Terms and conditions

These Terms of Service (the "Terms") form a legally binding agreement between Purple Cloud Ltd, which manages and operates Purple Router Kenya ("Purple Cloud", "we", "us" or "our"), and the business that registers for, accesses or uses Purple Router ("you" or "your"). By creating an account, accepting these Terms, linking a router or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

Each clause opens with a short summary marked “In short” to help you read it. Summaries are for convenience only. The full text of each clause is what applies.

1. Definitions

In these Terms:

• "Service" means Purple Router, including the dashboard, RADIUS, payment, messaging, router management and finance features, the websites, apps, scripts, APIs, documentation and support we provide.
• "Account" means your Purple Router account.
• "Account Owner" means the business that holds the Account and its nominated administrator contact person.
• "Router Licence" means the right to use the Service for one router, charged per router per billing period.
• "Fees" means the amounts you pay us for the Service, including Router Licence fees, quoted Enterprise fees and SMS credit.
• "Subscribers" means your own customers, to whom you provide internet service.
• "Your Data" means all data that you, your personnel or your Subscribers submit to or generate in the Service.
• "Third-Party Services" means services we do not own or control, including M-Pesa, Safaricom Daraja, banks, SMS providers, router manufacturers, hosting providers and app stores.
• "Live" features are those shown as available on our website at the relevant time. "Coming soon" features are those shown as planned, in development, preview or beta.

2. Our relationship is with ISPs only

In short: you are our only customer. Your Subscribers deal with you.

• 2.1 The Service is provided only to ISPs. Our only contractual relationship is with you, the Account Owner.
• 2.2 We are not a party to any agreement between you and your Subscribers, and we owe your Subscribers no duty, service, support or refund. Nothing in these Terms gives any Subscriber, employee or other third party any right against us.
• 2.3 You must handle all Subscriber enquiries, complaints, refunds and disputes yourself, and you must not refer Subscribers to us.
• 2.4 You must not state or suggest that we provide internet service to your Subscribers, that we are responsible for your service, or that we endorse you.

3. Eligibility and authority

• 3.1 The Service is for business use only. You confirm that you are acting for your business and not as a consumer.
• 3.2 The individual accepting these Terms confirms that they are at least 18 years old, are authorised to bind the business, and that all information provided is true and complete. An individual who accepts without authority is personally bound by these Terms.
• 3.3 You must not use the Service if the law prohibits it, or if we have previously suspended or closed your Account.

4. Your Account and security

In short: keep your Account secure. You are responsible for everything done in it.

• 4.1 You must keep your Account information, including the Account Owner and administrator contact, accurate and up to date.
• 4.2 Your Account is protected by two-factor authentication by email and SMS. You must keep it enabled, keep the registered email account and phone number secure and under your control, and keep all passwords, API keys and Daraja credentials confidential.
• 4.3 You must give each member of staff their own login, grant only the access they need, and revoke access promptly when it is no longer required.
• 4.4 You are responsible for all activity in your Account, whether by you, your personnel, contractors or any person using your credentials, email or phone, whether or not authorised by you.
• 4.5 You must notify us immediately at support@purplerouter.com of any suspected unauthorised access or security incident.
• 4.6 Because Your Data is end-to-end encrypted, we may be unable to recover Your Data or restore access if you lose your credentials, your email account or your two-factor phone. Maintaining that access is your responsibility, and we are not liable for any data or access lost as a result.
• 4.7 We may require verification before changing the Account Owner, administrator, email, phone or two-factor settings, and may refuse or delay any change we cannot verify, without liability.

5. Fees, router licences and payment

In short: you pay us per router, in advance. No refunds. Non-payment can lead to suspension.

• 5.1 Per-router pricing. The Service is charged per router, per month, at the rates on our pricing page or in a written quote. The Standard plan is currently KES 1,000 per router per month in Kenya, with unlimited PPPoE customers on each router. Enterprise and self-hosted deployments are charged as quoted, and server costs are payable separately.
• 5.2 Router Licences. Each router linked to your Account requires an active Router Licence. We keep records of your active and expired Router Licences.
• 5.3 Payment in advance. Fees are payable in advance for each billing period. The payments you pay us for the Service are the only payment records we keep.
• 5.4 No refunds. Except where the law requires otherwise, all Fees are non-refundable, including for partial periods, unused routers or features, downgrades and early termination.
• 5.5 Expiry and non-payment. If a Router Licence expires or any Fee is unpaid, we may suspend or limit the Service for the affected router or for your whole Account until payment is received in full. Amounts owed remain due.
• 5.6 Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, including VAT and withholding tax. Where you are required to withhold tax, you will gross up the payment so that we receive the full Fee, unless prohibited by law.
• 5.7 Price changes. We may change our prices on at least 30 days’ notice by email or in the dashboard. New prices apply from your next billing period.
• 5.8 Free trials and offers. Free trials, promotional periods and discounts (for example, a free first month offered for a limited time) apply only on the terms and dates shown when the offer is made, may be limited to one per business, and may be changed or withdrawn at any time. Standard Fees apply when the offer period ends. We may refuse or cancel an offer that we reasonably believe is being misused.
• 5.9 SMS credit. SMS credit can only be used on the Service. It is not a deposit or money held for you, cannot be exchanged for cash or transferred, and is non-refundable except where the law requires.
• 5.10 Chargebacks. You must not dispute or reverse a valid payment to us. If you do, we may suspend the Service and recover the amount and our costs.

