VendoFlow

Terms of Service

Last Updated: May 18, 2025

1. Introduction

Welcome to VendoFlow POS ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the VendoFlow POS application, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

VendoFlow POS is a point of sale system designed for Kenyan businesses to manage sales, inventory, and customer relationships. Our Service is intended for business use only and is subject to Kenyan laws and regulations.

2. Business Registration and Account Creation

To use our Service, you must be a legally registered business in Kenya with a valid Kenya Revenue Authority (KRA) PIN. You agree to provide accurate, current, and complete information during the registration process, including your business name, KRA PIN, and contact details.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

Each account is limited to use by a single business entity. Multiple branches of the same business may be accommodated under a single account with appropriate subscription plans.

3. Compliance with Kenyan Laws

You agree to use the Service in compliance with all applicable Kenyan laws and regulations, including but not limited to:

  • The Data Protection Act, 2019
  • The Consumer Protection Act, 2012
  • The Kenya Information and Communications Act
  • Tax laws and regulations as stipulated by the Kenya Revenue Authority
  • Electronic transaction laws and regulations

You are responsible for ensuring that your use of the Service, including the collection, storage, and processing of customer data, complies with these laws and regulations.

4. Payment Processing and Financial Services

Our Service may integrate with various payment methods common in Kenya, including M-Pesa, card payments, and bank transfers. You acknowledge that:

  • We are not a financial institution or payment processor, but rather facilitate connections to authorized payment service providers
  • You must comply with the terms and conditions of the payment service providers you choose to use
  • You are responsible for maintaining accurate financial records and issuing proper receipts to customers
  • You must comply with all KRA requirements for Electronic Tax Register (ETR) integration where applicable
  • Transaction fees may apply as per our current pricing and the rates of the payment service providers

For M-Pesa integrations, you must have a valid Safaricom business account and comply with all Safaricom Business terms and conditions.

5. Electronic Tax Register (ETR) Compliance

If you are required to use an Electronic Tax Register (ETR) under Kenyan law, our Service offers integration capabilities to help you maintain compliance. However:

  • You remain solely responsible for ensuring your business complies with all KRA requirements
  • You must verify that any integration between our Service and your ETR system functions correctly
  • We do not guarantee that our Service will meet all current and future KRA requirements without updates
  • You are responsible for maintaining proper tax records and submitting required reports to the KRA

6. Data Management and Security

You are responsible for all data that you input into the Service, including but not limited to customer information, inventory data, and sales data. You must:

  • Obtain proper consent from customers before collecting their personal information
  • Inform customers about how their data will be used
  • Implement appropriate security measures to protect customer data
  • Comply with the Data Protection Act, 2019 and other applicable data protection laws
  • Notify us and affected customers promptly in case of any data breach

We implement reasonable security measures to protect your data, but we cannot guarantee that your data will be completely secure. You are responsible for implementing your own security measures, such as using strong passwords and keeping your account information confidential.

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of VendoFlow POS and its licensors. The Service is protected by copyright, trademark, and other laws of Kenya and other countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of VendoFlow POS. You retain all rights to your business data that you input into the Service.

8. Subscription and Billing

Our Service is provided on a subscription basis with pricing in Kenyan Shillings (KES). By subscribing to the Service, you agree to pay the subscription fees as described at the time of purchase.

Subscription fees are non-refundable except as required by Kenyan consumer protection laws or as explicitly stated in these Terms. We may change the subscription fees with 30 days' notice. Any changes will not affect your current subscription period.

Payments can be made via M-Pesa, bank transfer, or other available payment methods. For annual subscriptions, we may offer payment in installments as per the terms agreed upon at the time of purchase.

9. Service Availability and Support

We strive to maintain 99.9% uptime for our Service, but we cannot guarantee uninterrupted access due to factors beyond our control, including internet connectivity issues, power outages, or force majeure events.

Technical support is available during Kenyan business hours (8:00 AM to 5:00 PM EAT, Monday to Friday) via phone, email, and WhatsApp. Extended support hours may be available for premium subscription plans.

We provide regular updates to the Service to improve functionality, fix bugs, and address security concerns. These updates may occasionally require temporary service interruptions, which we will schedule during off-peak hours whenever possible.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

Upon termination, we will provide you with an export of your business data in a standard format upon request, subject to any outstanding payments being settled.

11. Limitation of Liability

To the maximum extent permitted by Kenyan law, in no event shall VendoFlow POS, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use or alteration of your transmissions or content
  • System downtime or failures that affect your business operations

Our liability is limited to the amount you have paid for the Service in the 12 months preceding the event giving rise to the liability.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through the following process:

  1. Informal negotiation: Parties will attempt to resolve the dispute through good-faith negotiations
  2. Mediation: If negotiations fail, the dispute may be submitted to mediation under the rules of the Nairobi Centre for International Arbitration
  3. Arbitration: If mediation fails, the dispute shall be resolved by binding arbitration in Nairobi, Kenya

These dispute resolution procedures shall not prevent either party from seeking injunctive relief in cases of urgent need.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may discontinue using the Service.

15. Contact Us

If you have any questions about these Terms, please contact us at:

support@vendoflow.com

Phone: +254 704 803 331

VendoFlow POS
Parklands
Nairobi
Kenya