Terms of Service

1. The Service

Duka Digital is a shop-management and point-of-sale platform designed for small businesses. It may include features such as sales and receipt management, inventory and stock tracking, debtor and credit management, staff access controls, customer reminders and messaging, business analytics, subscription billing, optional paid add-ons, and payment-related workflows through third-party providers.

The Service is provided by Quibela under the Duka Digital brand and is available on the web and as an Android application.

We may add, modify, or discontinue features at any time in order to maintain reliability, security, compliance, or product quality. We will make reasonable efforts to communicate significant changes, but continued use of the Service after a change constitutes acceptance of that change.

2. Accounts and access

• You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account.
• You must provide accurate, complete, and current information when creating or maintaining an account.
• You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
• Shop owners are responsible for the actions of all staff members, invited users, and connected devices under their shop.
• You must notify us promptly if you suspect unauthorized access to your account.
• We may suspend or restrict access where necessary to protect users, investigate suspected abuse, or enforce these Terms.

3. Billing, subscriptions, and purchases

Certain features of Duka Digital require an active subscription or additional paid purchases, such as SMS bundles, automation credits, analytics access, or premium plan upgrades.

• Prices, billing intervals, and feature entitlements are presented at checkout before you confirm payment.
• Subscriptions may renew automatically at the end of each billing period unless you cancel before the renewal date.
• Subscription access and add-on credits activate only after payment is successfully confirmed by our payment processor.
• Failed, reversed, cancelled, disputed, expired, or unverified payments do not grant or maintain access to paid features. Your access may be downgraded or suspended if a payment fails or is reversed.
• Optional paid features and add-ons (such as SMS bundles or automation credits) carry additional charges as described at the point of purchase.
• Third-party payment processors (such as M-Pesa or IntaSend) may apply their own terms, fees, settlement timelines, and verification rules.
• Refunds are generally not available once a subscription period has begun or credits have been delivered, except where required by applicable law. We may consider refund requests on a case-by-case basis at our sole discretion.

4. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose, including fraud, money laundering, or the sale of prohibited goods or services.
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or our infrastructure.
• Interfere with or disrupt the Service, its availability, security controls, or the experience of other users.
• Upload, transmit, or store data that you do not have the lawful right to collect, process, or use.
• Send unsolicited, abusive, deceptive, or unlawful messages through any messaging, reminder, or notification feature.
• Scrape, reverse-engineer, or attempt to extract source code or proprietary data from the Service.
• Misrepresent your identity, your shop, or your affiliation with any person or organization.

Violation of these rules may result in immediate suspension or termination of your account without notice.

5. Your data and responsibilities

Your ownership. You retain ownership of all business, customer, staff, transaction, and inventory data that you enter, upload, or generate through the Service ("Your Data"). Quibela does not claim ownership of Your Data.

Your responsibilities. You are solely responsible for the accuracy, legality, and appropriateness of Your Data. You must ensure that you have the necessary rights and consents to collect, store, and process any personal information (including customer names, phone numbers, and debtor records) that you enter into the Service. You are responsible for complying with any applicable data-protection laws in your jurisdiction.

Our use. We may use aggregated, anonymized, or de-identified data derived from the Service for analytics, security monitoring, product improvement, and operational purposes. Such data will not identify you or your customers individually.

Our full data-handling practices are described in the Privacy Policy. If you want your account or shop removed, you may submit a request through Account Deletion.

6. Service availability and support

We aim to keep Duka Digital reliable and available, but we do not guarantee uninterrupted, error-free, or continuous access. The Service may be temporarily unavailable due to maintenance, updates, infrastructure issues, or circumstances beyond our control.

Certain features depend on internet connectivity, device compatibility, and third-party providers including payment processors, SMS gateways, and email services. Outages or limitations of those third-party services are outside our control.

Support responses and operational assistance may vary depending on the nature of the issue, your subscription plan, and the urgency of the incident.

7. Suspension and termination

By you. You may stop using the Service at any time. You may request account deletion through Account Deletion. Cancelling your account does not entitle you to a refund of any fees already paid.

By us. We may suspend or terminate your access at any time, with or without notice, if:

• You violate these Terms or any applicable law.
• You engage in fraudulent, abusive, or threatening conduct.
• Your payment obligations are not met, including failed or reversed payments.
• Continued access would create a security, legal, or operational risk.
• We are required to do so by law or regulatory authority.

Effect of termination. Upon termination, your right to access the Service ends immediately. We may retain certain data as described in the Privacy Policy for legal, compliance, fraud-prevention, and backup purposes. Access to Your Data after termination or account closure is subject to our data-retention practices and is not guaranteed.

Inactive accounts. Shops that remain inactive for an extended period may enter a staged cleanup and deletion process as described in the Privacy Policy.

8. Disclaimer of warranties

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise.

We expressly disclaim all implied warranties including, without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the information provided through the Service is complete or accurate; or that the Service will meet your specific requirements or business expectations.

You acknowledge that you use the Service at your own risk and that you are solely responsible for any decisions you make based on the Service, including business, financial, and inventory decisions.

9. Limitation of liability

To the fullest extent permitted by the laws of Kenya, in no event shall Quibela, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, business opportunity, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

To the extent permitted by law, our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the amounts you have paid to Quibela in the twelve (12) months immediately preceding the event giving rise to the claim, or one thousand Kenyan Shillings (KES 1,000), whichever is greater.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Quibela, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your use of the Service; your violation of these Terms; your violation of any applicable law; or any data, content, or information you submit, store, or transmit through the Service.

11. Governing law and disputes

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict-of-law principles.

Any dispute arising out of or in connection with these Terms or the Service shall first be resolved through good-faith negotiation. If the dispute cannot be resolved informally within thirty (30) days, it shall be submitted to the exclusive jurisdiction of the courts of Kenya.

12. General provisions

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Quibela regarding the Service.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

13. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will publish the revised version on this page and, where appropriate, notify you through the Service (for example, by requiring you to review and accept the updated terms). Your continued use of the Service after changes are published constitutes your acceptance of the revised Terms.

14. Contact

If you have questions about these Terms, please contact us at support@dukadigital.com.