Third River Solutions Terms of Service

Last Updated: February 2, 2026

Welcome to Third River Solutions. These Terms of Service ("Terms") govern your access to and use of our website, services, and software development solutions. By engaging with our services, you agree to be bound by these Terms.

1. ACCEPTANCE OF TERMS

By accessing or using Third River Solutions' services, including our website at https://thirdriver.io/, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use our services.

2. SERVICES PROVIDED

Third River Solutions provides custom software development services, including but not limited to:

• Custom software development and engineering
• Mobile application development (iOS, Android, and cross-platform)
• Web application development and design
• Cloud solutions and infrastructure
• API development and integration
• IT consultancy and digital transformation services
• Software maintenance and support

3. PROJECT ENGAGEMENT

3.1 Proposals and Contracts

All project engagements begin with a detailed proposal outlining scope, timeline, deliverables, and costs. A signed contract or statement of work is required before project commencement.

3.2 Client Responsibilities

Clients are responsible for:

• Providing accurate project requirements and timely feedback
• Supplying necessary assets, content, and credentials
• Designating a point of contact for project communications
• Making timely payments according to agreed schedules
• Providing access to necessary systems and environments

3.3 Change Requests

Changes to project scope, features, or requirements after contract signing may result in additional costs and timeline adjustments. All change requests must be submitted in writing and approved by both parties.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Client-Owned IP

Upon full payment, clients receive ownership of custom code and deliverables created specifically for their project, excluding any pre-existing or third-party components, frameworks, libraries, or tools.

4.2 Third River-Owned IP

Third River Solutions retains ownership of:

• Pre-existing code, tools, frameworks, and methodologies
• Reusable components and libraries
• General knowledge and experience gained
• Portfolio rights to showcase completed work (unless otherwise agreed)

4.3 Third-Party Components

Projects may incorporate third-party open-source software, libraries, and frameworks. Clients are responsible for complying with applicable licenses and terms.

5. PAYMENT TERMS

5.1 Pricing and Invoicing

Project pricing is determined based on scope, complexity, and timeline. Payment schedules are outlined in project contracts and typically follow milestone-based or time-and-materials structures.

5.2 Payment Methods

We accept bank transfers, mobile money (M-Pesa), and other agreed-upon payment methods. All amounts are quoted in Kenyan Shillings (KES) or US Dollars (USD) as specified in the contract.

5.3 Late Payments

Invoices are due within the period specified in the contract. Late payments may result in suspension of services and may incur late fees of 2% per month on outstanding balances.

5.4 Deposits and Advance Payments

Most projects require an initial deposit (typically 30-50% of project value) before work commences. Deposits are non-refundable once work has begun.

6. WARRANTIES AND DISCLAIMERS

6.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. Software deliverables will substantially conform to agreed specifications.

6.2 Bug Fixes and Support

Bug fixes for defects in deliverables are provided free of charge for a period specified in the contract (typically 30-90 days post-delivery). Extended support and maintenance are available under separate agreements.

6.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT RESULTS WILL MEET CLIENT'S EXPECTATIONS.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIRD RIVER SOLUTIONS' TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

8. CONFIDENTIALITY

Both parties agree to maintain confidentiality of proprietary information shared during the engagement. We implement reasonable security measures to protect client data and will not disclose confidential information to third parties without authorization, except as required by law.

9. DATA PROTECTION AND PRIVACY

We are committed to protecting personal data in accordance with applicable laws, including the Kenya Data Protection Act, 2019. Our collection and use of personal information is governed by our Privacy Policy, available at https://thirdriver.io/privacy-policy/.

10. TERMINATION

10.1 Termination for Convenience

Either party may terminate a project with written notice as specified in the contract. Client remains responsible for payment of all work completed and expenses incurred up to the termination date.

10.2 Termination for Cause

Either party may terminate immediately for material breach if the breaching party fails to cure the breach within 15 days of written notice.

11. INDEMNIFICATION

Client agrees to indemnify and hold harmless Third River Solutions from any claims, damages, or expenses arising from: (a) Client's use of deliverables, (b) Client-provided content or materials, (c) Client's violation of applicable laws, or (d) Client's breach of these Terms.

12. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, government actions, pandemics, internet service failures, or other force majeure events.

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to mediation in Nairobi, Kenya, before resorting to litigation in Kenyan courts.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with any project-specific contracts and statements of work, constitute the entire agreement between parties and supersede all prior communications and proposals.

14.2 Amendments

We may update these Terms from time to time. Continued use of our services after changes constitutes acceptance of modified Terms. Material changes will be communicated to active clients.

14.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Assignment

Clients may not assign rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to affiliates or in connection with a merger or sale of business.

14.5 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15. CONTACT INFORMATION

For questions about these Terms of Service, please contact us: