TERMS OF SERVICE

Last Updated: 19 September 2026
Effective Date: 19 September 2026

Welcome to Duka POS.

These Terms of Service ("Terms") govern your access to and use of the Duka POS website, software, applications, systems, features and related services (collectively, the "Service") provided through https://dukapos.africa.

By registering for an account, accessing the Service, starting a free trial, subscribing to a paid plan, or otherwise using Duka POS, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you should not use the Service.

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1. Definitions

For purposes of these Terms:

"Duka POS," "we," "us," or "our" means the operator and service provider of the Duka POS platform.

"You," "your," or "Customer" means the individual or business accessing or using Duka POS.

"Account" means the user account created to access the Service.

"Business Data" means information entered, uploaded, generated or stored by you through the Service, including products, inventory, customers, suppliers, sales, invoices, expenses, employees, reports and other business records.

"Subscription" means the paid plan or service package selected by you.

"User" means an individual authorised by you to access your business account.

"Third-Party Services" means services, applications, payment providers, communication providers, hardware providers, APIs or other services operated by third parties that may integrate with or be used alongside Duka POS.

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2. Acceptance of These Terms

By using Duka POS, you confirm that:

1. You have read and understood these Terms;

2. You agree to comply with these Terms;

3. You have the legal capacity to enter into this agreement;

4. If you are using Duka POS on behalf of a company, organisation or business, you have authority to bind that organisation;

5. The information you provide during registration is accurate and complete.

If you are registering on behalf of a business, references to "you" include that business.

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3. Description of the Service

Duka POS is a cloud-based business management platform designed to help businesses manage their operations.

Depending on your subscription and configuration, the Service may include:

• Point-of-sale functionality;

• Sales and transaction management;

• Invoicing;

• Inventory and stock management;

• Product management;

• Customer management;

• Supplier management;

• Multi-branch and warehouse management;

• User roles and permissions;

• Business and financial reports;

• Service and repair management;

• Employee and HR management;

• CRM and lead management;

• Expense and payment management;

• Business dashboards and analytics;

• Online or electronic records;

• Integrations with selected third-party services; and

• Other features introduced from time to time.

We may add, modify, improve, suspend or discontinue individual features as part of the ongoing development of the Service.

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4. Account Registration

To use certain features, you must create an account.

You agree to:

• Provide accurate and current registration information;

• Keep your account information updated;

• Maintain the confidentiality of your username and password;

• Use strong and appropriate passwords;

• Restrict access to your account to authorised users;

• Notify us promptly if you suspect unauthorised access; and

• Accept responsibility for activities conducted through your account.

You are responsible for all activity occurring under your account unless such activity resulted directly from our negligence or an unauthorised breach of our systems.

We may suspend or restrict an account where we reasonably believe that it has been compromised, misused or used in violation of these Terms.

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5. User Accounts and Permissions

Duka POS may allow account administrators to create additional users and assign different roles or permissions.

The account owner or administrator is responsible for:

• Creating and managing users;

• Assigning appropriate permissions;

• Removing former employees or unauthorised users;

• Protecting login credentials;

• Reviewing user activity where appropriate; and

• Ensuring that users comply with these Terms.

You should not provide administrator credentials to individuals who are not authorised to manage your business account.

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6. Free Trials

Where a free trial is offered, the trial period and available features will be communicated during registration or on the Duka POS website.

Unless otherwise stated:

• A free trial is provided for evaluation purposes;

• We may impose reasonable limits on trial accounts;

• Trial accounts may be suspended or terminated if misused;

• Trial features may differ from paid subscription features; and

• We do not guarantee that all features available during a trial will remain available after the trial ends.

Unless expressly stated otherwise, a free trial does not create an obligation for Duka POS to provide continued free access.

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7. Subscriptions and Fees

Certain Duka POS features require a paid subscription.

Subscription prices, billing periods, features and applicable limits will be displayed on the Duka POS website or communicated to you before purchase.

You agree to:

1. Pay all applicable subscription fees;

2. Provide accurate billing information;

3. Maintain a valid payment method where recurring billing applies; and

4. Pay any applicable taxes or government charges associated with your use of the Service.

We reserve the right to change subscription prices or introduce new pricing plans.

