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Legal

Terms of Service

Commercial draft — not yet effective

This draft is not legal advice and must be reviewed by a Kenyan advocate before publication. Last updated and effective dates will be added when the reviewed Terms are published.

These Terms govern use of Eza Cloud and PayEdge. By creating an account, paying an invoice or using the Services, you agree to these Terms. If you use Eza Cloud for an organisation, you confirm that you have authority to accept these Terms for that organisation.

Contracting entity: Edgecloud Technologies Limited, trading as Eza Cloud · Contact: legal@eza.co.ke

1. Who we are

Eza Cloud is operated by Edgecloud Technologies Limited, trading as Eza Cloud. Our public address is Queensway House, Nairobi, Kenya.

In these Terms, "Eza", "we", "us" and "our" mean Edgecloud Technologies Limited, trading as Eza Cloud. "Customer", "you" and "your" mean the individual or organisation using the Services. "Services" mean Eza Cloud hosting, managed databases, object storage, PayEdge, the dashboard, CLI, API, documentation and related support.

"Organisation" means an Eza account workspace that holds a hosting plan, add-ons, projects, apps and team members. "Customer Data" means data, content, code, files, databases, configuration and personal data that you or your users place in the Services. "PayEdge" means Eza’s M-Pesa STK push product.

2. Who may use Eza

Eza is available to customers in Kenya at launch.

  • You may create an account if you are an individual aged 18 or older, or an organisation represented by a person authorised to accept these Terms.
  • You do not need to be a registered business to use Eza.
  • You must provide a verified email address and phone number, and keep your account details accurate and current.

3. Your Eza account

  • You are responsible for activity performed through your account and Organisation.
  • Keep your password, API keys, tokens, database credentials and other access details confidential.
  • You must use two-factor sign-in if you are an Organisation Owner or Admin.
  • Promptly report suspected unauthorised account access to security@eza.co.ke.
  • You may invite other users into your Organisation and are responsible for selecting their roles and access. Every hosting plan includes unlimited team members.

4. Services

Eza provides app-hosting and developer services. Feature availability depends on your plan, add-ons and the published product documentation.

Beta features are included and supported, but are not covered by uptime credits unless the relevant product terms say otherwise. Eza may update the Services. For material changes that reduce or remove a paid feature, we will give at least 30 days’ notice where reasonably practical.

  • Deployments from GitHub, GitLab, Bitbucket and the Eza CLI; web apps, workers, scheduled jobs and persistent volumes.
  • Managed PostgreSQL; MySQL (Beta); MongoDB-compatible databases running on FerretDB (Beta); and Redis-compatible databases using Valkey.
  • S3-compatible object storage, custom domains, automatic SSL, environment variables, logs, CLI, REST API, webhooks and PayEdge (Beta).

5. Customer Data and code

You retain ownership of your Customer Data and application code. You give Eza the limited rights needed to host, store, transmit, process, back up, support and secure Customer Data so that we can provide the Services.

For Customer Data hosted on Eza, you are normally the data controller. Eza acts as your data processor and processes that data on your documented instructions, subject to the Data Processing Agreement. The Data Processing Agreement forms part of these Terms.

  • You are responsible for your application code, Customer Data and the lawfulness of your application and content.
  • You are responsible for your relationship with your users, required notices, consents and policies, and any backups or exports you maintain outside Eza.

6. Data location and security

All customer data is stored and processed in Kenya. Eza applies technical and organisational measures described in the Security page, Data Processing Agreement and product documentation, including app sandboxing, encryption in transit and at rest, required two-factor sign-in for Owners and Admins, and managed database backups.

Security measures reduce risk; they do not guarantee that unauthorised access, loss or service interruption will never occur. You must configure your application securely, including its permissions, environment variables, dependencies, database users and third-party integrations.

7. Acceptable use

You must use Eza lawfully and in line with the Acceptable Use Policy.

  • Malware or malicious code; phishing, scam sites or impersonation; spam or non-consensual bulk email, SMS or WhatsApp messaging.
  • Botnets, command-and-control systems, DDoS infrastructure, cryptocurrency mining, child sexual abuse material or terrorist content.
  • Sexually explicit content, copyright infringement, hate speech or incitement, pyramid or Ponzi schemes.
  • Unlicensed lending, betting, deposit-taking or investment schemes requiring CBK, BCLB or CMA licensing; public services running SSPL software including MongoDB; or unauthorised vulnerability scanning of systems you do not own or control.

