Terms of Service

Effective Date: January 1, 2025 Last Updated: January 1, 2025

Agreement to Terms

Important: By accessing or using Noria Signal, you agree to these Terms.

Key Points:

• These Terms are legally binding between you and Noria Technologies LTD
• If you do not agree to these Terms, do not use our Service
• "Service," "Platform," and "Application" refer to Noria Signal
• "You," "User," and "Customer" refer to the individual or entity using our Service

Service Description

Noria Signal is an AI-powered customer engagement platform that enables businesses to orchestrate SMS, WhatsApp, and Email outreach campaigns. Our Service includes:

• Multi-channel messaging capabilities
• AI-powered campaign creation and optimization
• Contact management and audience segmentation
• Analytics and performance reporting
• Automated workflows and replies
• Integration with messaging gateways and CRM systems

Account Registration and Eligibility

Eligibility

Requirements to Use Our Service:

• Must be at least 18 years old
• Must be capable of entering into legally binding contracts
• Must provide accurate and complete registration information

By Registering:

• You represent that you meet all eligibility requirements
• You confirm all information provided is truthful and current

Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access or security breach
• You are liable for all activities conducted under your account
• We reserve the right to suspend or terminate accounts that violate these Terms

Acceptable Use Policy

Permitted Uses

You may use the Service to:

• Send legitimate business communications to contacts who have provided consent
• Manage customer relationships and marketing campaigns
• Analyze campaign performance and engagement metrics
• Automate customer service workflows

Prohibited Uses

You must NOT use the Service to:

• Send spam, unsolicited messages, or phishing attempts
• Distribute malware, viruses, or harmful code
• Violate any applicable laws, regulations, or third-party rights
• Impersonate others or misrepresent your identity or affiliation
• Harass, abuse, threaten, or intimidate individuals
• Infringe intellectual property rights or violate privacy rights
• Engage in fraudulent, deceptive, or misleading practices
• Bypass rate limits, security measures, or usage restrictions
• Send messages to contacts without proper consent or opt-in

Compliance Requirements

You must:

• Comply with all applicable messaging regulations (e.g., TCPA, CAN-SPAM, GDPR, Kenya Data Protection Act)
• Obtain proper consent before sending marketing messages
• Honor opt-out requests promptly
• Maintain accurate contact lists and remove invalid or bounced contacts
• Include required identification and unsubscribe information in messages

Messaging Credits and Billing

Pricing and Payment

• Pricing is based on subscription plans and messaging credits
• All fees are non-refundable unless otherwise stated
• We reserve the right to modify pricing with 30 days' notice
• Payment is due according to your selected billing cycle
• Failed payments may result in service suspension

Messaging Credits

• SMS, WhatsApp, and Email sends consume messaging credits
• Credit rates vary by message type, destination, and provider
• Unused credits may expire based on your subscription plan
• Delivery failures may consume credits depending on the failure reason

Data Ownership and License

Your Data

• You retain ownership of all content, contact data, and campaign materials you upload
• You grant us a limited license to process, store, and transmit your data to provide the Service
• You are responsible for ensuring you have rights to use all uploaded content

Our Intellectual Property

• Noria Signal, our logo, branding, and technology are our exclusive property
• You may not copy, modify, reverse-engineer, or create derivative works of our Service
• Our AI models, algorithms, and platform features are protected by intellectual property rights

AI-Generated Content

What We Provide:

• AI-generated content as suggestions and recommendations
• Tools to help create campaign copy and messaging

Your Responsibilities:

• Review, edit, and approve all AI-generated content before sending
• Verify accuracy and appropriateness of all content
• Ensure compliance with applicable laws and regulations

Important Disclaimers:

• We do not guarantee the accuracy, effectiveness, or appropriateness of AI-generated content
• You assume full responsibility for all content sent through the platform
• Final approval and sending decisions rest solely with you

Service Availability and Support

Service Level

• We strive to maintain 99.9% uptime but do not guarantee uninterrupted service
• Scheduled maintenance will be communicated in advance when possible
• We are not liable for service disruptions caused by third-party providers or force majeure

Support

• Customer support is available via email and platform messaging
• Response times vary based on your subscription plan
• Critical security issues receive priority support

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR LIABILITY IS LIMITED TO THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE ARE NOT RESPONSIBLE FOR DELIVERY FAILURES CAUSED BY THIRD-PARTY PROVIDERS
• WE DO NOT GUARANTEE MESSAGE DELIVERY, DELIVERABILITY RATES, OR CAMPAIGN RESULTS

