Date: October 2025
eutopiantech Limited and its affiliates and representatives (together, and each of them as the context may require, "eutopiantech", "we" or "us") are focused on delivering high-impact, scalable, and elegant digital solutions, including custom Web and Mobile Application Development, System Integration, and Platform Resources (collectively, the “Services”), to individuals, businesses, and other users of our Services (“Users” or “you”).
The use of our Services and related Website is subject to these Terms of Service (“Terms”). By accessing, enrolling for, or using the Services, you acknowledge and agree to have read, understood, and accepted these Terms of Service.
B. Platform and Services Description
1. Description of the Platform and our Services
2. Service Agreements and Scope of Work
D. Distribution and Financial Terms
6. Cancellation and Termination of Services
E. General Terms for all eutopiantech Services
7. Use of the Services and User Content
8. Availability and Maintenance; Disclaimer of Warranties
9. Limitation and Exclusion of Liability
10. Intellectual Property Rights
12. Electronic Contracting and Notices
13. Changes to Terms of Service
14. Dispute Resolution and Jurisdiction
B. Platform and Services Description 1. Description of the Platform and our Services
1.1. The eutopiantech Website (www.eutopiantech.com) provides information on our Services, portfolio, and contact details. It is accessible online via desktop and mobile devices.
1.2. Our Services encompass professional IT activities, including:
* Custom Development: Building web, mobile applications and software development.
* System Integration: Connecting different software platforms and databases.
* Consulting & Design: Providing technical consultation and UX/UI design services.
1.3. Any use of dedicated client access portals, administration panels, or proprietary development environments managed by eutopiantech is considered part of the Services and is subject to these Terms, in addition to any specific agreements.
2. Service Agreements and Scope of Work
2.1. Unlike standardized consumer products, Custom Development Services are primarily governed by a separate, specific Service Agreement or Statement of Work (SOW) executed between you (or your legal entity) and us.
2.2. In the event of any conflict between these general Terms of Service and a signed SOW, the SOW shall take precedence regarding the specific scope, payment terms, and intellectual property transfer for that project. These general Terms shall govern all other aspects of the relationship.
C. Access To The Services 3. Eligibility
3.1. To use the Services as an individual, you must be at least of legal age with legal capacity, and you hereby warrant that you are.
3.2. Legal entities (businesses) must be validly incorporated and/or registered in their jurisdiction and hereby warrant that the individual accepting these Terms has the authority to bind the entity.
4.1. If required to create an account (e.g., on a client portal or development environment), you are fully responsible for maintaining the security and confidentiality of your Login Credentials and the use of your account.
4.2. You may not allow use of your account by any third party who is not authorized to represent you. You are fully responsible for all activities that occur under your account.
4.3. You agree to only provide correct and complete information when creating an account or engaging with our Services.
D. Distribution and Financial Terms 5. Invoicing and Payments
5.1. For Custom Development Services, payment obligations and schedules are defined exclusively in the governing SOW or Service Agreement.
5.2. For purchases made directly through the Website (e.g., standardized products or platform subscriptions, if offered), payment must be made using the provided third-party payment processors (e.g., Paystacks), whose terms of service and fees may apply.
5.3. You are obliged to immediately report inaccuracies in any payment details provided to eutopiantech.
6. Cancellation and Termination of Services
6.1. Project Cancellation: Cancellation of custom projects is governed by the termination clauses and fee schedules outlined in the specific SOW.
6.2. Account Termination: You may discontinue the use of the Website and terminate your account at any time by contacting us. We reserve the right to suspend or terminate your access immediately if you materially breach these Terms or if your conduct would damage our reputation.
E. General Terms for all eutopiantech Services 7. Use of the Services and User Content
7.1. By using the Services, you agree not to use or permit access to the Services in a manner which violates these Terms or any applicable laws and regulations.
7.2. You shall not engage in any activity or use the Services or our Website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt our systems.
7.3. User Content: You are solely responsible for any content (“User Content”) sent, displayed, or uploaded by you in using the Services. We do not own your Content. You grant us a limited, revocable, worldwide, royalty-free license to use your Content solely for the purpose of providing the Services (e.g., hosting your application data).
