Terms of Service

The account owner must be at least 18 years old and have the legal capacity to enter into these Terms. If you create or manage an account on behalf of a business, you must have authority to bind that business. In the Mobile POS supervised-use release, younger users may use the adult owner’s shop under a parent or guardian’s supervision; they do not create an independent account or enter into a subscription. The adult must use their own account details, manage subscriptions and payments, keep their account credentials secure, and supervise younger users. This permission does not override applicable laws or payment-provider age requirements.

The DukaSale Suite is a family of point-of-sale and business-management products for Kenyan businesses. It ships in two delivery modes:

• SaaS multi-tenant — hosted by us, billed monthly per outlet.
• Standalone white-label — deployed on your own infrastructure, licensed annually.

Products currently in the Suite:

• Mobile POS — free Android app for dukas and kiosks.
• Retail POS — browser-based till for supermarkets, electronics, hardware, pharmacies.
• Restaurant POS — front-of-house POS with table layouts, KOT printing and split bills.
• Owner App — multi-outlet dashboard for owners.
• Operator console — admin surface for partners and resellers.

You are responsible for:

• The confidentiality of your account credentials, staff PINs and password resets.
• All activity that occurs under your account.
• Notifying us immediately if you suspect unauthorised access.

We may suspend or terminate accounts that we reasonably believe are compromised, fraudulent, or used to violate these Terms.

You own all of your business data — catalog, customers, sales, employees, expenses, reports. We act as a processor of that data on your behalf, as described in our Privacy Policy.

You are responsible for backing up data critical to your business. In SaaS mode we run daily backups; in standalone mode the operator runs their own. We are not liable for data loss caused by user error, device failure, theft, force majeure, or events outside our reasonable control.

On account closure or subscription cancellation, you may export your data in CSV or JSON format for at least 90 days. After that period we permanently delete it.

Mobile POS is free forever. Retail POS, Restaurant POS, the Owner App and operator features are sold on monthly or annual plans. Plan terms are presented at the point of purchase and confirmed by email.

• Billing is in Kenyan Shillings (KES) unless otherwise agreed.
• Subscriptions auto-renew unless cancelled at least 24 hours before the renewal date.
• Fees are non-refundable except where required by Kenyan law.
• Late payment may result in service suspension after 14 days’ notice.
• We may change prices for renewals with at least 30 days’ notice.

If you enable payment integrations (M-Pesa, card processing, bank transfer, etc.):

• Transactions through Safaricom M-Pesa are subject to Safaricom’s own terms.
• Standard M-Pesa, card or bank fees apply as determined by the provider, not us.
• You are responsible for correctly configuring your till/paybill number, callback URL, certificates and credentials.
• We are not responsible for service availability or disputes that originate with the payment provider.

You agree not to:

• Use any DukaSale product for unlawful activity, fraud, money laundering, or the sale of prohibited goods.
• Reverse engineer, decompile or attempt to extract source code from our products.
• Attempt to access another tenant’s data, accounts or infrastructure.
• Resell, sub-license, or rent DukaSale to third parties without a separate partner agreement.
• Send abuse, spam or harassment through any DukaSale communication channel.
• Use DukaSale to process transactions you do not own or are not authorised to process.

The Suite — including code, design, brand, copy and documentation — is the intellectual property of DukaSale and is protected by Kenyan and international copyright and trademark laws. You receive a limited, non-exclusive, non-transferable, revocable licence to use the products for your business as described in your plan or partnership agreement.

Your data, your logo, and your catalog stay yours. We don’t claim ownership of anything you upload.

For SaaS-mode customers on paid plans, we target 99.5% monthly uptime, measured on the production endpoints of the product you subscribe to. Scheduled maintenance is announced at least 48 hours in advance and runs outside Kenyan retail hours where possible.

Support is available via WhatsApp, email, and (for Enterprise plans) phone, on Kenya business days. Response targets are documented in your plan or service agreement.

Mobile POS is provided free of charge with community support; no SLA applies.

The Suite is provided “as is” and “as available”, without warranties of any kind, express or implied. We do not warrant that:

• The products will be error-free or uninterrupted.
• The products will meet every business requirement you have.
• Any defect will be corrected within a specific timeframe.

DukaSale is not a substitute for professional accounting, tax or legal advice.

To the maximum extent permitted by Kenyan law, DukaSale and its operators shall not be liable for any indirect, incidental, special, consequential or punitive damages — including loss of profits, data, business opportunity or goodwill — arising from your use of the Suite.

Our total aggregate liability for any claim arising from these Terms shall not exceed the greater of: (a) the fees you paid us in the 12 months preceding the claim, or (b) KES 10,000.

You can cancel your subscription at any time from your DukaSale account. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate your access with notice if you materially breach these Terms, are involved in fraud or abuse, or fail to pay fees when due. We may also terminate the service entirely with at least 90 days’ written notice, after which we’ll provide a final data export.

We may update these Terms as the Suite evolves. Material changes will be announced by email or in-app at least 14 days in advance. The “Last updated” date at the top of this page reflects the current version.

These Terms are governed by the laws of the Republic of Kenya. Disputes shall be resolved first by good-faith negotiation, then by mediation, and finally — if still unresolved — by the exclusive jurisdiction of the courts of Kenya.

Questions about these Terms or your account? Get in touch: