End-User License Agreement

1. Definitions

• “Account” means a user account you create or maintain to access a Product.
• “Content” means any text, images, data, files, or other materials you upload, create, submit, or transmit through a Product.
• “Documentation” means any user guides, help articles, or technical documentation we make available for a Product.
• “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, design rights, database rights, and any other intellectual property rights, whether registered or unregistered.
• “Platform” means any third-party marketplace, app store, or service through which a Product is distributed, including but not limited to the Shopify App Store, Intuit QuickBooks App Store, Google Play Store, Apple App Store, and any web browser.
• “Subscription” means a recurring or one-time payment plan that grants access to a Product or specific features within a Product.
• “Third-Party Services” means any services, applications, or platforms not operated by us that integrate with or are accessed through a Product.

2. Acceptance of Terms

2.1. By creating an Account, clicking “I Agree,” completing a purchase, or otherwise using a Product, you confirm your acceptance of this Agreement.

2.2. If you are using a Product on behalf of an organisation, you represent that you have authority to bind that organisation to this Agreement. In that case, “you” refers to the organisation.

2.3. We may update this Agreement from time to time. We will notify you of material changes by posting the revised Agreement within the Product or on our website. Continued use after changes take effect constitutes acceptance.

3. License Grant

3.1. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Product for your personal or internal business purposes.

3.2. This licence applies regardless of the Platform through which the Product is distributed.

3.3. If the Product is accessed via a Subscription, your licence is limited to the duration and scope of your active Subscription.

4. Restrictions

You agree not to:

• Copy, modify, adapt, translate, reverse-engineer, decompile, or disassemble the Product or any part of it, except as expressly permitted by applicable law;
• Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Product or access to it to any third party;
• Remove, alter, or obscure any proprietary notices, labels, or marks on or within the Product;
• Use the Product for any unlawful purpose or in violation of any applicable law or regulation;
• Interfere with, disrupt, or attempt to gain unauthorised access to the Product, its servers, or any connected networks;
• Use the Product to transmit malware, spam, or any harmful or unsolicited content;
• Use automated scripts, bots, or scrapers to access or interact with the Product unless expressly authorised by us;
• Use the Product in a manner that exceeds reasonable usage or imposes an unreasonable load on our infrastructure.

5. Intellectual Property Ownership

5.1. The Product, including all code, design, graphics, text, interfaces, and Documentation, is owned by us or our licensors and is protected by Intellectual Property Rights under Kenyan and international law.

5.2. This Agreement does not grant you any ownership interest in the Product. All rights not expressly granted are reserved.

5.3. You retain ownership of your Content. By submitting Content through a Product, you grant us a limited, worldwide, non-exclusive licence to use, store, and process your Content solely to provide and improve the Product.

6. Third-Party Services and Platforms

6.1. Products may integrate with or rely on Third-Party Services (e.g., Shopify, QuickBooks, Google, Apple). Your use of Third-Party Services is governed by their respective terms and policies.

6.2. We are not responsible for the availability, accuracy, or practices of any Third-Party Service.

6.3. Where a Product is distributed through a Platform, you acknowledge that the Platform operator is not a party to this Agreement and has no obligation to you with respect to the Product, except as required by the Platform’s own terms.

6.4. Apple App Store Users: If you obtained the Product from the Apple App Store, you acknowledge that (a) Apple, Inc. has no obligation to furnish maintenance or support for the Product; (b) in the event of any failure of the Product to conform to any applicable warranty, Apple’s maximum liability is limited to refunding the purchase price (if any); and (c) Apple is not responsible for addressing any claims relating to the Product.

7. Payment and Subscriptions

7.1. Certain Products or features may require payment of fees. Fees are specified within the Product or on the relevant Platform at the time of purchase.

7.2. Subscriptions renew automatically unless cancelled before the renewal date. You are responsible for managing your Subscription through the Platform or your Account settings.

7.3. Refunds are governed by the policies of the Platform through which the purchase was made and by applicable law.

8. Termination

8.1. You may stop using a Product at any time. To terminate your Account, follow the instructions within the Product or contact us.

8.2. We may suspend or terminate your access to a Product immediately if:

• You breach any provision of this Agreement;
• We are required to do so by law;
• We discontinue the Product.

8.3. Upon termination, your licence ends and you must cease all use of the Product. Sections that by their nature should survive termination (including Sections 5, 9, 10, 11, 12, and 13) will survive.

8.4. Where feasible, we will provide you with a reasonable opportunity to export your Content before termination, unless termination is due to a serious breach or a legal requirement.

9. Disclaimers

9.1. The Product is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2. We do not warrant that the Product will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

9.3. No advice or information obtained from us or through the Product creates any warranty not expressly stated in this Agreement.

10. Limitation of Liability

10.1. To the maximum extent permitted by applicable law, in no event shall we, our directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunity, arising out of or related to your use of or inability to use the Product.

10.2. Our total aggregate liability arising out of or related to this Agreement shall not exceed the greater of (a) the amount you paid us for the Product in the twelve (12) months preceding the claim, or (b) one hundred US dollars (USD 100).

10.3. The limitations in this section apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Product;
• Your Content;
• Your violation of this Agreement;
• Your violation of any applicable law or regulation;
• Your violation of any third party’s rights.

12. Governing Law and Dispute Resolution

12.1. This Agreement is governed by and construed in accordance with the laws of the Republic of Kenya.

12.2. Any dispute arising out of or in connection with this Agreement shall first be resolved through good-faith negotiation between the parties.

12.3. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to mediation administered under the rules of the Nairobi Centre for International Arbitration (NCIA).

12.4. If mediation fails, the dispute shall be referred to the courts of Kenya, which shall have exclusive jurisdiction.

13. General Provisions

13.1. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the Product and supersedes all prior agreements.

13.2. Severability. If any provision of this Agreement is held to be unenforceable, the remaining provisions remain in full force and effect.

13.3. Waiver. Our failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

13.4. Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement freely.

13.5. Notices. We may send you notices via email, in-Product notifications, or by posting on our website. Notices to us must be sent to the contact details below.