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Terms of Service

Please read these terms carefully before using our website or services.

1. Acceptance of Terms

By accessing or using the TechBloom Solutions website ("Site") or any services provided by TechBloom Solutions ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Site or Services.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you.

2. Description of Services

TechBloom Solutions provides digital services including but not limited to web development, mobile application development, UI/UX design, digital marketing, and related consulting services.

All services are subject to these Terms as well as any additional terms outlined in separate service agreements or statements of work.

3. User Responsibilities

3.1 Account Creation

Certain features of our Services may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Copying, distributing, or disclosing any part of the Site or Services in any medium
  • Using any automated system to access the Site or Services
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions
  • Taking any action that imposes an unreasonable load on our infrastructure
  • Uploading invalid data, viruses, worms, or other software agents
  • Collecting or harvesting any personally identifiable information
  • Using the Site or Services for any illegal purpose

4. Intellectual Property

The Site and Services, including all content, features, and functionality, are owned by TechBloom Solutions and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or through our Services, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use

5. Service Agreements

Specific services provided by TechBloom Solutions will be governed by separate service agreements or statements of work that outline project scope, deliverables, timelines, payment terms, and other specific conditions.

In the event of any conflict between these Terms and a specific service agreement, the terms of the service agreement shall prevail with respect to that specific service.

6. Payments and Refunds

6.1 Fees

Fees for Services will be as set forth in the applicable service agreement or statement of work. Unless otherwise specified, all fees are quoted in U.S. dollars and are non-refundable.

6.2 Payment Terms

Payment terms will be specified in the applicable service agreement. Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

6.3 Taxes

You are responsible for paying all taxes associated with your purchases. If we have the legal obligation to pay or collect taxes for which you are responsible, we will invoice you and you will pay that amount.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information received from the other party during the term of these Terms and for a period of 5 years after termination. "Proprietary Information" includes all information marked as confidential or which should reasonably be considered confidential.

The confidentiality obligations shall not apply to information that:

  • Was in the public domain at the time it was disclosed
  • Becomes publicly available through no fault of the recipient
  • Was rightfully known to the recipient without restriction at the time of disclosure
  • Is independently developed by the recipient without use of the disclosing party's confidential information
  • Is approved for release by written authorization of the disclosing party

8. Disclaimer of Warranties

YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TECHBLOOM SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TECHBLOOM SOLUTIONS MAKES NO WARRANTY THAT (I) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECHBLOOM SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHBLOOM SOLUTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICES.

10. Indemnification

You agree to defend, indemnify, and hold harmless TechBloom Solutions and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

11. Termination

We may terminate or suspend your access to the Site or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and TechBloom Solutions regarding the use of the Site and Services, superseding any prior agreements between you and TechBloom Solutions relating to your use of the Site or Services.

13.2 Waiver and Severability

The failure of TechBloom Solutions to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13.3 Assignment

You may not assign these Terms without the prior written consent of TechBloom Solutions, but TechBloom Solutions may assign or transfer these Terms, in whole or in part, without restriction.

13.4 Notices

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion.

14. Contact Information

If you have any questions about these Terms, please contact us at:

TechBloom Solutions
Kihunguro Plaza
Ruiru
Email: [email protected]
Phone: + (254) 768-850-167

Last Updated: Nov 15, 2024