Terms of Service
The terms governing every product, solution and service Novascape Technologies provides.
Last updated 7 August 2026
This document is a working draft prepared in-house. It has not yet been reviewed by a qualified Kenyan advocate. Before relying on it commercially, have a lawyer review the liability, guarantee and intellectual-property clauses in particular.
Contents
1. What these terms cover
2. Accounts and access
3. Subscription products
4. API access (ZyncAPI)
5. Automation subscriptions
6. Project engagements
7. Guarantees
8. Demonstration environments
9. Fees and payment
10. Your responsibilities and acceptable use
11. Tax and regulatory compliance
12. Intellectual property and your data
13. Availability and support
14. Liability
15. Ending the agreement
16. Governing law
17. Changes and contact
1. What these terms cover
These terms govern your use of https://novascape.co.ke and everything Novascape Technologies provides across three engagement models. Where you have signed a separate order form, service agreement or statement of work with us, that document takes precedence over these terms to the extent they conflict.
Products
Software we license to you on a subscription: PharmaSync, ZyncAPI. Billed monthly or annually per plan, with a free trial where the product page states one.
Solutions
Productized automation delivered on a recurring monthly fee: AI Employee, WhatsApp Automation, Executive Dashboard, AI Internal Automation. Priced by tier, with an agreed scope of automations.
Services
Custom engagements scoped and quoted per project: eTIMS Integration, Payment Integration, API Integration, Custom Software, Automations, Web Design. Delivered against milestones in your proposal.
Different clauses below apply to different models. Where a clause names a model, it applies only to that one.
2. Accounts and access
Some parts of this site require an account. You are responsible for the accuracy of your registration details, for keeping your credentials secure, and for everything done under your account. Tell us promptly at hello@novascape.co.ke if you believe an account has been compromised.
Client accounts are scoped to one organisation. If you invite colleagues, you are responsible for their use of the service and for removing access when they leave.
3. Subscription products
This clause applies to PharmaSync, ZyncAPI. We grant you a non-exclusive, non-transferable right to use the product for your own business for as long as your subscription is paid up.
- Free trials run for the period stated on the product page and require no card. At the end of a trial the account pauses unless you choose a paid plan — we do not auto-charge you.
- Plans are billed in advance. Upgrades take effect immediately and are pro-rated; downgrades take effect at the next renewal.
- You can cancel at any time, effective at the end of the current billing period. We do not pro-rate refunds for partial periods except where a stated guarantee applies.
- We may change plan pricing with at least 30 days' notice before it affects you. If you don't accept the change, you may cancel before it takes effect.
- Fair use: plans sized by volume (invoices, branches, API calls) are subject to the limits published on the pricing page. We will contact you before enforcing a limit, not cut you off.
4. API access (ZyncAPI)
This clause applies to ZyncAPI and to any API credentials we issue as part of another engagement.
- API keys are confidential and identify you. You are responsible for calls made with your key, including by your own customers or systems.
- Do not share, resell or sublicense raw API access without a written agreement with us.
- Rate limits apply per plan. We may throttle or suspend a key that threatens service stability, and will tell you why.
- We version the API. When we deprecate an endpoint we will give reasonable notice and, wherever practical, keep the prior version running through the notice period.
- Upstream providers — including KRA, Safaricom and NHIF/SHA — control their own availability and specifications. We absorb spec changes behind our interface where we can, but we cannot guarantee an upstream system's uptime.
- Sandbox environments are for testing only and may be reset without notice.
5. Automation subscriptions
This clause applies to AI Employee, WhatsApp Automation, Executive Dashboard, AI Internal Automation. Your monthly fee covers the automations, integrations and support described in your tier and agreed at onboarding.
- Onboarding requires your input — access to the systems being connected, the content we need, and one person who can approve decisions. Timelines assume these are available.
- Where a tier describes 'unlimited' automations, that means unlimited in number within the scope we agreed, not unlimited scope. New categories of work are quoted separately.
- Third-party costs you incur directly — WhatsApp Business API messaging fees, model usage, hosting for your own systems — are yours unless your order form says otherwise.
- Either side may end a monthly subscription with 30 days' notice.
6. Project engagements
This clause applies to eTIMS Integration, Payment Integration, API Integration, Custom Software, Automations, Web Design, and to any work quoted as a project rather than a subscription.
- Scope is fixed in a written proposal with acceptance criteria per milestone. Work outside that scope is quoted as a variation and agreed before it starts.
- Payment follows the milestone structure in your proposal — typically a deposit, a payment at working demo, and a payment at go-live.
- A milestone is accepted when it meets its written acceptance criteria, or after 10 business days if you have not raised specific issues against those criteria.
- Timelines assume timely feedback, access and approvals from you. Delays on your side move delivery dates accordingly.
