1. Definitions

For the purposes of these Terms:

• AkwaSync means the software platform and related services provided by the service provider.
• Client means the organization, institution, or business that subscribes to or uses AkwaSync.
• Authorized User means an individual authorized by the Client to access and use the Services.
• Data means all information entered into, uploaded to, or generated through the platform.
• Services means all software, applications, APIs, support, hosting, and related services provided by AkwaSync.

2. Eligibility

The Client represents and warrants that it has the legal authority to enter into this agreement and that all Authorized Users are permitted to use the Services on its behalf.

3. Scope of Services

AkwaSync provides a cloud-based platform that may include:

• Digital data collection
• Offline and online synchronization
• Workflow management
• Dashboards and analytics
• Survey and assessment management
• Reporting and data exports
• User and role management
• API integrations
• Mobile and web access

The specific features available depend on the Client's subscription or service agreement.

4. Client Responsibilities

The Client agrees to:

• Provide accurate information during registration.
• Maintain the confidentiality of user credentials.
• Ensure that only authorized users access the platform.
• Comply with all applicable laws and regulations.
• Obtain any necessary consents for collecting personal data.
• Use the Services only for lawful purposes.

The Client is responsible for all activities conducted under its account.

5. User Accounts

The Client is responsible for:

• Creating and managing user accounts.
• Assigning appropriate user roles and permissions.
• Promptly disabling accounts that are no longer authorized.
• Notifying AkwaSync of any unauthorized access or suspected security incidents.

6. Data Ownership

The Client retains ownership of all data submitted to the platform.

AkwaSync does not claim ownership of Client data and processes it solely to provide the agreed Services.

7. Data Processing

AkwaSync processes Client data to:

• Store information securely.
• Synchronize offline and online data.
• Generate reports and dashboards.
• Maintain system performance.
• Provide technical support.
• Deliver platform functionality.

Processing is performed in accordance with the Client's instructions, applicable law, and AkwaSync's Privacy Policy.

8. Acceptable Use

The Client and its users agree not to:

• Use the platform for unlawful activities.
• Upload malicious software or harmful code.
• Attempt unauthorized access to the platform or other users' accounts.
• Reverse engineer, copy, or exploit the platform beyond permitted use.
• Interfere with the operation or security of the Services.
• Use the Services to distribute spam, malware, or fraudulent content.

Violation of these Terms may result in suspension or termination of access.

9. Security

AkwaSync implements reasonable technical and organizational measures to protect Client data, including:

• Encrypted data transmission.
• Secure authentication.
• Role-based access controls.
• System monitoring.
• Regular backups.
• Security updates.

The Client remains responsible for securing its own devices, networks, and user credentials.

10. Service Availability

AkwaSync strives to maintain high service availability but does not guarantee uninterrupted or error-free operation.

Service interruptions may occur due to:

• Scheduled maintenance.
• Software updates.
• Internet connectivity issues.
• Third-party infrastructure failures.
• Circumstances beyond reasonable control.

Where practicable, advance notice of planned maintenance will be provided.

11. Technical Support

Support services may include:

• User assistance.
• Technical troubleshooting.
• Bug fixes.
• Platform guidance.
• Software updates.

Support is provided during agreed business hours unless otherwise specified in a separate Service Level Agreement (SLA).

12. Fees and Payment

Where applicable:

• Subscription fees are payable according to the agreed pricing schedule.
• Invoices are due within the payment terms stated in the service agreement.
• Failure to pay may result in suspension or termination of Services after reasonable notice.
• Taxes and statutory charges remain the responsibility of the Client unless otherwise agreed.

13. Intellectual Property

AkwaSync retains all intellectual property rights in the platform, including:

• Software
• Source code
• Designs
• Documentation
• Logos
• Trademarks
• APIs
• System architecture

These Terms do not transfer ownership of AkwaSync's intellectual property to the Client.

14. Confidentiality

Each party agrees to protect confidential information received from the other and not disclose it except:

• As required by law.
• With prior written consent.
• To authorized personnel or service providers who are bound by confidentiality obligations.

This obligation survives the termination of these Terms.

15. Data Backup and Recovery

AkwaSync performs routine backups to support business continuity. While reasonable efforts are made to preserve Client data, the Client is encouraged to maintain its own copies of critical information where appropriate.

16. Limitation of Liability

To the fullest extent permitted by law, AkwaSync shall not be liable for:

• Indirect or consequential damages.
• Loss of profits or revenue.
• Business interruption.
• Loss of goodwill.
• Data loss caused by unauthorized user actions, third-party systems, or events beyond AkwaSync's reasonable control.

AkwaSync's total liability under these Terms shall not exceed the fees paid by the Client for the Services during the twelve (12) months preceding the event giving rise to the claim, unless otherwise agreed in writing.

17. Indemnification

The Client agrees to indemnify and hold AkwaSync harmless from claims, damages, or liabilities arising from:

• The Client's misuse of the Services.
• Violation of these Terms.
• Infringement of third-party rights.
• Unlawful collection or processing of data by the Client.

18. Suspension and Termination

AkwaSync may suspend or terminate access where:

• The Client breaches these Terms.
• Fees remain unpaid after reasonable notice.
• Continued access poses a security or legal risk.
• Required by law.

The Client may terminate its subscription in accordance with the applicable service agreement.

Upon termination, access to the Services will cease. Subject to contractual terms, the Client may request an export of its data before deletion.

19. Changes to the Services

AkwaSync may improve, update, or modify the Services from time to time to enhance security, functionality, performance, or compliance. Material changes that significantly affect the Client's use of the Services will be communicated where reasonably practicable.

20. Force Majeure

Neither party shall be liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, acts of government, labor disputes, internet outages, cyberattacks, or failures of third-party service providers.

21. Governing Law and Dispute Resolution

These Terms shall be governed by the laws specified in the Client's service agreement.

The parties agree to first attempt to resolve any dispute through good-faith negotiations before pursuing mediation, arbitration, or litigation, as applicable.

22. Amendments

AkwaSync may revise these Terms from time to time. Material changes will be communicated through the platform, email, or other reasonable means.

Continued use of the Services after the effective date of the revised Terms constitutes acceptance of the updated Terms.

23. Contact Information

For questions regarding these Terms or the Services, Clients should contact the AkwaSync support team using the contact details provided in their service agreement or through the official support channels.

Acknowledgement

By using AkwaSync, the Client acknowledges that it has read, understood, and agrees to be bound by these Terms of Service.

The Client further confirms that it is responsible for ensuring that all Authorized Users comply with these Terms and with all applicable laws governing the use of the platform.