Where reasonably practicable, material price changes affecting existing subscriptions will be communicated before they take effect.

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8. Payment Processing

Duka POS may use third-party payment providers to process subscription payments or facilitate transactions.

Where a third-party payment provider is used:

• The payment provider's terms and privacy policy may also apply;

• Duka POS may not have access to complete payment credentials;

• We are not responsible for failures caused solely by a third-party payment provider;

• Payment disputes may need to be addressed with the relevant payment provider where applicable.

If Duka POS provides payment-related features for your business, you remain responsible for ensuring that your business complies with applicable payment, tax and financial regulations.

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9. Business Data Ownership

You retain ownership of Business Data that you submit to Duka POS.

Nothing in these Terms transfers ownership of your Business Data to Duka POS.

You grant Duka POS a limited, non-exclusive right to host, store, process, transmit, reproduce and otherwise use Business Data only as reasonably necessary to:

• Provide the Service;

• Maintain and secure the platform;

• Provide customer support;

• Perform backups;

• Prevent fraud or abuse;

• Troubleshoot technical problems;

• Improve the Service using appropriately aggregated or anonymised information; and

• Comply with applicable law.

You are responsible for ensuring that you have the necessary rights, permissions and lawful basis to provide Business Data to Duka POS.

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10. Customer and Employee Information

If you use Duka POS to store information relating to customers, employees, suppliers or other individuals, you are responsible for ensuring that such information is collected and processed lawfully.

You must not use Duka POS to collect or process personal information in violation of applicable privacy and data protection laws.

Where applicable, your use of personal data will also be governed by our Privacy Policy.

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11. Data Protection

Duka POS takes the security and privacy of user information seriously.

We may collect and process information necessary to provide and operate the Service, including account information, business information, transaction information, technical information and support information.

Our processing of personal data is described in our Privacy Policy.

Where Kenyan data protection law applies, including the Data Protection Act, 2019 and applicable regulations, the parties will comply with their respective obligations under applicable law.

You remain responsible for determining the lawful basis for personal data that you enter into the platform and for providing any notices or obtaining any consents required from individuals whose information you process.

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12. Acceptable Use

You agree not to use Duka POS to:

• Violate any applicable law or regulation;

• Commit fraud or facilitate fraudulent activity;

• Process transactions relating to unlawful goods or services;

• Attempt to gain unauthorised access to another user's account;

• Circumvent security controls;

• Introduce viruses, malware or other malicious code;

• Interfere with the operation of the platform;

• Conduct activities that could damage, overload or impair our infrastructure;

• Reverse engineer, decompile or attempt to obtain the source code of the Service except where expressly permitted by law;

• Copy, reproduce, resell or commercially exploit the Service without our written permission;

• Use automated systems to access the Service in a manner that places unreasonable load on our infrastructure;

• Impersonate another person or business;

• Upload unlawful, defamatory, fraudulent, infringing or harmful content; or

• Use the Service in a manner that may expose Duka POS or another user to legal or security risks.

We reserve the right to investigate suspected violations and take appropriate action.

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13. Your Business Responsibilities

Duka POS is a software platform and does not replace your responsibility to operate your business properly.

You are responsible for:

• The accuracy of your product information;

• Prices and discounts entered into the system;

• Inventory records;

• Sales and transaction records;

• Customer information;

• Employee information;

• Tax calculations and filings;

• Accounting decisions;

• Issuing legally required receipts or invoices;

• Compliance with sector-specific requirements;

• Compliance with consumer protection laws;

• Compliance with applicable licensing requirements; and

• The legality of goods and services sold through your business.

Duka POS provides tools to assist with business management but does not provide legal, tax, accounting or financial advice unless expressly agreed under a separate written agreement.

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14. Accuracy of Reports and Calculations

Duka POS may generate reports, summaries, calculations and analytics based on information entered into the system.

You acknowledge that:

• Reports depend on the accuracy and completeness of information entered into the platform;

• You should review important financial, inventory and business information before relying on it;

• Software calculations may be affected by configuration, data entry or system limitations; and

• You remain responsible for independently verifying information required for legal, tax, accounting or regulatory purposes.

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15. System Availability

We aim to provide reliable and continuous access to Duka POS.