6. Your obligations as an ISP

• 6.1 You must obtain and maintain every licence, registration and approval required to provide your services, including from the Communications Authority of Kenya where applicable.
• 6.2 You must comply with all laws that apply to you, including consumer protection, data protection, communications, tax, anti-money laundering and cybercrime laws.
• 6.3 You alone decide your plans, prices, speeds, policies, suspensions and disconnections, and you are solely responsible for the service you provide to your Subscribers.

7. Feature terms

In short: how each part of Purple Router works, and who is responsible for what.

7.1 Payments your Subscribers make to you

• (a) Subscriber payments, including M-Pesa through your bank, M-Pesa Express (STK push) and M-Pesa offline payments using your own Paybill and Daraja keys, are processed by Third-Party Services and settle directly to your bank account or Paybill. We do not receive, hold, control or transfer your Subscribers’ money, and we are not a payment service provider.
• (b) You are responsible for your bank account, Paybill, Daraja credentials and their security, and for reconciling every payment, including unallocated payments, overpayments, reversals, refunds and disputes.
• (c) Matching, renewal and reconnection features act on information we receive from Third-Party Services. We are not liable for any loss caused by information that is inaccurate, delayed or missing, or by the acts or omissions of those providers.
• (d) The payment page shown to expired Subscribers and SMS payment links depend on your network, routers and Third-Party Services, and are not guaranteed to be available at all times.

7.2 PPPoE, RADIUS and plans

• (a) RADIUS checks logins and applies plans, speeds, burst settings, roaming rules, device limits and MAC bindings as you configure them. You are responsible for your configuration and its effect on your Subscribers.
• (b) Router capacity guidance (for example, about 500 PPPoE customers recommended per router) is guidance only. Actual capacity depends on your hardware, configuration and traffic.

7.3 IP addresses and IP blocks

• You are responsible for obtaining the right to use all IP addresses and blocks you add to the Service, and for their lawful use. Warnings about IP block usage are provided as a convenience and are not guaranteed.

7.4 Router linking, Lock mode and remote access

• (a) By linking or reprovisioning a router, you authorise us to connect to it through a secure WireGuard tunnel and to read and change its configuration as needed to provide the Service.
• (b) If you enable Lock mode, management access such as WinBox, SSH, API and WebFig is restricted to the Purple Router tunnel. You are responsible for keeping your own means of emergency access to your routers.
• (c) You remain responsible for your routers, network, equipment, power, internet links, firmware updates and any changes made by you or your personnel.

7.5 Router backups

• Router configurations are backed up automatically on a best-effort basis, currently every few hours with backups kept for 30 days. Backups are not guaranteed to be complete, current or restorable. You must keep your own copies of anything important.

7.6 Router swap and reprovisioning

• When you reprovision, we generate a script for your new router, which you run. You are responsible for confirming that the correct router and script are used. Reconnection of Subscribers depends on your network and equipment.

7.7 Messaging and SMS

• (a) You may send messages using Purple Router SMS (prepaid credit, no sender ID needed), Purple SMS (your own sender ID), Africa’s Talking or another provider through an HTTPS SMS API.
• (b) You are responsible for the content, timing and recipients of every message, for obtaining any consent required by law, and for honouring opt-outs. You must not send spam or misleading, offensive or unlawful messages.
• (c) Sender IDs are approved by networks and SMS providers, not by us. Message delivery depends on Third-Party Services and is not guaranteed.

7.8 Finance, invoices and tax

• (a) Finance features record invoices, payments, debts, voids, refunds and corrections. Records cannot be deleted, and corrections are kept with an audit trail.
• (b) You are solely responsible for the accuracy of your prices, tax rates and invoices, and for your tax filings and compliance, including any eTIMS or other tax-authority requirements. Purple Router is a tool and does not give tax, accounting or legal advice.

