MajiPoint Terms of Service

1. About MajiPoint

MajiPoint is a web-based business management and point-of-sale platform designed primarily for water refill businesses and related enterprises.

Depending on the subscription and functionality available to the customer, MajiPoint may provide features including:

• sales and refill recording
• point-of-sale functionality
• inventory management
• tank and water-production tracking
• expense recording
• business reporting and analytics
• employee accounts and activity tracking
• management of multiple business outlets
• customer records
• debt and credit management
• receipt generation and communication
• WhatsApp-enabled communications
• data export
• other functionality introduced by MajiPoint from time to time

MajiPoint may introduce additional features and integrations in the future, including technology involving IoT devices, automated tank monitoring, financing or working-capital services, APIs, accounting integrations, artificial intelligence, messaging services, and other business-management functionality.

Future functionality may be subject to additional terms, fees, eligibility requirements, or separate agreements.

2. Eligibility

You must be at least 18 years old to create or use a MajiPoint account.

By creating an account, you represent that:

1. you are at least 18 years old;
2. the information you provide is accurate and complete;
3. you have authority to create the account and bind the business you represent, where applicable; and
4. you will use MajiPoint in accordance with these Terms and applicable law.

MajiPoint is intended primarily for businesses and commercial users.

3. Account Registration

You may create a MajiPoint account through the MajiPoint website or web application.

You are responsible for:

• maintaining accurate account information
• keeping your login credentials confidential
• preventing unauthorised access to your account
• ensuring that employees and other authorised users use the account appropriately
• all activity conducted through your account, except where caused by circumstances demonstrably outside your reasonable control

You must notify MajiPoint promptly if you believe that your account has been compromised or accessed without authorisation.

MajiPoint may require additional information where reasonably necessary to verify an account, prevent fraud, maintain security, or comply with applicable law.

4. Business and Employee Accounts

A business may create accounts for employees or other authorised users where the relevant functionality is available.

The business is responsible for determining who is authorised to access its MajiPoint account and for ensuring that its users comply with these Terms.

Where available, MajiPoint may record which user performed particular actions, including sales, changes, or other activities. Such records may be used for operational, security, audit, and support purposes.

MajiPoint may introduce more granular role-based permissions and access controls in the future.

5. Multiple Outlets

Where a customer operates multiple outlets, MajiPoint may permit authorised users to switch between outlets through the application.

The customer is responsible for ensuring that information associated with each outlet is entered accurately and that users are given appropriate access.

MajiPoint does not currently represent that it provides a full franchise-management system. Any future franchise or multi-business management functionality may be introduced separately.

6. Free Trial

MajiPoint currently provides a 7-day free trial to eligible new users.

Unless otherwise stated, the trial begins when the customer's account is activated.

MajiPoint may modify, suspend, or discontinue trial eligibility at any time, including where it reasonably believes that a user is abusing the trial system.

Unless otherwise agreed, a paid subscription is required after the trial period in order to continue using the full functionality of MajiPoint.

7. Subscription Plans and Fees

MajiPoint currently offers the following standard subscription plans:

• Monthly: KSh 900 per month; or
• Annual: KSh 9,000 per year.

MajiPoint may introduce different plans, pricing, features, usage limits, discounts, or promotional offers in the future.

Unless otherwise stated, subscription fees are payable in advance.

Prices may be changed from time to time. Where a pricing change affects an existing recurring subscription, MajiPoint will provide reasonable notice before the new price applies.

8. Payment

MajiPoint currently accepts subscription payments through an M-Pesa Buy Goods and Services Till Number.

You are responsible for ensuring that subscription payments are made using the correct payment details provided by MajiPoint.

MajiPoint is not responsible for delays, failed transactions, network interruptions, incorrect payment details, or other failures attributable to M-Pesa or another third-party payment or telecommunications service.

MajiPoint may suspend or restrict access where payment has not been received.

9. Subscription Expiry and Read-Only Access

If a paid subscription expires or payment is not received, MajiPoint may place the account into a read-only mode.

During read-only access, the customer may be able to view existing information but may not be able to create, modify, or perform certain operational activities.

The customer may restore full functionality by renewing the applicable subscription.

10. Refunds

Subscription payments are generally non-refundable.

Except where required by applicable law or expressly agreed by MajiPoint, payments already made for a subscription period will not be refunded because of:

• unused subscription time
• failure to use the service
• cancellation after payment
• temporary inability to access the service
• employee or user error
• other circumstances within the customer's reasonable control

Nothing in this section limits rights that cannot lawfully be excluded.

11. Cancellation

Customers may cancel their MajiPoint subscription at any time.

