Terms and Conditions for Uzalynx Point of Sale (POS) System

1. Introduction

Welcome to the Uzalynx Point of Sale (POS) System ("System"), a product of Epteq Systems ("we", "our", "us"). These Terms and Conditions ("Agreement") govern your use of the Uzalynx POS system. By accessing, installing, or using the Uzalynx POS system, you ("Customer", "User", or "You") agree to comply with these Terms and Conditions.

If you do not agree to these Terms and Conditions, please refrain from using the System. We reserve the right to update or modify these Terms at any time. Any changes will be posted on our website, and continued use of the System after such changes will constitute acceptance of the modified Terms.

2. Acceptance of Terms

By using the Uzalynx POS system, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. You also agree to comply with any applicable laws, including those related to data protection, intellectual property, and e-commerce regulations in Kenya.

You represent that you are legally authorized to enter into this Agreement and use the Uzalynx POS system on behalf of your business, organization, or other entity.

3. User Responsibilities

You agree to:

Compliance with Laws: Use the Uzalynx POS system only for lawful purposes and in accordance with applicable laws and regulations, including but not limited to the Data Protection Act, 2019 (Kenya).
Account Security: You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized use of your account.
Accurate Data: Ensure that all information entered into the system, such as customer data, transaction details, pricing, and inventory, is accurate and up to date.
Prohibited Activities: Refrain from using the System for any illegal activities, including fraud, money laundering, or violating intellectual property rights.

4. Payment Terms

You agree to:

Service Fees: By subscribing to Uzalynx POS services, you agree to pay the fees outlined in the service plan you select. These fees are subject to change with prior notice.
Payment Methods: Payments may be made through bank transfer, mobile money (e.g., M-Pesa), or other payment methods as agreed upon. All payments must be received in full for continued access to the System.
Late Payments: If payments are not made within the specified time, access to the Uzalynx POS system may be suspended until payment is made. We reserve the right to charge late fees or interest on overdue payments.
Refunds: Refunds are generally not provided, except in cases where services were not delivered or where a billing error occurred.

5. Data Privacy and Protection

Data Collection: We collect certain personal and business information to provide and improve the Service. This includes customer contact details, payment information, transactional data, and business-related data entered into the system.
Use of Data: The data collected will be used exclusively to provide you with the POS services, including processing transactions, inventory management, and customer interactions. We may also use your data for internal analytics and improvements to the system.
Data Security: We implement reasonable technical and organizational measures to protect your data from unauthorized access, alteration, or disclosure. However, no system can be completely secure, and we do not guarantee absolute security of your data.
Data Retention: We retain your data for as long as needed to fulfill the purposes outlined in this Agreement or as required by law. You may request that we delete or anonymize your data, subject to applicable laws.

6. Intellectual Property

Ownership: The Uzalynx POS system and its components, including the software, trademarks, logos, content, and documentation, are the exclusive property of Epteq Systems. You are granted a non-exclusive, non-transferable license to use the POS system during the term of this Agreement.
License Grant: You are granted a limited license to use the POS system for business operations. You may not sub-license, transfer, or assign the license to third parties.
Prohibited Use: You may not modify, reverse-engineer, decompile, or attempt to derive the source code of the Uzalynx POS system. You may not use the System in a way that violates the rights of others or infringes on intellectual property laws.

7. Service Availability and Support

Availability: Uzalynx POS strives to provide reliable service, but we do not guarantee uninterrupted access. The System may be temporarily unavailable due to maintenance, technical issues, or external factors.
Support Services: We offer customer support via email, phone, or live chat during business hours. Support is available based on the service plan you have subscribed to, and response times may vary depending on the nature of the issue.
Maintenance: We reserve the right to perform scheduled or emergency maintenance on the POS system. We will provide notice of scheduled maintenance whenever possible.

8. Limitations of Liability

No Warranties: The Uzalynx POS system is provided "as-is" and without any warranties or representations, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Liability Cap: Epteq Systems will not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the POS system, including loss of data, revenue, profits, or business interruption. Our liability is limited to the amount you have paid for the Service during the 12 months preceding the event causing the claim.

9. Termination

By You: You may terminate your use of the Uzalynx POS system at any time by providing written notice to Epteq Systems. Upon termination, you must settle any outstanding payments.
By Us: We reserve the right to suspend or terminate your access to the Service if you violate any of the terms outlined in this Agreement. In case of termination, we will notify you in writing and explain the reason for the termination.
Effect of Termination: Upon termination of this Agreement, you will lose access to the POS system and all associated services. Any data associated with your account will be retained for a reasonable period in accordance with applicable laws.

10. Dispute Resolution

Informal Resolution: In the event of any dispute arising from this Agreement, the parties agree to first attempt to resolve the matter through informal negotiations.
Arbitration: If informal resolution is not successful, the dispute will be referred to arbitration in accordance with the Arbitration Act, 2014 (Kenya). The arbitration will take place in Nairobi, Kenya, and will be conducted in English.
Court Jurisdiction: Any disputes not resolved through arbitration will be subject to the exclusive jurisdiction of the courts in Nairobi, Kenya.

11. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the Republic of Kenya. You consent to the jurisdiction of the courts in Nairobi, Kenya for any legal actions arising from this Agreement.

12. Miscellaneous

Force Majeure: Epteq Systems will not be liable for any failure to perform due to circumstances beyond our reasonable control, such as natural disasters, war, strikes, or government restrictions.
Severability: If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement: This Agreement represents the entire understanding between you and Epteq Systems regarding the use of the POS system and supersedes all prior agreements or communications.

13. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at:

Email: [Your Email Address]
Phone: [Your Phone Number]
Address: [Your Physical Address]
Website: [Your Website URL]