These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Silinzi (“Silinzi,” “we,” “our,” or “us”) governing your access to and use of the Silinzi platform, website, mobile applications, APIs, dashboards, verification tools, marketplace services, and all related services (collectively, the “Services”). Please read these Terms carefully before accessing or using the Services. By creating an account, accessing, or using the Services in any manner, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are accessing the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, “you” and “your” refer to both you and the organization. If you do not agree to these Terms, you must not access or use the Services.
1. Definitions
- “Account” means the registered account created by a User to access the Services.
- “Content” means any data, documents, files, text, images, metadata, or other materials uploaded, submitted, or processed through the Services.
- “Digital Seal” means a cryptographically signed verification record issued by Silinzi through the Services.
- “Enterprise Customer” means a business or organization that has entered into a separate agreement with Silinzi for enterprise-tier access.
- “Intellectual Property Rights” means all patents, trademarks, service marks, copyrights, trade secrets, know-how, and other proprietary rights.
- “Platform” means the Silinzi technology infrastructure, software, and systems that underpin the Services.
- “User Data” means Content submitted by a User and any data generated through their use of the Services.
- “Verification Record” means a tamper-evident record generated by the Platform confirming the integrity or status of a document or transaction.
2. Eligibility and Account Registration
2.1 Eligibility
You must be at least 18 years of age, or the age of legal majority in your jurisdiction if higher, to use the Services. By accessing the Services, you represent that you meet this requirement. If you are registering on behalf of an organization, you further represent that the organization is duly constituted and in good standing under applicable law.
2.2 Account Registration
Certain features of the Services require you to create an Account. When registering, you agree to provide accurate, current, and complete information and to keep that information updated throughout the term of your Account. You are responsible for all activity that occurs under your Account and for maintaining the confidentiality of your login credentials.
You must notify Silinzi promptly at legal@silinzi.com if you suspect any unauthorized access to or use of your Account. Silinzi will not be liable for losses resulting from unauthorized use of your Account where such use results from your failure to safeguard your credentials.
2.3 Account Integrity
You may not create multiple Accounts for the purpose of circumventing usage limits, sanctions, or enforcement actions. Silinzi reserves the right to suspend or terminate Accounts that appear to be duplicative, fraudulent, or in breach of these Terms.
3. The Services
3.1 Service Description
Silinzi provides digital verification, tokenization, seal issuance, verification infrastructure, workflow tools, and related trust infrastructure services. The specific features and functionalities available to you depend on the plan or tier to which you subscribe.
3.2 Service Modifications
Silinzi reserves the right to modify, enhance, suspend, or discontinue any aspect of the Services at any time, with or without notice, provided that we will make reasonable efforts to notify users of material changes that adversely affect existing functionality. Your continued use of the Services following any modification constitutes acceptance of the updated Services.
3.3 Availability
We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free access. Scheduled maintenance, emergency repairs, force majeure events, and circumstances beyond our reasonable control may result in temporary unavailability. Silinzi will not be liable for any losses arising from such interruptions.
3.4 Beta and Experimental Features
From time to time, Silinzi may make beta, preview, or experimental features available. Such features are provided “as is” without warranties of any kind and may be modified or withdrawn at any time. Your use of such features is at your own risk.
4. User Obligations and Acceptable Use
4.1 Permitted Use
You may use the Services solely for lawful purposes and in accordance with these Terms. You agree to use the Services in a manner consistent with all applicable local, national, and international laws and regulations.
4.2 Prohibited Conduct
You must not use the Services to:
- upload, transmit, or process Content that infringes any third-party Intellectual Property Rights or violates applicable law
- engage in fraud, misrepresentation, or any form of deceptive conduct
- impersonate any person or entity, or falsely represent your affiliation with any person or entity
- attempt to gain unauthorized access to any part of the Services, other user accounts, or Silinzi systems
- introduce viruses, malware, or other harmful code into the Platform
- conduct automated scraping, crawling, or data extraction without prior written consent
- use the Services in a manner that could damage, disable, or impair the Platform or interfere with other users’ access
- circumvent, disable, or tamper with security or access control features
- use the Services to send unsolicited communications or for any form of spamming
- use the Services for any purpose that violates applicable sanctions, export control laws, or anti-money laundering regulations
4.3 Content Standards
You are solely responsible for all Content you submit through the Services. You represent and warrant that you own or have all necessary rights to submit such Content, that the Content does not violate any applicable law, and that the Content does not infringe any third-party rights. Silinzi reserves the right, but assumes no obligation, to review, remove, or restrict access to Content that violates these Terms.
