1. Dial Afrika will avail the services and software pursuant to these terms and conditions, laws and government regulations applicable to its business during each subscription term. During the subscription term Dial Afrika grants the customer, its agents and users the non-exclusive, non-transferable right to access and use the service solely for their internal business purpose upto the limit of the number of users included in the subscribed-to service plan or order confirmation form (whichever is applicable) and which may not be altered or modified in any way and no other use of the service shall be permitted without prior authorization from Dial Afrika. For avoidance of doubt the customer, its agents and users will not acquire any ownership or intellectual property rights in the availed services and software.

2. You agree not to (a) post, transmit, upload, send or store any content that is unlawful, racist,hateful,abusive,libelous,discriminatory or obscene (b) post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (c) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the availed service and software available to any third party other than Users and End Users, and even then only in furtherance of its internal business purposes as expressly permitted by this terms and conditions (d) modify, adapt, hack, or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (e) use the Service in any illegal manner, (f) send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) store or transmit files, materials, data, text, audio, video, images or other content that infringes on any third party’s intellectual property rights; (f) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (g) decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service availed; ( (h) circumvent or disable any security or other technological features or measures of any portion of the Service, (i) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service,(j) try to use, or use the Service in violation of these Terms,(k) falsely misrepresent any association or sponsorship with Dial Afrika.

3. You and your agents are responsible for all information, data, text, messages or other materials that you post via the service or software and for maintaining the confidentiality of your login and account, and are fully responsible for any and all activities that occur under your login or account. Equally subject to the subscribed-to plan and its features, access to the service is limited to the specified number of users permitted under the plan who will be identifiable by unique login details that are to be used by one particular individual unless the plan does provide for otherwise.

4. The Customer acknowledges that, due to concerns over sim boxing fraud, it does not allow international voice termination through its service. Therefore, any VoIP calls originating from international numbers are not supported by Dial Afrika. However, Dial Afrika partners with third-party providers who issue local IPs that are compliant with local telecommunications regulations, allowing customers to make local VoIP calls. The customer understands and agrees that Dial Afrika shall not be liable for any loss or damage resulting from any failure to support VoIP calls from international numbers.

5. You and your agents are responsible for compliance with all applicable data protection and privacy protection requirements that occur under your assigned account and agree that Dial Afrika or its subcontractors may process such data solely as a data processor and not as a data owner and for this purpose may transfer such data to countries outside of the country of origin. The reasons for transfer of such data outside the country of origin would be but not limited to for the following technical reasons:

1. If you are upto date with your payment of applicable service fees and otherwise materially compliant with these terms and conditions Dial Afrika shall provide you with standard support and maintenance services

2. All support and maintenance technical requests by you should have all information that includes but not limited to the client’s name, subdomain, the severity of the problem and its description and a technical contact who is conversant with the customer’s platform use or the problem to be solved. The customer shall ensure that the technical contacts are at hand to provide Dial Afrika with the requested information and data to assist with the resolution of any issue raised.

1. All the rights, title and interest to the customer data is exclusively owned by the customer and is deemed confidential information under this terms and conditions and both parties subject to the express provisions of these terms shall endeavour to protect each other’s data and or confidential information from unauthorized use and access with due reasonable care.

2. Dial Afrika, its employees, representatives and agents shall not access customer data except (i) In the course of their business operations and in exercise of their rights and obligations under these terms including but not limited to service and software management and reviewing user experience, responding to service or technical issues and at the client’s request. Such use shall ensure confidentiality of such information is maintained and no misuse occurs. Dial Afrika may also disclose your information data and that of your account, agents or end users (i) if required by law or to respond to lawful requests, (ii) if it determines that a disclosure is essential to prevent any harm from befalling Dial Afrika or any of its third-party partners (iii) In order to act on a good faith belief that such disclosure is necessary to avoid a violation of any relevant applicable law or regulation. If Dial Afrika is required by law to disclose any of such data and or information it will make reasonable efforts to provide you with written notice of that requirement prior to the disclosure (iv) In pursuant to the terms of the our Privacy Policy, which is incorporated by reference into these Terms.Further,if you register for the service through a referral or a promotional partner with whom Dial Afrika has a business relationship with it may disclose information as regards your account data to that partner within the scope of the business relationship bit for avoidance of doubt Dial Afrika will not contact your customers directly or make personally identifying contact data of your customers available to any third party without your consent.

