Terms of Use | Tornad Business Solutions Ltd

1. Parties

These Terms of Use ("Terms") are a legally binding agreement between you ("Client" or "User") and Tornad Business Solutions Ltd, a company incorporated under the laws of the Republic of Kenya and operating from Mageso Chamber, Moi Avenue, Nairobi, Kenya ("Tornad", "we", "us", or "our"). These Terms govern your access to and use of the Tornad website, all Tornad software products (Payroll, HRMS, Attendance & Access Control, CRM, QuotientOne ERP, E-Commerce Platform, and TornadPRO), and Tornad's professional services.

2. Acceptance of Terms

By accessing this website or using any Tornad product or service, you confirm that you have read, understood, and agreed to these Terms. If you are accepting on behalf of an organisation, you confirm that you have the authority to bind that organisation to these Terms. If you do not agree, you must discontinue use immediately.

3. Software Licence

Subject to payment of applicable fees and compliance with these Terms, Tornad grants you a non-exclusive, non-transferable, revocable licence to access and use the licensed software products during the subscription term. You may not sub-license, sell, or transfer the software; reverse engineer or decompile any part of it; use it to build a competing product; access it by automated means without written consent; or use it in violation of applicable Kenyan law.

4. Subscription, Fees & Payment

Tornad's software products are available on a subscription basis. Subscription fees are payable in advance (monthly or annually) in Kenya Shillings (KES) unless otherwise agreed in writing. Payment methods accepted include M-Pesa Paybill, bank transfer (RTGS/EFT), and Visa/Mastercard. Late payments may result in suspension of access. All fees are exclusive of VAT at the prevailing rate under Kenyan tax law.

5. Data Ownership & Privacy

You retain full ownership of all data you upload or generate through Tornad's platforms ("Client Data"). Tornad will not sell, share, or disclose your Client Data to third parties except as required by law or as necessary to provide the agreed services. Tornad will process Client Data in accordance with our Privacy Policy and applicable Kenyan data protection law including the Data Protection Act 2019.

6. Compliance Responsibility

Tornad's payroll, HRMS, and QuotientOne ERP products are designed to support compliance with Kenyan statutory requirements including KRA PAYE, SHIF, NSSF, Housing Levy, NITA, and VAT. However, the ultimate responsibility for statutory compliance rests with the Client. Tornad provides the tools; the Client is responsible for reviewing outputs, filing returns on time, and ensuring accuracy of input data. Tornad does not provide legal or tax advice.

7. Uptime & Service Availability

Tornad targets 99.9% monthly uptime for cloud-hosted products. Scheduled maintenance windows will be communicated at least 24 hours in advance. Tornad is not liable for downtime caused by third-party infrastructure (Azure, AWS, Safaricom M-Pesa, KRA iTax) or force majeure events.

8. Intellectual Property

All software, source code, designs, trademarks, logos, and content on the Tornad website and products are the exclusive intellectual property of Tornad Business Solutions Ltd or its licensors. No licence to copy, distribute, or create derivative works is granted except as expressly stated in these Terms or a separate written agreement.

9. Limitation of Liability

To the maximum extent permitted by Kenyan law, Tornad's total liability to you for any claim arising from use of our products or services shall not exceed the total fees paid by you in the 12 months preceding the claim. Tornad is not liable for indirect, incidental, special, consequential, or punitive damages.

10. Termination

Either party may terminate the subscription by providing 30 days written notice before the next billing date. Tornad may terminate immediately for non-payment, material breach, or violation of these Terms. Upon termination, Tornad will make your Client Data available for export for 30 days, after which it will be securely deleted.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Any dispute shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be referred to binding arbitration in Nairobi in accordance with the Arbitration Act (Cap 49) of Kenya. The language of arbitration shall be English.

12. Changes to These Terms

Tornad reserves the right to update these Terms at any time. Material changes will be communicated via email or in-app notification at least 14 days before they take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.

13. Contact

Tornad Business Solutions Ltd
Mageso Chamber, Moi Avenue, Nairobi, Kenya
Email: info@tornad.co.ke
Phone: +254 110 088 686