Indemnification

Your Agreement to Protect Us:

You agree to indemnify and hold harmless Noria Technologies LTD, its officers, employees, and agents from any claims, damages, losses, or expenses arising from:

Your Actions:

• Violation of these Terms
• Violation of applicable laws or third-party rights
• Content or messages you send through the Platform
• Unauthorized use of your account

What This Means:

• You will defend us against related legal claims
• You will cover associated costs and damages
• This applies to actions you take or fail to take

Termination

By You

You Have the Right to Leave:

• Terminate your account at any time
• Methods: Through account settings or by contacting support
• No questions asked

By Us

We May Suspend or Terminate Your Account If You:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay fees when due
• Cause harm to our Service, reputation, or other users

Upon Termination (By Either Party):

• Your access to the Service will cease immediately
• Unused credits will be forfeited (no refunds)
• We may retain data as required by law or for backup purposes
• You remain responsible for any outstanding fees

Changes to Terms

Our Right to Modify:

• We may update these Terms at any time
• Changes reflect product updates, legal requirements, or business needs

How We Notify You:

• Email to your registered address (at least 30 days before changes take effect)
• Platform notification when you log in
• Updated "Last Updated" date at the top of this page

Your Options:

• Continue using the Service = acceptance of new Terms
• Disagree with changes = discontinue use before effective date

Dispute Resolution

Governing Law

Applicable Laws:

• These Terms are governed by the laws of Kenya
• Without regard to conflict of law principles
• Kenyan law applies regardless of where you access the Service

Arbitration

Dispute Resolution Process:

• Disputes shall be resolved through binding arbitration in Nairobi, Kenya
• Arbitration is final and binding (except where prohibited by law)
• Each party bears their own legal costs unless otherwise determined

Exceptions:

• You may pursue claims in small claims court for qualifying matters
• Either party may seek injunctive relief in court for urgent matters

Third-Party Services

What We Integrate:

• SMS gateway providers for text messaging
• WhatsApp Business API for WhatsApp messaging
• Email service providers for email campaigns
• Payment processors for billing transactions

Important Information:

• Each third-party service has its own terms and policies
• You must comply with their terms in addition to ours
• We are not responsible for third-party service disruptions
• We are not liable for third-party policy changes or pricing adjustments

Your Responsibility:

• Review third-party terms before using integrated services
• Maintain compliance with all applicable third-party requirements

Privacy

Data Protection:

• Your use of the Service is subject to our Privacy Policy
• The Privacy Policy is incorporated by reference into these Terms
• Privacy Policy violations may result in account termination

Where to Find It:

• Read our full Privacy Policy at /privacy
• Contact [email protected] with privacy questions

General Provisions

Entire Agreement

Complete Understanding:

• These Terms constitute the entire agreement between you and Noria Technologies LTD
• Supersedes all prior agreements or understandings
• No verbal agreements modify these Terms

Severability

If Parts Are Invalid:

• If any provision is found invalid or unenforceable, the remaining provisions remain in effect
• Invalid provisions will be modified to the minimum extent necessary

Waiver

Our Rights:

• Failure to enforce any provision does not constitute a waiver of our rights
• We may enforce any provision at any time
• Waivers must be in writing to be valid

Assignment

Transfer of Rights:

• You may not assign these Terms without our written consent
• We may assign our rights and obligations to any successor entity
• Assignment may occur in connection with a merger, acquisition, or sale

Force Majeure

Events Beyond Our Control:

• We are not liable for delays or failures caused by circumstances beyond our reasonable control
• This includes natural disasters, wars, terrorism, riots, government actions, internet failures, etc.
• We will make reasonable efforts to resume normal operations as quickly as possible

Contact Information

Questions About These Terms? We're here to help.

Company Information:

• Name: Noria Technologies LTD
• Address: ViewPark Towers, 20th Floor, Suite 6, Nairobi, Kenya
• Email: [email protected]
• Website: https://noria.co.ke

What to Contact Us About:

• Questions or clarifications about these Terms
• Permission requests (e.g., assignment of agreement)
• Legal notices or formal communications
• Dispute resolution inquiries

Acknowledgment

By Using Noria Signal, You Acknowledge:

• You have read and understood these Terms of Service
• You agree to be bound by these Terms
• You have the authority to enter into this agreement
• You will comply with all Terms and applicable laws