Terms of Use

1. Introduction and agreement

These Terms of Use (“Terms”) govern access to and use of the Makuruwan website, software platform, products, modules, applications, communications, and related services (collectively, the “Services”) provided by Makuruwan Technologies (Private) Limited (“Makuruwan,” “we,” “us,” or “our”).

By accessing, browsing, registering for, purchasing, or using any part of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

These Terms apply to visitors, prospects, paying customers, resellers, tenant administrators, tenant users, client users, and any other person accessing or using the Services.

2. Eligibility and authority

You may use the Services only if you have legal capacity to enter into a binding agreement under applicable law.

If you use the Services on behalf of a company, agency, partnership, reseller entity, or other organization, you represent and warrant that you are authorized to bind that organization to these Terms.

3. Scope of services

Makuruwan provides a modular, reseller-focused, white-label SaaS platform and related services intended to support branded business operations, client management, communication workflows, domain services, hosting-related services, and future platform modules.

Services may include a central platform, reseller-facing tenant environments, client-facing portals, module-specific tools, infrastructure services, onboarding processes, support services, communications, and related digital products.

We may add, modify, improve, suspend, restrict, or discontinue any portion of the Services at any time. Some functionality may be provided in phases, released incrementally, or made available only under specific plans or commercial arrangements.

4. Accounts, registration, and account security

Access to certain Services requires account registration, submission of contact details, plan selection, payment details, administrative setup, or delegated user access under a tenant or client environment.

You agree to:

• provide complete, current, and accurate information,
• keep your account information updated,
• maintain the confidentiality of credentials,
• restrict unauthorized access to your account,
• promptly notify us of suspected unauthorized use, and
• accept responsibility for activities occurring under your account or your organization’s account.

We may suspend, restrict, or terminate accounts where we detect fraud, non-payment, misuse, security issues, legal risk, false information, or violations of these Terms.

5. Plans, orders, subscriptions, fees, and billing

Certain Services are provided on a paid subscription basis or under a commercial order, quotation, invoice, statement of work, or other agreed pricing arrangement.

By selecting a plan or purchasing Services, you agree to pay all applicable fees, taxes, levies, transaction costs, and other charges associated with your selected Services.

Pricing may differ by module, service type, billing cycle, support level, setup scope, usage level, domain-related fees, hosting-related costs, third-party provider charges, or custom commercial terms.

Unless otherwise stated in writing, all charges are due in advance for the relevant subscription term or service period.

We may use third-party billing or payment providers to process transactions. Your use of those providers may also be subject to their own terms and privacy policies.

6. Refund policy

Subject to applicable law and any written agreement to the contrary, first-time purchases may qualify for a refund if the refund request is made within 30 days of first purchase.

Any approved refund may be reduced by:

• setup fees,
• implementation charges,
• configuration charges,
• domain registration costs,
• hosting setup charges,
• third-party fees already incurred by Makuruwan on your behalf, and
• any other non-recoverable service activation or onboarding costs.

Refund eligibility may not apply where Services have been materially consumed, provisioned, configured, delivered through third parties, abused, or used in violation of these Terms.

Renewal charges, recurring subscriptions after the first purchase period, domain registrations, and certain third-party services may be non-refundable unless required by law or agreed otherwise in writing.

7. Expiry reminders, suspension, and termination for non-monthly subscriptions

For subscriptions other than monthly billing cycles, Makuruwan may issue payment or renewal reminders at the following stages before and after expiry:

• 30 days before expiry,
• 7 days before expiry,
• 3 days before expiry,
• 2 days before expiry,
• 1 day before expiry,
• on the day of expiry,
• 1 day after expiry,
• 2 days after expiry.

If payment remains outstanding, the affected Services may be suspended on the third day after expiry.

If the outstanding amount remains unpaid, the affected Services may be terminated on day 30 after expiry.

Suspension or termination may result in restricted access, loss of functionality, service interruption, unavailability of hosted content, withholding of renewals, disabling of modules, or deletion or release of data or service-related resources, subject to applicable law, backups, operational policy, and any written contractual commitments.