- Post-launch support is included for the period stated on the relevant service page. After that, support is by retainer or on a time-and-materials basis.
7. Guarantees
Each product, solution and service page states a specific guarantee. Those guarantees are part of these terms and we will honour them as written on the relevant page at the time you bought.
Guarantees are conditional on you providing what the work needs — access, information, content and approvals — within a reasonable time. Where a guarantee is time-based, the clock starts when we have everything we have asked for, and we will confirm that date to you in writing so there is no ambiguity about when it started.
A guarantee is satisfied by the remedy it names: a free period, a refund, or continued work at no charge until delivery. It does not create liability beyond that remedy.
8. Demonstration environments
We publish demo environments — including GlowSuite and any sandbox we give you during an evaluation — so you can try a product before committing.
- Demo logins are shared. Anything you enter may be visible to other people evaluating the same demo.
- Do not enter real customer data, real patient or prescription data, real KRA credentials, or any other confidential information into a demo.
- Demo data is illustrative, may be reset or deleted at any time, and is not backed up.
- Demos are provided as-is and without any guarantee, including the guarantees in clause 6.
9. Fees and payment
All prices are in Kenyan shillings and, unless stated otherwise, exclude VAT and any other tax that applies. We accept M-PESA, Pesalink, bank transfer and card.
- Invoices are payable by the due date shown on the invoice.
- We may suspend a service on a materially overdue account after giving you written notice and a reasonable chance to settle. We will not delete your data during a suspension.
- Transaction charges levied by your bank or mobile money provider are yours.
- If you need a purchase order number or a specific invoice format for your accounts payable process, tell us before the first invoice.
10. Your responsibilities and acceptable use
You are responsible for the accuracy of data you put into our systems, and for having the right to give us any third-party data you ask us to process.
You must not use our products or services to:
- Break any law, including tax, data protection, consumer protection or anti-money-laundering law.
- Send unsolicited bulk messages, or use WhatsApp or SMS automation in breach of the platform's own policies.
- Store or transmit malware, or attempt to gain unauthorised access to our systems or another customer's data.
- Reverse-engineer, copy or resell our software except where a signed agreement permits it.
- Misrepresent tax or compliance status to KRA or any other authority.
11. Tax and regulatory compliance
Several of our products and services help you meet obligations such as KRA eTIMS fiscalisation. This is important and we want it stated plainly: we supply software and integration work — we do not become the taxpayer.
- You remain responsible for your own registrations, filings, record-keeping and the accuracy of what you submit.
- We are not your tax adviser, accountant or lawyer, and nothing we provide is tax or legal advice.
- Where we hold an approval or certification as an integrator, that covers our integration — it does not transfer compliance status to your business.
- Regulatory specifications change. We maintain our integrations against current published specifications, and will tell you when a change requires action from you.
12. Intellectual property and your data
We keep ownership of our products, platforms, tooling and anything we developed before or outside your engagement, including improvements we make to them.
- For custom builds, ownership of the bespoke deliverable transfers to you on final payment, as set out in your engagement agreement. Where that deliverable includes our pre-existing tooling, you get a perpetual licence to use it as part of the deliverable.
- Your data stays yours. We use it to provide and support the service, and for nothing else without your instruction.
- We may describe the work at a general level in our own marketing, but we will not name you or publish your logo, figures or screenshots without your written approval.
13. Availability and support
We work to keep services available and will give advance notice of planned maintenance where we reasonably can. Except where your signed agreement states a service level, services are provided without a guaranteed uptime commitment.
Support channels and response times are those described in your plan or order form. Support covers our software and the work we delivered; it does not extend to third-party systems we do not control.
14. Liability
Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.
Subject to that, our total liability in connection with a product or service is limited to the fees you paid us for that product or service in the twelve months before the event giving rise to the claim. We are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of data to the extent it could have been avoided by your own reasonable backup practices.
We are not liable for failures caused by systems we do not control, including KRA, Safaricom, NHIF/SHA, your internet connection, or software you run alongside ours.
15. Ending the agreement
Subscriptions can be cancelled effective at the end of the current billing period. Project engagements end as set out in the relevant proposal. Either of us may end an agreement immediately if the other commits a material breach and does not fix it within 30 days of written notice.
On termination we will make your data available for export in a common format for at least 30 days, after which we may delete it. Records we are legally required to retain, such as invoices and tax records, are kept for the statutory period.
16. Governing law
These terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction over any dispute. Before starting formal proceedings, both sides agree to try to resolve the matter in good faith by raising it in writing to the other.
17. Changes and contact
We may update these terms. For material changes affecting a paid service we will give at least 30 days' notice, and the current version will always be posted on this page with its revision date.
Questions about these terms go to hello@novascape.co.ke, or write to us at Nairobi, Kenya.