The Acceptable Use Policy contains more detail.

8. Git providers and third-party services

You may connect GitHub, GitLab or Bitbucket to Eza. GitHub connections use the Eza GitHub App, and you choose which repositories Eza can access. GitLab and Bitbucket connections use OAuth.

You are responsible for your third-party accounts and for granting only the access needed for your deployment workflow. Third-party services may have their own terms, outages, limits and security practices. Eza is not responsible for a third-party service outside Eza’s control.

9. PayEdge

PayEdge lets your app initiate M-Pesa STK push requests and receive verified payment results. It is a Beta feature and can be used with an Eza-hosted app or an app hosted elsewhere. Payments go directly to your own Paybill or Till; Eza does not receive, hold, settle or transfer your customer payments.

PayEdge may limit requests to protect users and the service: no more than five STK prompts to one phone number in 10 minutes and 20 prompts per second per configuration. PayEdge accepts whole KES amounts only, with a minimum amount of KES 1.

  • You must have authority to use the connected Paybill or Till and follow Safaricom requirements that apply to your use of M-Pesa.
  • You are responsible for your relationship with payers, payment terms, refunds, delivery, fulfilment, account references, order records, reconciliation, webhook endpoint and application logic.

10. Plans, subscriptions and add-ons

Each Organisation has one subscription, which may include one hosting plan, database storage packs, PayEdge live shortcodes and other published add-ons. An Organisation may hold many projects and apps within its plan limits. Agencies may use one Organisation per client.

Hosting plans are available monthly and annually. Annual hosting plans provide 12 months of hosting for the price of 10 monthly payments. PayEdge shortcodes and add-on packs are billed monthly, including where hosting is billed annually. Plan limits, prices and included features appear on the Pricing page.

11. Prices, VAT and M-Pesa billing

Eza prices are in Kenyan shillings and listed prices include VAT at 16%. Eza issues KRA eTIMS invoices showing the service amount and VAT separately. You pay Eza through M-Pesa; you do not need a card to pay for Eza.

You must pay invoices by the due date shown in your dashboard or invoice, and confirm that payment details, billing contacts and M-Pesa numbers are correct. Eza may change prices by giving at least 30 days’ notice by email. A price change takes effect on the next billing date after the notice period ends.

12. Payment failure and non-payment

If an invoice remains unpaid, Eza may take the following steps. We may send payment reminders before these steps.

  • On day 3, Eza may block new deployments.
  • On day 7, Eza may stop running apps.
  • On day 30, Eza may delete Customer Data.
  • You remain responsible for charges that apply before the subscription ends or data is deleted. Contact billing@eza.co.ke if you believe an invoice or payment status is incorrect.

Pending operations confirmation: publish the billing address only after the mailbox exists and is monitored.

13. Upgrades and downgrades

You may upgrade your hosting plan through the dashboard. An upgrade applies after you complete the prorated M-Pesa payment, and new limits apply immediately. A downgrade takes effect on the next billing date.

Before a downgrade takes effect, your Organisation must fit within the lower plan limits. The dashboard may show apps, database storage or other usage that you need to reduce.

Pending product confirmation: confirm downgrade checks and dashboard guidance before publication.

14. Limits and overages

Eza may alert you when you approach a plan limit.

  • For managed database storage, Eza emails the Organisation Owner at 85% usage and displays a dashboard warning at 95%. A full database disk may stop accepting writes.
  • You may add 10 GB of database storage for KES 500 per month where storage packs are available.
  • When you reach an app limit, Eza blocks new apps but existing apps continue running. If you exceed included bandwidth, your site stays up and Eza may ask you to upgrade your plan.

15. Cancellation

You may cancel a subscription through the dashboard. There are no refunds for partial monthly periods, and Services continue until the end of the paid period.

After the paid period ends, Eza deletes Customer Data 14 days later. You are responsible for exporting Customer Data before deletion.

16. Refunds

Monthly hosting charges are not refundable for partial months. An annual hosting plan may be refunded in full within 14 days of purchase if you have not used hosting resources. PayEdge shortcodes and add-on packs are monthly and are not refundable for partial months.

If you make an accidental duplicate M-Pesa payment, Eza may refund the duplicate amount to your account balance or reverse it on request. Unused account balance may be refunded through M-Pesa when an account closes, on request.

Pending legal, product and finance confirmation: define used hosting resources and account-balance refund conditions, identity checks and processing time before publication.

