Terms of Service
Last Updated: January 2025
1. Acceptance of Terms
By accessing and using this Point of Sale (POS) system ("Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use this Service.
These Terms of Service constitute a legally binding agreement between you (the "User" or "Merchant") and the service provider.
2. Use License
Permission is granted to use this POS system for legitimate business operations within your organization. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time.
2.1 Permitted Use
You may use the Service to:
- Process sales transactions
- Manage inventory and products
- Track customer information
- Generate sales reports and analytics
- Accept M-Pesa payments
2.2 Prohibited Activities
Under this license you may not:
- Modify, copy, or reverse engineer any part of the system
- Use the Service for any illegal or fraudulent activities
- Attempt to gain unauthorized access to other users' accounts
- Introduce viruses, malware, or harmful code
- Remove any copyright or proprietary notices
- Transfer or sublicense your access to third parties
- Use the Service to process stolen payment information
3. User Accounts and Security
3.1 Account Registration
When you create an account, you must provide accurate, complete, and current information. You agree to:
- Provide truthful registration information
- Maintain and update your account information
- Keep your login credentials confidential
- Notify us immediately of any unauthorized access
3.2 Account Responsibility
You are solely responsible for:
- All activities that occur under your account
- Maintaining the security of your password
- Any consequences resulting from account sharing
- Ensuring only authorized personnel access your account
4. Payment Processing and M-Pesa Integration
4.1 M-Pesa Transactions
This Service integrates with M-Pesa for payment processing. By using M-Pesa functionality:
- You agree to comply with all Safaricom M-Pesa terms and conditions
- You acknowledge that M-Pesa transactions are subject to Safaricom's policies
- You understand that transaction fees may apply as per M-Pesa rates
- You accept that we are not responsible for M-Pesa service interruptions
- You must have a valid M-Pesa business account (Paybill or Till Number)
4.2 Transaction Accuracy
You are responsible for:
- Verifying all transaction amounts before processing
- Ensuring customer phone numbers are correct
- Maintaining accurate records of all sales
- Resolving any payment disputes with customers
Important: We do not handle or store your M-Pesa business credentials. All payment processing is done through secure Safaricom APIs.
5. Data and Privacy
5.1 Your Data
You retain ownership of all data you input into the Service, including:
- Product information
- Customer details
- Sales records
- Inventory data
5.2 Data Protection
We are committed to protecting your data in accordance with the Kenya Data Protection Act, 2019. Please refer to our Privacy Policy for detailed information.
5.3 Data Backup
While we implement backup procedures, you are encouraged to maintain your own records and backups of critical business data.
6. Service Availability
6.1 Uptime
We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be unavailable due to:
- Scheduled maintenance
- Emergency repairs
- Internet connectivity issues
- Force majeure events
6.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice.
7. Fees and Payments
7.1 Subscription Fees
Use of this Service may be subject to subscription fees. You agree to:
- Pay all applicable fees on time
- Provide valid payment information
- Accept fee changes with 30 days notice
7.2 Late Payments
Failure to pay fees may result in service suspension or account termination.
8. Compliance with Laws
8.1 Kenyan Laws
You agree to comply with all applicable Kenyan laws, including but not limited to:
- Tax laws (VAT, Income Tax, etc.)
- Kenya Data Protection Act, 2019
- Business licensing requirements
- Consumer protection laws
- Anti-money laundering regulations
8.2 Tax Obligations
You are solely responsible for:
- Filing accurate tax returns
- Maintaining proper financial records
- Remitting taxes to Kenya Revenue Authority (KRA)
- Issuing compliant receipts to customers
9. Intellectual Property
The Service and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, and other intellectual property laws.
10. Limitation of Liability
10.1 Disclaimer
The Service is provided "as is" without warranties of any kind, either express or implied. We do not warrant that:
- The Service will meet your specific requirements
- The Service will be uninterrupted or error-free
- Results obtained will be accurate or reliable
- Any errors will be corrected
10.2 Liability Limitations
To the maximum extent permitted by law, we shall not be liable for:
- Any indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Data loss or corruption
- Third-party services (including M-Pesa)
- User errors or negligence
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your business operations and transactions
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us. Upon termination:
- Your access will be immediately revoked
- You may request export of your data within 30 days
- No refunds will be issued for partial subscription periods
12.2 Termination by Us
We may terminate or suspend your account immediately if you:
- Breach these Terms
- Engage in fraudulent activities
- Fail to pay applicable fees
- Violate applicable laws
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.
13.2 Arbitration
Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the Arbitration Act, 1995 of Kenya.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of significant changes via:
- Email to your registered address
- In-app notifications
- Website announcements
Continued use of the Service after changes constitutes acceptance of the modified Terms.
15. Contact Information
For questions about these Terms, please contact us at:
- Email: support@pesapos.co.ke
- Phone: +254 741486427
- Address:Nairobi, Kenya
16. Miscellaneous
16.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Service.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
16.3 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.