Terms and Conditions for Sums POS

Effective Date: 1^st December 2024

1. Introduction

These Terms and Conditions ("Terms") govern the use of Sums POS ("Service") provided by Kappanetics Limited ("we," "us," "our"). By using our Service, you ("Customer") agree to comply with and be bound by these Terms. If you do not agree, you may not use the Service.

2. Scope of Service

Our Service includes providing software and support necessary to facilitate POS transactions. This service is provided on a subscription basis, subject to these Terms.

3. Customer Obligations

• Compliance with Laws: The Customer agrees to use the Service in compliance with all applicable Kenyan laws and regulations, including but not limited to the Data Protection Act, 2019.
• Accurate Information: The Customer shall provide accurate and up-to-date information during registration and notify us of any changes.
• Security: The Customer is responsible for maintaining the confidentiality and security of account credentials and ensuring that the POS software is used only for authorized purposes.

4. Data Protection and Privacy

• Data Collection and Usage: We will collect, process, and store personal data strictly in accordance with the Kenyan Data Protection Act, 2019. This includes customer transaction data, user information, and any other personal data required for the provision of the Service.
• Data Retention: Personal data will only be retained for as long as necessary to fulfill the purposes for which it was collected or as required by law.
• Data Sharing: We shall not share personal data with third parties without the Customer's explicit consent unless required by law or necessary for the provision of the Service.
• Customer Obligations: The Customer agrees to obtain all necessary consents from their end-users or customers before collecting or processing their personal data using our Service.

5. Fees and Payments

• The Customer agrees to pay subscription fees as specified in the Service Agreement.
• Late payments may attract penalties as stipulated in the Agreement.

6. Intellectual Property

All software, trademarks, and related intellectual property provided as part of the Service remain the exclusive property of Kappanetics Limited. The Customer is granted a limited, non-transferable license to use the Service for its intended purpose.

7. Limitation of Liability

We shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Service, except as mandated by Kenyan law.

8. Termination

• Either party may terminate the Service with 30 days’ notice by providing written notice.
• Provided that any amounts pending or owed to Us shall be paid and shall not be negated by invoking this clause.
• We reserve the right to terminate the Service immediately in cases of misuse, fraud, or breach of these Terms.

9. Amendments

We may update these Terms from time to time. Any changes will be communicated to the Customer, and continued use of the Service constitutes acceptance of the updated Terms.

10. Dispute Resolution

All disputes arising out of or in connection with these Terms shall be resolved amicably.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Kenya.

12. Acceptance

By clicking "Accept", you acknowledge that you have read, understood, and agree to these Terms.