Terms of service

Duka is point-of-sale software operated by [Registered company name], [Registered address, Nairobi, Kenya]. It lets a shop record sales, take M-Pesa payments, manage stock, credit and cash, print receipts, and file sales with KRA through eTIMS. We may improve or change features over time; we will not remove a core feature you pay for without notice.

• The person who signs up must be the shop's owner or authorised to act for it, and at least 18 years old.
• You are responsible for the staff you add, for keeping passwords and PINs private, and for everything done under your shop's account.
• Tell us straight away if you think someone has used your account without permission.

• New shops may start on a free trial. When it ends, the shop must choose a paid plan to keep selling.
• Plans are billed monthly in Kenya shillings at the price shown when you subscribe. We will give at least 30 days' notice of a price change.
• If a payment is missed we will remind you; a shop that stays unpaid may be suspended until it pays. Your records are kept while suspended.
• Fees already paid are not refundable, except where the law requires otherwise.

The records your shop keeps in Duka belong to your shop. We use them only to provide the service, as our privacy policy explains. You can ask for an export at any time, including when you leave.

• M-Pesa payments are processed by Safaricom under your own Paybill or Till, and the money is paid to you, not to us. Safaricom's own terms apply to them.
• eTIMS filing sends what your shop records. You remain responsible for your tax affairs: the prices, VAT treatment and item details you enter, and checking that what is filed is right.
• You must not use Duka to record sales you know to be false, or for anything unlawful.

We work to keep Duka running, and it is built to keep selling when the internet drops and to catch up when it returns. Even so, we cannot promise it will never be interrupted, by maintenance, by the providers we rely on, or by events outside our control. We will tell you about planned maintenance where we can.

You agree not to:

• try to reach another shop's data, or to break or probe the service's security;
• copy, resell or reverse-engineer the software; or
• overload the service or use it in a way that harms other shops.

To the extent the law allows, we are not liable for indirect losses such as lost profit or lost business, and our total liability for any claim is limited to the fees your shop paid us in the three months before it arose. Nothing in these terms limits liability that cannot be limited by law.

You can stop using Duka at any time. We may suspend or close an account that breaks these terms or stays unpaid, and will give notice first unless the breach is serious. When an account closes you may request an export of your records before they are deleted.

We may update these terms; we will update the date at the top and notify shop owners before a significant change takes effect. These terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction over any dispute.