Terms, Conditions & User Agreement

We provide custom software development, system integration, and related professional services. Every engagement is subject to a specific Statement of Work (SOW) or Digital Invoice which confirms the scope, deliverables, and fees.

• Software: Custom development (Web, Mobile, Desktop), API integration, and maintenance.
• Core vs. Extensions: Our unique model separates the "Core" build from "Extensions" (AI, Payments, Auth). These may be billed and delivered separately.
• Hardware: Supply and installation of hardware is subject to separate availability and sales orders.

You agree to use our services lawfully. You must comply with the Computer Misuse and Cybercrimes Act (Kenya) and international laws applicable to your jurisdiction.

Prohibited activities include: unauthorized access to our systems, attempting to reverse-engineer our proprietary source code (unless explicitly licensed), fraud, and the distribution of malware. We reserve the right to report unlawful behavior to the DCI (Directorate of Criminal Investigations) or relevant international authorities.

Client Ownership: Upon full payment of the agreed fees, we assign to you the specific code delivered for your project.

Retained Rights: Delphixit Nova retains ownership of our underlying frameworks, pre-built modules (e.g., our custom Auth modules), and developer tools used to create your software. You receive a perpetual, non-exclusive license to use these embedded components within your project.

Currency: Unless stated otherwise, all billings are in Kenyan Shillings (KES).

Partial Payments: We allow a deposit (typically 50%) for Core software. Extension payments can be made in partial installments (minimums apply, e.g., 2,500 KES - 5,000 KES).

Our refund policy applies universally to all payment methods (M-Pesa, Card, and Bank Transfer). Due to the bespoke nature of our work, where engineering resources are allocated immediately, we enforce strict timelines.

To initiate a refund check, email billing@delphixit.com with your Transaction ID. After the 72-hour window lapses, funds are considered committed and non-refundable, except where required by the Consumer Protection Act for complete failure to deliver.

We adhere to the Data Protection Act, 2019 (Kenya).

• Collection: We only collect data necessary for project execution (Name, Email, Phone, Project Specs).
• Processing: We do not sell your data. We function as a Data Processor for any user data contained within the software we build for you.
• Security: We employ encryption and strict access controls to protect your intellectual property.

Our software is provided with a warranty of functionality as described in the SOW for a specific period (typically 30-90 days post-launch).

Disclaimer

Except as expressly provided, services are provided "AS IS". We are not liable for indirect damages, lost profits, or data loss caused by your misuse of the system. Our total liability is limited to the fees actually paid by you in the 12 months preceding the claim.

This Agreement is governed by the Laws of the Republic of Kenya.

Mediation First: In the event of a dispute, both parties agree to attempt amicable negotiation for at least 30 days.

Jurisdiction: If unresolved, disputes shall be submitted to the competent courts of Kenya. International clients agree to submit to this jurisdiction.