Service Agreement
Effective Date: December 1, 2024 · Last Updated: April 2026
This Service Agreement (“Agreement”) is entered into between Kappanetics Limited(“Service Provider,” “we,” “us”), a company registered in Kenya, and the customer (“Customer,” “you”) who subscribes to the SumsPOS platform.
1. Scope of Services
The Service Provider shall deliver software solutions and technical support as described on official SumsPOS channels, including but not limited to: point-of-sale transaction processing, inventory management, customer relationship management, staff and shift management, financial reporting, payment processing integration, and document management (invoices, quotes, purchase orders).
2. Customer Responsibilities
The Customer agrees to:
- Comply with all applicable laws, including Kenyan law and laws of the jurisdiction in which the Customer operates
- Provide accurate and complete registration information
- Maintain the confidentiality of their account credentials
- Restrict software access to authorized users only
- Obtain appropriate consent from end-users before collecting their personal data via SumsPOS
- Use the platform solely for legitimate business operations
- Not attempt to reverse-engineer, decompile, or disassemble the software
- Not share, resell, or sublicense access to the platform
3. Fees and Payment
Subscription fees are charged according to the plan selected by the Customer, as published on the SumsPOS website or as separately agreed in writing. Accepted payment methods include cheque, mobile money (M-Pesa), credit/debit card, and wire/bank transfer.
Services may be suspended or disconnected if renewal payment is not received by the due date. A grace period of 7 days may be provided at the sole discretion of the Service Provider. Late payments may incur a penalty of 2% per month on the outstanding balance.
4. Service Level
The Service Provider will strive to ensure service availability but does not guarantee uninterrupted access. Scheduled maintenance may temporarily disrupt service, and reasonable advance notice will be provided. Our target service level is 99.9% uptime measured on a monthly basis, excluding scheduled maintenance windows.
5. Data Protection
The Service Provider processes personal data in accordance with Kenya's Data Protection Act, 2019. Personal information will not be shared with third parties without the Customer's explicit consent unless required by law, court order, or regulatory authority. See our full Privacy Policy andData Protection Policy for complete details.
6. Intellectual Property
All software, trademarks, and related intellectual property associated with SumsPOS remain the exclusive property of Kappanetics Limited. The Customer is granted a limited, non-exclusive, non-transferable, revocable license to use the software during the term of this Agreement.
7. Limitation of Liability
The Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, except where Kenyan law mandates otherwise. The Service Provider's total aggregate liability under this Agreement shall not exceed the total fees paid by the Customer in the 12 months immediately preceding the event giving rise to the claim.
8. Term and Termination
This Agreement commences upon account creation and continues for the duration of the active subscription. Either party may terminate with 30 days' written notice. Outstanding payment obligations survive termination.
The Service Provider may terminate immediately in cases of: material breach, misuse of the platform, fraudulent activity, non-payment after the grace period, or violation of applicable law.
9. Data Portability
Upon termination, the Customer may request export of their data in standard formats (CSV, JSON) within 30 days of termination. After this period, the Service Provider may delete the Customer's data in accordance with data retention policies.
10. Force Majeure
Neither party shall bear liability for events beyond their reasonable control, including but not limited to natural disasters, war, government action, pandemic, civil unrest, power outages, telecommunications failures, or acts of God.
11. Amendments
The Service Provider reserves the right to modify the terms of this Agreement. Material changes will be communicated with at least 30 days' notice. Continued use of SumsPOS after the effective date of changes constitutes acceptance.
12. Dispute Resolution
Disputes shall first be resolved through good-faith negotiation between the parties. If negotiation fails within 30 days, the dispute shall be referred to arbitration under the Arbitration Act of Kenya. Arbitration shall be conducted in English in Nairobi, Kenya.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
14. Entire Agreement
This Agreement, together with the Terms of Service, Privacy Policy, Cookie Policy, and Data Protection Policy, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.