5. Intellectual Property
5.1 Silinzi Intellectual Property
All Intellectual Property Rights in and to the Services, the Platform, and any Silinzi-developed technology, software, trademarks, logos, and documentation are and remain the exclusive property of Silinzi or its licensors. Nothing in these Terms transfers any ownership interest in Silinzi’s Intellectual Property Rights to you.
5.2 Limited License to Users
Subject to your compliance with these Terms, Silinzi grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business or personal purposes during the term of your Account.
5.3 User Content License
By submitting Content to the Services, you grant Silinzi a limited, non-exclusive, worldwide license to access, store, process, and use your Content solely to the extent necessary to provide the Services, comply with legal obligations, and enforce these Terms. You retain all ownership rights in your Content.
5.4 Feedback
If you provide Silinzi with suggestions, ideas, or other feedback regarding the Services (“Feedback”), you grant Silinzi an irrevocable, royalty-free, worldwide license to use, incorporate, and exploit such Feedback in any manner without restriction or compensation to you.
6. Verification Services and Digital Seals
6.1 Nature of Verification
Silinzi’s verification services are designed to confirm the integrity and provenance of documents and records at the time of issuance. A Verification Record or Digital Seal attests only that the relevant Content was submitted to and processed by the Silinzi Platform at a given point in time; it does not constitute a legal certificate, notarization, or professional opinion of any kind.
6.2 Reliance on Verification Records
Third parties who rely on Silinzi Verification Records or Digital Seals do so at their own risk. Silinzi does not guarantee the underlying accuracy, authenticity, or legal validity of the Content submitted for verification. Users are responsible for ensuring that the Content they submit is accurate and that they are authorized to submit it.
6.3 Regulatory Compliance
Users operating in regulated industries are responsible for ensuring that their use of Silinzi’s verification services complies with all applicable regulatory requirements. Silinzi does not represent that its services satisfy the requirements of any specific regulatory framework. Users are encouraged to obtain qualified legal or compliance advice before deploying the Services in regulated contexts.
7. Fees, Billing, and Payment
7.1 Fees
Access to certain features of the Services requires payment of fees as set out in the applicable pricing schedule, order form, or subscription agreement. All fees are stated in the currency indicated at the point of purchase and are exclusive of applicable taxes unless otherwise stated.
7.2 Payment Terms
Fees are due and payable in accordance with the billing cycle selected at the time of subscription. By providing payment information, you authorize Silinzi or its payment processors to charge the applicable fees to your designated payment method on a recurring basis where applicable.
7.3 Taxes
You are responsible for all taxes, levies, duties, or similar governmental assessments applicable to your use of the Services, excluding taxes on Silinzi’s net income. Where Silinzi is required by law to collect taxes on your behalf, such taxes will be added to the applicable invoice.
7.4 Fee Changes
Silinzi reserves the right to modify its fees at any time. Where changes apply to existing subscriptions, Silinzi will provide at least thirty (30) days’ prior notice. Your continued use of the Services after the effective date of a fee change constitutes acceptance of the revised fees.
7.5 Refunds
Except as required by applicable law or as expressly stated in a separate agreement, all fees paid to Silinzi are non-refundable. If you believe you have been charged in error, please contact support@silinzi.com within thirty (30) days of the relevant charge.
8. Confidentiality
Each party may have access to confidential or proprietary information of the other party in connection with the Services (“Confidential Information”). Each party agrees to hold the other’s Confidential Information in confidence using at least the same degree of care it applies to its own confidential information, and not to disclose such information to third parties without prior written consent, except as required by law or as necessary to perform obligations under these Terms. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is disclosed pursuant to a lawful court order or government demand, provided the receiving party gives prompt written notice where permitted by law.
9. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and handling of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at silinzi.com/privacy. To the extent Silinzi processes personal data on your behalf as a data controller, the parties will enter into a Data Processing Agreement setting out the terms of such processing. Enterprise Customers may request a Data Processing Agreement by contacting privacy@silinzi.com.
10. Third-Party Services and Integrations
The Services may integrate with, link to, or enable connectivity with third-party platforms, APIs, or services. Silinzi does not control and is not responsible for the content, availability, security, or privacy practices of any third-party service. Your use of third-party services is subject to the terms and policies of those services, and Silinzi makes no representations or warranties with respect to them. Silinzi may receive compensation from certain third-party providers in connection with integrations or referrals. Such arrangements do not influence the integrity of the verification Services.
11. Disclaimers and Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SILINZI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Silinzi does not warrant that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) any errors or defects will be corrected; (c) the Services or the infrastructure on which they operate are free of viruses or other harmful components; or (d) any Verification Record or Digital Seal will be accepted as legally valid or sufficient for any particular purpose in any jurisdiction.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SILINZI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SILINZI’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SILINZI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD 100).
13. Indemnification
You agree to indemnify, defend, and hold harmless Silinzi and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) your Content; (c) your breach of these Terms; (d) your violation of any applicable law or third-party right; or (e) any fraud or wilful misconduct by you.
14. Term and Termination
14.1 Term
These Terms commence on the date you first access or use the Services and continue until terminated in accordance with this section.
14.2 Termination by You
You may terminate your Account and discontinue use of the Services at any time by following the account closure process within your account settings or by contacting support@silinzi.com. Termination does not entitle you to a refund of any prepaid fees except as required by applicable law.
14.3 Termination by Silinzi
Silinzi may suspend or terminate your access to the Services, in whole or in part, at any time and without prior notice if: (a) you breach any provision of these Terms; (b) we are required to do so by law or a regulatory authority; (c) continued provision of the Services to you poses a security risk to the Platform or to other users; or (d) your Account has been inactive for an extended period as defined in our then-current policies.
14.4 Effect of Termination
Upon termination, your right to access and use the Services ceases immediately. Silinzi may delete your Account and associated data in accordance with our data retention practices as described in the Privacy Policy. Provisions of these Terms that by their nature should survive termination, including without limitation Sections 5, 8, 11, 12, 13, 15, and 16, will continue in full force and effect.
15. Dispute Resolution
15.1 Informal Resolution
Before initiating any formal dispute resolution process, the parties agree to attempt to resolve any dispute informally. Either party may initiate this process by sending written notice describing the nature of the dispute and the relief sought to legal@silinzi.com.
15.2 Governing Law
These Terms and any dispute arising out of or in connection with them will be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles, unless a separate enterprise agreement specifies a different governing law.
15.3 Jurisdiction
Subject to Section 15.1, each party irrevocably submits to the exclusive jurisdiction of the courts of Nairobi, Kenya, for the resolution of any disputes arising out of or in connection with these Terms, unless otherwise agreed in writing.
15.4 Class Action Waiver
To the fullest extent permitted by applicable law, you waive any right to bring claims against Silinzi as a plaintiff or class member in any class action, collective action, or representative proceeding.
16. General Provisions
16.1 Entire Agreement: These Terms constitute the entire agreement between you and Silinzi.
16.2 Amendments: Silinzi reserves the right to amend these Terms at any time.
16.3 Severability: If any provision is found invalid, the remaining provisions remain in effect.
16.6 Force Majeure: Silinzi will not be liable for failures due to causes beyond its reasonable control.
17. Enterprise Customers
Enterprise Customers executing separate agreements are subject to those terms to the extent they conflict with these Terms. Enterprise inquiries can be sent to enterprise@silinzi.com.
18. Contact Information
Legal
legal@silinzi.com
Support
support@silinzi.com
Privacy
privacy@silinzi.com
Enterprise
enterprise@silinzi.com
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and the Silinzi Privacy Policy.