Terms of Service

Effective Date: November 10, 2025

Welcome to MogiTech Global LTD ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of the MogiTech Global LTD website (https://www.mogitechglobal.com/) and all services, products, and applications offered by us. By accessing or using our services, you agree to be bound by these Terms.

1. Use of the Website

You agree to use the website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes transmitting obscene or offensive content or disrupting the normal flow of dialogue within our service.

2. Service Engagement and Contracts

A formal service agreement, Statement of Work (SOW), or client contract is required for the initiation of any paid services, including Custom Software Development, Tech Consulting, POS Systems Implementation, or Cloud Platforms.

• Precedence: In the event of any conflict between these Terms and a signed client contract, the terms of the specific client contract shall prevail regarding that service engagement.
• Quotations: All quotations are valid for 30 days unless otherwise stated in writing.
• Payment Terms: Payment terms will be specified in the SOW, typically requiring an upfront deposit before commencement and phased payments upon milestone completion.

3. Intellectual Property (IP) and Ownership

Unless otherwise specified in a separate client contract:

• Client IP: Upon final payment, the Client typically owns the intellectual property rights for the custom-developed software or application specifically built for them by MogiTech Global LTD.
• MogiTech IP: MogiTech Global LTD retains ownership of any pre-existing code, generic tools, frameworks, libraries, methodologies, or base architectural templates used in the development process.
• Website Content: All content on this website, including text, graphics, logos, and service descriptions, is the property of MogiTech Global LTD and is protected by copyright laws.

4. Limitation of Liability and Warranties

The services provided on this website are provided on an "as is" basis. We make no warranties, expressed or implied, regarding the accuracy, completeness, or reliability of the content or the performance of the website.

• Liability Cap: In no event shall MogiTech Global LTD be liable for any indirect, incidental, or consequential damages arising out of or related to our services, exceeding the total amount paid by the client to MogiTech Global LTD over the preceding twelve (12) months.
• Third-Party Services: We are not responsible for the performance, availability, or policies of any third-party services (e.g., cloud providers, payment gateways, open-source libraries) used or integrated into a client solution.

5. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the services provided shall be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, the parties agree to seek resolution in the competent courts located in Nairobi, Republic of Kenya.

6. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide reasonable notice of any changes. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

7. Contact Information

Questions about the Terms of Service should be sent to us at:

• Email: legal@mogitechglobal.com
• Contact Form: https://www.mogitechglobal.com//contact.php