Terms of Service

This agreement is between Rechargely ("Rechargely", "we", "us", or "our") and you, the customer ("Customer", "you", or "your"). By using the Service or clicking "agree", you accept these terms. If agreeing on behalf of an employer or organisation, you represent having the necessary authority to do so.

1. Software-as-a-Service

This agreement provides you with access to the Rechargely internet-based airtime recharge and distribution platform ("Service") as outlined at rechargely.online.

2. Use of Service

2.1 Customer Owned Data: All data you upload to the platform remains your property. Rechargely receives rights to use and process your data solely for the purpose of performing under this agreement and delivering the Service.

2.2 Authorised Users: You may allow employees, contractors, or other authorised users to access the Service in compliance with these terms, solely for your benefit. You remain responsible for all authorised users' compliance with this agreement.

2.3 Customer Responsibilities: You must (i) keep passwords secure and confidential; (ii) remain solely responsible for your data and all account activity; (iii) use reasonable efforts to prevent unauthorised access and promptly notify Rechargely of any security breaches; and (iv) use the Service in accordance with applicable laws and regulations.

2.4 Technical Support: Rechargely provides customer support via email at support@rechargely.online.

2.5 API Access: Where Rechargely provides application programming interface (API) access, you receive a non-exclusive, non-transferable, terminable licence to interact with the API only for purposes of using the Service. You may not use the API in violation of technical documentation. Violations may result in temporary or permanent suspension of API access. Rechargely may change or remove API endpoints with 30 days' notice, using commercially reasonable efforts to support previous versions for at least 6 months.

2.6 Publicity: You may state that you use the Service. Rechargely may include your name and trademarks in customer lists on our website or promotional materials, and may verbally reference you as a customer. You may opt out by contacting support.

3. Airtime Recharge Services

3.1. Rechargely facilitates the purchase and distribution of airtime across supported mobile network operators in Zimbabwe. Transactions are processed in real-time and are subject to network availability.

3.2. Once an airtime recharge transaction has been successfully processed and delivered to the recipient mobile number, it is non-refundable.

3.3. You are responsible for ensuring the accuracy of recipient phone numbers and recharge amounts before confirming transactions.

3.4. Rechargely does not guarantee uninterrupted availability of airtime recharge services, as delivery depends on third-party mobile network operator systems.

4. Disclaimer

RECHARGELY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. While Rechargely takes reasonable physical, technical, and administrative measures to secure the Service, it DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. The Service MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.

5. Payment

5.1. You must pay all fees as specified on orders or within the payment terms agreed upon. You are responsible for all applicable taxes.

5.2. Payment methods include those made available through the Rechargely platform, including bank transfers, mobile money, and other methods as supported.

5.3. Wallet balances loaded onto the platform are used to fund airtime recharge transactions. Wallet balances are non-transferable except as facilitated through the platform's features.

6. Confidentiality

6.1 Definition: Confidential Information means non-public information disclosed orally or in writing that is designated as confidential or reasonably understood as confidential given its nature and the circumstances of disclosure. Rechargely's Confidential Information includes the Service, user interface design, layout, and pricing.

6.2 Protection: Each party must use the same care protecting the other party's Confidential Information as it uses for its own (but at least reasonable care), avoiding disclosure or use outside this agreement's scope.

6.3 Exclusions: Confidential Information excludes information that: (i) becomes generally known publicly without breaching obligations; (ii) was known before disclosure; (iii) is received from third parties without obligation breaches; or (iv) was independently developed.

7. Proprietary Property

7.1 Reservation of Rights: The software, workflow processes, user interface, designs, know-how, and other technologies provided by Rechargely as part of the Service are the proprietary property of Rechargely and its licensors. All intellectual property rights remain with Rechargely. You may not remove or modify proprietary markings.

7.2 Restrictions: You may not (i) sell, resell, rent, or lease the Service, or use it as a service bureau; (ii) store or transmit infringing, unlawful, or objectionable material; (iii) interfere with the Service's integrity or performance; (iv) attempt unauthorised access to the Service or related systems; (v) reverse engineer the Service; or (vi) access the Service to build a competitive product or copy features for competitive purposes.

7.3 Aggregate Data: Rechargely may use non-personally identifiable data during and after the agreement term for enhancing the Service, statistical analysis, and other business purposes.

8. Term and Termination

8.1 Term: This agreement continues until terminated by either party.

8.2 Termination for Breach: If either party materially breaches this agreement, the other party may terminate after providing written 30-day notice if the breach remains uncured.

8.3 Suspension for Non-Payment: Rechargely may temporarily suspend or terminate the Service if your payment is more than 15 days past due.

8.4 Customer Data After Termination: Your data remains available for 90 days following termination. After 90 days, Rechargely has no obligation to maintain your data and may destroy it.

8.5 Suspension for Violations of Law: Rechargely may temporarily suspend the Service or remove your data if it believes you have violated applicable laws. Rechargely will attempt to contact you in advance.

9. Limitation of Liability

9.1 Exclusion of Indirect Damages: RECHARGELY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF DATA, RECORDS OR INFORMATION; AND LOST PROFITS), EVEN IF IT KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

9.2 Total Limit on Liability: RECHARGELY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) DOES NOT EXCEED THE AMOUNT PAID BY YOU WITHIN THE 6-MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY.

10. Indemnity

If third parties bring claims against Rechargely related to your acts, omissions, data, or information within the Service, you must defend, indemnify and hold Rechargely harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

11. Governing Law

This agreement is governed by the laws of the Republic of Zimbabwe. Any legal proceedings must occur exclusively in the courts of Zimbabwe. Nothing prevents either party from seeking injunctive relief in any court of competent jurisdiction.

12. General Terms

12.1 Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements. No modification is effective unless agreed to by both parties in writing.

12.2 No Assignment: Neither party may assign or transfer this agreement to third parties, except as part of mergers or asset sales, without the other party's consent.

12.3 Independent Contractors: The parties are independent contractors.

12.4 Force Majeure: Except for payment obligations, neither party is liable for events beyond reasonable control, including natural disasters, war, government actions, or internet/telecommunications failures.

12.5 Severability: If any term is found invalid or unenforceable, the remaining terms remain in full effect.

12.6 Feedback: By submitting ideas, suggestions, or feedback to Rechargely, you agree that such submissions contain no confidential or proprietary information and you grant Rechargely a royalty-free, perpetual licence to use them for any business purpose.

13. Updates

Rechargely reserves the right to modify these terms at any time. For material changes, we will notify you on this page and via email.

14. Contact

If you have any questions about these Terms of Service, please contact us at support@rechargely.online.