Terms & Conditions

1. Definitions

• "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.

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 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. 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 Subscription Tiers

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, you will be notified via email and in-app notification. You may upgrade to a higher tier to continue using the Service.

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. 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 content, features, and functionality of the Service, including software, text, graphics, logos, and design, are owned by EMMCloud and 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. Third-Party Services

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

11. 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

12. 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.

13. Account Termination

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, engage in fraudulent or illegal activities, your payment fails, or we suspect misuse of the Service.

13.3 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

14. 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.

15. 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.

16. Contact Information