Terms & Conditions

1. Acceptance of Terms

By accessing or using Datrail Analytics’ website, software, services, or any other offerings, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use our services. These Terms constitute a legally binding agreement between you and Datrail Analytics. We reserve the right to update or modify these terms at any time, and your continued use of our services constitutes acceptance of the revised terms.

2. Confidentiality

Datrail Analytics values client trust and treats all data and information received with the utmost confidentiality. This includes proprietary business data, internal reports, and project deliverables. We will not disclose confidential information to any third party without your explicit written consent, except as required by law. All employees, subcontractors, or partners engaged by Datrail Analytics are bound by confidentiality obligations to ensure information security.

3. Service Scope

Services are provided strictly according to the scope defined in the project proposal, statement of work, or contract. This scope includes the objectives, deliverables, timelines, milestones, and resource requirements. Any modifications, expansions, or reductions to the scope must be agreed upon in writing by both parties. Failure to provide clear and timely feedback or resources may impact project timelines, for which Datrail Analytics cannot be held responsible.

4. Client Responsibilities

• Provide accurate, complete, and timely information required for analytics, research, or consulting activities.
• Ensure compliance with all applicable laws, regulations, and industry standards relevant to the engagement.
• Grant necessary access to data, systems, or personnel to allow Datrail Analytics to perform its work efficiently.
• Review deliverables promptly and provide constructive feedback to enable on-time project completion.
• Maintain internal approvals, authorizations, and communication channels required for the project.

5. Liability

Datrail Analytics shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use our services. This includes, but is not limited to, business interruptions, lost revenue, or lost data. Liability for direct damages is limited to the fees actually paid by the client for the specific service that caused the claim. Clients are encouraged to maintain appropriate insurance or risk mitigation measures.

6. Intellectual Property

All methodologies, models, tools, reports, deliverables, and related documentation developed or provided by Datrail Analytics remain the intellectual property of Datrail Analytics unless expressly assigned to the client in a signed agreement. Clients are granted a limited, non-exclusive, non-transferable license to use deliverables solely for the purposes outlined in the contract. Unauthorized distribution, reproduction, or modification of intellectual property is prohibited.

7. Governing Law

These Terms and Conditions, as well as all disputes, claims, or issues arising from or related to the use of Datrail Analytics services, are governed by the laws of Kenya. Any dispute shall be subject to the exclusive jurisdiction of Kenyan courts, and parties agree to submit to such jurisdiction for resolution. Parties may also engage in mediation or arbitration prior to litigation, at the mutual discretion of the parties.

8. Payment Terms

Fees for services are specified in the proposal or contract. All invoices are payable according to the agreed schedule. Late payments may incur interest or suspension of services. Clients are responsible for any taxes, duties, or charges applicable to the services provided.

9. Termination

Either party may terminate the agreement with written notice if the other party materially breaches any term of the agreement and fails to remedy the breach within a specified period. Upon termination, all fees due up to the termination date must be paid, and all confidential materials and intellectual property must be returned or destroyed as appropriate.

10. Data Protection and Privacy

Datrail Analytics complies with applicable data protection laws. Personal and business data collected during engagements are processed lawfully, fairly, and transparently. Data is used only for the purpose of delivering services and providing insights. Clients have the right to access, correct, or request deletion of personal information in accordance with our Privacy Policy.

11. Limitation of Use

Clients agree not to use Datrail Analytics services for unlawful, unethical, or unauthorized purposes, including but not limited to violating privacy laws, intellectual property rights, or regulatory requirements. Misuse of services may result in immediate suspension or termination without liability on the part of Datrail Analytics.

12. Force Majeure

Datrail Analytics shall not be liable for any failure or delay in delivering services caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, or technical failures. In such cases, timelines may be extended, and parties will cooperate to minimize disruption.

13. Warranties and Disclaimers

Datrail Analytics provides services on a “best-efforts” basis. While we strive for accuracy and reliability, we do not guarantee specific outcomes, financial results, or decisions based on the use of our insights and recommendations. Clients are responsible for applying our deliverables appropriately within their business or operational context.

14. Entire Agreement

These Terms and Conditions, along with any proposal, contract, or service agreement, constitute the entire agreement between the client and Datrail Analytics. No other representations, warranties, or promises, whether written or oral, are considered binding unless included in a signed agreement.

15. Amendments

Datrail Analytics reserves the right to amend these Terms and Conditions at any time. Clients will be notified of material changes, and continued use of services following notification constitutes acceptance of the updated terms.