided doing so does not disclose customer confidential information or override an agreed restriction.

12

Confidentiality

Where confidential information is exchanged, each party should use reasonable measures to protect it and use it only for the relevant business relationship. More detailed confidentiality obligations may be contained in a customer agreement or non-disclosure agreement.

Information that is public without breach, independently developed, lawfully received from another source or required to be disclosed by law may be treated differently as permitted by the applicable agreement or law.

13

Privacy and data protection

Personal information is handled according to the DataMonks Privacy Policy and any applicable customer data-processing agreement. Customers remain responsible for their own privacy notices and controller obligations where they determine how and why personal information is processed.

DataMonks may update product documentation, subprocessors and data-handling descriptions as production architecture evolves, subject to applicable contractual commitments.

14

Security responsibilities

DataMonks designs security controls according to the product, integration and deployment environment. Customers must also maintain appropriate account security, user access, connected-service permissions and endpoint practices.

A party that becomes aware of a suspected security incident affecting the other party's systems or information should report it through the agreed security or support channel without unnecessarily exposing authentication secrets.

15

Fees and paid services

Paid products or services may be subject to pricing, subscription periods, usage limits, taxes, billing dates, payment terms and renewal or cancellation conditions stated in an order form, invoice, subscription screen or customer agreement.

The corporate website does not by itself create a commitment to a particular price, plan or commercial term.

16

Service availability and changes

We work to provide reliable services but do not guarantee uninterrupted or error-free availability unless a written service-level commitment expressly states otherwise.

Products may change as technology, security requirements, laws, provider APIs and business needs evolve. We may modify, replace or retire functionality, taking applicable customer commitments into account.

17

Suspension and termination

DataMonks may restrict or suspend access where reasonably necessary to address a security threat, prevent abuse or unlawful activity, respond to a third-party platform restriction, protect other customers or users, address material breach or comply with law.

Customer-specific termination rights, notice periods, data return or export arrangements and post-termination retention may be set out in the applicable commercial agreement.

18

Third-party changes and outages

An integration can depend on a third party's APIs, permissions, review status, network, authentication systems or commercial terms. DataMonks is not responsible for a third party's independent decision to change, restrict or discontinue its service, although we may work to adapt an integration where reasonably practical.

Temporary degradation or loss of a third-party dependency may affect related DataMonks functionality.

19

Disclaimers

To the extent permitted by applicable law, services are provided subject to the descriptions and commitments expressly agreed for the applicable product. General website content is informational and is not a warranty that every described capability is available to every user or customer.

Nothing in these Terms excludes warranties, rights or remedies that cannot lawfully be excluded.

20

Limitation of liability

To the extent permitted by applicable law and subject to any different written customer agreement, neither party should be liable for indirect, incidental, special or consequential loss merely because such loss was possible. Any negotiated liability caps or exclusions for a paid customer relationship should be stated in the applicable contract.

Nothing in these Terms limits liability where limitation is prohibited by law, or overrides a more specific signed agreement.

21

Indemnity

Any indemnity obligations for a commercial customer relationship should be stated in the applicable written agreement. These general website Terms do not create an unlimited indemnity obligation beyond what applicable law requires.

22

Governing law and disputes

These general Terms are governed by the laws of Kenya, unless a written agreement between DataMonks and a customer expressly specifies another governing law or dispute process.

The parties should first attempt in good faith to resolve a commercial dispute through the contacts identified in the applicable agreement before pursuing formal remedies, where appropriate.

23

Changes to these terms

We may update these Terms to reflect changes in our services, technology, legal obligations or business practices. The current version will be published on this page with its effective and revision date.

Where a contract requires notice of material changes, DataMonks will follow that contract for the affected customer.

24

Contact

General questions about these Terms can be sent to legal@datamonks.io or contact@datamonks.io. Security reports should be sent to security@datamonks.io and privacy matters to privacy@datamonks.io.