3. Your consent to disclosure shall be deemed as given in the event that you access your data though a third-party application solely in respect to disclosure in connection with your use of such application. Such third-party applications include but are not limited to mobile or desktop applications that allow customers to view or manage their account information, Integration platforms that connect the customer service software with other software tools or services used by the customer this could include SMS integration, Voice integration with Safaricom e.t.c , APIs or other data access tools that allow third-party developers to build custom integrations or applications that use the customer's data such as Rest APIs, Webhooks, Software Development Kits, OAuth e.t.c In general, any third-party application that a customer may use to access or manage their data would fall under the scope of this clause, provided that the disclosure of data is solely related to the customer's use of that application.

4. Customer Data shall be stored by Dial Afrika and or by its third party providers and will be subject to its confidentiality obligations set forth herein,However,Dial Afrika will not be responsible for any unauthorized access to, theft, alteration or destruction of the Customer’s data through fraudulent means or accident or any other method unless such access,theft,alteration or destruction is directly linked to Dial Afrika’s negligence or wilful misconduct, in which case Dial Afrika will take all commercially reasonable efforts to restore and recover the Data but which shall be limited to the most recent backup of the Customer’s data.

5. Dial Afrika shall not be responsible for loss of Customer data arising from failure to act on any provided communication by Dial Afrika or transmission that is not in accordance with the provided user guide.

6. Unless agreed otherwise, ninety (90) days after the account for one of the subscribed offerings is cancelled or terminated and Six (6) months after the end of your free trial, an automated process to delete or anonymize your data for the cancelled or terminated data will begin on account of cancellation or termination of service provision.

7. Subject to the limitations provided for in these terms you grant Dial Afrika the right to use your data for the purpose of creating anonymized aggregated data and that, that data created will be owned by Dial Afrika so long as it’s anonymized in a way that cannot be recognizable as being attributed to the customer and that Dial Afrika has the right to use such derivative data for any other purpose including for the software platform or third-party products. Such anonymized aggregated data will be used solely for insights, information analysis, product and service offerings improvements and will not be sold for commercial gain by Dial Afrika. Such anonymization being removal or encrypting of any such information that can be used to identify an individual or entity from a dataset with the goal of ensuring that the data cannot be linked to a specific individual or entity, while still providing useful insights and information for analysis and product improvements.

8. To the limitation of any Customer data containing third party information, files or data it is the customer’s responsibility to notify or obtain any applicable third-party consent.

9. The customer agrees and understands that their personal data may be processed in connection with the use of our services and software provided through equipments located in locations all over the world.

1. If the Customer opts to register for a free trial, Dial Afrika will avail limited services to the customer on a free trial basis for free until the earlier of (i) the end of the trial period you registered to use the availed free limited service (ii) start date of the paid use of services as ordered by the customer (iii) termination by Dial Afrika in its discretion as provided for in these terms. Any additional trial terms and conditions may appear on the free trial registration web page and are incorporated into this agreement by reference and are legally binding.

2. During your free trial period, Dial Afrika may make additional free offerings available for your use and the use of the additional free offerings is subject to the terms and conditions of this Agreement. The additional free offerings provided to you are provided for free upto a defined limit as provided on the sign up and any usage above these limits will require purchase of additional services or resources.

3. The Customer agrees that Dial Afrika in its sole discretion may terminate the additional offerings and for any or no reason terminate the access to the additional free offerings or any part thereof which may be without notice and no such liability claim against them from you or any third party will be applicable for such termination

4. NO WARRANTY-ANY DATA ENTERED BY YOU INTO THE FREE TRIAL MAY PERMANENETLY BE LOST AS THE FREE TRIAL IS PROVIDED ON "AN IS BASIS" WITHOUT WARRANTY AND DIAL AFRIKA SHALL HAVE NO OBLIGATIONS TOWARDS INDEMNIFYING THE CUSTOMER.WITHOUT LIMITING THE FOREGOING, DIAL AFRIKA,ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE FREE TRIAL AND ADDITIONAL OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE FREE TRIAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND THE CUSTOMER SHALL BE FULLY LIABLE UNDER THIS TERMS AND CONDITIONS TO DIAL AFRIKA AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE FREE TRIAL AND ANY BREACH BY YOU OF THIS AGREEMENT

1. The fees payable by the customer are based on the subscription fee set on the website or if applicable in a separately executed and accepted purchase order. The payment terms of the chosen subscription service are set forth in the website in your account details.

