Terms of Service

Drift Nimbus Terms of Service

Effective Date: June 23, 2025

Welcome to Drift Nimbus! These Terms of Service (“TOS”) govern your access to and use of all services, products, and websites provided by Drift Nimbus (Pvt) Ltd, a company legally registered in Zimbabwe (“Drift Nimbus,” “we,” “us,” or “our”). By accessing or using any of our services, you agree to be bound by these TOS. If you do not agree with any part of these terms, you may not use our services.

1. Definitions

• “Services” refers to all products and offerings provided by Drift Nimbus, including but not limited to Nimbus Dashboard, Nimbus Mail, Nimbus Books, Kuona Website Builder, Nimbus Sales, hosting services, and related support.

• “User,” “You,” “Your” refers to any individual or entity accessing or using the Services.

• “Website” refers to www.driftnimbus.com and any associated subdomains.

2. Eligibility and Account Creation

To access and use our Services, you must be at least 18 years of age and capable of forming a binding contract under Zimbabwean law. If you are under 18, you may use our Services only with the involvement and consent of a parent or guardian. When creating an account, you agree to provide accurate, current, and complete information and to keep this information updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.

3. Drift Nimbus Services

Drift Nimbus provides a suite of solutions designed to make IT easy for your business:

• Nimbus Dashboard: A stand-alone control center providing comprehensive hosting control, email management, space usage monitoring, invoicing, file transfer, and internal chat functionalities.

• Nimbus Mail: An all-in-one platform for your emails with an intuitive interface, integrating our mail services and allowing the addition of other SMTP-based services.

• Nimbus Books: Account management software for small businesses, facilitating invoicing, expense logging, supplier management, and essential reporting functions.

• Kuona Website Builder: A drag-and-drop website builder for creating modern, responsive websites, featuring an AI Wizard for theme selection and extensive customization options.

• Nimbus Sales: A sales tracking application enabling sales teams to manage pipelines, customer data, customize stages, and calculate sales commissions.

We strive to provide reliable and efficient services. While we aim for high availability, service interruptions may occur due to maintenance, technical issues, or other factors.

4. User Responsibilities and Acceptable Use Policy (AUP)

You agree to use the Services in compliance with all applicable Zimbabwean laws and regulations, these TOS, and our Acceptable Use Policy (AUP). Your use of the Services must not infringe upon the rights of others, including intellectual property rights.

Prohibited Activities include, but are not limited to:

• Engaging in any illegal activity, including fraud, harassment, or distribution of illegal content.

• Uploading, posting, or transmitting any material that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.

• Distributing malware, viruses, or any other malicious code.

• Sending unsolicited bulk email (“spam”).

• Attempting to gain unauthorized access to any system or network.

• Interfering with or disrupting the integrity or performance of the Services.

Content Ownership and Responsibility: You retain ownership of all content you upload, store, or transmit through our Services. You are solely responsible for the legality, accuracy, and appropriateness of your content.

Security: You are responsible for maintaining the security of your account and any data stored on our Services. You agree to promptly notify Drift Nimbus of any unauthorized access or use of your account.

5. Payment and Billing

All Services are provided on a pre-paid basis unless otherwise agreed. You agree to pay all applicable fees and charges for Services purchased from Drift Nimbus. Payments are non-refundable unless otherwise stated in a specific service agreement. Drift Nimbus reserves the right to change its prices and billing methods at any time upon notice to you. Failure to pay for Services may result in the suspension or termination of your account.

6. Domain Name Registration

If you register a domain name through Drift Nimbus, you agree to comply with the terms and conditions set forth by the relevant domain name registry, ICANN (Internet Corporation for Assigned Names and Numbers), and Zimbabwean regulatory bodies. These include, but are not limited to, regulations from the Zimbabwe Internet Service Providers Association (ZISPA), accessible at https://zispa.org.zw/, and the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ), accessible at https://www.potraz.gov.zw/. Domain registration information may be made publicly available through “WHOIS” searches, as required by industry standards. Drift Nimbus is not responsible for the use of WHOIS information by third parties.

7. Intellectual Property Rights

All content, trademarks, service marks, and logos on the Drift Nimbus Website and Services (excluding User Content) are the property of Drift Nimbus or its licensors and are protected by Zimbabwean and international intellectual property laws. You may not use any of our intellectual property without our prior written consent. You grant Drift Nimbus a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing the Services to you.

8. Data Privacy and Security

Your privacy is important to us. Our collection, use, and protection of your personal information are governed by our separate Privacy Policy, available on our Website. By using our Services, you consent to the data practices described in our Privacy Policy. We implement security measures, including SSL encryption, to protect your data. In the event of a data breach, we will notify affected parties and authorities as required by law.

9. Termination of Services

• By You: You may cancel your Services at any time by contacting our support team or through your account management portal.

• By Drift Nimbus: We may suspend or terminate your account and access to Services immediately, without prior notice or liability, if you breach these TOS, including non-payment of fees, or if your activities are deemed harmful to Drift Nimbus, its users, or third parties. We also reserve the right to terminate services for any reason upon providing reasonable notice.

Upon termination, your right to use the Services will immediately cease.

10. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DRIFT NIMBUS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRIFT NIMBUS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TOS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO DRIFT NIMBUS FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM AROSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Drift Nimbus, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these TOS or your use of the Services, including, but not limited to, your user content, any use of the Services’ content, services, and products other than as expressly authorized in these TOS, or your use of any information obtained from the Services.

12. Governing Law and Dispute Resolution

These TOS shall be governed and construed in accordance with the laws of Zimbabwe, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these TOS or the Services shall be settled by amicable negotiation. If a resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts of Zimbabwe.

13. Changes to the Terms of Service

Drift Nimbus reserves the right to revise, amend, or change these TOS at any time and in any manner by posting such changes on our Website. We encourage you to periodically check our Website for changes to these TOS, as your continued use of the Services following the posting of any changes will constitute your acceptance of such changes. The operative and effective version of these TOS will be the latest version available on the Website.

14. Contact Us

If you have any questions or concerns regarding these Terms of Service, please contact us at:

Email: info@driftnimbus.com Website: www.driftnimbus.com