Terms and Conditions
Rules governing access to and use of AfricaLatency and related Africa Latency Ltd services.
1. About these terms
These Terms and Conditions govern your access to AfricaLatency and your use of services provided by Africa Latency Ltd, located at 1 Parklands Ave, Nairobi 00623, Kenya. By using the site or requesting a service, you agree to these terms to the extent permitted by applicable law.
2. Our services
Africa Latency Ltd provides infrastructure performance measurement, latency diagnostics, analysis, consulting, reports and related digital services. Specific paid engagements may have additional written scope, pricing, service levels or other terms. If an engagement-specific agreement conflicts with these terms, the engagement-specific agreement controls for that engagement.
3. Diagnostic and scan tool
The public diagnostic and scan tools are intended to provide technical measurements and indicative diagnostic information. Measurements can vary with network conditions, probe availability, routing, infrastructure changes and third-party service availability. Results are not a guarantee of performance, availability, security, revenue or any other business outcome.
You may submit a target to the diagnostic service only where you have the legal authority to request testing of that target. You are responsible for ensuring that your use of the scanner complies with the rights of the target owner, applicable contracts, laws and acceptable-use rules. Africa Latency Ltd does not authorize you to test systems belonging to third parties merely because the scanner can technically reach a public endpoint.
4. Acceptable use
You must not use AfricaLatency or our services to:
- test, probe, scan or monitor systems without authorization;
- conduct attacks, denial-of-service activity, exploitation, credential attacks or other abusive activity;
- attempt to bypass access controls, rate limits or security measures;
- infringe another person's intellectual property, privacy or other rights;
- submit unlawful, malicious or intentionally misleading content;
- interfere with the availability, integrity or security of our services or third-party infrastructure; or
- use the service in a way that violates applicable law or regulation.
We may restrict, suspend or refuse access where reasonably necessary to protect the service, users, third parties or our legal rights.
5. Your information and access
You are responsible for the accuracy of information you provide and for maintaining any permissions or access required for work you ask us to perform. Where you provide credentials, technical access or other confidential information for a paid engagement, you represent that you are authorized to provide that access.
6. Reports and recommendations
Our reports and recommendations are based on measurements, information and conditions available at the time of the work. They are intended to support technical and business decision-making. You remain responsible for decisions about production systems, infrastructure changes, deployments and third-party services.
7. Intellectual property
Unless otherwise agreed in writing, Africa Latency Ltd retains ownership of its website, software, diagnostic methods, tools, templates, documentation, branding, designs and other pre-existing materials. You retain ownership of materials and information you provide to us.
Subject to payment and any engagement-specific terms, you may use reports and deliverables prepared specifically for you for your internal business purposes. You must not resell, redistribute or commercially exploit Africa Latency Ltd proprietary tools, methods or materials without written permission.
8. Third-party services
Our services may depend on third-party infrastructure, measurement networks, hosting providers, analytics providers, email services or other external systems. We are not responsible for failures, outages, changes or inaccuracies originating solely from third-party services, although we will take reasonable steps to identify relevant third-party dependencies in our work.
9. Availability and changes
We aim to provide reliable services but do not promise that AfricaLatency or any diagnostic endpoint will be continuously available or error-free. We may modify, suspend or discontinue parts of the site or services when reasonably necessary for maintenance, security, development or legal reasons.
10. Limitation of liability
To the maximum extent permitted by applicable law, Africa Latency Ltd will not be liable for indirect, incidental, special, consequential or punitive losses, or for loss of profits, revenue, business, goodwill, data or anticipated savings arising from or related to your use of the site, diagnostic tools or services.
In particular, diagnostic measurements are observations of network and system conditions and should not be treated as a guarantee of the state, security or performance of any third-party system. You remain responsible for obtaining authorization before testing systems and for deciding whether and how to act on diagnostic results.
Nothing in these terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law, including liability that cannot lawfully be excluded or limited.
11. Indemnity
To the extent permitted by applicable law, you agree to be responsible for losses, claims or reasonable costs arising from your unauthorized or unlawful use of the services, your breach of these terms, or your infringement of another person's rights.
12. Confidentiality
Each party should take reasonable steps to protect confidential information received from the other party and use it only for the purpose for which it was disclosed, subject to legal obligations and any separate confidentiality agreement.
13. Payments and refunds
Paid services are subject to the price, payment timing, scope and refund terms communicated before the engagement begins. Where applicable, our Refund Policy and Service Level Agreement form part of the service terms.
14. Governing law and jurisdiction
These Terms and Conditions are governed by the laws of Kenya. Subject to any mandatory dispute-resolution procedure or mandatory jurisdiction imposed by applicable law, disputes arising from these terms or the services will be subject to the jurisdiction of the courts of Kenya.
15. Changes to these terms
We may update these terms when our services, legal requirements or operating practices change. The current version will be published on this page. Continued use after an update takes effect constitutes acceptance of the updated terms to the extent permitted by law.
16. Contact
Africa Latency Ltd
1 Parklands Ave, Nairobi 00623, Kenya
support@africalatency.dev