7.4. We reserve the right to suspend, terminate, and/or investigate and take appropriate action against any person or company suspected of fraudulent or unlawful actions, including reporting to law enforcement authorities.
8. Availability and Maintenance; Disclaimer of Warranties
8.1. Use of our Services may require compatible devices and internet access, which are your responsibility.
8.2. We reserve the right to update or change our platforms at any time, which may result in temporary unavailability.
8.3. Disclaimer: To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available” without a warranty of any kind. eutopiantech disclaims all (implied) warranties regarding the availability, accuracy, reliability, or performance of the Services. You agree that you must independently evaluate your use of the Services.
9. Limitation and Exclusion of Liability
9.1. You agree that your use of our Services is at your own risk. eutopiantech is not liable for any loss or damage (including direct, indirect, special, incidental, consequential, or punitive damages) arising from or in connection with your use of the Service.
9.2. eutopiantech disclaims and excludes any liability for any loss or damage arising from any circumstance beyond our reasonable control, such as: (a) force majeure events; (b) any security breach or unauthorized use of your account; or (c) any inaccurate content, loss, or unavailability of data caused by a third party (e.g., a hosting provider).
9.3. If eutopiantech is liable for any reason, the aggregate liability will be limited to the total amount paid to us by you for the specific Services giving rise to the claim in the preceding twelve (12) months or an amount of KES 5,000 (five thousand Kenyan Shillings), whichever is higher.
9.4. No claim or action arising from or related to these Terms shall be raised against EuropianTech more than one (1) year after the occurrence of the cause of such claim.
9.5. Indemnification: You agree to indemnify and hold harmless EuropianTech from any loss or damages caused by your use of the Services, User Content, violation of these Terms, or the infringement of any intellectual property or other right of any person or entity.
10. Intellectual Property Rights
10.1. EuropeanTech Property: All current and future worldwide intellectual property rights (including software source code, object code, trademarks, and copyrights) in relation to the Services, the Website, and our underlying tools/methodology are owned by eutopiantech Group members and their licensors, and we exclusively retain all rights, title, and interest therein.
10.2. Work Product IP: Intellectual Property ownership related to custom software developed specifically for you (Work Product) is determined by the specific terms of the signed Service Agreement or SOW.
10.3. License to You: eutopiantech grants you a limited, non-transferrable, non-exclusive, and revocable license for fair use of the Services, subject to these Terms. You shall not commercialize, publish, copy, reverse engineer, or create derivative works from the Services or the underlying Platform without our express written permission.
11.1. When you use our Services, you trust eutopiantech with your personal data. We recognize the importance of protecting your privacy.
11.2. These Terms are supplemented by our Privacy Policy, which sets out how personal data is handled by us, our legal bases for processing, and how you can enforce your rights in compliance with the Kenya Data Protection Act, 2019 (KDPA) and other applicable data protection laws. By using our Services, you acknowledge and agree to have read, understood, and accepted the Privacy Policy.
12. Electronic Contracting and Notices
12.1. Your use of the Services includes the ability to enter into agreements and/or make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions.
12.2. All notices or other correspondence to eutopiantech under these Terms must be provided using the contact details in Section 14.
13. Changes to Terms of Service
13.1. eutopiantech reserves the right to modify these Terms of Service.
13.2. Any modifications will be effective immediately upon the posting of the revised Terms on our Website. Your continued use of the Service after the effective date of the revised Agreement will be deemed to constitute your acknowledgement and acceptance thereof.
14.1. eutopiantech has created a community called eutopiantech community which allows users to share their experience such as code problems, reviews etc. The Community also features a blog for users. All are welcomed to join the Community.
15. Dispute Resolution and Jurisdiction
15.1. The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Kenya.
15.2. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Nairobi, Kenya, and you hereby submit to the personal jurisdiction of such courts.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
Email: support@eutopiantech.com
Website: www.eutopiantech.com
DRAWN BY:
CLARET AMASAKHA
Email: kioi@kioilaw.africa
P105 NUMBER: P.105/25357/25
NAIROBI.