Terms & Conditions

1. Definitions

• "Service" means the Karibu POS mobile application, backend and any related tools we provide.
• "Restaurant" means the business that holds a subscription.
• "Owner" means the person who registers a Restaurant and is responsible for its account and billing.
• "Staff" means additional users the Owner permits to access the Restaurant's account.
• "Customer Data" means information a Restaurant records about its own customers using the Service — for example a customer name, phone number and amount owed on a credit sale.
• "Subscription" means the recurring paid plan described in section 4.

2. Eligibility and your account

You must be at least 18 years old and authorised to act for the Restaurant you register.

You must give accurate registration information and keep it current. We require you to confirm your email address before you can sign in for the first time.

You are responsible for keeping login credentials secure, for all activity under your account, and for the conduct of any Staff you grant access to. Tell us immediately at karibupos@gmail.com if you believe an account has been compromised.

One Subscription covers one Restaurant. Sharing an account across separate businesses is not permitted.

3. Free trial

New Restaurants receive a free trial of fourteen (14) days with access to the full Service. No payment is required to start the trial.

At the end of the trial your Subscription begins and billing starts, unless you cancel before the trial ends. We will remind you inside the app as the trial nears its end.

We may offer, shorten, extend or withdraw trials at our discretion, and may limit trials to one per Restaurant.

4. Subscription, fees and payment

The Subscription costs KSh 499 per Restaurant per month. Prices shown in the Service are inclusive of any taxes that apply.

Subscriptions are billed monthly in advance through M-Pesa. When a payment is due we send an STK Push prompt to the M-Pesa number registered on the account; you authorise the payment by entering your M-Pesa PIN on your own handset. We never see or store your M-Pesa PIN.

It is your responsibility to keep a valid, funded M-Pesa number on the account.

Your Subscription renews automatically each month until cancelled.

If a payment fails we will retry it and notify you. If it remains unpaid after the retry period, access to the Service is suspended until payment succeeds. Suspension does not delete your data — see section 6.

We may change the price by giving you at least thirty (30) days' notice by email and in the app. If you do not accept the new price you may cancel before it takes effect.

5. Refunds

The fourteen-day free trial exists so you can evaluate the Service before paying. For that reason, Subscription fees are generally non-refundable and we do not refund partial months.

We will, however, refund you in the following cases:

• Duplicate or repeated charges. If you were charged more than once for the same billing period, we refund the extra amount in full.
• Charges after cancellation. If you were billed for a period after you cancelled, we refund that charge in full.
• Extended failure of the Service. If the Service is unavailable for a prolonged period because of a fault on our side, we will provide a pro-rata refund or account credit for the affected period, at your election.

To request a refund, contact karibupos@gmail.com within fourteen (14) days of the charge, quoting the M-Pesa transaction code. We aim to respond within 5 business days.

Approved refunds are paid to the M-Pesa number that made the payment, normally within 5 business days. Any transaction charges levied by the mobile money provider are not refundable by us.

6. Cancellation, suspension and deleting your account

Cancelling. You may cancel at any time from Profile → Subscription & billing, or by contacting karibupos@gmail.com. Cancellation stops future charges. You keep access until the end of the period you have already paid for, and we do not refund the remainder of that period (see section 5).

Suspension for non-payment. If a Subscription goes unpaid, access is suspended. Your data is retained for 90 days from the date of suspension so you can return by settling the balance. After that period we may permanently delete the Restaurant's data.

Deleting your account. You may ask us to delete your account and data by writing to karibupos@gmail.com from the email address registered on the account. We may ask you to verify your identity to protect against fraudulent deletion requests.

We will complete a verified deletion request within thirty (30) days. Deletion is permanent and cannot be undone, so export anything you need first — you can export sales data as a CSV from the Analytics screen.

What deletion removes: your Owner and Staff user accounts, restaurant and branch details, menu items and categories, orders, payment records held for your operational use, and customer debt records including any customer names and phone numbers you entered.

