Terms of Service
1. Introduction
Welcome to CraftSales POS ("Platform", "System", "Service", "we", "our", or "us").
These Terms of Service govern your access to and use of our cloud-based Point of Sale, Inventory Management, Accounting, Customer Management, Reporting, and Business Management Platform.
By creating an account or using our services, you agree to these Terms.
2. Eligibility
You may only use the Platform if:
- You are at least 18 years old.
- You have authority to register your business.
- The information you provide is accurate.
- You comply with Kenyan laws.
3. Our Services
The Platform provides an integrated set of features designed to help operate your business. Features may vary depending on your active subscription plan:
4. User Accounts
You are responsible for:
- Keeping passwords secure.
- Restricting access to your account.
- Activities under your account.
- Creating user accounts responsibly.
- Removing former employees' access.
You must immediately notify us if unauthorized access occurs.
5. Business Data
You retain full ownership of all business records submitted to the platform, including: Products, Customers, Suppliers, Employees, Sales, Purchases, Reports, Documents, Receipts, and Financial Records.
You grant us permission to store, process, backup, and display your data solely for providing the Service.
6. Acceptable Use
You agree NOT to:
- Break Kenyan laws.
- Sell illegal products.
- Store malicious software.
- Attempt unauthorized access.
- Reverse engineer the Platform.
- Abuse APIs.
- Upload viruses.
- Interfere with other customers.
- Perform fraudulent transactions.
- Use stolen payment methods.
- Circumvent subscription limits.
7. Payments
Subscriptions are billed Monthly, Quarterly, or Annually depending on your selected plan.
Fees are payable in advance. Failure to pay may result in suspension, restricted access, or account termination.
8. Refund Policy
Unless required by law:
- Subscription fees are non-refundable.
- Partial months are not refunded.
- Trial periods are provided "as is."
9. Taxes
You remain solely responsible for statutory obligations including: VAT, Income Tax, Excise Duty, Withholding Tax, PAYE, NHIF/SHIF, NSSF, Housing Levy, and any other relevant requirements.
The Platform assists in calculations but does not constitute formal tax advice.
10. KRA eTIMS
Where enabled:
- We facilitate integration with Kenya Revenue Authority (KRA) systems.
- You remain responsible for compliance.
- You are responsible for maintaining valid KRA credentials.
- We are not liable for KRA downtime.
11. Integrations
Our Platform may integrate with third-party providers including M-Pesa, Banks, Payment Gateways, Email Providers, SMS Providers, Accounting Software, Ecommerce Platforms, and Delivery Providers.
We are not responsible for third-party service outages or failures.
12. Service Availability
We strive for high uptime but cannot guarantee uninterrupted service. Maintenance may occasionally occur, and emergency maintenance may happen without prior notice.
13. Data Backups
We perform regular automated data backups. However, you should also maintain your own local copies of important business records.
14. Intellectual Property
The Platform including software, design, logos, documentation, source code, and databases remain our intellectual property. You receive a limited, non-transferable license to use the system.
15. Confidentiality
Both parties agree to protect confidential information including business information, customer data, financial information, and trade secrets.
16. Suspension
We may suspend accounts if payments are overdue, fraud is detected, security risks arise, these Terms are violated, or if required by law.
17. Termination
Either party may terminate the agreement at any time. Upon termination, access ends. Data may be retained temporarily for recovery before being deleted according to our retention policy.
18. Limitation of Liability
To the maximum extent permitted by Kenyan law, we are not liable for lost profits, lost business, lost customers, lost goodwill, business interruption, data corruption, or indirect/consequential damages.
Our maximum total liability shall not exceed the subscription fees paid during the previous twelve (12) months.
19. Force Majeure
We are not liable for delays caused by natural disasters, internet outages, government actions, power failures, war, terrorism, epidemics, or civil unrest.
20. Changes to Terms
We may update these Terms from time to time. Continued use of the Platform after changes are published constitutes your acceptance of the updated Terms.
21. Governing Law
These Terms are governed by the laws of the Republic of Kenya. Disputes shall be resolved in Kenyan courts unless arbitration is agreed upon by both parties.
22. Contact
If you have any questions or concerns regarding these Terms, please contact our legal team: