Terms of Service

1. Acceptance of Terms

Welcome to Ping Africa. By accessing or using our cloud infrastructure services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

Ping Africa provides cloud infrastructure services including but not limited to:

• Virtual machine hosting and management
• Cloud storage and backup solutions
• Network infrastructure and connectivity
• API access and developer tools
• Technical support and monitoring services

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Implementing appropriate security measures for your applications

4. Acceptable Use Policy

You agree not to use our Services to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or malicious code
• Engage in fraudulent activities
• Spam, phish, or engage in other abusive behavior
• Attempt to gain unauthorized access to our systems
• Use excessive bandwidth or computing resources that impact other users
• Mine cryptocurrency without prior written approval

5. Pricing and Payment

5.1 Fees

You agree to pay all fees associated with your use of the Services as described in our pricing page. Prices are subject to change with 30 days' notice.

5.2 Billing

Fees are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees incurred.

5.3 Late Payment

Late payments may result in suspension or termination of services. We may charge interest on overdue amounts at a rate of 1.5% per month.

6. Service Level Agreement (SLA)

We strive to maintain 99.9% uptime for our Services. Detailed SLA terms, including credits for downtime, are available in our separate SLA document. The SLA does not cover:

• Scheduled maintenance (with advance notice)
• Issues caused by your applications or configurations
• Force majeure events
• Third-party service failures

7. Data and Content

7.1 Your Data

You retain all rights to your data and content. You grant us a license to use, store, and process your data solely to provide the Services.

7.2 Data Backup

While we implement backup systems, you are responsible for maintaining your own backups. We are not liable for data loss.

7.3 Data Location

Your data is primarily stored in our Kenya data centers. By using our Services, you consent to this data location and any necessary transfers.

8. Intellectual Property

The Services, including all software, documentation, and trademarks, are owned by Ping Africa and protected by intellectual property laws. You may not:

• Copy, modify, or reverse engineer our software
• Remove or alter any proprietary notices
• Use our trademarks without permission

9. Confidentiality

Both parties agree to keep confidential information private and use it only for the purposes of this agreement. This obligation survives termination of the Services.

10. Termination

10.1 By You

You may terminate your account at any time through your account settings. You remain responsible for any fees incurred prior to termination.

10.2 By Us

We may suspend or terminate your account for:

• Violation of these Terms
• Non-payment of fees
• Suspected fraudulent or illegal activity
• Extended inactivity

10.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. We will provide a reasonable period (typically 30 days) for you to retrieve your data, after which it may be deleted.

11. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PING AFRICA 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 SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Ping Africa from any claims, damages, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or applications

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Kenya, without regard to conflict of law principles.

14.2 Arbitration

Any disputes shall first be attempted to be resolved through good-faith negotiation. If unsuccessful, disputes shall be resolved through binding arbitration in Nairobi, Kenya.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Continued use of the Services after changes constitutes acceptance of the new Terms.

16. General Provisions

16.1 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.

16.2 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

16.4 Entire Agreement

These Terms constitute the entire agreement between you and Ping Africa regarding the Services.

17. Contact Information

For questions about these Terms, please contact us at:

• Email: support@ping.africa
• Address: Nairobi, Kenya
• Phone: +254 722 615 615