Cancellation does not automatically entitle the customer to a refund for a subscription period that has already been paid for.

Unless otherwise stated, access will remain available until the end of the applicable paid subscription period, after which the account may become read-only or be scheduled for deletion.

12. Data After Cancellation or Termination

Following cancellation or termination, MajiPoint may retain customer account and business data for 30 days.

During this period, the customer may request access to or export of eligible business data.

After the 30-day retention period, MajiPoint may permanently delete the account and associated customer data, except where:

• retention is required by law
• retention is necessary to resolve a dispute
• retention is necessary to enforce legal rights
• the information has been anonymised or aggregated
• another lawful basis for retention applies

Customers are responsible for exporting any information they wish to retain before the end of the applicable retention period.

13. Customer Data Ownership

As between MajiPoint and the customer, the customer retains ownership of the business and operational information it enters into MajiPoint.

This may include:

• sales records
• refill records
• inventory information
• expense records
• customer information
• employee information
• debt records
• business reports
• outlet information
• other business data entered by the customer

MajiPoint does not acquire ownership of the customer's business data merely because that data is stored or processed through MajiPoint.

The customer grants MajiPoint a limited, non-exclusive right to host, store, process, transmit, reproduce, and otherwise use such data only as reasonably necessary to provide MajiPoint, maintain and secure the platform, provide support, prevent fraud and abuse, improve the service, comply with law, and perform other legitimate functions associated with operating MajiPoint.

14. Customer Responsibility for Data

The customer is responsible for:

• the accuracy of information entered into MajiPoint
• ensuring that it has the necessary rights and permissions to collect and process information entered into the platform
• complying with applicable laws governing its business
• obtaining any necessary consent or other lawful basis for collecting information about its customers or employees
• ensuring that employees use MajiPoint appropriately
• maintaining appropriate internal controls over its business operations

MajiPoint is a software tool and does not independently verify the accuracy, legality, completeness, or reliability of information entered by customers.

15. Customer and Employee Personal Data

Customers may enter personal information relating to their own customers and employees into MajiPoint.

Such information may include names, telephone numbers, email addresses, addresses, purchase or refill history, amounts paid, credit or debt information, and employee information.

Where the customer determines the purposes for which such information is collected and used, the customer remains responsible for complying with applicable data-protection requirements.

MajiPoint will process such information as reasonably necessary to provide the service.

Additional information is provided in the MajiPoint Privacy Policy.

16. Data Export

MajiPoint may provide customers with functionality allowing eligible business data to be exported.

Export functionality may be subject to technical limitations, reasonable usage restrictions, or changes as the MajiPoint platform evolves.

Customers remain responsible for maintaining their own copies of important business records.

17. Intellectual Property

MajiPoint and all associated intellectual property are owned by Qtech Dynamics or its licensors. This includes, without limitation:

• the MajiPoint software
• source code
• application architecture
• databases and database structures
• interface designs
• visual designs
• logos
• trademarks
• branding
• documentation
• workflows
• algorithms
• reports and templates developed by MajiPoint
• website content
• all improvements and modifications to the foregoing

Except for the limited right to use MajiPoint under these Terms, no ownership rights are transferred to the customer.

18. Licence to Use MajiPoint

Subject to these Terms and payment of applicable fees, MajiPoint grants the customer a limited, non-exclusive, non-transferable, revocable right to access and use MajiPoint for its legitimate internal business purposes.

The customer may not:

• resell MajiPoint without written permission
• sublicense MajiPoint
• copy or reproduce the software
• reverse engineer, decompile, or disassemble the software
• attempt to obtain the source code
• modify or create derivative works of MajiPoint
• use automated methods to scrape or extract information from the platform
• interfere with platform security
• introduce malicious code
• attempt to circumvent usage restrictions
• use MajiPoint to develop a competing service using proprietary elements of the platform
• impersonate another person or business
• use MajiPoint for unlawful purposes
• allow unauthorised third parties to access the service

19. Acceptable Use

You agree not to use MajiPoint to:

• violate applicable laws or regulations
• commit fraud or facilitate fraudulent activity
• infringe intellectual-property or privacy rights
• distribute malicious software
• interfere with the operation of MajiPoint
• attempt unauthorised access to accounts, systems, databases, or infrastructure
• conduct security testing without written authorisation
• transmit unlawful, abusive, defamatory, or harmful material
• manipulate the platform to obtain services without payment
• otherwise abuse the MajiPoint service

MajiPoint may investigate suspected violations and take appropriate action.

