Legal
Terms of service
The date it takes effect is to be confirmed.
Draft for legal review
This text is being reviewed by counsel and may change before Debian POS opens to shops. Details marked as to be confirmed are still being filled in.
These terms are an agreement between the business that opens a Debian POS account (the shop, or you) and [Company name to be confirmed], registration number [Registration number to be confirmed] (Debian POS, or we). By opening an account you accept them on the shop's behalf.
1. The service
Debian POS is a point of sale and back office run online: the till, payments, stock, customers, reports and the tools described on our features page. We improve it continually and may change how parts of it work; we will not take away a core part a shop relies on without telling it first.
2. Accounts and staff
- The person who opens the account must be allowed to act for the shop and must give true details.
- The shop decides who on its staff may use Debian POS and what each may do, and is responsible for what they do in it.
- Keep passwords and approval PINs private, and tell us at once if you think someone has used an account without permission.
3. Trial, plans and paying
- A new shop gets 30 days free on the plan it chooses. No card is needed.
- After the trial, a shop pays monthly or yearly, in advance, at the price shown on our pricing page when the period starts. We send an invoice before each period, by M-Pesa or card through Pesapal, or by bank transfer.
- Prices are what you pay; Debian POS does not charge VAT.
- Moving to a bigger plan takes effect at once, and you pay only for the days left in the period. Moving to a smaller plan or another billing cycle takes effect from the next period.
- If an invoice stays unpaid 7 days after it is due, the shop turns read-only: its records stay safe and visible, but new sales and changes wait until it is paid.
- We may change prices; a change applies from a shop's next period, and we tell shops at least 30 days before.
4. Your data
- The shop owns the records it puts into Debian POS. We use them only to provide the service, as our privacy policy describes, where Debian POS acts as the shop's processor.
- The shop is responsible for having the right to record its customers' and staff's data, and for honouring their choices, such as not texting customers who did not agree to marketing.
- A shop can export its main records at any time, and gets a full export if it closes its account.
5. Payment and messaging services
M-Pesa, Pesapal and Africa's Talking are connected using the shop's own accounts with them, and their own terms and charges apply. Debian POS records what those services report but does not hold the shop's money and is not responsible for their outages or decisions.
6. Tax and records
Debian POS helps a shop keep accurate sales and tax records, but the shop remains responsible for its own tax obligations, including KRA eTIMS invoices until Debian POS sends them for it.
7. Acceptable use
Do not use Debian POS to break the law, to send texts to people who have not agreed to receive them, to try to reach another shop's data, or to interfere with the service or its security. We may suspend an account that does, and will tell the shop why.
8. Availability and support
We aim to keep Debian POS running at all times and back up every shop's data every day, but cannot promise it will never be interrupted. The till keeps selling during a loss of internet and sends its sales once connected again. We plan maintenance for quiet hours and announce it when we can.
9. Liability
Debian POS is provided with reasonable skill and care. To the extent the law allows, we are not liable for indirect losses, such as lost profits or business, and our total liability in any year is limited to the fees the shop paid us in the twelve months before the claim. Nothing in these terms limits liability that the law does not allow to be limited. [Counsel to confirm the limits.]
10. Ending the agreement
A shop can stop using Debian POS at any time; paid periods are not refunded, and the account stays open until the period ends. We may end the agreement for serious or repeated breach of these terms. Either way, the shop gets its export, and its data is then handled as our privacy policy says.
11. Law and disputes
These terms are governed by the laws of Kenya. We will first try to settle any dispute by talking; failing that, the courts of Kenya decide.
12. Contact
Write to [Data protection email to be confirmed] or [Registered address to be confirmed], or use our contact page.