Terms of Service

1. Services

Safeney builds custom AI agents and automation solutions (“the Agent”) for clients (“you”, “your”). Each engagement is governed by a Statement of Work (SOW) or project agreement that defines scope, timeline, and pricing. In the absence of a separate SOW, these Terms apply.

2. Pricing & Payment

Every project includes a build fee and a monthly retainer. Payment terms:

Deposit: 50% of the build fee is due before work starts (signed agreement required)

Final payment: 50% of the build fee is due on delivery, after the Agent is deployed and working

First retainer: Due on delivery, same time as final build payment

Ongoing retainer: Billed on the 1st of each month

API costs (OpenAI, Anthropic, etc.) are paid by you directly using your own API keys. We never mark up infrastructure costs.

3. Scope Changes

Any work outside the defined scope — new workflows, additional integrations, major logic changes — is quoted separately. We will not begin out-of-scope work without your approval and agreed pricing.

4. Ownership

Upon full payment, you own all code, configurations, and intellectual property we create for your Agent. There is no license, no lock-in, and no recurring obligation beyond the retainer for ongoing support. You may cancel anytime and retain full ownership.

5. No Guarantee on AI Output

AI models are probabilistic, not deterministic. While we build with rigorous testing, monitoring, and fallbacks, we cannot guarantee that the Agent’s output will be accurate, complete, or appropriate for every situation. You are responsible for reviewing and validating the Agent’s output in your specific context. We recommend human oversight for high-stakes decisions.

6. Limitation of Liability

To the maximum extent permitted by law, Safeney’s total liability for any claim arising from our services is limited to the total fees paid by you in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages, including lost profits, lost data, or business interruption. This limitation applies even if we have been advised of the possibility of such damages.

7. Your Responsibilities

Provide accurate information about your workflows and requirements

Grant necessary access to tools, data, and systems for the build

Create and maintain your own API keys for LLM providers

Review and approve the Agent before production deployment

Comply with all applicable laws regarding your use of the Agent

8. Confidentiality

We treat all client data, business information, and project details as confidential. We will not share, sell, or use your confidential information for any purpose other than delivering the agreed services. This obligation survives termination of our engagement.

9. Termination

Either party may terminate the retainer with 30 days written notice. Upon termination:

You receive all code and documentation for the Agent

We will assist with transition (one-time fee may apply for complex transitions)

No further retainer charges accrue after the notice period

Build fee deposits are non-refundable once work has commenced

10. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be resolved through arbitration in Nairobi, Kenya.

11. Contact

Questions about these Terms? Email support@safeney.com