Terms of Use and Service Agreement
These terms explain how the Statum website may be used. A signed project agreement governs specific services.
Effective date: April 6, 2025
Welcome to the Statum website (statum.co.ke), your use of the site is subject to these Terms of Use and our Privacy Policy.
1. Acceptance of Terms
Use of this site and our services means that you agree to follow these terms. If you do not agree, please do not use the website.
2. Definitions
For the purposes of this Agreement, the following definitions apply:
- "Statum / We / Us" refers to Statum Company Ltd, a software engineering firm registered in the Republic of Kenya.
- "User / Client" refers to an individual or organisation using the website or engaging Statum for services.
- "Project agreement" refers to a signed proposal, statement of work, service agreement, or other document that describes specific work.
- "Deliverables" means the code, documentation, designs, prototypes, or other materials identified in a project agreement.
3. Website use
Users are granted a non-exclusive, non-transferable right to access the Statum platform for informational and to learn about Statum's services. You must not:
- Use the website unlawfully or in a way that harms others.
- Attempt to gain unauthorised access, interfere with the site, or test its security without written permission.
- Copy, scrape, reverse engineer, or redistribute protected content except as permitted by law.
- Submit malicious code, misleading information, or credentials that do not belong to you.
4. Intellectual property
Statum retains ownership of its pre-existing materials, general know-how, tools, and website content unless a project agreement says otherwise. Ownership and permitted use of custom deliverables are governed by the relevant project agreement.
You must not reproduce or redistribute Statum's protected materials without permission. This does not limit rights granted in a signed project agreement or by applicable law.
5. Warranty Disclaimer
Platform content is provided "as is" without technical warranties, expressed or implied.
6. Liability
Statum is not liable for indirect or consequential loss resulting from use of, or inability to use, the website, except where liability cannot be limited by law. Any project-specific limitations are set out in the project agreement.
7. Payments
Authorized Payment Channels Only. Use only payment details confirmed by Statum in writing. If you are unsure whether payment instructions are genuine, contact us before sending funds.
8. Service levels
While our public platform is provided for informational purposes, our enterprise services are governed by project-specific terms. Any service levels, availability targets, response times, or support commitments apply only where they are included in the relevant project agreement.
9. Custom Development & IP Ownership
Custom work is accepted against the deliverables and acceptance criteria in the project agreement.
Ownership, licences, reuse of pre-existing materials, and access to source code or design files are governed by that agreement.
Any external audit, penetration test, or security review should be agreed in advance so scope, access, data handling, and operational impact are clear.
10. Post-Launch Support & Maintenance
Support, maintenance, warranties, fixes, and update responsibilities are governed by the relevant project agreement. Work outside that scope requires a separate agreement.
11. Liability and Indemnification
Users agree to indemnify, defend, and hold harmless Statum Company Ltd, its directors, and engineers from any claims, damages, or legal expenses arising from your misuse of our services or breaches of these terms. In no event shall our total liability for any claim related to our digital assets exceed the amount paid by you to Statum in the preceding 90 days.
12. Events outside our control
Statum shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control. This includes, but is not limited to: internet outages, subsea cable disruptions, utility failures, carrier API downtime (M-Pesa/SMS/Airtime), government actions, or hardware failures on third-party cloud hosting providers.
13. Termination of Service Agreements
Either party may terminate a service agreement upon 30 days written notice if the other party materially breaches its obligations. Upon termination, the client remains responsible for payment for all engineering hours completed and milestones reached up to the date of termination.
Failure to pay for services within the defined credit period will result in immediate suspension of API access and technical support until the account is reconciled.
14. Jurisdictional Framework & Arbitration
These terms are governed by the laws of the Republic of Kenya. Any dispute arising out of or in connection with these terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Nairobi in accordance with the Arbitration Act, 1995.
The seat of arbitration shall be Nairobi, and the language of the proceedings shall be English. The parties agree to attempt an amicable resolution through mediation before proceeding to formal arbitration.