TERMS OF USE

ZAFY TODY Incubation Program
Version: 1.0 — Date: 25/09/2025

1. Purpose

These Terms of Use (the “ToU”) govern access to and use of the incubation program, premises, tools, and services provided by ZAFY TODY sarlu (“Zafy Tody”) to selected startups and project holders (the “Incubatee”). The ToU complement and do not replace the Incubation Agreement signed with each Incubatee; in case of conflict, the Agreement prevails.

2. Definitions

Incubation Program: a structured support pathway in several phases, with a target duration of 12 months.
Incubatee: startup, founding team, or project holder admitted to the program.
Resources: premises, rooms, internet access, software tools, hardware, and services made available.
Deliverables: documents and outputs required at each phase (e.g., BM/BP, MVP, GTM, etc.).
KPIs: performance indicators used for program and Incubatee monitoring.

3. Acceptance of the ToU

Access to the program and use of the Resources implies unconditional acceptance of the ToU by the Incubatee. Any serious and repeated breach of the ToU and/or the Agreement may lead to exclusion from the program after a due‑process procedure.

4. Eligibility, admission, and schedule

4.1 Eligibility and process — Admission follows a call for applications and a selection based on criteria published by Zafy Tody.
4.2 Program duration — The program is organized into 4 stages (ideation/business modeling, MVP, go‑to‑market, formalization & fundraising) over a maximum duration of 12 months (4×3‑month phases).
4.3 Onboarding — A two‑day onboarding presents the program, expectations, commitments, and finalization of contractual documents.

5. Nature of services and financial principle

5.1 Principle — Zafy Tody’s incubation program is free of charge and takes no equity in Incubatees.
5.2 Typical services — Workshops & training, coaching and mentoring, events (demo day, B2B), networking, KPI‑based monitoring, access to Resources and collaboration tools.

6. Zafy Tody’s commitments

Zafy Tody undertakes to:

7. Incubatee’s commitments

The Incubatee undertakes to:

8. Deliverables and milestones

Without limitation, Deliverables per Incubatee include: ideation (Working Backwards/innovation), Business Model & Business Plan, MVP, go‑to‑market strategy & initial sales, legal formalization of the entity, fundraising readiness. Formats, templates, submission/validation modalities, and acceptance criteria are communicated by Zafy Tody at the start of each phase.

9. KPIs and evaluation

KPIs measure the commitment and results of the program and Incubatees (e.g., attendance rate, satisfaction, milestone progress, formalization, jobs, funds raised, revenue). The Incubatee authorizes the collection of necessary data and undertakes to provide accurate and up‑to‑date information.

10. Resources provided & usage rules

10.1 Premises & hours — Workstations, equipped rooms, shared spaces; access to premises according to days and time slots communicated by Zafy Tody.
10.2 Rooms & equipment — Prior booking via the indicated calendar; restore rooms to original state after use; report any incident immediately.
10.3 Connectivity — Wi‑Fi access provided under the following rules: responsible use, no unlawful activities, no intentional network overload.
10.4 Safety & security — Respect safety instructions concerning people and property; Zafy Tody may restrict access in case of non‑compliance or risk.
10.5 Perks — Certain benefits may be offered (at Zafy Tody’s discretion) and remain revocable.

11. Tools and communication channels

11.1 Platforms — Zafy Tody may provide an internal tracking tool (e.g., “Zafy Tody Online”) and uses Google Workspace (Docs, Sheets, Slides, Calendar, Meet, Gmail) and WhatsApp groups for coordination.
11.2 Good practices — The Incubatee ensures quality interactions, adheres to moderation rules, and keeps shared information updated.
11.3 Credentials & security — Accounts provided are strictly personal; the Incubatee protects access and reports any security incident without delay.

12. Personal data & confidentiality

12.1 Data — Zafy Tody processes data necessary for application evaluation, program execution, and monitoring (KPIs).
12.2 Legal basis — Consent, contractual performance, or legitimate interest, as applicable.
12.3 Purposes — Selection, coaching/mentoring, monitoring & reporting, institutional communication, administrative and compliance obligations.
12.4 Retention — For the duration of the program, extended by legal obligations or post‑incubation follow‑up.
12.5 Confidentiality — Zafy Tody and the Incubatee are bound by confidentiality regarding non‑public information exchanged under the program, per the Incubation Agreement.
12.6 Rights — Access, rectification, erasure, objection, restriction; contact: contact@zafytody.mg.

13. Intellectual property

13.1 Incubatee creations — The Incubatee retains ownership of rights over its creations (code, designs, trademarks, content).
13.2 Zafy Tody elements — Zafy Tody’s trademarks, logos, content, and documents remain its property; any use requires prior written authorization.
13.3 Licenses — Third‑party tools and content are subject to their respective licenses.

14. Image rights & communication

Zafy Tody may cover its activities (photos/videos/testimonials) for its media (website, social networks, reports). The Incubatee may be asked to authorize the use of its image, logo, and quotations for program and ecosystem promotion. The Incubatee agrees to comply with the brand guidelines and communication instructions when referencing Zafy Tody.

15. Code of conduct and ethics

Prohibited: inappropriate behavior, discrimination, harassment, unlawful activities, fraud, counterfeiting, attacks on information systems, abusive use of Resources, defamatory statements. Zafy Tody may take any appropriate measures (warning, access restriction, reporting, exclusion).

16. Disclaimers and liability

The program is provided “as is.” Zafy Tody does not guarantee the obtaining of funding, commercial success, nor the absence of interruptions. Zafy Tody’s liability may only be engaged in the event of proven and direct fault. The Incubatee is responsible for its decisions, content, processing, and legal obligations (social, tax, regulatory, etc.).

17. Claims procedure

Any claim related to the program or disbursements (where applicable) follows the handling channels made available by Zafy Tody and/or the relevant partners. Requests must be made in writing and with reasons.

18. Termination – Exit from incubation

18.1 Normal end — At the end of the cohort, a review is carried out with post‑incubation recommendations and integration into the alumni network.
18.2 Breaches — In case of repeated absences, missing Deliverables, rule violations, or serious breaches, Zafy Tody may initiate an exclusion process: notification, remediation attempt (coaching/measures), reasoned decision.
18.3 Effects — Return of access and equipment, closure of accounts and data backup by the Incubatee, settlement of ongoing matters.

19. Post‑incubation follow‑up

Zafy Tody may offer post‑incubation follow‑up (periodic sessions, access to the alumni network, visibility and networking opportunities) under modalities defined by the incubator.

20. Amendments to the ToU

Zafy Tody may amend the ToU for organizational, legal, or continuous improvement reasons. Incubatees are informed of material changes via usual channels (email, WhatsApp, shared document). The updated version applies as from its communication.

21. Governing law – Jurisdiction

These ToU are governed by Malagasy law. Any dispute relating to their performance or interpretation, not resolved amicably, will be submitted to the competent courts of Antananarivo.

22. Contact

ZAFY TODY sarlu — Logement 37 Cité Ampefiloha, Antananarivo.
Email: contact@zafytody.mg — Tel.: +261 20 76 788 27.

Appendix A — Summary of main Deliverables (indicative)

Appendix B — Rules for using Resources (extract)

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