Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of websites, systems, point-of-sale (POS) software, SMS/messaging services, and related support provided by Delphic Craft ("we", "us", "our"). By engaging Delphic Craft, using a system we operate, or accessing our website, you agree to these Terms. If you do not agree, please do not use our services.

2. Our services

Delphic Craft designs, builds, and supports:

• Custom websites and web applications
• Custom business systems (booking, inventory, staff management, member and recruitment platforms, and similar tools)
• Point-of-sale (POS) software for retail, bars, and restaurants
• SMS and messaging integrations, including bulk messaging, automated alerts, and verification codes

The specific scope, deliverables, timeline, and pricing for any project are agreed separately in a proposal, quote, or contract between Delphic Craft and the client. Where this document and a signed project agreement conflict, the signed agreement governs for that project.

3. Accounts & access

Where we provide a system with user accounts, you are responsible for maintaining the confidentiality of login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorised use or suspected security breach.

4. SMS & messaging use

If your project includes SMS, WhatsApp, or other messaging features, you agree to:

• Only send messages to recipients who have given appropriate consent or who have an existing relationship that permits such communication
• Comply with applicable telecommunications, data protection, and anti-spam laws, and with the policies of any messaging platform used (including Meta's WhatsApp Business Platform policies and Africa's Talking or other carrier terms)
• Not use messaging features to send unsolicited marketing, fraudulent content, or any unlawful material
• Honour opt-out requests (such as replies of STOP) promptly

We reserve the right to suspend messaging features for any account found to violate these requirements or the policies of our messaging providers.

5. Payment & project terms

Pricing, payment schedules, and milestones are set out in the relevant quote or project agreement. Unless otherwise agreed in writing:

• A deposit may be required before work begins
• Ongoing systems (such as SMS credit, hosting, or maintenance plans) are billed according to the agreed plan
• Late payment may result in suspension of services, including hosting, SMS sending, or system access, until accounts are settled

6. Intellectual property & ownership

Unless otherwise agreed in writing, upon full payment, the client owns the final delivered website, system, or software built specifically for them. Delphic Craft retains ownership of its own pre-existing tools, frameworks, code libraries, and general know-how used to build the deliverable, and may reuse such underlying components in future projects. We do not claim ownership of client data, content, or branding supplied to us.

7. Acceptable use

You agree not to use our websites, systems, or messaging services to:

• Violate any applicable law or regulation
• Transmit malicious code, attempt unauthorised access, or disrupt the operation of our or any third party's systems
• Send spam, fraudulent, deceptive, or harassing communications
• Infringe on the intellectual property or privacy rights of others

8. Warranties & disclaimers

We aim to build reliable, well-tested systems and will address defects identified within the warranty period set out in your project agreement. Outside of any specific written warranty, our services are provided "as is" without warranties of any kind, express or implied, including fitness for a particular purpose, to the extent permitted by law.

9. Limitation of liability

To the extent permitted by law, Delphic Craft's total liability for any claim arising from our services is limited to the amount paid by the client for the specific service giving rise to the claim. We are not liable for indirect, incidental, or consequential damages, including loss of profits or data, except where such limitation is not permitted by law.

10. Termination

Either party may terminate an ongoing services agreement in accordance with the notice terms set out in the project agreement. We may suspend or terminate access to systems or messaging services where these Terms, payment terms, or platform policies (such as those of Meta or telecom carriers) are violated.

11. Governing law

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict of law principles, unless a separate project agreement specifies otherwise.

12. Changes to these terms

We may update these Terms from time to time. The "last updated" date above reflects the most recent revision. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.

13. Contact us

Questions about these Terms can be directed to: