Terms of Service.

1. Agreement to Terms

By accessing or using the website, platform, or services provided by hub-LABS ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services. By creating an account, signing up for our newsletter, using our partner portal, or engaging our software, digital marketing, or data analysis services, you confirm your acceptance of these Terms.

2. Definitions and Interpretation

"Services" means the website hub-labs.net, the client/partner portal, software development, digital marketing, data analysis, and any related tools or platforms we provide. "You" or "User" means the individual or entity using our Services. "Content" means any text, data, images, or other materials you submit or we provide through the Services.

3. Services Description

hub-LABS provides software development, digital marketing, data analysis, and strategic operational services. We operate in Kenya, East Africa, and Europe. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will use reasonable efforts to notify users of material changes where practicable.

4. Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Services. By registering, you represent that the information you provide is accurate and that you will keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

5. Client Responsibilities

As a client or user, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Comply with all applicable laws and regulations in your jurisdiction
• Provide timely feedback and approvals during project execution
• Make payments according to agreed terms
• Not use the Services for any illegal or unauthorized purpose
• Not attempt to gain unauthorized access to our systems or other users' accounts

6. Acceptable Use

You may not use our Services to transmit malware, spam, or harmful code; to harass or harm others; to violate intellectual property rights; or to conduct fraudulent or illegal activity. We may suspend or terminate access for violation of acceptable use. When you connect third-party services (e.g. social media accounts) through our platform for analytics or engagement, you must comply with those platforms' terms and policies as well.

7. Pricing and Payment

All prices displayed on our website are indicative. Final pricing will be agreed in a written contract or statement of work. Payment terms will be specified in your project agreement. We reserve the right to change our pricing at any time; changes will not affect projects already under contract.

Payment terms: Unless otherwise specified, payment is due within 30 days of invoice date. Late payments may incur interest and may result in suspension of services. All amounts are in the currency agreed in your contract.

8. Intellectual Property

8.1 Your content

You retain all rights to content, data, and materials you provide to us. By providing such content, you grant us a license to use, modify, and display it solely for the purpose of providing our services and as described in our Privacy Policy.

8.2 Deliverables

Upon full payment, you will receive ownership rights to custom deliverables created specifically for your project. We retain rights to any pre-existing tools, frameworks, or methodologies used in delivering the services.

9. Project Scope and Changes

Project scope will be defined in a written agreement. Any changes to scope may result in additional charges and timeline adjustments. All scope changes must be approved in writing by both parties.

10. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. Except as expressly stated, we make no warranties regarding uninterrupted or error-free service, results of marketing campaigns, compatibility with all systems or platforms, or third-party services or integrations. To the extent permitted by law, we disclaim all implied warranties.

11. Limitation of Liability

To the maximum extent permitted by applicable law, hub-LABS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. Our total liability for any claim arising from these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of our engagement. This obligation survives termination of the agreement. We will handle your data in accordance with our Privacy Policy.

13. Termination

Either party may terminate a project agreement with written notice. Upon termination, you are responsible for payment of all work completed up to the termination date. We reserve the right to suspend or terminate your account for violation of these Terms or for any reason with notice where required by law. Upon termination, your right to use the Services ceases immediately.

14. Indemnification

You agree to indemnify and hold harmless hub-LABS, its officers, directors, and employees from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of our services, violation of these Terms, or infringement of any rights of another party.

15. Dispute Resolution

Any disputes arising from these Terms or our services shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the laws of Kenya, or as otherwise required by the applicable jurisdiction (including, for users in the European Union, the laws of the member state of your residence). Nothing in this section limits your right to bring a claim before a competent court in your jurisdiction where the law permits.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. For users in the European Union or European Economic Area, mandatory consumer protection laws of your country of residence may also apply. For users in East Africa (outside Kenya), the laws of Kenya shall apply unless otherwise required by your jurisdiction. The courts of Kenya shall have non-exclusive jurisdiction, except where EU or other mandatory law requires the courts of your residence to have jurisdiction.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last updated" date. Where required by law (e.g. for EU users), we may provide additional notice. Your continued use of our services after such modifications constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19. Contact Information

For questions about these Terms of Service, or for legal or compliance inquiries:

• Email: info@hub-labs.net
• Phone: +254 734 073 652
• Address: hub-LABS, Longonot House, Nakuru, Kenya