Monthly billing cycles may be governed by separate renewal and overdue payment rules communicated in pricing, checkout, invoice terms, or other commercial documents.

8. Acceptable use and conduct

You may not use the Services in any unlawful, fraudulent, abusive, harmful, infringing, deceptive, unauthorized, or commercially improper way.

Your use of the Services is also subject to our Acceptable Use Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that your employees, contractors, users, clients, downstream customers, and delegated administrators also comply with these Terms where applicable.

9. Customer data and user responsibility

You retain responsibility for content, records, messages, documents, credentials, media, client information, contact information, business information, domain instructions, chatbot logic, CRM records, and all other data or materials uploaded, entered, stored, sent, or processed through the Services (“Customer Data”).

You represent and warrant that you have all necessary rights, permissions, consents, notices, and lawful bases required to collect, use, store, process, transmit, and otherwise handle Customer Data through the Services.

You are solely responsible for:

• the legality and accuracy of Customer Data,
• the instructions you give through the Services,
• the actions taken by your users,
• your communications with your own clients or end users, and
• any consequences arising from data, workflows, or automations you create or enable.

10. Intellectual property and license

Makuruwan and its licensors retain all rights, title, and interest in and to the Services, software, platform logic, interfaces, architecture, content, branding, trademarks, logos, documentation, designs, graphics, templates, and related intellectual property, except for Customer Data owned by you or your licensors.

Subject to compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business operations and permitted customer-facing activities under your selected plan or agreement.

You may not copy, resell beyond permitted scope, reverse engineer, reproduce, modify, scrape, republish, exploit, or create derivative works from the Services except as expressly allowed in writing or required by law.

11. Feedback

If you provide suggestions, ideas, comments, recommendations, or other feedback regarding the Services, you grant Makuruwan a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, adapt, publish, commercialize, and incorporate that feedback without restriction or compensation, unless otherwise agreed in writing.

12. Service availability, support, and changes

We aim to provide reliable Services, but we do not guarantee uninterrupted, continuous, or error-free operation. Downtime, updates, maintenance windows, provider interruptions, cybersecurity events, infrastructure problems, force majeure events, or third-party failures may affect the Services.

Support levels, response times, service levels, and maintenance commitments may vary depending on plan, module, commercial agreement, operational capacity, and whether a service depends on third-party infrastructure or registries.

13. Module-specific terms

The following module-specific sections supplement the general terms above. If there is a conflict between the general terms and a module-specific section, the module-specific section will control for that module to the extent of the conflict.

14. CRM module terms

The CRM module may enable storage and management of leads, contacts, deals, notes, tasks, communication history, pipeline data, account records, custom fields, and related customer or prospect data.

You are solely responsible for:

• the legality of the data you enter into the CRM module,
• obtaining all necessary consent, notice, or legal basis for storing and using personal data,
• how you segment, message, or target contacts,
• your compliance with marketing, privacy, and customer communication laws, and
• the consequences of CRM workflows, automations, reminders, or business decisions made using CRM data.

Makuruwan does not independently verify the accuracy, lawfulness, or quality of CRM data entered by you or your users.

15. WhatsApp chatbot builder module terms

The WhatsApp chatbot builder module may enable automated messaging logic, conversational workflows, triggers, bot responses, integrations, user prompts, and related communication automation features.

You acknowledge and agree that:

• use of WhatsApp-related functionality may depend on third-party platforms, APIs, Meta policies, messaging rules, and platform availability,
• you are solely responsible for obtaining all required permissions and consents for messaging and automation,
• you must not use the module for spam, harassment, deception, unlawful messaging, or prohibited communications,
• you are responsible for the content, timing, targeting, and consequences of automated or semi-automated messages, and
• Makuruwan is not responsible for message delivery issues, channel restrictions, account limitations, policy violations, third-party suspensions, or external platform enforcement.

We may suspend or restrict chatbot builder features where we detect abuse, unusual risk, third-party policy pressure, security issues, or suspected unlawful messaging activity.

16. Domain registration module terms

The domain registration module may involve domain searches, availability checks, registration requests, renewals, transfers, DNS-related settings, registry interactions, or third-party registrar services.