7.9 Customer lists, follow-up, pause and suspension

• Lists of active, online, offline, expiring, dormant, suspended and paused customers are provided to help you. Decisions to contact, pause, suspend or disconnect a Subscriber are yours alone.

7.10 Your portal, address and logo

• (a) We provide a portal address on our domain, such as yourisp.purplerouter.com. The domain remains ours, and we may change it with reasonable notice.
• (b) You confirm that you own or have the right to use any logo, name or content you upload, and you grant us a licence to display it in the Service.

7.11 Cloud hosting and self-hosting

• (a) On our cloud, we operate the infrastructure, updates and backups as part of the Service.
• (b) On Enterprise self-hosting, you are responsible for your servers, their availability, security, capacity, backups and costs, and for applying updates we provide.

7.12 Coming soon features

• Features marked coming soon, preview or beta are not commitments. They may change, be delayed or never be released, and are provided "as is" if made available. You must not rely on them when deciding to buy or keep using the Service. Examples, figures and calculators on our website, such as savings estimates, are illustrations only.

8. Data protection and encryption

In short: you own your data. We keep only four kinds of records. Everything else is encrypted.

• 8.1 You own Your Data. You grant us a limited licence to host, process, transmit and back it up solely to provide the Service.
• 8.2 We keep only: the Account Owner and administrator contact; your company details; your active and expired Router Licences; and the payments you pay us for the Service. All other data, including Subscriber details, router details, the payments your Subscribers make to you and SMS details, is protected behind two-factor authentication (email and SMS) and end-to-end encryption.
• 8.3 For Subscriber personal data, you are the data controller and we act as your data processor under the Kenya Data Protection Act, 2019. We process it only to provide the Service and as described in our Privacy Policy.
• 8.4 You warrant that you have a lawful basis to collect and use Your Data, that you have given your Subscribers every notice required by law, and that Your Data does not infringe any law or third-party right. You are solely responsible for the accuracy, legality and content of Your Data. We do not review it and are not liable for it.
• 8.5 We may use anonymised, aggregated information that does not identify you or any individual to operate, secure and improve the Service.
• 8.6 We may disclose or preserve information where required by law or a lawful request, or where reasonably necessary to protect Purple Cloud Ltd, our users or the public.

9. Acceptable use

You must not, and must not permit any person to:

• use the Service for any unlawful, fraudulent, harmful or abusive purpose;
• access or attempt to access any account, system, router or data that is not yours;
• probe, scan, test the vulnerability of, overload, attack or disrupt the Service or its networks;
• copy, modify, decompile, reverse engineer, scrape or create derivative works of the Service, except to the extent permitted by law;
• resell, sublicense, rent, share or provide the Service to any third party, or use it to build or support a competing product;
• remove or obscure any notice, or use our name, logo or trademarks without our written consent;
• upload malware or any content that infringes the rights of others.

We may investigate suspected breaches, remove content, suspend Accounts and report unlawful activity to the relevant authorities.

9A. Copying, cloning and attacks: our right to suspend and to sue

In short: if you copy our system, or try to harm or attack it, we can shut you off at once and take legal action against you.

• (a) Prohibited acts. By signing up and accepting these Terms, you agree that you will not, directly or through anyone else: copy, clone, imitate or reproduce the Service, its software, scripts, designs, workflows, features or documentation; reverse engineer it or extract its source code, data structures or logic; use access to the Service to build, train or improve a competing product; or attack, hack, overload, probe, scan, interfere with or otherwise harm the Service, our servers, our networks or other customers.
• (b) Immediate suspension. If we reasonably believe you have done, attempted or assisted any of these acts, we may immediately suspend or terminate your Account and all access to the Service, without notice, without refund and without any liability to you.
• (c) Legal action and damages. We reserve the right to take legal action against you and any person acting with you, including to recover all damages, losses, lost revenue and costs (including legal fees and the costs of investigating and repairing any harm), to obtain injunctions or other court orders to stop the conduct, and to report the matter to the police and other authorities, including under the Computer Misuse and Cybercrimes Act, 2018 and the Copyright Act of Kenya.
• (d) Evidence. We may preserve logs, records and other evidence relating to the conduct, and disclose them to our advisers, the courts and the authorities.
• (e) These rights are in addition to every other right and remedy we have under these Terms and the law, and they continue after your Account ends.

10. Third-Party Services

The Service interoperates with Third-Party Services that we do not control. Your use of them is governed by their own terms. We are not responsible for their availability, changes, fees, acts or omissions, and we may cease supporting any Third-Party Service at any time.

