IMPORTANT: This is a binding legal agreement between TrendWave Connect ("Provider") and your Internet Service Provider ("Customer"). By accessing or using our software platform, you accept all terms and conditions herein.
1. Agreement Overview
This Terms of Service ("Agreement") governs your access and use of the TrendWave Connect ISP Billing and Management Platform ("Software"), a Software-as-a-Service (SaaS) solution designed specifically for Internet Service Providers.
This agreement covers both the software license and the ongoing service provision. The software is licensed, not sold, to you for the term of your subscription.
2. Key Definitions
- Subscriber Data
- Information pertaining to your ISP's end-customers processed through our platform
- Platform Data
- Configuration, settings, and operational data specific to your ISP
- Production Environment
- The live, operational instance of the software serving your active subscribers
- Service Credit
- Compensation provided for failure to meet Service Level Agreement commitments
- Bandwidth Event
- Any incident affecting network data collection or subscriber bandwidth management
- API Call
- Individual request made to our platform's application programming interface
3. Software License Grant
Subject to your compliance with this Agreement and payment of applicable fees, TrendWave Connect grants you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Software via our hosted platform
- Configure the Software for your ISP operations
- Process Subscriber Data through the platform
- Integrate with approved network hardware (Mikrotik, Ubiquiti, etc.)
- Generate reports and export data for internal business use
License Restrictions: This license does NOT permit you to:
- Resell, sublicense, or redistribute the Software
- Reverse engineer, decompile, or disassemble the Software
- Use the Software to provide services to other ISPs
- Modify or create derivative works of the Software
4. License Restrictions
You agree not to:
- Exceed the API rate limits specified in your subscription plan
- Process data for more Subscribers than your plan allows
- Use the Software for unlawful or fraudulent activities
- Attempt to circumvent security measures or access controls
- Use the Software in a way that could damage, disable, or impair our services
- Share authentication credentials or API keys with unauthorized parties
5. Platform Access
5.1 Administrator Accounts
You may designate up to the number of administrator accounts specified in your subscription plan. Each administrator must have unique credentials and individual responsibility for their actions.
5.2 API Access
API access is provided for:
- Integration with network hardware (Mikrotik, Ubiquiti routers)
- Automated billing and payment processing
- Data export and reporting
- Subscriber management automation
6. Subscription Plans
| Feature | Starter | Professional | Enterprise |
|---|---|---|---|
| Maximum Subscribers | 1,000 | 10,000 | Unlimited |
| Administrator Accounts | 3 | 10 | Unlimited |
| API Rate Limit | 100 calls/minute | 500 calls/minute | 2,000 calls/minute |
| Network Device Support | ✓ Basic | ✓ Advanced | ✓ Full |
| M-Pesa Integration | ✓ | ✓ | ✓ |
| Advanced Analytics | ✗ | ✓ | ✓ |
| Custom API Endpoints | ✗ | ✓ Limited | ✓ Full |
| Service Level Agreement | 99.5% Uptime | 99.9% Uptime | 99.95% Uptime |
7. Billing & Payments
7.1 Subscription Fees
Fees are based on your selected plan and number of active Subscribers. All fees are payable monthly in advance via:
- M-Pesa (Kenyan Shillings)
- Bank transfer
- Credit/Debit card (Stripe)
7.2 Billing Cycle
Your subscription renews automatically each month. You may upgrade, downgrade, or cancel your subscription with 30 days notice before the next billing cycle.
7.3 Late Payments
Accounts 15 days past due may be suspended. Reactivation requires payment of all outstanding balances plus a 15% reinstatement fee.
8. Service Level Agreement
Service Commitment: TrendWave Connect commits to the following service levels:
- Uptime: 99.9% monthly availability for Production Environment
- Support Response: 4-hour response time for critical issues
- Data Backup: Daily encrypted backups with 30-day retention
- Security Updates: Applied within 72 hours of availability
8.1 Service Credits
If we fail to meet our SLA commitments, you may be eligible for service credits as follows:
- Uptime below 99.9% but above 99%: 10% credit
- Uptime below 99% but above 95%: 25% credit
- Uptime below 95%: 50% credit
8.2 Scheduled Maintenance
We perform scheduled maintenance during low-traffic hours (typically 02:00-04:00 EAT). We provide 72-hour notice for all scheduled maintenance affecting Production Environment.
9. Data Processing
As detailed in our Privacy Policy, we act as a Data Processor for Subscriber Data. You retain ownership of all Subscriber Data and Platform Data.
9.1 Data Export
You may export your data at any time via:
- Web interface exports (CSV, Excel formats)
- API data extraction
- Database dump upon termination (Enterprise plan only)
9.2 Data Retention After Termination
Upon termination, we retain your data for 90 days to facilitate potential reactivation. After this period, data is permanently deleted from our systems.
10. Security Requirements
You are responsible for:
- Maintaining strong password policies for administrator accounts
- Securing API keys and authentication tokens
- Implementing network security measures for integration points
- Regular security audits of your integration configurations
11. Backup & Recovery
We implement:
- Daily incremental backups with 30-day retention
- Weekly full backups with 90-day retention
- Encrypted backup storage with geographic redundancy
- Quarterly disaster recovery testing
12. Liability & Warranty
12.1 Limited Warranty
The Software is provided "AS IS" without warranty of any kind. We warrant that the Software will substantially conform to its documentation under normal use.
12.2 Limitation of Liability
Our total liability under this Agreement shall not exceed the fees paid by you in the 12 months preceding the claim. We are not liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Data loss or corruption not caused by our gross negligence
13. Termination
13.1 Termination by You
You may terminate this Agreement with 30 days written notice. No refunds for prepaid periods.
13.2 Termination by Us
We may terminate immediately for:
- Breach of license restrictions
- Non-payment exceeding 60 days
- Illegal or fraudulent use of the Software
14. Governing Law
This Agreement is governed by the laws of Kenya. Any disputes shall be resolved in the courts of Nairobi, Kenya.
15. Amendments
We may update this Agreement with 30 days notice. Continued use after updates constitutes acceptance.