17. Service availability

Eza aims to provide the Services continuously, but availability can be affected by maintenance, internet connectivity, upstream providers, customer configuration, abuse prevention, security events and other factors.

The Service Level Agreement describes the 99.5% monthly uptime commitment for eligible apps with two or more replicas. If Eza misses the commitment, the SLA provides automatic account credits. The SLA does not cover Beta features, PayEdge, storage packs or other add-ons.

Planned maintenance may occur on Tuesday from 02:00 to 04:00 EAT. Eza gives at least 48 hours’ notice and schedules no more than 4 hours of planned maintenance each calendar month.

18. Support

Email support is available on every hosting plan. Starter and Pro include phone support Monday to Saturday, 08:00 to 18:00 EAT. Platform-wide P1 incidents may page the on-call team outside those hours.

The public status page reports platform-wide service events. Eza does not promise a particular support response time unless a separate written agreement says otherwise.

19. Suspension and termination

Eza may suspend or terminate access when necessary to enforce these Terms or the Acceptable Use Policy; address non-payment; protect the Services, customers or third parties; respond to a security risk; or comply with law, a court order or a valid regulatory request.

  • For ordinary abuse reports, Eza may give you notice and 48 hours to fix the issue.
  • Eza may suspend immediately for phishing, malware, child sexual abuse material, an active attack or another urgent risk.
  • For a security-related suspension, Eza will notify the Organisation Owner where it is safe and lawful to do so. You may appeal a suspension by emailing support@eza.co.ke.

20. Intellectual property

Eza and its licensors own the Services, documentation, trademarks, software, design, text and other Eza materials. These Terms do not transfer ownership of Eza intellectual property to you. You may use Eza trademarks only with our prior written permission.

You may provide feedback about the Services. Eza may use feedback without obligation to you, provided we do not identify you as the source without your permission.

21. Disclaimers

The Services are provided on an "as available" basis, subject to warranties that cannot be excluded under Kenyan law. Eza does not promise that the Services will meet every use case, work with every third-party service or operate without interruption.

You are responsible for testing your application, backups, deployments, domains and integrations before relying on them in production. PayEdge does not guarantee that Safaricom will complete, approve or send callbacks for every M-Pesa transaction.

22. Limitation of liability

To the maximum extent permitted by Kenyan law, Eza’s total liability arising from or related to the Services is limited to the fees you paid to Eza for the affected Services during the three months before the event giving rise to the claim.

Eza is not liable for indirect, incidental, special, consequential or punitive losses, including loss of profits, revenue, business opportunity, goodwill, data or anticipated savings. Nothing in these Terms limits liability that cannot legally be limited or excluded under Kenyan law.

Pending Kenyan legal review: confirm enforceability of this liability cap and exclusions.

23. Indemnity

You will indemnify Eza and its directors, employees and contractors against third-party claims, losses, costs and expenses arising from your Customer Data, application, use of the Services in breach of these Terms or the Acceptable Use Policy, or breach of law or third-party rights. This clause applies only to the extent permitted by Kenyan law.

Pending Kenyan legal review: confirm indemnity scope and wording.

24. Changes to these Terms

Eza may update these Terms. For material changes, Eza gives at least 30 days’ notice by email. Updated Terms take effect on the date stated in the notice. If you continue using the Services after the effective date, you accept the updated Terms. If you do not agree, you may cancel before the updated Terms take effect.

25. Governing law and disputes

These Terms are governed by the laws of Kenya. The courts in Nairobi have jurisdiction over disputes arising from these Terms.

Pending Kenyan legal review: confirm venue wording, consumer-rights treatment and any required dispute-resolution process.

26. Contact

For legal notices and Terms questions: legal@eza.co.ke. For support: support@eza.co.ke. For billing: billing@eza.co.ke. For security issues: security@eza.co.ke. For privacy and data requests: privacy@eza.co.ke.

Pending operations confirmation: publish the legal and billing addresses only after their mailboxes are active and monitored.

27. Other terms

If any part of these Terms is unenforceable, the remaining parts continue to apply. A failure to enforce a provision does not waive that provision.

You may not transfer these Terms or your account without Eza’s written permission. Eza may transfer these Terms as part of a merger, acquisition, restructuring or sale of assets, subject to applicable law.

These Terms, the Privacy Policy, Data Processing Agreement, Acceptable Use Policy, Service Level Agreement and applicable order or pricing terms form the entire agreement between you and Eza for the Services.