Terms of Service

Last updated: February 2026

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and VumaCloud LTD, a company incorporated under the laws of the Republic of Kenya, with its registered office at One Africa Place, Waiyaki Way, Nairobi, Kenya ("VumaCloud", "we", "us", or "our").

By accessing or using any VumaCloud service—including VumaERP, VumaMail, VumaAPI, or any associated websites, applications, or APIs—you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy. If you do not agree, you must not use our services.

These Terms are governed by and construed in accordance with the Laws of Kenya, including but not limited to the Kenya Information and Communications Act (Cap. 411A), the Data Protection Act 2019, the Computer Misuse and Cybercrimes Act 2018, the Consumer Protection Act 2012, and the Contract Act (Cap. 23).

2. Definitions

  • "Services" means the cloud-based software-as-a-service products offered by VumaCloud, including VumaERP (business management), VumaMail (email and collaboration), VumaAPI (developer platform and integration APIs), and any related services, updates, or new features.
  • "Customer Data" means all data, information, and materials submitted, uploaded, or transmitted by you through the Services, including but not limited to business records, financial data, employee information, customer records, and communications.
  • "Subscription Period" means the period for which you have subscribed to use the Services, whether monthly or annually.
  • "Authorised User" means any individual you permit to access and use the Services under your account.
  • "Applicable Law" means all laws, regulations, directives, and guidelines applicable to the Services, including the laws of Kenya and any laws of the jurisdiction in which you are located.

3. Services Provided

VumaCloud provides cloud-based software services including but not limited to:

  • VumaERP — Accounting, invoicing, tax compliance (DGI MESURE), POS, inventory management, HR, payroll, and CRM.
  • VumaMail — Professional email hosting, shared calendars, contacts, file storage, and collaboration tools.
  • VumaAPI — Developer platform providing Email API, WhatsApp Business API, RCS Business Messaging, and MTN MoMo payment integration.

Services are provided on a "software-as-a-service" basis. We target an uptime of 99.5% measured on a monthly basis, excluding scheduled maintenance. Scheduled maintenance windows will be communicated at least 48 hours in advance via email or in-app notification.

4. Account Registration and Security

4.1 Registration

You must provide accurate, complete, and current information when creating an account. You must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher. If registering on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorised access or security breach. We shall not be liable for any loss arising from your failure to safeguard your credentials.

4.3 Authorised Users

You are responsible for ensuring that all Authorised Users comply with these Terms. You shall not share login credentials between multiple individuals. Each Authorised User must have their own account.

5. Subscription, Payment, and Taxes

5.1 Pricing and Currency

Prices are quoted in XAF unless otherwise stated on our pricing page. For customers in Nigeria and Ghana, all prices are quoted in USD. All prices are exclusive of applicable taxes unless expressly stated otherwise.

5.2 Payment Terms

  • Payment is due in advance for all subscription services.
  • We accept MTN MoMo, Orange Money, bank transfer, and international card payments (Visa, Mastercard).
  • Monthly subscriptions are billed on the same date each month. Annual subscriptions are billed on the anniversary of the subscription start date.
  • Annual subscribers receive a discount equivalent to two (2) months free on ERP subscriptions.
  • For VumaAPI, usage beyond included tier quotas is billed at the published pay-as-you-go rates.

5.3 Taxes

You are responsible for all taxes, duties, and levies imposed by applicable tax authorities, including Value Added Tax (VAT) as prescribed by the Kenya Revenue Authority or the relevant tax authority in your jurisdiction. We will add applicable VAT to invoices where required by law.

5.4 Late Payment

If payment is not received within seven (7) days of the due date, we reserve the right to suspend access to the Services until payment is received. If payment remains outstanding for thirty (30) days, we may terminate the account in accordance with Section 10.

5.5 Refunds

Monthly subscriptions: No refunds for partial months. Annual subscriptions: Pro-rata refunds are available for the unused portion of the Subscription Period, calculated from the date of written cancellation. Refunds are processed within thirty (30) business days.

6. Acceptable Use

You agree not to use the Services to:

  • Violate any Applicable Law, including the Computer Misuse and Cybercrimes Act 2018 (Kenya) or equivalent legislation in your jurisdiction.
  • Infringe intellectual property rights of any third party.
  • Transmit malware, viruses, or other malicious code.
  • Send unsolicited communications (spam) through VumaAPI or VumaMail.
  • Attempt to gain unauthorised access to our systems, networks, or other customers' data.
  • Engage in activities that facilitate money laundering, fraud, or terrorism financing, contrary to the Proceeds of Crime and Anti-Money Laundering Act (Kenya).
  • Resell, sublicense, or redistribute the Services without our prior written consent.
  • Use the Services in any manner that could damage, disable, or impair the Services or interfere with other users' access.

