1. Acceptance of Terms
By accessing or using the E-Sync platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are accepting on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
If you do not agree to these Terms, do not use the Service.
2. Service Provider
The Service is operated by Encipher Company Limited, registered in Tanzania with offices in Dar es Salaam, Tanzania ("E-Sync", "we", "us").
3. Description of Service
E-Sync is a cloud-based fleet intelligence platform that enables organisations to track vehicles, manage drivers and trips, monitor document compliance, and analyse operational and financial data. The Service is provided on a subscription basis and accessed via web browser and, when available, native mobile and desktop applications.
4. Account Registration
To use the Service, you must:
- Register an account with accurate and complete information
- Keep your login credentials confidential
- Notify us immediately at sales@esync.co.tz if you suspect unauthorised access to your account
You are responsible for all activity that occurs under your account. We are not liable for any loss resulting from unauthorised use of your credentials.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of applicable law
- Attempt to gain unauthorised access to any part of the Service or its infrastructure
- Upload malicious code, viruses, or any content that disrupts or damages the Service
- Reverse-engineer, decompile, or disassemble any part of the Service
- Resell or sublicense the Service without our prior written consent
- Use automated scraping tools or bots against the Service without authorisation
- Enter false, misleading, or fraudulent data into the platform
We reserve the right to suspend or terminate access for any account that violates these conditions.
6. Subscription & Payment
Access to the Service requires a paid subscription. Subscription fees, billing cycles, and payment terms are set out in your order or on our pricing page. All fees are non-refundable unless otherwise agreed in writing or required by law.
We may change our pricing with at least 30 days' notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
7. Your Data
You retain ownership of all data you upload or generate in the Service ("Customer Data"). We process Customer Data solely to provide and improve the Service in accordance with our Privacy Policy.
You are responsible for ensuring you have the right to upload and process any data you enter into the Service, including data about drivers and third parties.
8. Intellectual Property
All software, designs, logos, trademarks, and content that form part of the E-Sync platform are owned by Encipher Company Limited or its licensors. These Terms do not grant you any intellectual property rights in the Service beyond the limited right to use it as described here.
9. Availability & Support
We aim to provide a reliable service but do not guarantee uninterrupted availability. We may perform scheduled maintenance, which we will announce in advance where possible. Support is provided via email at sales@esync.co.tz.
10. Limitation of Liability
To the maximum extent permitted by applicable law, E-Sync shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
Our total liability to you in connection with the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
11. Indemnification
You agree to indemnify and hold Encipher Company Limited and its officers, employees, and agents harmless from any claims, damages, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
12. Termination
Either party may terminate the subscription at the end of the current billing period by providing written notice. We may suspend or terminate your access immediately if you materially breach these Terms.
Upon termination, your right to access the Service ceases. We will make your Customer Data available for export for 30 days after termination, after which it will be deleted.
13. Governing Law
These Terms are governed by the laws of the United Republic of Tanzania. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Tanzania.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or a notice on the platform at least 14 days before they take effect. Continued use of the Service after updated Terms take effect constitutes your acceptance.
15. Contact Us
For questions about these Terms:
Encipher Company Limited
Dar es Salaam, Tanzania
sales@esync.co.tz
+255 752 030 648