You acknowledge and agree that:

• domain availability is never guaranteed until registration is completed and confirmed,
• domain services may be subject to registry rules, registrar rules, ICANN-related obligations, naming restrictions, dispute processes, and third-party provider terms,
• you are responsible for the accuracy of registrant and contact information,
• you are responsible for renewal decisions and payment before expiry,
• failure to renew may result in suspension, loss, release, or reassignment of domain names, and
• domain registration fees, renewal fees, and third-party domain costs are generally non-refundable once incurred.

Makuruwan does not guarantee successful registration, transfer, renewal, or continued availability of any domain, particularly where third-party registrar, registry, or policy actions apply.

17. Hosting module terms

The hosting module may include website hosting, server-related hosting arrangements, deployment support, storage, DNS support, technical configuration, availability support, or related hosting-linked services.

You acknowledge and agree that:

• hosting services may depend on third-party infrastructure, cloud platforms, datacentres, registrars, or vendors,
• uptime is not guaranteed unless expressly committed in a signed service-level agreement,
• you are responsible for lawful use of hosted content, applications, data, and traffic,
• we may suspend or restrict hosting where there is abuse, malware, phishing, overuse, security risk, non-payment, or legal exposure,
• backups, redundancy, disaster recovery, and restoration scope may vary depending on plan and operational arrangement, and
• third-party hosting setup charges and infrastructure-related costs may be non-refundable once incurred.

You are responsible for maintaining appropriate copies, backups, or business continuity procedures unless your contract expressly provides otherwise.

18. Suspension and termination rights

We may suspend, restrict, or terminate access to all or part of the Services immediately or on notice where:

• fees remain unpaid,
• your subscription expires,
• you breach these Terms,
• your use creates legal, security, operational, or reputational risk,
• we are required by law or provider policy to act,
• fraud or abuse is suspected, or
• continued service becomes commercially or technically impractical.

Termination does not remove your obligation to pay outstanding amounts accrued before termination.

19. Disclaimers

To the maximum extent permitted by Zimbabwean law and any other applicable law, the Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, or suitability for every business case.

We do not warrant that the Services will always be error-free, secure, uninterrupted, continuously available, or free from delays caused by third parties or external infrastructure.

20. Limitation of liability

To the fullest extent permitted by applicable law, Makuruwan Technologies (Private) Limited and its directors, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive losses or damages, including loss of profits, loss of revenue, loss of data, business interruption, reputational harm, loss of business opportunity, or cost of substitute services, arising out of or related to the Services.

To the fullest extent permitted by applicable law, our aggregate liability for claims arising out of or relating to the Services will not exceed the total amount paid by you to Makuruwan for the affected Services during the twelve (12) months immediately preceding the event giving rise to the claim.

If you have paid nothing to Makuruwan for the affected Services, our aggregate liability will not exceed USD $100 or the equivalent local value, to the extent such limitation is legally enforceable.

21. Indemnity

You agree to defend, indemnify, and hold harmless Makuruwan Technologies (Private) Limited Limited and its affiliates, directors, officers, employees, contractors, agents, licensors, and service providers from and against all claims, liabilities, damages, losses, penalties, costs, and expenses, including reasonable legal fees, arising from or related to:

• your use of the Services,
• your Customer Data,
• your breach of these Terms,
• your breach of applicable law,
• your communications with third parties or end users, or
• your infringement of another person’s rights.

22. Governing law and jurisdiction

These Terms are governed by and construed in accordance with Zimbabwean law, without regard to conflict of law principles.

Subject to any mandatory rights under applicable law, disputes arising out of or relating to these Terms or the Services will be subject to the jurisdiction of the competent courts of Zimbabwe.

You should still obtain local legal review to confirm the final dispute resolution wording most appropriate for your commercial structure and target markets.

23. Changes to these terms

We may update these Terms from time to time. When we do, we may revise the effective date and provide notice through the Services, by email, through your account, or by another reasonable method.

Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms, except to the extent applicable law requires additional consent.

24. Contact details

Legal and compliance contact: compliance@makuruwan.com

Company: Makuruwan Technologies (Private) Limited