We reserve the right to suspend or terminate access for violation of this Section, with or without notice, depending on the severity of the violation.

7. Intellectual Property

7.1 Our Intellectual Property

All rights, title, and interest in and to the Services, including all software, designs, text, graphics, logos, trademarks, and other materials, are and remain the exclusive property of VumaCloud LTD. Nothing in these Terms transfers any intellectual property rights to you. Your right to use the Services is limited to the licence granted herein.

7.2 Your Data

You retain all ownership rights in your Customer Data. By using the Services, you grant us a limited, non-exclusive licence to process, store, and transmit your Customer Data solely for the purpose of providing the Services. We will not access, use, or disclose your Customer Data except as necessary to provide the Services, with your consent, or as required by Applicable Law.

8. Data Protection and Privacy

We process personal data in accordance with our Privacy Policy and the Data Protection Act 2019 (Kenya). Where we process personal data on your behalf, we act as a data processor and you act as the data controller, as defined under the Act. We have registered as a data processor with the Office of the Data Protection Commissioner (ODPC) of Kenya.

We implement appropriate technical and organisational measures to protect personal data against unauthorised access, alteration, disclosure, or destruction, in compliance with Section 41 of the Data Protection Act 2019.

9. Service Level and Support

  • Uptime target: 99.5% monthly uptime, excluding scheduled maintenance.
  • Support hours: Monday–Friday, 8:00 AM–6:00 PM East Africa Time (EAT/UTC+3). Emergency support available outside these hours for Growth and Professional plan customers.
  • Support channels: Email ([email protected]), WhatsApp (+254 783 150 465), and in-app support.
  • Response times: Critical issues within 4 hours; standard issues within 24 hours; general enquiries within 48 hours.

10. Suspension and Termination

10.1 By You

You may cancel your subscription at any time by providing written notice via email to [email protected] or through your account settings. Cancellation takes effect at the end of the current Subscription Period.

10.2 By Us

We may suspend or terminate your access to the Services: (a) immediately, if you materially breach these Terms or the Acceptable Use policy; (b) with thirty (30) days' written notice, for non-payment; (c) if required to do so by Applicable Law or a court order.

10.3 Effect of Termination

Upon termination, you will have thirty (30) days to export your Customer Data. We will provide reasonable assistance with data export. After this period, we may delete your data in accordance with our data retention policy. Sections that by their nature should survive termination (including Sections 7, 8, 11, 12, 13, and 14) shall survive.

11. Limitation of Liability

To the maximum extent permitted by Applicable Law, including the Consumer Protection Act 2012 (Kenya):

  • VumaCloud's total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total fees paid by you in the twelve (12) months immediately preceding the event giving rise to the claim.
  • In no event shall VumaCloud be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, regardless of the cause of action or theory of liability.
  • Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under Applicable Law.

12. Indemnification

You agree to indemnify, defend, and hold harmless VumaCloud, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any Applicable Law; or (d) any content you submit through the Services.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, both parties agree to attempt to resolve disputes amicably through good-faith negotiation for a period of thirty (30) days from the date of written notice of the dispute.

13.2 Mediation

If informal resolution fails, either party may refer the dispute to mediation under the Mediation Act 2012 (Kenya), with the mediation to take place in Nairobi, Kenya.

13.3 Arbitration

If mediation does not resolve the dispute within sixty (60) days, either party may refer the dispute to binding arbitration under the Arbitration Act 1995 (Kenya). The arbitration shall be conducted in Nairobi by a single arbitrator appointed by agreement of the parties, or failing agreement, by the Chartered Institute of Arbitrators (Kenya Branch). The language of arbitration shall be English.

13.4 Governing Law and Jurisdiction

These Terms are governed by the laws of Kenya. Subject to the arbitration clause above, the courts of Kenya shall have exclusive jurisdiction over any disputes arising under these Terms.

14. Modifications to Terms

We may modify these Terms from time to time. Material changes will be communicated to you at least thirty (30) days in advance via email or in-app notification. Continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree with the modifications, you may terminate your subscription in accordance with Section 10.

15. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between you and VumaCloud and supersede all prior agreements.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: No failure or delay in exercising any right shall constitute a waiver of that right.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force Majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, network failures, or power outages.
  • Notices: All notices to VumaCloud shall be sent to [email protected]. Notices to you will be sent to the email address associated with your account.

16. Contact Information

For questions about these Terms, contact us at:
VumaCloud LTD
One Africa Place, Waiyaki Way, Nairobi, Kenya
Email: [email protected]
Phone: +254 783 150 465
WhatsApp: +254 783 150 465