What we must keep, and why: we retain records of transactions between you and us — invoices, subscription charges and M-Pesa references — for five (5) years, as required by Kenyan tax and accounting law. We also keep limited security and audit logs for five (5) months, and anonymised statistics that cannot identify you or your customers. These records are kept only for those purposes and are not used to contact or profile you.

Deleting the account of an individual Staff member does not delete the Restaurant's account.

7. Acceptable use

You agree to use the Service lawfully and honestly. In particular, you must not:

• use the Service to record false or fraudulent transactions, or to evade tax or other legal obligations;
• attempt to access another Restaurant's data, or to bypass authentication, rate limits or other security controls;
• copy, reverse engineer, decompile or resell the Service, or use it to build a competing product;
• upload malicious code, or anything unlawful, abusive or infringing;
• use automated means to overload or disrupt the Service.

We may suspend or terminate access, without refund, where we reasonably believe these rules have been broken.

8. Your customers' information

Some features — customer credit in particular — let you record details about your own customers, such as a name, a phone number and an amount owed.

As between you and us, you decide what customer information to collect and why. Under Kenya's Data Protection Act, 2019 you act as the data controller for that information and we act as your data processor: we hold and process it on your behalf and on your instructions.

You are responsible for having a lawful basis to collect it, for telling your customers how their information will be used, and for handling any request they make about their own data. We will assist you with such requests where we reasonably can.

We do not use your customers' information for our own purposes, and we never sell it. See our Privacy Policy for detail.

9. Availability, support and changes

We work to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. Access may be interrupted by maintenance, by faults, or by failures at third parties such as mobile money or network operators.

We will give reasonable notice of planned maintenance where we can.

Support is available at karibupos@gmail.com and during 8am to 5pm daily.

We may add, change or remove features. Where a change materially reduces the Service, we will give you reasonable notice.

10. Our access to your account

Our staff may access your account only where necessary to provide support, to investigate a security or billing issue, or where the law requires it. Such access is logged.

We may also carry out limited administrative actions on a Subscription — for example extending a trial or reinstating access after a billing problem. These actions are recorded in an audit log.

11. Intellectual property

The Service, including its software, design and branding, belongs to us. Your Subscription grants you a limited, non-exclusive, non-transferable right to use it while your Subscription is active. No other rights are granted.

The data you enter remains yours. You grant us only the permission needed to host, process, back up and display it so we can provide the Service to you.

12. Liability

Nothing in these Terms limits liability that cannot be limited by Kenyan law, including liability for death or personal injury caused by negligence, or for fraud.

Subject to that, we are not liable for loss of profit, loss of business, loss of goodwill, or indirect or consequential loss.

Subject to the above, our total liability to you in any twelve-month period is limited to the Subscription fees you paid us in the twelve (12) months before the event giving rise to the claim.

The Service is a tool for recording your business activity. You remain responsible for the accuracy of your records, for your tax and regulatory obligations, and for keeping your own backups of anything critical to your business.

13. Indemnity

You agree to indemnify us against claims, losses and reasonable costs arising from your use of the Service in breach of these Terms, or from your handling of your customers' information in breach of applicable law.

14. Termination by us

We may suspend or terminate your access if you materially breach these Terms, if fees remain unpaid, if we are required to do so by law, or if we reasonably believe your use is unlawful or puts other users at risk.

Where practical and lawful, we will give notice and an opportunity to put things right first.

If we discontinue the Service entirely, we will give you at least 60 days notice and a reasonable opportunity to export your data.

15. Changes to these Terms

We may update these Terms. If a change materially affects your rights, we will notify you by email or in the app at least 30 days before it takes effect.

Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, you may cancel.

16. Governing law and disputes

These Terms are governed by the laws of Kenya.

If a dispute arises, we ask that you contact us first at karibupos@gmail.com so we can try to resolve it directly. If we cannot resolve it within 30 days, the courts of Kenya shall have jurisdiction.

17. Contact

Karibu Pos

Email: karibupos@gmail.com