11. Intellectual property

• 11.1 We and our licensors own all rights in the Service, including software, scripts, designs, text, graphics and trademarks. Subject to these Terms and payment of the Fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during your subscription. All other rights are reserved.
• 11.2 Any feedback or suggestions you provide may be used by us freely and without obligation or payment to you.

12. Confidentiality

Each party will keep the other’s non-public business information confidential and use it only for the purposes of these Terms, except information that is or becomes public through no fault of the receiving party, was lawfully known before disclosure, or must be disclosed by law.

13. Availability, maintenance and support

• 13.1 We use reasonable efforts to keep the Service available, but we do not guarantee that it will be uninterrupted, timely, secure or error-free. Maintenance, emergencies and failures of Third-Party Services, the internet or your network may cause interruptions.
• 13.2 Support is available 24/7 by email at support@purplerouter.com. No uptime or response-time commitment applies unless agreed in a separate written agreement signed by us.

14. Suspension and termination

• 14.1 You may stop using the Service at any time. Fees already paid are not refunded.
• 14.2 We may suspend or terminate your Account, any router or any feature, immediately and without liability, if you breach these Terms, fail to pay, provide false information, create a security, legal or reputational risk, or if required by law or a Third-Party Service. Where reasonable, we will give notice first.
• 14.3 After termination, you may request an export of Your Data within 30 days, provided all amounts owed are paid. After that period we may delete Your Data, except records we are required by law to keep.
• 14.4 Clauses which by their nature should survive termination will survive, including those on Fees owed, data, intellectual property, disclaimers, limitation of liability, indemnity, time limits and governing law.

15. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We disclaim all warranties, conditions and representations, express or implied, including those of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, uninterrupted or error-free operation, and any warranty that the Service will achieve any business, revenue, savings or other result.

16. Limitation of liability

In short: our total liability is limited to what you paid us in the previous three months.

• 16.1 To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for any loss of profit, revenue, business, Subscribers, contracts, goodwill, data or anticipated savings, however arising, even if advised of the possibility.
• 16.2 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Fees actually paid by you to us for the Service in the three months immediately preceding the first event giving rise to liability.
• 16.3 These limitations apply even if a remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.

17. Indemnity

You will defend, indemnify and hold harmless Purple Cloud Ltd and its directors, officers, employees, agents and partners from and against all claims, demands, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: your use of the Service; your services to your Subscribers; any claim by a Subscriber; Your Data; messages sent from your Account; your routers and network; your breach of these Terms; or your breach of any law or third-party right.

18. Time limit for claims

To the maximum extent permitted by law, any claim against us must be commenced within one year after the event giving rise to it, failing which the claim is permanently barred.

19. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including power or internet failures, failures of Third-Party Services, natural disasters, epidemics, civil unrest, strikes, war, acts of government, changes in law and cyber attacks.

20. Changes to the Service and these Terms

• 20.1 We may change, add or remove features of the Service. If we remove a core Live feature you are paying for, we will give reasonable notice where practicable.
• 20.2 We may amend these Terms. We will publish the amended Terms on this page with a new date and, for material changes, notify the Account Owner by email or in the dashboard at least 14 days before they take effect, unless a shorter period is required for legal or security reasons. Continued use of the Service after the effective date constitutes acceptance.

21. General

• 21.1 Entire agreement. These Terms, our Privacy Policy and any signed order or quote constitute the entire agreement between the parties regarding the Service and supersede all prior discussions and representations. In case of conflict, a signed written agreement prevails, then these Terms.
• 21.2 Assignment. You may not assign or transfer your Account or any rights or obligations without our prior written consent. We may assign ours to a group company or successor.
• 21.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force, and the affected provision applies to the maximum extent permitted.
• 21.4 No waiver. Failure or delay in enforcing any right is not a waiver of it.
• 21.5 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, employment or joint venture.
• 21.6 Third parties. No person other than you and us has any right to enforce these Terms.
• 21.7 Language and interpretation. These Terms are in English, which prevails over any translation. Headings and "In short" summaries are for convenience only and do not affect interpretation. "Including" means "including without limitation".
• 21.8 Notices. Notices to us must be sent to support@purplerouter.com. We may give notice to the Account Owner’s registered email address or in the dashboard, and notice is deemed received when sent.

22. Governing law and dispute resolution

These Terms are governed by the laws of Kenya. The parties will first attempt in good faith to resolve any dispute within 30 days of written notice. If the dispute is not resolved, the courts of Kenya have exclusive jurisdiction, save that we may seek urgent injunctive relief or recover unpaid Fees in any court of competent jurisdiction. Claims may be brought only on an individual basis and not as part of any class, group or representative action.

23. Contact

Purple Cloud Ltd, which manages Purple Router Kenya. Email support@purplerouter.com or sales@purplerouter.com.