1. Introduction
Welcome to SawaPOS ("we", "us", "our", "Service"). SawaPOS is a cloud-based point of sale (POS) software solution designed for retail shops, restaurants, pharmacies, supermarkets and other small to medium enterprises (SMEs) in Kenya and East Africa. By signing up for or using our service, you ("Customer", "you", "your") agree to be bound by these Terms & Conditions. If you do not agree, please do not use SawaPOS.
2. Eligibility
You must be at least 18 years old and legally able to enter into a binding contract under Kenyan law. By creating an account, you confirm that the business information you provide is accurate and that you have the authority to bind your business to these terms.
3. One-Off Payment & Access Period
SawaPOS is sold as a single one-off payment that grants access to the Service for four (4) years from the date payment is confirmed. There is no subscription, no recurring billing and no separate feature tiers — all features described in these Terms are included. Your account remains inactive until the one-off payment is confirmed. You may explore the Service before paying using the live demo on our website, which requires no payment details. When the four-year access period ends, you may renew with a further one-off payment; your data is preserved for 90 days after expiry, after which it may be permanently deleted.
4. Subscription Plans & Payment
SawaPOS offers Monthly, 1-Year, 2-Year and Lifetime subscription plans. Prices are listed in Kenyan Shillings (KES) and may include or exclude VAT as indicated. Payment is processed via M-Pesa STK Push, Till Number, Paybill, Kopokopo, or other approved channels.
- Monthly plans renew automatically each month until cancelled.
- Yearly plans renew automatically at the end of the term unless cancelled in advance.
- Lifetime plans are one-off payments granting perpetual access to the version of SawaPOS for which you subscribed, including reasonable updates.
5. Refund Policy
We offer a 7-day money-back guarantee on Monthly and Yearly plans from the date of first payment. Lifetime plans are non-refundable. To request a refund, contact support@sawapos.com within the 7-day window. Refunds are processed within 14 working days via the original payment method.
6. Acceptable Use
You agree not to:
- Use SawaPOS for any illegal, fraudulent or harmful activity
- Resell, sublicense or white-label the Service without written permission
- Reverse engineer, decompile or otherwise attempt to extract our source code
- Use the Service to send spam, malware or unsolicited communications
- Use the Service in violation of Kenya Revenue Authority (KRA), Communications Authority (CA) or Central Bank of Kenya (CBK) regulations
- Attempt to gain unauthorized access to other customers' data or our infrastructure
7. M-Pesa, Kopokopo & Payment Processing
SawaPOS integrates with Safaricom M-Pesa (via Daraja API) and Kopokopo. We facilitate payment collection but are not a licensed payment service provider. All M-Pesa transactions are processed directly by Safaricom and are subject to Safaricom's own terms and transaction fees. SawaPOS does not hold customer funds.
8. Data Ownership & Privacy
You own all data you upload to SawaPOS, including product catalogues, customer information and sales records. We process your data solely to provide the Service. For full details, see our Privacy Policy. We comply with the Kenya Data Protection Act, 2019.
9. Availability & Service Levels
We target 99.9% monthly uptime. Planned maintenance windows are announced at least 48 hours in advance. We are not liable for downtime caused by third parties (e.g. Safaricom M-Pesa outages, internet service provider failures, force majeure events including power outages or natural disasters).
10. Account Suspension & Termination
We may suspend or terminate your account if you breach these terms, fail to pay subscription fees, or engage in fraudulent activity. You may cancel your subscription at any time from your dashboard. Upon termination, you may export your data for 30 days, after which it may be permanently deleted.
11. Intellectual Property
SawaPOS, the SawaPOS logo, the software, and all associated trademarks are the exclusive property of SawaPOS. Nothing in these terms grants you any right or license to our IP except the limited right to use the Service as a paying customer.
12. Limitation of Liability
To the maximum extent permitted by Kenyan law, SawaPOS is provided "as is" without warranty of any kind. We are not liable for indirect, incidental, consequential, or special damages arising out of your use of the Service. Our total aggregate liability shall not exceed the fees you paid in the 12 months preceding the claim.
13. Indemnification
You agree to indemnify and hold SawaPOS harmless from any claims arising out of your misuse of the Service, your breach of these terms, or your violation of any applicable law including KRA tax law.
14. Changes to Terms
We may update these Terms from time to time. Material changes will be communicated by email and in-app notification at least 14 days before they take effect. Continued use of the Service after changes constitutes acceptance.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Republic of Kenya. Any disputes shall first be referred to good-faith negotiation, then to mediation in Nairobi, and finally to the courts of Kenya having competent jurisdiction.
16. Contact
For questions about these Terms, contact us:
- Email: legal@sawapos.com
- WhatsApp: +254 7XX XXX XXX
- Address: Nairobi, Kenya