Terms of Service
Effective Date: December 1, 2024 · Last Updated: April 2026
These Terms of Service (“Terms”) govern your use of SumsPOS, a cloud-based Point of Sale platform operated by Kappanetics Limited, a company registered in Kenya. By accessing or using SumsPOS, you agree to be bound by these Terms.
1. Scope of Service
SumsPOS provides cloud-based software solutions and technical support designed to facilitate point-of-sale transactions, inventory management, customer management, staff management, and business reporting. Services are delivered via subscription as described on our official website and communication channels.
2. Account Registration
To use SumsPOS, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 18 years old to create an account.
3. Subscription and Fees
SumsPOS operates on a subscription model. Fees are charged according to the pricing plan selected at the time of subscription, as published on our website or as invoiced. Accepted payment methods include mobile money (M-Pesa), credit/debit cards, bank transfers, and cheques.
If renewal payment is not received by the due date, services may be suspended or disconnected. All fees are non-refundable except as required by applicable law or as explicitly stated in our refund policy.
4. Trial
SumsPOS offers a discounted first-month trial for new subscribers. Trial terms and pricing are as specified on the pricing page at the time of sign-up (the first month is charged at the trial rate, after which standard monthly pricing applies). At the end of the trial period, your subscription continues at the standard rate unless you cancel; you may cancel at any time.
5. Acceptable Use
You agree to use SumsPOS only for lawful purposes and in compliance with all applicable laws, including but not limited to:
- The laws of Kenya and any jurisdiction in which you operate
- The Kenya Data Protection Act, 2019
- Anti-money laundering regulations
- Consumer protection laws
You must not use SumsPOS to process transactions involving illegal goods or services, launder money, or engage in fraudulent activity.
6. Intellectual Property
All software, trademarks, logos, designs, and related intellectual property associated with SumsPOS remain the exclusive property of Kappanetics Limited. You are granted a limited, non-exclusive, non-transferable license to use the software solely for your business operations during your active subscription period.
7. Data and Content
You retain ownership of all data you input into SumsPOS (products, sales records, customer information, etc.). We do not claim ownership of your business data. You are responsible for ensuring that any data you input does not violate the rights of third parties.
8. Service Availability
We strive to ensure service availability at all times but do not guarantee uninterrupted access. Scheduled maintenance may temporarily disrupt service, and we will provide reasonable notice where possible. Our target uptime is 99.9%.
9. Limitation of Liability
To the maximum extent permitted by Kenyan law, Kappanetics Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of SumsPOS. Our total liability for any claim shall not exceed the total fees paid by you in the 12 months preceding the claim.
10. Termination
Either party may terminate the service agreement with 30 days' written notice. Outstanding payments remain due upon termination. We may immediately terminate your account for misuse, fraud, or material breach of these Terms.
Upon termination, you may request export of your data within 30 days. After 30 days, we may delete your data in accordance with our data retention policy.
11. Force Majeure
Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, government action, pandemic, power outages, or telecommunications failures.
12. Amendments
We may modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of SumsPOS after changes take effect constitutes acceptance of the updated Terms.
13. Governing Law and Disputes
These Terms are governed by the laws of the Republic of Kenya. Any disputes shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be referred to arbitration under the Kenya Arbitration Act. The arbitration shall take place in Nairobi, Kenya.