20. Third-Party Services

MajiPoint may integrate with or rely on third-party services, including payment, communications, analytics, hosting, infrastructure, messaging, and other technology providers.

Current integrations may include M-Pesa, WhatsApp, Google Analytics, Supabase, and other technology services used to operate MajiPoint.

Third-party services may be subject to their own terms and privacy policies.

MajiPoint is not responsible for failures, outages, security incidents, policy changes, or other events caused directly by a third-party service outside MajiPoint's reasonable control.

21. WhatsApp Communications

MajiPoint may use WhatsApp to facilitate communications such as:

• receipts
• debt reminders
• customer communications
• other business messages initiated through MajiPoint

Customers are responsible for ensuring that they have an appropriate lawful basis for communicating with their customers through WhatsApp.

MajiPoint does not guarantee delivery of WhatsApp messages because delivery may depend on WhatsApp, telecommunications networks, recipient settings, internet connectivity, and other third-party factors.

22. Google Analytics

MajiPoint may use Google Analytics to understand how users interact with the website and application, diagnose problems, improve usability, and understand general usage patterns.

Google Analytics may collect technical and usage information in accordance with its own terms and policies.

MajiPoint does not use advertising or marketing cookies for the purpose of behavioural advertising. Further information is provided in the MajiPoint Privacy Policy.

23. Service Availability and Uptime

MajiPoint targets 99% monthly service availability.

This is a service target rather than an unconditional guarantee.

Availability calculations may exclude downtime caused by:

• scheduled maintenance
• emergency maintenance
• third-party services
• internet or telecommunications failures
• customer equipment or network problems
• misuse of the service
• security incidents
• force majeure
• government action
• cyberattacks outside MajiPoint's reasonable control
• other circumstances beyond MajiPoint's reasonable control

MajiPoint will make reasonable efforts to restore service following an interruption.

24. Support

Customers experiencing technical problems should contact MajiPoint support through the contact details made available by MajiPoint.

Where MajiPoint experiences an outage or technical problem, customers should contact support so that the issue can be investigated.

MajiPoint does not guarantee a specific response or resolution time unless a separate service-level agreement states otherwise.

25. Security

MajiPoint implements reasonable technical and organisational measures intended to protect information against unauthorised access, alteration, disclosure, loss, or destruction. Current security measures may include:

• password hashing
• HTTPS/SSL
• encryption
• role-based access controls
• backups
• access controls around infrastructure and data

No internet-based service can be guaranteed to be completely secure.

Customers are responsible for maintaining the confidentiality of their credentials and implementing appropriate security practices within their own organisations.

26. Security Incidents

If MajiPoint becomes aware of a suspected personal-data or security incident affecting customer information, MajiPoint will take reasonable steps to investigate, contain, remediate, and respond to the incident.

Where notification is required by applicable law, MajiPoint will make the relevant notifications within the applicable legal requirements.

27. Service Changes

MajiPoint may modify, improve, replace, or discontinue features from time to time.

Where a material change substantially reduces the core functionality of a paid service, MajiPoint will endeavour to provide reasonable notice where practicable.

Nothing in these Terms prevents MajiPoint from making changes necessary for security, legal compliance, infrastructure upgrades, or technical reasons.

28. Beta and Experimental Features

MajiPoint may occasionally make experimental, beta, or preview functionality available.

Such functionality may:

• contain errors
• be changed or removed
• have limited support
• have different availability characteristics
• not be suitable for critical business operations

Customers use such functionality at their own discretion.

29. Disclaimers

MajiPoint is provided as a business-management and operational software service.

MajiPoint does not guarantee that:

• the platform will always be uninterrupted
• all information will always be error-free
• reports will be accurate where underlying customer data is inaccurate
• the service will meet every individual business requirement
• third-party services will remain available
• the platform will prevent employee fraud or theft
• the platform will prevent all financial losses
• the service will increase profitability
• the service will produce any particular business outcome

Customers remain responsible for their own business decisions and operations.

30. Limitation of Liability

To the maximum extent permitted by applicable law, Qtech Dynamics and MajiPoint will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of:

• profits
• revenue
• business opportunities
• goodwill
• anticipated savings
• data, except to the extent caused by MajiPoint's legally actionable failure to comply with its obligations
• business interruption

MajiPoint will not be responsible for losses arising from:

• inaccurate information entered by the customer
• customer or employee misuse
• unauthorised use resulting from compromised customer credentials
• third-party services
• internet or telecommunications failures
• force majeure
• customer business decisions
• payment-provider failures
• events outside MajiPoint's reasonable control

To the maximum extent permitted by law, MajiPoint's aggregate liability arising from or relating to the service will not exceed the total subscription fees actually paid by the affected customer to MajiPoint during the 12 months immediately preceding the event giving rise to the claim.