However, we do not guarantee that the Service will always be:

• Available;

• Uninterrupted;

• Error-free;

• Completely secure;

• Free from bugs; or

• Compatible with every device, browser, network or third-party service.

Temporary interruptions may occur because of:

• Scheduled maintenance;

• Emergency maintenance;

• Security incidents;

• Infrastructure failures;

• Internet or telecommunications outages;

• Third-party service failures;

• Power interruptions;

• Cyberattacks;

• Government actions; or

• Other circumstances outside our reasonable control.

Where practical, we will provide advance notice of scheduled maintenance that materially affects the Service.

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16. Backups

We may maintain automated backups of platform data as part of our operational and security procedures.

However, backups are not a substitute for your own business record-keeping responsibilities.

You should maintain appropriate copies or exports of important business records where necessary.

We do not guarantee that every piece of data can be restored following every failure or incident.

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17. Third-Party Services and Integrations

Duka POS may integrate with or provide links to third-party services, including payment providers, communication services, accounting systems, hardware providers and other external platforms.

Third-party services are controlled by their respective providers.

Your use of those services may be subject to separate terms and privacy policies.

Duka POS is not responsible for:

• Third-party outages;

• Third-party service changes;

• Third-party pricing;

• Third-party security practices;

• Third-party data processing;

• Third-party transaction failures; or

• Losses caused solely by a third-party service.

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18. Hardware

Duka POS may be accessed using computers, tablets, smartphones, barcode scanners, receipt printers and other compatible hardware.

Unless expressly included in a separate agreement, hardware is not provided by Duka POS.

You are responsible for:

• Purchasing suitable hardware;

• Maintaining your devices;

• Ensuring device compatibility;

• Internet connectivity;

• Electricity and network availability; and

• Installing or maintaining required drivers or software.

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19. Intellectual Property

Duka POS and its underlying technology are protected by applicable intellectual property laws.

Unless otherwise stated, Duka POS owns or has the necessary rights to use:

• The Duka POS name and branding;

• Software and source code;

• Website design;

• User interfaces;

• Platform architecture;

• Documentation;

• Graphics;

• Logos;

• Features and workflows;

• Software components; and

• Other materials provided as part of the Service.

Your subscription gives you a limited, non-exclusive, non-transferable right to use the Service during your subscription period.

It does not transfer ownership of the software or intellectual property to you.

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20. Feedback

If you provide suggestions, ideas, recommendations, feature requests or other feedback about Duka POS, you agree that we may use that feedback to improve or develop our products and services without owing you compensation, provided that such use does not disclose your confidential information.

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21. Confidentiality

Each party may receive confidential information from the other party.

Each party agrees to:

• Keep confidential information reasonably protected;

• Use confidential information only for the purposes for which it was provided; and

• Not disclose confidential information to unauthorised third parties except where required by law or necessary to provide the Service.

Confidentiality obligations do not apply to information that:

• Is publicly available without breach of these Terms;

• Was already lawfully known;

• Is independently developed; or

• Must be disclosed by law or a valid legal order.

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22. Security

We implement reasonable technical and organisational measures intended to protect the Service and information processed through it.

However, no internet-based system can be guaranteed to be completely secure.

You are responsible for maintaining the security of your account credentials and devices.

If you discover a suspected security vulnerability or unauthorised access involving Duka POS, please notify us promptly through our official support channels.

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23. Suspension of Accounts

We may temporarily suspend an account where reasonably necessary to:

• Protect the security of the Service;

• Investigate suspected fraud or abuse;

• Investigate a violation of these Terms;

• Respond to a legal or regulatory requirement;

• Prevent harm to other users or third parties; or

• Address unpaid subscription fees.

Where reasonably possible, we will provide notice and an opportunity to resolve the issue.

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24. Termination

You may stop using Duka POS at any time.

We may terminate or suspend your access where:

• You materially breach these Terms;

• You engage in unlawful activity;

• You misuse the Service;

• You fail to pay applicable subscription fees;

• Your account creates a material security risk;

• Continued provision of the Service becomes unlawful; or

• We discontinue the relevant Service.

Termination does not affect rights or obligations that arose before termination.

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25. Data After Termination

Following termination or account closure, we may retain certain information where reasonably necessary to:

• Comply with legal obligations;

• Resolve disputes;

• Prevent fraud;

• Enforce our agreements;

• Maintain financial or accounting records; or

• Protect our legitimate business interests.

Subject to applicable law and our data retention practices, we may delete or anonymise remaining account information after a reasonable period.

Where data export functionality is provided, you should export important Business Data before closing your account.

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26. Refunds

Subscription fees are generally non-refundable except where:

• Required by applicable law;

• A refund is expressly provided under the applicable subscription plan;

• We agree to a refund in writing; or

• A payment was made in error and the circumstances warrant correction.

If you believe you were incorrectly charged, contact our support team as soon as reasonably possible.

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27. Limitation of Liability

To the maximum extent permitted by applicable law, Duka POS and its owners, employees, contractors, service providers and affiliates will not be liable for indirect, incidental, special, consequential or punitive losses arising from your use of the Service.

This may include, without limitation:

• Loss of profits;

• Loss of revenue;

• Loss of business opportunities;

• Loss of anticipated savings;

• Loss of goodwill;

• Business interruption; or

• Loss resulting from reliance on inaccurate or incomplete Business Data.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

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28. No Guarantee of Business Results

Duka POS provides software and business-management tools.

We do not guarantee that using the Service will:

• Increase your sales;

• Reduce your costs;

• Increase your profits;

• Prevent theft or fraud;

• Eliminate inventory losses;

• Improve employee performance; or

• Produce any particular business result.

Business results depend on many factors outside our control.

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29. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Duka POS, its owners, employees, contractors and service providers from claims, losses, liabilities and reasonable expenses arising from:

• Your unlawful use of the Service;

• Your violation of these Terms;

• Your violation of another person's rights;

• Your Business Data;

• Your violation of applicable laws; or

• Your misuse of third-party integrations.

This provision does not apply to losses caused by our own wilful misconduct or liability that cannot legally be transferred to you.

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30. Force Majeure

We will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including:

• Natural disasters;

• Fire;

• Flood;

• War;

• Terrorism;

• Civil unrest;

• Government action;

• Internet outages;

• Telecommunications failures;

• Power failures;

• Cybersecurity incidents;

• Third-party infrastructure failures; or

• Other events beyond our reasonable control.

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31. Changes to the Service

We may modify, improve, replace or discontinue features of Duka POS from time to time.

We may also introduce new features, limits or requirements.

Where a change materially affects your use of a paid Service, we will make reasonable efforts to provide appropriate notice.

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32. Changes to These Terms

We may update these Terms from time to time.

When we make material changes, we may provide notice through the website, your account, email or another reasonable communication method.

The updated Terms will become effective on the date stated in the updated version.

Your continued use of Duka POS after the effective date constitutes acceptance of the updated Terms.

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33. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

Subject to any mandatory dispute-resolution requirements under applicable law, the courts of Kenya shall have jurisdiction over disputes arising from or relating to these Terms or your use of Duka POS.

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34. Dispute Resolution

If you have a dispute with Duka POS, you agree to first contact us and provide reasonable details of the issue.

We will make reasonable efforts to resolve the matter through good-faith communication before formal legal proceedings are initiated.

Nothing in this section prevents either party from seeking urgent legal relief where necessary.

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35. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision shall be interpreted to the extent necessary to make it enforceable.

The remaining provisions shall continue in full force and effect.

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36. No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision later.

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37. Entire Agreement

These Terms, together with our Privacy Policy and any applicable subscription agreement or written agreement between you and Duka POS, constitute the agreement governing your use of the Service.

If there is a conflict between these Terms and a separately signed written agreement, the signed agreement will prevail to the extent of the conflict.

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38. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign these Terms as part of a merger, acquisition, restructuring, sale of assets or similar corporate transaction, provided that applicable legal requirements are satisfied.

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39. Contact Us

If you have questions regarding these Terms, your account, subscriptions or the Duka POS Service, please contact us through the contact details published on our website.

Website: https://dukapos.africa

Support: Please use the official Duka POS support/contact channels provided on the website.

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40. Acknowledgement

By creating an account, accessing the platform, starting a free trial or using Duka POS, you acknowledge that:

• You have read these Terms;

• You understand these Terms;

• You agree to comply with them; and

• You agree to our Privacy Policy.

© 2026 Duka POS. All Rights Reserved.