Terms and Conditions
Last Updated: April 3, 2026
1. Agreement Overview
These Terms and Conditions govern the relationship between your business (the "Merchant") and Pointit.pos. By utilizing our multi-tenant SaaS platform, hardware integrations, or offline-capable software, you agree to comply with these professional standards of operation.
2. Ownership & Software Integrity
The Pointit.pos platform, including the "Pointit.pos" application, remains the exclusive property of Pointit.pos.
- Restrictions: You shall not attempt to reverse engineer, modify, delete, or add to the POS software or its underlying architecture.
- Usage: The service must be used only by authorized personnel and for legitimate business purposes in compliance with Kenyan law.
3. Payment Processing & Fees
Pointit.pos facilitates automated E-Value transfers (M-Pesa, Card, etc.) and manual cash recording.
- No Surcharge Policy: Merchants agree not to charge additional commissions or levies to customers who choose to pay via digital methods rather than cash.
- Fee Variation: We reserve the right to vary service fees with 30 days' notice. Continued use of the platform after this period constitutes acceptance.
4. Device & Hardware Maintenance
For any hardware issued by or integrated with Pointit.pos:
- Custody: You agree to keep all POS hardware protected and utilized in accordance with the provided POS Manual.
- Reporting: You must immediately inform us of any technical breakdown or malfunction. Negligence leading to hardware damage may result in replacement charges.
5. Offline Capability & Data Sync
Our Application architecture supports offline transactions. However, you are responsible for ensuring devices connect periodically to sync local data to the cloud. Pointit.pos is not liable for data discrepancies resulting from prolonged offline periods or local hardware failure.
6. Limitation of Liability
Our liability for any loss incurred—whether in contract or tort—is limited or the direct value of the loss, whichever is less. We are not liable for losses caused by third-party telco outages or electrical failures.
7. Dispute Resolution
This Agreement is governed by the laws of Kenya. Any disputes that cannot be resolved amicably within 60 days shall be referred to arbitration in Nairobi in accordance with the Arbitration Act.