Terms of service

1. The agreement

These terms are an agreement between [company legal name] ("Kibanda", "we") and the business that opens a Kibanda account ("the shop", "you"). The person who accepts them confirms they may bind the shop. Our privacy notice explains how we handle personal data.

2. The service

Kibanda is a point of sale that runs in a web browser: checkout, receipts, cash drawer control, stock records, customer credit and M-Pesa payments, with access set by each member of staff's role. Each shop has its own workspace address and its own database. We may improve or change features; we will not remove a core feature the shop relies on without [notice period] notice.

3. Accounts and staff

The shop owner controls who can use the shop's workspace and what each person can do. You are responsible for everything done under your workspace's accounts, for keeping passwords and PINs private, and for removing staff who leave. Tell us at once if you suspect an account has been misused.

4. The shop's responsibilities

• Keep the prices, stock, tax settings and records you enter accurate. Kibanda calculates from what you enter.
• Meet your own legal obligations, including tax and KRA requirements, receipts, and consumer protection law. [State whether the service is, or is not, an eTIMS-compliant invoicing system.]
• Handle your customers' personal data lawfully. For that data you are the data controller and we process it for you, as set out in [data processing terms / annex].
• Count your cash and review the shift reports. Kibanda records what your staff enter and does not guarantee against theft or error at the till.

5. Payments and M-Pesa

M-Pesa payments use the shop's own Safaricom Daraja account, Till or Paybill. The money goes straight to the shop; Kibanda never holds it. Your agreement with Safaricom governs those payments, and Safaricom's availability is outside our control. A payment Kibanda shows as unconfirmed has not been confirmed by Safaricom; accepting one is the shop's decision.

6. Fees

[Plans, prices, billing period, how invoices are sent and paid, VAT, late payment, free trial terms, and price-change notice.]

7. Acceptable use

Don't use Kibanda to:

• break the law, or sell goods you may not lawfully sell;
• try to reach another shop's data, probe or overload the service, or get around its security or access controls;
• resell the service without our written agreement.

We may suspend a workspace that puts the service or other shops at risk, and will tell you why unless the law prevents it.

8. Your data

The shop owns the data it puts into Kibanda. We use it only to provide the service. You can ask for an export of your data at any time, including when you leave. [Format and timescale of exports.]

9. Availability and backups

We aim to keep Kibanda available [target, e.g. 99.5% of each month], except for announced maintenance. We back up each shop's data [frequency] and keep backups [retention]. The till needs an internet connection to complete sales.

10. Ending the agreement

You may close your account at any time by contacting us. We may end the agreement with [notice period] notice, or at once for a serious breach of these terms or unpaid fees after [grace period]. When an account closes, you can export your data for [number] days, after which it is deleted as described in the privacy notice.

11. Liability

[Limitation of liability, exclusions, indemnities and any warranty disclaimers, as drafted by counsel to fit Kenyan law, including the Consumer Protection Act where it applies.]

12. Governing law and disputes

These terms are governed by the laws of Kenya. We will first try to settle any dispute by talking to you. [Escalation: mediation or arbitration, venue, and courts with jurisdiction.]

13. Changes to these terms

We will post changes here and tell shop owners by email at least [number] days before a material change takes effect. Continuing to use Kibanda after that means the shop accepts the new terms.

14. Contact

Contact us, or write to [company legal name, postal address].