Terms & Conditions

1. Scope and acceptance

These Terms and Conditions govern your access to and use of DukaFlow's website, software platform, demos, support channels, and related services. By using DukaFlow, requesting a demo, creating an account, or purchasing access to the service, you agree to these Terms.

If you are acting for a company, partnership, organisation, or other business, you confirm that you have authority to bind that entity to these Terms.

2. Our services

DukaFlow provides software and related digital services for point-of-sale operations, inventory, reporting, customer management, integrations, and related business workflows. Some features may be offered on a subscription, pilot, demo, early access, or invite-only basis.

We may improve, modify, suspend, or discontinue features from time to time. Where changes materially affect paid services, we will aim to give reasonable notice.

3. Eligibility, accounts, and business responsibility

You must provide accurate and complete information when requesting access, opening an account, or submitting business details. You are responsible for the activity carried out using your credentials and for maintaining appropriate access controls within your organisation.

• Keep passwords and administrator credentials secure.
• Notify us promptly if you suspect unauthorised access.
• Ensure your employees and agents use the platform lawfully and according to these Terms.

4. Orders, subscriptions, fees, and taxes

Paid services may be offered under separate order forms, proposals, implementation scopes, or pricing pages. Unless a written commercial agreement says otherwise, fees are payable in advance and are exclusive of applicable taxes, levies, duties, and bank charges.

We will not intentionally make false, misleading, or deceptive claims about the nature, quality, availability, or benefits of our software. Nothing in these Terms limits any consumer rights that cannot lawfully be excluded under the Constitution of Kenya or the Consumer Protection Act.

5. Permitted use and restrictions

Subject to payment of applicable fees and continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use DukaFlow for your internal business purposes.

You must not, except where permitted by law or in writing:

• copy, resell, sublicense, or distribute the software;
• reverse engineer, decompile, disassemble, or attempt to derive source code;
• bypass security controls or probe the platform in a way that could impair service integrity;
• upload unlawful, infringing, deceptive, or malicious content;
• use the platform to violate tax, employment, privacy, consumer, intellectual property, or other applicable laws.

6. Intellectual property rights

The DukaFlow software, source code, object code, user interface, workflows, documentation, branding, content, design, and supporting materials remain the property of DukaFlow or its licensors. No ownership rights are transferred to you except for the limited use rights expressly granted in these Terms.

This clause is intended to align with the Kenyan framework that recognises intellectual property rights and treats computer programs as copyright-protected literary works under the Copyright Act.

• You retain ownership of your business records, transaction data, and content that you lawfully submit to the platform.
• You give us the limited rights necessary to host, process, back up, secure, transmit, and display that data for service delivery, support, analytics, compliance, and improvement.
• If you submit feedback, suggestions, or product ideas, we may use them without restriction or payment, unless a separate written agreement states otherwise.

7. Customer data, privacy, and confidentiality

Each party must protect confidential business, technical, and commercial information disclosed by the other party. We will handle personal data in accordance with our Privacy Policy and applicable Kenyan data protection requirements.

You are responsible for ensuring that any personal data you upload to DukaFlow has been collected and processed lawfully, including where employee, customer, supplier, or third-party information is involved.

8. Integrations and third-party services

DukaFlow may interoperate with third-party payment systems, messaging providers, accounting tools, hardware, government systems, or other integrations. Your use of those third-party services may also be subject to their own terms, fees, policies, availability constraints, and legal requirements.

We are not responsible for outages, pricing changes, data handling, or acts of third-party providers except to the extent required by non-excludable law.

9. Availability, support, and service changes

We will use commercially reasonable efforts to keep DukaFlow available and secure. However, software services may experience maintenance windows, connectivity interruptions, third-party dependency failures, or force majeure events.

We may suspend access where reasonably necessary to protect the platform, investigate abuse, comply with law, or prevent harm to customers, users, or third parties.

10. Warranties and statutory protections

We aim to provide services of reasonable quality and to describe them accurately. Except to the extent prohibited by Kenyan law or expressly set out in a written commercial agreement, the service is provided on an "as available" and "as is" basis.

Nothing in these Terms excludes or restricts rights that cannot lawfully be waived, including statutory protections relating to fair dealing, quality, consumer information, and remedies under Kenyan law.

11. Limitation of liability

To the maximum extent permitted by applicable law, DukaFlow will not be liable for indirect, incidental, special, punitive, or consequential loss, including loss of profits, revenue, business, goodwill, anticipated savings, or data, arising from use of or inability to use the service.

To the extent the law allows a limitation, our aggregate liability in connection with a claim under these Terms will not exceed the fees paid by you for the affected service during the twelve months preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be excluded, including fraud, wilful misconduct, or statutory obligations that remain mandatory under Kenyan law.

12. Suspension and termination

We may suspend or terminate access if you materially breach these Terms, fail to pay undisputed fees, misuse the platform, infringe intellectual property rights, or create legal, security, or operational risk.

You may stop using the service at any time, subject to any minimum commitment or billing period set out in your commercial arrangement.

13. Governing law and disputes

These Terms are governed by the laws of Kenya. Before filing a formal claim, the parties should first attempt in good faith to resolve the dispute through written notice and direct business discussions.

If a dispute cannot be resolved amicably, it may be referred to a competent court or tribunal in Kenya, unless the parties agree in writing to another dispute-resolution process.

14. Changes to these Terms

We may update these Terms from time to time to reflect legal, regulatory, product, or operational changes. Updated versions will become effective when posted, unless a later date is stated.

15. Contact

For questions about these Terms, contractual use of DukaFlow, or intellectual property concerns, please contact DukaFlow through the contact channels published on this website.