Terms & Conditions

1. Definitions

• "EMMCloud Softwares," "we," "us," or "our" refers to the company providing software products and services.
• "User," "you," or "your" refers to any individual or business entity accessing or using the Service.
• "Service" refers to all software products, websites, mobile applications, cloud services, APIs, features, integrations, and related offerings provided by EMMCloud Softwares, whether currently available or introduced in the future.
• "Account" refers to your registered user profile within the Service.
• "Subscription" refers to any paid plan granting access to one or more EMMCloud Softwares products.

2. Acceptance of Terms

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

3. Service Description

EMMCloud Softwares provides cloud-based business software solutions that may be accessed through web applications, desktop applications, mobile applications, APIs, and other supported platforms.

Depending on the specific product you use, the Service may include features such as:

• Sales and transaction management
• Inventory and stock management
• Purchase and supplier management
• Expense tracking and accounting tools
• Customer and vendor management
• Employee and user account management
• Reporting, analytics, and business intelligence
• Multi-location business operations
• Business automation and workflow management
• Other software features introduced by EMMCloud Softwares from time to time

Features, limits, pricing, and functionality may vary between products and subscription plans.

4. Account Registration and Security

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, and 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, and using a strong, unique password.

5. Subscription Plans and Payments

5.1 Free Trial

New accounts receive a 3-day free trial upon registration, giving you full access to all features with a limit of 1 location. No payment is required to activate the trial. The free trial can only be used once per account.

5.2 Subscription Tiers

Payment plans may differ depending on the specific EMMCloud Softwares product being used. Features, limits, pricing, and availability may vary between products and subscription tiers.

5.3 Payment Method

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

5.4 Billing Cycle

• Subscriptions are billed on a monthly basis
• Each billing cycle is exactly one calendar month from your activation date
• Renewing early extends from your existing expiry date — you do not lose any remaining days
• All locations are automatically paused when a subscription expires

5.5 Location Limits

Each subscription tier permits a maximum number of active locations on your account. If you need to add more locations beyond your current tier's limit, you must upgrade to a higher plan. Location limits are enforced automatically by the system.

5.6 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.

5.7 Refund Policy

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

6. User Conduct and Prohibited Activities

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. Intellectual Property Rights

7.1 Ownership

All software, trademarks, logos, branding, designs, content, source code, documentation, and related intellectual property associated with EMMCloud Softwares products and services remain the exclusive property of EMMCloud Softwares and are protected by Kenyan and international 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.

8. Data Privacy and Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information. We comply with the Kenya Data Protection Act, 2019.

9. Service Availability and Modifications

9.1 Service Availability

While we strive to provide uninterrupted service, the Service may be temporarily unavailable due to scheduled maintenance, technical issues, force majeure events, or third-party service disruptions.

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.

10. Future Products and Services

These Terms apply not only to existing EMMCloud Softwares products but also to any future software applications, services, integrations, platforms, modules, or features introduced by EMMCloud Softwares unless separate terms are expressly provided for those offerings.

11. Third-Party Services

The Service integrates with M-Pesa for subscription payment processing and Gmail/Resend for email communications. Your use of these third-party services is subject to their respective terms and privacy policies.

12. Limitation of Liability

• 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, or consequential 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

13. Indemnification

You agree to indemnify, defend, and hold harmless EMMCloud, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use or misuse of the Service, your violation of these Terms, or your infringement of any third-party rights.

14. Account Termination

14.1 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.

14.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice, if you violate these Terms, engage in fraudulent or illegal activities, your payment fails, or we suspect misuse of the Service.

14.3 Effect of 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

15. Dispute Resolution and Governing Law

These Terms are governed by the laws of the Republic of Kenya. In the event of any dispute, you agree to first contact us to attempt informal resolution, then mediation, and finally the jurisdiction of the Kenyan courts.

16. General Provisions

We reserve the right to modify these Terms at any time. Significant changes will be communicated via email. Your continued use of the Service constitutes acceptance of any modified Terms. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Contact Information