Terms and Conditions

Welcome to EMMCloud, a smart Point of Sale (POS) system designed for efficient business management. These Terms and Conditions ("Terms") govern your access to and use of the EMMCloud mobile application and related services (collectively, the "Service").

By creating an account, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

• "EMMCloud," "we," "us," or "our" refers to the EMMCloud application and service provider.
• "User," "you," or "your" refers to any individual or business entity accessing or using the Service.
• "Service" refers to the EMMCloud mobile application, software, features, and related services.
• "Account" refers to your registered user profile within the Service.
• "Subscription" refers to the paid access tier that enables full functionality of the Service.

By registering for an account, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. You also confirm that:

• You are authorized to enter into a binding contract
• You have the legal capacity to use the Service
• All information provided during registration is accurate and complete
• You will comply with all applicable laws and regulations in Kenya

EMMCloud provides a cloud-based Point of Sale system that enables users to:

• Manage sales transactions and inventory
• Process payments through integrated payment gateways
• Generate business reports and analytics
• Track customer information and purchase history
• Manage business operations efficiently

The specific features available to you depend on your selected subscription tier.

4.1 Registration Requirements

To use the Service, you must create an account by providing:

• Your full name
• A valid email address
• A secure password
• A valid phone number

4.2 Email Verification

Upon registration, you will receive a verification code via email. You must verify your email address to activate your account and access the full functionality of the Service.

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using a strong, unique password

5.1 Subscription Tiers

EMMCloud offers three subscription tiers, each designed to accommodate different business sizes and transaction volumes:

• Tier 1 - Starter: KSH 1,000 per month
  • Monthly transaction limit: 2,500 sales
  • Ideal for small businesses and startups
• Tier 2 - Growth: KSH 3,000 per month
  • Monthly transaction limit: 5,500 sales
  • Designed for growing businesses
• Tier 3 - Enterprise: KSH 5,000 per month
  • Monthly transaction limit: Unlimited sales
  • Perfect for established businesses with high transaction volumes

5.2 Payment Method

All subscription payments are processed securely through mobile STK Push. By subscribing, you authorize EMMCloud to initiate payment requests to your registered mobile number.

5.3 Billing Cycle

• Subscriptions are billed monthly in advance
• Your subscription automatically renews at the end of each billing cycle unless canceled
• Transaction limits reset at the beginning of each billing cycle

5.4 Transaction Limits

If you reach your monthly transaction limit before the end of your billing cycle:

• You will be notified via email and in-app notification
• You may upgrade to a higher tier to continue using the Service
• Access to sales processing will be temporarily restricted until upgrade or renewal

5.5 Price Changes

We reserve the right to modify subscription prices with at least 30 days' advance notice. Existing subscribers will be notified via email and may cancel before the new pricing takes effect.

5.6 Refund Policy

Subscription fees are non-refundable except as required by applicable law in Kenya or as explicitly stated in these Terms. If you cancel your subscription, you will retain access until the end of your current billing period.

You agree not to:

• Use the Service for any unlawful or fraudulent purpose
• Violate any applicable laws or regulations in Kenya
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service's functionality
• Upload or transmit viruses, malware, or malicious code
• Reverse engineer, decompile, or attempt to extract the source code
• Use automated systems (bots, scrapers) to access the Service
• Impersonate another person or entity
• Share your account credentials with unauthorized parties
• Use the Service to process fraudulent or illegal transactions

7.1 Ownership

All content, features, and functionality of the Service, including but not limited to software, text, graphics, logos, and design, are owned by EMMCloud and protected by Kenyan and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes, subject to these Terms.

7.3 User Content

You retain ownership of all data and content you input into the Service. By using the Service, you grant us a license to process, store, and display your content solely for the purpose of providing the Service to you.

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

We comply with the Kenya Data Protection Act, 2019, and take appropriate measures to safeguard your data.

9.1 Service Availability

While we strive to provide uninterrupted service, we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Technical issues or system failures
• Force majeure events beyond our control
• Third-party service disruptions (e.g., Equity Bank API, email services)

9.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modifications, suspensions, or discontinuations.

The Service integrates with third-party services, including:

• Equity Bank: For subscription payment processing
• Gmail/Mailtrap: For email communications

Your use of these third-party services is subject to their respective terms and conditions and privacy policies. We are not responsible for the practices or policies of third-party services.

To the maximum extent permitted by Kenyan law:

• EMMCloud is provided "as is" and "as available" without warranties of any kind
• We do not warrant that the Service will be error-free, secure, or uninterrupted
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim
• We are not liable for loss of profits, revenue, data, or business opportunities

You agree to indemnify, defend, and hold harmless EMMCloud, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your infringement of any third-party rights

13.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.

13.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• Your payment fails or subscription expires
• We suspect misuse or abuse of the Service

13.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• You will lose access to all data stored in the Service
• We may delete your account and associated data after 30 days
• You remain liable for any outstanding fees or obligations

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.

14.2 Dispute Resolution

In the event of any dispute arising from these Terms or your use of the Service:

1. You agree to first contact us to attempt informal resolution
2. If informal resolution fails, disputes shall be resolved through mediation
3. If mediation fails, disputes shall be submitted to the jurisdiction of the Kenyan courts

14.3 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of Kenya for the resolution of any disputes.

15.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date
• Significant changes will be communicated via email
• Your continued use constitutes acceptance of the modified Terms

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

15.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EMMCloud regarding the Service.

15.4 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms at any time without restriction.

By using EMMCloud, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.