Terms and conditions

Full terms and conditions

These Terms of Service form a legally binding agreement between Purple Cloud Ltd, which manages and operates Purple Router Kenya ("Purple Cloud", "we", "us", "our"), and the business that registers for, accesses or uses Purple Router ("you", "your").

1. Definitions

• "Service" means Purple Router, including the dashboard, RADIUS, payment, messaging, router management and finance features, websites, apps, scripts, APIs, documentation and support.
• "Account" means your Purple Router account.
• "Account Owner" means the business that holds the Account and its nominated administrator contact person.
• "Router Licence" means the right to use the Service for one router, charged per router per billing period.
• "Fees" means the amounts you pay us for the Service, including Router Licence fees.
• "Subscribers" means your own customers, to whom you provide internet service.
• "Your Data" means all data that you, your staff or your Subscribers submit to or generate in the Service.
• "Third-Party Services" means services we do not own or control, such as M-Pesa, Safaricom Daraja, banks, SMS providers and hosting providers.

2. Our relationship is with ISPs only

• The Service is provided exclusively to ISPs.
• We are not a party to any agreement between you and your Subscribers, and owe your Subscribers no duty, service, support or refund. You must handle all customer complaints and inquiries yourself.

3. Eligibility and authority

You confirm that you are acting for a business enterprise, are at least 18 years old, and have full authority to bind the business to these terms.

4. Your account and security

You must maintain active two-factor authentication (email and SMS), keep login credentials secure, assign individual staff logins, and notify us immediately of any security breach at support@purplerouter.com. Because data is end-to-end encrypted, loss of access credentials may result in unrecoverable data loss.

5. Fees, router licences and payment

• Charged per router per billing period, in advance.
• Fees are non-refundable. Non-payment or expired licences may lead to automated suspension of management tunnels or account features.
• You are responsible for all applicable taxes (such as VAT and withholding tax).

6. Intellectual property and acceptable use

• The Purple Router codebase, design and software assets remain the exclusive property of Purple Cloud Ltd.
• You agree not to reverse engineer, hack, bypass security, or use the platform for unlawful activities, unauthorised data harvesting, or in violation of Communications Authority of Kenya (CA) regulations.

7. Feature terms

In short: how each part of Purple Router works, and who is responsible for what.

7.1 Payments your Subscribers make to you

• (a) Subscriber payments, including M-Pesa through your bank, M-Pesa Express (STK push) and M-Pesa offline payments using your own Paybill and Daraja keys, are processed by Third-Party Services and settle directly to your bank account or Paybill. We do not receive, hold, control or transfer your Subscribers’ money, and we are not a payment service provider.
• (b) You are responsible for your bank account, Paybill, Daraja credentials and their security, and for reconciling every payment, including unallocated payments, overpayments, reversals, refunds and disputes.
• (c) Matching, renewal and reconnection features act on information we receive from Third-Party Services. We are not liable for any loss caused by information that is inaccurate, delayed or missing, or by the acts or omissions of those providers.
• (d) The payment page shown to expired Subscribers and SMS payment links depend on your network, routers and Third-Party Services, and are not guaranteed to be available at all times.

7.2 PPPoE, RADIUS and plans

• (a) RADIUS checks logins and applies plans, speeds, burst settings, roaming rules, device limits and MAC bindings as you configure them. You are responsible for your configuration and its effect on your Subscribers.
• (b) Router capacity guidance (for example, about 500 PPPoE customers recommended per router) is guidance only. Actual capacity depends on your hardware, configuration and traffic.

7.3 IP addresses and IP blocks

• You are responsible for obtaining the right to use all IP addresses and blocks you add to the Service, and for their lawful use. Warnings about IP block usage are provided as a convenience and are not guaranteed.

7.4 Router linking, Lock mode and remote access

• (a) By linking or reprovisioning a router, you authorise us to connect to it through a secure WireGuard tunnel and to read and change its configuration as needed to provide the Service.
• (b) If you enable Lock mode, management access such as WinBox, SSH, API and WebFig is restricted to the Purple Router tunnel. You are responsible for keeping your own means of emergency access to your routers.
• (c) You remain responsible for your routers, network, equipment, power, internet links, firmware updates and any changes made by you or your personnel.

7.5 Router backups

• Router configurations are backed up automatically on a best-effort basis, currently every hour with backups kept for 48 hours. Backups are not guaranteed to be complete, current or restorable. You must keep your own copies of anything important.

7.6 Router swap and reprovisioning

• When you reprovision, we generate a script for your new router, which you run. You are responsible for confirming that the correct router and script are used. Reconnection of Subscribers depends on your network and equipment.

7.7 Messaging and SMS

• (a) You may send messages using Purple Router SMS (prepaid credit, no sender ID needed), Purple SMS (your own sender ID), Africa’s Talking or another provider through an HTTPS SMS API.
• (b) You are responsible for the content, timing and recipients of every message, for obtaining any consent required by law, and for honouring opt-outs. You must not send spam or misleading, offensive or unlawful messages.
• (c) Sender IDs are approved by networks and SMS providers, not by us. Message delivery depends on Third-Party Services and is not guaranteed.

7.8 Finance, invoices and tax

• (a) Finance features record invoices, payments, debts, voids, refunds and corrections. Records cannot be deleted, and corrections are kept with an audit trail.
• (b) You are solely responsible for the accuracy of your prices, tax rates and invoices, and for your tax filings and compliance, including any eTIMS or other tax-authority requirements. Purple Router is a tool and does not give tax, accounting or legal advice.

7.9 Customer lists, follow-up, pause and suspension

• Lists of active, online, offline, expiring, dormant, suspended and paused customers are provided to help you. Decisions to contact, pause, suspend or disconnect a Subscriber are yours alone.

7.10 Your portal, address, domain and logo

• (a) We provide a portal address on our domain, such as yourisp.purplerouter.com. The domain remains ours, and we may change it with reasonable notice.
• (a1) You may instead use your own domain, such as billing.yourisp.co.ke. You must own or have the right to use that domain, keep its registration and DNS records active and correct, and you are responsible for any downtime caused by changes to your domain or DNS. We set up and renew the SSL certificate while the domain points to us.
• (b) You confirm that you own or have the right to use any logo, name or content you upload, and you grant us a licence to display it in the Service.

7.11 Cloud hosting and self-hosting

• (a) On our cloud, we operate the infrastructure, updates and backups as part of the Service.
• (b) On Enterprise self-hosting, you are responsible for your servers, their availability, security, capacity, backups and costs, and for applying updates we provide.

7.12 Coming soon features

• Features marked coming soon, preview or beta are not commitments. They may change, be delayed or never be released, and are provided "as is" if made available. You must not rely on them when deciding to buy or keep using the Service. Examples, figures and calculators on our website, such as savings estimates, are illustrations only.

8. Copying, cloning and attacks: our right to suspend and to sue

In short: if you copy our system, or try to harm or attack it, we can shut you off at once and take legal action against you.

• (a) Prohibited acts. By signing up and accepting these Terms, you agree that you will not, directly or through anyone else: copy, clone, imitate or reproduce the Service, its software, scripts, designs, workflows, features or documentation; reverse engineer it or extract its source code, data structures or logic; use access to the Service to build, train or improve a competing product; or attack, hack, overload, probe, scan, interfere with or otherwise harm the Service, our servers, our networks or other customers.
• (b) Immediate suspension. If we reasonably believe you have done, attempted or assisted any of these acts, we may immediately suspend or terminate your Account and all access to the Service, without notice, without refund and without any liability to you.
• (c) Legal action and damages. We reserve the right to take legal action against you and any person acting with you, including to recover all damages, losses, lost revenue and costs (including legal fees and the costs of investigating and repairing any harm), to obtain injunctions or other court orders to stop the conduct, and to report the matter to the police and other authorities, including under the Computer Misuse and Cybercrimes Act, 2018 and the Copyright Act of Kenya.
• (d) Evidence. We may preserve logs, records and other evidence relating to the conduct, and disclose them to our advisers, the courts and the authorities.
• (e) These rights are in addition to every other right and remedy we have under these Terms and the law, and they continue after your Account ends.

9. Your data: export, migration and deletion

In short: export your own data while your account is active. We do not export it for you, and when your account closes we delete it.

• 9.1 You keep your own copies. It is your responsibility to export, back up and keep your own copies of Your Data at all times while your Account is active.
• 9.2 No export service. We do not provide data exports, data migration or data recovery services, whether during your subscription, at the end of it or after it.
• 9.3 Migrating away. If you move to another system, you must export and migrate Your Data yourself, at your own cost, before your Account is closed or your Router Licences expire.
• 9.4 Deletion. When your Account is closed, cancelled or terminated for any reason, we may permanently delete Your Data straight away, without further notice and without any obligation to keep, return or recover it. The only exception is the records described in our Privacy Policy that we keep for billing, tax and legal reasons.
• 9.5 No recovery. Because Your Data is end-to-end encrypted, deleted data, and data you can no longer access because you lost your credentials, cannot be recovered by us.
• 9.6 We are not liable for any loss arising from your failure to export or keep copies of Your Data.

10. Indemnity

You will defend, indemnify and hold harmless Purple Cloud Ltd and its directors, officers, employees, agents and partners from and against all claims, demands, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: your use of the Service; your services to your Subscribers; any claim by a Subscriber; Your Data; messages sent from your Account; your routers and network; your breach of these Terms; or your breach of any law or third-party right.

11. Limitation of liability and disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by Kenyan law, Purple Cloud Ltd excludes liability for indirect, incidental, special or consequential damages (including lost profits or uncollected subscriber payments). Total cumulative liability shall not exceed the fees paid by you in the preceding 3 months.

12. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of Kenya. Any unresolved disputes shall be referred to arbitration in Nairobi under the rules of the Nairobi Centre for International Arbitration (NCIA).

13. Contact information

Purple Cloud Ltd (Purple Router Kenya)
Email: support@purplerouter.com