2. By subscribing to the availed service, the customer agrees to pay the fees for the subscribed service made by at the beginning of each subscription term or upon renewal of such subscription. The Customer may increase usage during the subscription term by notice of intent to increase agents usage during the subscription term to Dial Afrika. Any decrease in usage for already paid for subscription during the subscription term will not be reimbursable by the service provider. Usage in this instance being the number of users.

3. Failure to pay the subscription fees and other related charges as they fall due upon commencement of the subscription term within seven (7) business days of notice from Dial Afrika to make a due payment, in addition to other available legal remedies available to Dial Afrika, Dial Afrika may suspend or terminate access to and use of the services by the customer and its agents

4. Payment obligations towards the access and use of the service are non-cancellable and fees paid are non-refundable in the event parties are performing their obligations as per the agreement. However, Dial Afrika will refund any prepaid fees covering the remainder of the Subscription Term as of the effective date of termination if this Agreement is terminated by the customer in accordance with this Section for Dial Afrika’s uncured material breach. The Customer will pay any unpaid fees covering the remainder of the Subscription Term pursuant to all applicable Service Order if We terminate this Agreement for the customer’s uncured material breach in accordance with this Section. In no event will Our termination for cause relieve You of Your obligation to pay any fees payable to Us for the period prior to termination.

5. The customer agrees that unless they notify Dial Afrika of their intention to cancel any of the services already subscribed for, the subscribed for services will be billed on a recurring basis.

6. The customer agrees that Dial Afrika may charge their payment card option or bill you for amounts due for your use of services and that Dial Afrika may take necessary steps to update payment card information where permissible to ensure payment is processed. You further agree that Dial Afrika may provide your credit card information and any other related personal data to third parties for the sole purpose of processing payments and preventing fraud. Dial Afrika reserves the right to suspend or terminate your services without liability if it's determined at any time that the payment information is not accurate and current and that the customer will be responsible for fees and any applicable overdraft charges Dial Afrika may incur when charging your payment card.

7. Dial Afrika may charge interest of one and a half percent (1.5%) per month for the overdue period or the maximum amount permitted by the law if the undisputed fees are not paid when due.

8. Dial Afrika reserves the right to charge for the service or any portion thereof, modify the pricing of, add or discontinue the service or any portion of it without prior notice. Dial Afrika will notify you of any price changes by publishing a notice on the website, email communication or invoicing you.

9. Unless otherwise stated, the customer agrees to pay any applicable taxes, levies or similar governmental assessments, except those that are assessable against Dial Afrika on its income

10. You agree to promptly reimburse Dial Afrika for any costs incurred in connection with claiming past due amounts including legal fees.

11. Dial Afrika will not exercise its rights to enforce late payments with respect to non-payment of the customer if the customer is disputing the applicable charges reasonably and in good faith and is diligently cooperating to resolve the dispute. If the parties are unable to resolve such dispute within thirty (30) days, each party will have a right to seek any legal remedies available under this agreement, at law and in equity. This does not waive Dial Afrika's right to receive in full the undisputed amount

12. The customer may procure use of any services from authorized third-party resellers of Dial Afrika pursuant to a separate agreement with the resellers. Customer's use of any services or software procured through our authorized resellers will be subject to the terms of this agreement.

1. Dial Afrika will indemnify the customer and hold it harmless against all claims, cause of action or damages arising from a third party claim against the customer's use of the availed licensed service strictly in accordance with this Agreement on a claim that such use violates such third party's intellectual property rights. In return the Customer shall indemnify Dial Afrika and hold it harmless against all claims, cause of action or damages arising from a third party claim against the use of the licensed service.

2. Each party shall indemnify the other against all damages, fees, fines, judgments, costs and expenses incurred as a result of a Claim alleging bodily injury or death which arises from the provision of the Service, provided that such liabilities are the proximate result of intentional tortious misconduct on the part of the indemnifying party.

3. You agree to defend, indemnify, and hold Dial Afrika harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from your breach of these Terms, or your or your end users' access to, use, misuse or illegal use of the Service. We will provide you notice of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist our defense of such matter.

1. Either You or Dial Afrika may terminate the account and service subscription at the end of your subscription term upon notice of 30 days preceding the end of such a subscription term. Unless the subscription to the service is so terminated the subscription to the service will renew for a subscription term equivalent in length to the then expiring subscription term. Unless otherwise provided, the subscription charges applicable to your service shall be the standard subscription charges for the plan you subscribed as at commencement of your subscription term.

2. Either You or Dial Afrika may terminate the account and service subscription at the end of your subscription term upon notice of 30 days preceding the end of such a subscription term. Unless the subscription to the service is so terminated the subscription to the service will renew for a subscription term equivalent in length to the then expiring subscription term. Unless otherwise provided, the subscription charges applicable to your service shall be the standard subscription charges for the plan you subscribed as at commencement of your subscription term.

3. If Dial Afrika discovers that your data is inaccurate or incomplete or it determines in its sole discretion that you are not an appropriate subscriber or user of the service, Dial Afrika may terminate your right to use and access the service after issuing written notice to remedy the defect and upon failure by the customer to remedy such defect within 30days, terminate your right to use and access the service. In general, incomplete information refers to any missing or inaccurate information that could impact the customer's ability to use the service effectively or that could cause issues with billing, support, or other aspects of account management such as missing contact information, incomplete account information such as name, address, missing data fields such as if a customer fails to complete all required data fields when filling out a form or providing information, it may cause errors or inaccuracies in the data, making it difficult for Dial Afrika to provide effective support or for the customer to use the service as intended, Incomplete support requests: If a customer submits a support request that is incomplete or lacks the necessary information, it may be difficult or impossible for Dial Afrika to provide an effective response, resulting in delays or other issues with support which list is not exhaustive but In general, incomplete information refers to any missing or inaccurate information that could impact the customer's ability to use the service effectively or that could cause issues with billing, support, or other aspects of account management.

4. If you terminate or cancel your subscription to the service prior to the end of your subscription term or Dial Afrika effects such termination or cancellation pursuant to your breach of terms, you will be immediately required to pay any then unpaid subscription charges for the remainder of your subscription term in addition to any other amounts you owe Dial Afrika. However, this amount will not be payable by you in the event your termination or cancellation of subscription is caused by a material breach of these terms by Dial Afrika, provided that such notice of breach was provided to Dial Afrika and Dial Afrika accorded not less than thirty (30) days to reasonably cure such breach.

5. Following the termination or cancellation of your subscription to the service, Unless agreed otherwise, ninety (90) days following cancellation or termination of the subscription or six (6) months after the end of the free trial Dial Afrika reserves the right to delete all your data in the normal course of operation and you acknowledge and agree that your data cannot be recovered once your account is cancelled. Dial Afrika undertakes to take all reasonable steps to back up the data on the customer’s servers in a readable and interpretable format and train the customer’s users on how to read and access the data.

6. Dial Afrika reserves the right to modify, suspend or discontinue any of the right to access and use of the service, your account or your agents or end users right to access the service if we believe that you, your agents or end users have violated these terms. Unless legally prohibited from doing so, Dial Afrika will use commercially reasonable efforts to contact you directly via email in not less than seven (7) days after the lapse of the aforementioned 7 (seven) day notice to cure breach to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive or illegal activity may be grounds for immediate termination of your use and access to the service and may be referred to law enforcement authorities. You agree that we are not liable to you or any third party for any modification, suspension or discontinuation of the service.

Dial Afrika reserves the right to modify, suspend or discontinue any of the right to access and use of the service, your account or your agents or end users right to access the service if we believe that you, your agents or end users have violated these terms. Unless legally prohibited from doing so, Dial Afrika will use commercially reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive or illegal activity may be grounds for immediate termination of your use and access to the service and may be referred to law enforcement authorities. You agree that we are not liable to you or any third party for any modification, suspension or discontinuation of the service.