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

31. Indemnification

To the extent permitted by law, the customer agrees to indemnify and hold harmless Qtech Dynamics, MajiPoint, and their officers, employees, contractors, and representatives from claims, losses, liabilities, costs, and reasonable expenses arising from:

• the customer's unlawful use of MajiPoint
• violation of these Terms
• infringement of third-party rights
• unauthorised processing of personal data by the customer
• information submitted by the customer that violates applicable law
• misuse of the platform by the customer or its authorised users

32. Suspension

MajiPoint may suspend or restrict an account where reasonably necessary to:

• prevent security risks
• prevent fraud
• address unlawful activity
• investigate suspected misuse
• enforce these Terms
• address non-payment
• protect other customers or the platform
• comply with law
• respond to a security incident

Where practicable, MajiPoint will provide notice before suspension unless immediate action is reasonably necessary.

33. Termination by MajiPoint

MajiPoint may terminate an account where the customer:

• materially breaches these Terms
• engages in fraudulent or unlawful activity
• repeatedly fails to pay
• attempts to compromise platform security
• reverse engineers or copies the service
• uses MajiPoint to harm other users or third parties
• creates a material security risk
• otherwise engages in conduct that makes continued provision of the service unreasonable

Upon termination, the customer's access will cease and data will be handled in accordance with the applicable data-retention provisions.

34. Termination by Customer

A customer may terminate its account at any time.

Termination does not create a right to a refund except where required by law or expressly agreed by MajiPoint.

35. Privacy

MajiPoint's collection and use of personal information is governed by the MajiPoint Privacy Policy, which forms part of these Terms.

36. Data Protection

MajiPoint intends to operate in accordance with applicable Kenyan data-protection laws, including the Data Protection Act, 2019 and applicable regulations.

MajiPoint may act as a data controller for personal information it processes for its own purposes.

Where a customer determines the purposes for which personal data relating to its customers, employees, or other individuals is processed through MajiPoint, the customer may act as the relevant data controller and MajiPoint may process that information on the customer's behalf.

The parties will cooperate reasonably in meeting applicable data-protection obligations.

37. Confidentiality

Each party agrees to keep confidential information received from the other party confidential and to use it only for legitimate purposes associated with the relationship.

Confidential information does not include information that:

• is publicly available without breach
• was lawfully known before disclosure
• is independently developed
• must be disclosed by law

38. Customer Feedback

If a customer provides suggestions, ideas, recommendations, or feedback about MajiPoint, the customer grants Qtech Dynamics a non-exclusive, worldwide, royalty-free right to use that feedback for improving or developing MajiPoint without compensation, provided that MajiPoint does not disclose the customer's confidential information in doing so.

39. Customer Names and Logos

MajiPoint may request permission to identify a customer as a MajiPoint customer and may request permission to use the customer's business name or logo in marketing materials, case studies, presentations, websites, or promotional materials.

MajiPoint will not assume permission merely because a customer uses the service.

40. Governing Law

These Terms are governed by the laws of the Republic of Kenya.

41. Dispute Resolution

The parties will first attempt to resolve any dispute through good-faith negotiation and, where appropriate, mediation.

If the dispute cannot be resolved through mediation within a reasonable period, the parties may proceed to arbitration or a court of competent jurisdiction in Kenya.

Nothing in this section prevents either party from seeking urgent or interim legal relief from a competent court where necessary to protect its rights or prevent immediate harm.

42. Changes to These Terms

MajiPoint may update these Terms from time to time.

Where changes are material, MajiPoint will provide reasonable notice through the website, application, email, or another appropriate communication method.

Continued use of MajiPoint after the effective date of updated Terms constitutes acceptance of the revised Terms, except where applicable law requires express consent.

43. Assignment

Customers may not transfer or assign their rights or obligations under these Terms without MajiPoint's prior written consent, except where the transfer occurs as part of a lawful sale or transfer of the customer's business.

MajiPoint may assign or transfer its rights and obligations as part of a merger, acquisition, restructuring, sale of assets, or similar corporate transaction.

44. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

The invalid provision will be interpreted or replaced to the extent necessary to make it enforceable while preserving its intended commercial purpose.

45. Entire Agreement

These Terms, together with the MajiPoint Privacy Policy and any applicable additional terms or agreements, constitute the agreement between the customer and MajiPoint regarding use of the service.

46. Contact

For questions regarding these Terms or MajiPoint generally:

Qtech Dynamics / MajiPoint — Email: hello@majipoint.co.ke