Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Hoodlynk Innovations (K) Ltd (“Hoodlynk”, “we”, “us”) governing your access to and use of our websites, mobile applications and platforms — including Hoodlynk, Rolling Track and Branchluup (the “Services”).

By creating an account or otherwise using the Services, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

You must be at least 18 years old and legally capable of entering into a binding contract under Kenyan law. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.

• You must provide accurate, current and complete information.
• You are responsible for safeguarding your credentials and for all activity under your account.
• You must notify us immediately of any unauthorised access at info@hoodlynkinnovations.com.
• We may suspend or terminate accounts that violate these Terms or applicable law.

You agree not to:

• Use the Services for any unlawful, fraudulent, deceptive or harmful purpose.
• Reverse engineer, decompile or attempt to extract the source code of the Services, except as permitted by law.
• Probe, scan or test the vulnerability of any system or network without our prior written consent.
• Interfere with the integrity or performance of the Services or the data of others.
• Upload malware, spam, phishing content, or content that infringes intellectual property or privacy rights.
• Use automated means (scrapers, bots) to access the Services beyond what our public APIs allow.
• Resell, sublicense or expose the Services to third parties except as permitted by a separate written agreement.

You retain all rights to the data you submit to the Services (“Your Content”). You grant Hoodlynk a limited, worldwide, royalty free licence to host, copy, transmit, display, process and create derivative works of Your Content solely as necessary to provide and improve the Services, prevent abuse, and comply with law.

You represent that you have all necessary rights and consents to submit Your Content and that doing so does not violate any law or third party right.

Some Services are offered on a paid subscription. Fees, billing cycles, taxes (including VAT where applicable) and renewal terms are set out in the order form, in app pricing page or partner agreement. Unless otherwise stated:

• Fees are non refundable except where required by law.
• Subscriptions auto renew until cancelled.
• You are responsible for any applicable taxes other than taxes on our net income.
• We may change fees with at least 30 days’ prior notice; changes take effect at the next renewal.
• Late payments may incur interest at the Central Bank of Kenya base rate + 2% per annum.

Where we deploy IoT hardware (e.g. Teltonika devices) to your fleet or premises:

• Title to physical devices is governed by the separate hardware order or rental agreement.
• You are responsible for the lawful use of the devices, including disclosure to drivers, employees and other affected persons under the Kenya Data Protection Act, 2019 and the Employment Act, 2007.
• You must not tamper with, remove or relocate devices without our prior written approval, as it may void warranty and certifications.

The Services, including all software, designs, trademarks, logos and documentation, are owned by Hoodlynk or our licensors and are protected by Kenyan and international intellectual property law. We grant you a limited, non exclusive, non transferable, revocable licence to use the Services for their intended purpose during the term of your subscription.

We welcome feedback. Any suggestions you provide may be used by us without obligation, but you remain free to use that feedback yourself.

The Services may interoperate with third party services (mapping, payments, identity verification, app stores, etc.). Your use of those services is governed by their own terms; we are not responsible for their acts or omissions.

We strive for high availability but do not guarantee uninterrupted access. We may modify, suspend or discontinue any part of the Services. Where a change materially reduces functionality of a paid Service, we will give you reasonable advance notice and, where appropriate, a pro rata refund.

To the maximum extent permitted by law, the Services are provided “as is” and “as available”. We disclaim all warranties not expressly set out in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non infringement. We do not warrant that the Services will be error free or uninterrupted, that defects will be corrected, or that the Services are free of viruses or other harmful components.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill or data, arising out of or related to the Services.

Our aggregate liability arising out of or related to these Terms, regardless of the form of action, will not exceed the greater of (a) the fees you paid us for the Service in the twelve months preceding the event giving rise to the claim, or (b) USD 100.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.

You will defend, indemnify and hold harmless Hoodlynk, its officers, employees and agents from and against any third party claim arising from your breach of these Terms, your misuse of the Services, or Your Content infringing or violating any law or third party right.

You may stop using the Services at any time and close your account from within the app or by emailing us. We may suspend or terminate your access if you materially breach these Terms or if continued provision is, in our reasonable view, likely to expose us or other users to legal or security risk. Provisions intended to survive termination — including IP, disclaimers, liability limits, indemnity and governing law — survive.

These Terms are governed by the laws of the Republic of Kenya. The parties will first attempt to resolve any dispute through good faith negotiation. If unresolved within 30 days, the dispute will be referred to mediation under the Nairobi Centre for International Arbitration (NCIA) Mediation Rules. If mediation fails, the courts of Nairobi shall have exclusive jurisdiction, save that we may seek injunctive relief in any competent court to protect our intellectual property.

We may update these Terms from time to time. Material changes take effect 14 days after we post them or notify you, whichever is later. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

• Entire agreement: these Terms, the Privacy Policy and any order form constitute the complete agreement between you and us.
• Severability: if any provision is held invalid, the remainder remains in force.
• No waiver: failure to enforce a right is not a waiver of that right.
• Assignment: you may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure: neither party is liable for failure caused by events beyond reasonable control.

Hoodlynk Innovations (K) Ltd
Nairobi, Kenya
info@hoodlynkinnovations.com
+254 713 130 013