Terms of Service

Effective Date: January 15, 2024

Legal Agreement | Reading time: 10 minutes

Important Notice

Please read these Terms of Service carefully before using ePOS Kenya. By accessing or using our Service, you agree to be bound by these Terms.

Table of Contents

  1. Acceptance of Terms
  2. Service Description
  3. Registration & Account
  4. Payments & Billing
  5. User Conduct
  6. Intellectual Property
  7. Privacy & Data
  8. Termination
  9. Disclaimer
  10. Limitation of Liability
  11. Governing Law
  12. Changes to Terms
  13. Contact Information

1. Acceptance of Terms

By accessing and using ePOS Kenya ("Service"), you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this Service, you shall be subject to any posted guidelines or rules applicable.

If you do not agree to these Terms, you must not use our Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Service Description

ePOS Kenya provides a cloud-based Point of Sale (POS) system designed specifically for Kenyan businesses. Our Service includes:

  • Sales transaction processing and receipt generation
  • M-Pesa payment integration and processing
  • Inventory management and stock tracking
  • Customer management and loyalty programs
  • KRA-compliant tax calculation and reporting
  • Business analytics and reporting tools
  • Multi-user access with role-based permissions
  • Cloud backup and data storage

We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

3. Registration & Account

3.1 Account Creation

To use our Service, you must register for an account. You agree to provide accurate, current, and complete information during registration.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Use strong, unique passwords
  • Notify us immediately of any unauthorized use
  • Keep your contact information updated
  • Log out after each session

3.3 Business Verification

For KRA compliance, we may require business registration documents, tax PIN, and other verification information.

4. Payments & Billing

4.1 Free Trial

We offer a 14-day free trial with full access to all features. No credit card required during trial period.

4.2 Subscription Plans

After the trial period, you must select and pay for a subscription plan. Current plans include:

  • Starter: KSH 1,990/month
  • Professional: KSH 4,990/month
  • Enterprise: Custom pricing

4.3 Payment Methods

We accept payments through:

  • M-Pesa (Lipa Na M-Pesa)
  • Credit/Debit Cards (Visa, MasterCard)
  • Bank Transfers

4.4 Billing & Renewal

Subscriptions automatically renew monthly. You can cancel anytime before the next billing cycle. No refunds for partial months.

All prices are in Kenyan Shillings (KES) and include VAT where applicable.

5. User Conduct

You agree not to use the Service to:

  • Violate any Kenyan laws or regulations
  • Process fraudulent transactions
  • Engage in money laundering activities
  • Upload viruses or malicious code
  • Attempt to gain unauthorized access
  • Interfere with Service operation
  • Share account credentials
  • Use for illegal business activities

5.1 KRA Compliance

You are responsible for ensuring all transactions comply with KRA requirements. We provide tools to assist, but ultimate compliance responsibility lies with you.

6. Intellectual Property

6.1 Our Rights

The Service and its original content, features, and functionality are owned by ePOS Kenya and are protected by international copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of your business data. By using our Service, you grant us a license to store, process, and display your data to provide the Service.

6.3 Restrictions

You may not:

  • Copy, modify, or create derivative works
  • Reverse engineer or decompile the software
  • Remove any proprietary notices
  • Transfer, sublicense, or resell access

7. Privacy & Data

Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use, and protect your data.

7.1 Data Ownership

You own all data entered into the Service. We only process it to provide the Service.

7.2 Data Export

You can export your data at any time through the dashboard tools.

7.3 Data Retention

After account termination, we retain data for 30 days (for recovery purposes), then permanently delete it according to our data retention policy.

8. Termination

8.1 By You

You may terminate your account at any time through your dashboard or by contacting support. No refunds for partial months.

8.2 By Us

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

8.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You must export your data before termination.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted or error-free
  • Defects will be corrected
  • The Service is free of viruses or harmful components
  • The results of using the Service will meet your requirements

We are not responsible for M-Pesa network issues, internet connectivity problems, or third-party service interruptions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, ePOS KENYA SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Business interruption or loss of business opportunity
  • Damages related to third-party services

Our total liability for any claims under these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

Any disputes shall be resolved through arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or in-app notification.

Your continued use of the Service after changes constitutes acceptance of the new Terms.

13. Contact Information

Address

ePOS Kenya
Kisii, Kenya
Capital, Roundabout Opp. Co-op Bank

Business Hours

Mon-Fri: 8:00 AM - 6:00 PM
Sat: 9:00 AM - 2:00 PM
Sun: Closed

Acceptance Confirmation

By using ePOS Kenya, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.