Terms of Service | Mwananchi POS Merchant Agreement
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Terms and Conditions

For Mwananchi POS - the point of sale system for shops and small businesses. Last updated 21 August 2026. Questions? Contact support@mwananchipos.com

Terms and Conditions — Mwananchi POS

Last Updated: 2 September 2026 Effective Date: 2 September 2026

Welcome to Mwananchi POS ("we", "us", "our"). These Terms and Conditions ("Terms") govern your access to and use of the Mwananchi POS mobile application, web dashboard, and related services (collectively, the "Services").

By creating an account, downloading, or using Mwananchi POS, you ("Merchant", "User", "you") agree to be legally bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Description of Services

Mwananchi POS is an offline-first Point of Sale and inventory management software solution designed for retail shops, kiosks, and small-to-medium businesses. Features include:

  • Product, category, and inventory tracking (piece, weight, and volume units);
  • Cash, Mobile Money, card, and credit (debt) sales recording;
  • Digital receipt generation, Bluetooth thermal printing, and WhatsApp sharing;
  • Quotation creation and 1-tap conversion to sales;
  • Stock adjustments, movements history, and expense logging;
  • Business analytics, profit summaries, and CSV/PDF report exports;
  • Offline first with automated background cloud synchronization.

2. Eligibility & Account Responsibilities

  • Eligibility: You must be at least 18 years of age and legally capable of entering into binding contracts.
  • Account Security: You are solely responsible for safeguarding your login credentials, PINs, and device access. You are responsible for all activities and transactions performed under your account, including those performed by your employees or shop attendants.
  • Accurate Information: You agree to provide accurate, current, and complete information during registration and keep your shop details updated.
  • Unauthorized Access: You must notify us immediately at support@mwananchipos.com upon discovering any unauthorized use or security breach of your account.

3. Offline Operation, Data Synchronization & Device Responsibility

  • Offline-First Functionality: Mwananchi POS stores sales and inventory transactions locally on your device to ensure continuous operation without internet connectivity.
  • Sync Responsibility: Transactions and modifications sync to our cloud servers when your device is connected to the internet. You are solely responsible for connecting your device to the internet periodically (we recommend daily) to ensure data is backed up.
  • Device Loss & Data Deletion: We are not liable for any data loss, unsynced transactions, or business disruption resulting from hardware failure, damaged or lost devices, operating system corruption, or clearing app cache/storage/uninstalling the application before a cloud sync has completed.

4. Sales, Transactions, Pricing & Debts (Credit)

  • Independent Merchant Transactions: All commercial transactions between you and your customers are strictly between you and the customer. Mwananchi POS is solely a recording and software tool. We are not a party to any customer sales, agreements, or dispute resolutions.
  • Customer Credit & Debt (Madeni): You are solely responsible for extending credit to customers, assessing creditworthiness, tracking balances, and collecting outstanding debts. We assume zero liability for unpaid customer debts, bad debts, or credit disputes.
  • Pricing & Stock Accuracy: You are responsible for verifying all product pricing, tax calculations, discounts, extra charges, and stock counts entered into the system.

5. Subscriptions, Payments & Free Trials

  • Billing Plans: Access to certain features of Mwananchi POS requires an active paid subscription (monthly or annual billing per shop/branch) as detailed in the app or website.
  • Free Trial: If offered, your free trial gives you full access for the stated duration. At the end of the trial period, continued access requires a paid subscription.
  • Automatic Renewal: Paid subscriptions renew automatically at the end of each billing cycle unless cancelled prior to the renewal date.
  • Payment Processing: Subscription fees are processed through authorized payment gateways (e.g., M-Pesa, card processors). You authorize us or our payment processors to charge your selected payment method.
  • Non-Refundable: Except where required by mandatory applicable consumer protection laws, subscription payments are non-refundable once billed.
  • Price Revisions: We reserve the right to modify subscription pricing upon at least fourteen (14) days prior notice via in-app notice or email. Continued use following a price change constitutes acceptance.

6. Taxes & Regulatory Compliance

  • No Tax or Legal Advice: Mwananchi POS does not provide legal, financial, accounting, or tax advice.
  • Statutory Obligations: You are solely responsible for determining, collecting, reporting, and remitting all applicable sales taxes, Value Added Tax (VAT), turnover taxes, or duties to your relevant statutory tax authorities in your jurisdiction.

7. Acceptable Use Policy

You agree not to use Mwananchi POS to:

  • Sell illegal goods, contraband, stolen property, narcotics, or unregulated products;
  • Facilitate fraudulent transactions, money laundering, or deceptive business practices;
  • Reverse-engineer, decompile, disassemble, copy, modify, or create derivative works of the software;
  • Interfere with, bypass, or compromise the security, integrity, or cloud infrastructure of the platform;
  • Scrape, harvest, or extract data from our APIs or services without prior written permission;
  • Resell, rent, lease, or sublicense the software to third parties.

We reserve the right to immediately suspend or terminate any account that violates this Acceptable Use Policy without liability or prior notice.

8. Intellectual Property Rights

All right, title, and interest in and to Mwananchi POS—including the software, source code, user interfaces, designs, trademarks, logos, and documentation—belong exclusively to Mwananchi POS and its licensors. You receive a limited, revocable, non-exclusive, non-transferable license to use the app for your internal business operations in accordance with these Terms.

9. Disclaimer of Warranties ("AS IS")

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • MWANANCHI POS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
  • WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF CALCULATIONS, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
  • WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, BUG-FREE, OR FREE FROM DATA LOSS, SERVER DOWNTIME, OR HARDWARE INCOMPATIBILITIES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • IN NO EVENT SHALL MWANANCHI POS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUE, DATA, GOODWILL, INVENTORY DISCREPANCIES, BUSINESS INTERRUPTION, OR HARDWARE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES.
  • IN ALL CIRCUMSTANCES, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU IN SUBSCRIPTION FEES TO MWANANCHI POS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mwananchi POS, its parent company, affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:

  • Your use or misuse of the Services;
  • Any breach by you of these Terms or applicable laws;
  • Any sales, products, debts, or disputes between you and your customers or suppliers;
  • Any violation of third-party rights, including privacy or intellectual property rights.

12. Account Termination & Suspension

  • Termination by You: You may stop using the app and terminate your account at any time through Profile > Settings or by emailing support@mwananchipos.com.
  • Termination by Us: We may suspend or terminate your account immediately if you breach these Terms, fail to pay subscription fees, engage in fraudulent activity, or if required by law.
  • Post-Termination Data Retention: Upon account deletion, your cloud data will be retained for thirty (30) days to allow you to request an export, after which it will be permanently deleted from our active cloud databases, except as required for statutory accounting compliance.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute, claim, or controversy arising out of or relating to these Terms shall first be submitted to informal resolution via support@mwananchipos.com. If unresolved within thirty (30) days, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of the land (Kenya).

14. Changes to Terms

We reserve the right to revise or update these Terms at any time. Material changes will be communicated via in-app notifications or email at least fourteen (14) days before they become effective. Continued use of Mwananchi POS after changes take effect constitutes your agreement to the updated Terms.

15. Contact Us

For any legal inquiries, support requests, or questions regarding these Terms: