Terms of Service

By creating an account or accessing the Exceptional platform ('Service'), you agree to be bound by these Terms of Service ('Terms') and our Privacy Policy. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not use the Service. ElitesGroup LTD ('we', 'us', or 'our') reserves the right to update these Terms at any time. We will notify you of material changes by email or by displaying a prominent notice within the Service.

Exceptional is a cloud-based WiFi hotspot management platform that enables operators to manage MikroTik routers and access points, collect payments via M-Pesa, generate and distribute vouchers, manage agent networks, and access analytics and reporting tools.

The Service includes access to a web-based dashboard, a branded captive portal on your assigned subdomain, RADIUS authentication integration, and M-Pesa payment processing via Safaricom's Daraja API. The specific features available to you depend on the subscription plan you have selected.

You must provide accurate, complete, and current information when registering for an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately at info@elitesgroup.co.ke if you suspect unauthorized access to your account. We are not liable for any loss or damage arising from unauthorized use of your account.

You may not share your account credentials with third parties. Each account is for the use of the business entity or individual that registered it.

Exceptional operates on a monthly subscription basis. Your subscription begins on the date you select a paid plan and is billed monthly in advance. All fees are stated in Kenyan Shillings (KES) unless otherwise specified.

We offer a 14-day free trial for new accounts on Starter and Growth plans. No payment information is required to start a trial. At the end of the trial period, you must select a paid plan to continue using the Service.

Subscriptions automatically renew each month unless cancelled. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period — you will retain access to the Service until that date. We do not provide refunds for partial billing periods.

We reserve the right to change subscription pricing with 30 days' notice. Price changes will not affect the current billing period.

Exceptional facilitates M-Pesa payments between your end users and your registered M-Pesa paybill or till number. All end-user revenue is collected directly into your M-Pesa account. Exceptional does not hold, process, or take custody of end-user revenue on your behalf.

Your use of M-Pesa through the platform is subject to Safaricom's terms and conditions. You are responsible for ensuring your M-Pesa business account is properly registered and compliant with Safaricom's requirements.

Exceptional charges its platform subscription fees separately and directly to you. Platform fees do not come out of end-user transactions.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not use the Service to provide internet access for illegal activities, distribute malware or malicious content, collect user data without proper disclosure and consent, circumvent Safaricom's M-Pesa terms or misuse the Daraja API, or resell the Exceptional platform itself to third parties as a white-labelled SaaS product.

You are responsible for ensuring that your captive portal's terms of service, pricing, and data practices are compliant with applicable Kenyan law, including the Kenya Information and Communications Act and the Data Protection Act 2019.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You represent that you have obtained any necessary consents from your end users for the collection and processing of their data through the captive portal.

You retain ownership of all data you bring to the platform, including your access point configurations, bundle pricing, agent information, and customer data. We will not use your data for any purpose other than providing and improving the Service.

You grant us a limited, non-exclusive license to process your data as necessary to provide the Service.

We target 99.9% monthly uptime for the Exceptional platform. Scheduled maintenance windows will be communicated with at least 24 hours' notice and are excluded from uptime calculations.

In the event of extended outages attributable to our infrastructure, we may offer service credits at our discretion. Outages caused by third-party services (including Safaricom, your ISP, or MikroTik firmware) are outside the scope of this SLA.

We do not guarantee uninterrupted access to the Service and are not liable for losses arising from service interruptions.

The Exceptional platform, including its software, design, trademarks, and documentation, is owned by ElitesGroup LTD and protected by intellectual property laws. These Terms do not grant you any ownership rights in the platform.

You retain ownership of your content and data. By using the Service, you grant us a limited license to host, process, and display your content solely as necessary to provide the Service to you.

You may close your account at any time by contacting us or using the account deletion option in your settings. Upon termination, your access to the Service ceases at the end of the current billing period.

We may suspend or terminate your account immediately if you breach these Terms, fail to pay subscription fees, or engage in conduct that we determine, in our sole discretion, is harmful to other users, the platform, or ElitesGroup LTD.

Upon account termination, we will retain your data for 90 days to allow for data export. After this period, your data will be permanently deleted.

To the maximum extent permitted by law, ElitesGroup LTD's total liability to you for any claims arising under these Terms shall not exceed the total subscription fees paid by you in the 12 months preceding the claim.

We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes liability for death, personal injury, or fraud caused by our negligence.

These Terms are governed by the laws of the Republic of Kenya. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

Before initiating legal proceedings, both parties agree to attempt to resolve disputes informally by contacting us at info@elitesgroup.co.ke. We will try to respond within 10 business days.

If you have questions about these Terms, please contact us at info@elitesgroup.co.ke or reach out through our contact page.