Legal/Terms and Conditions

Terms and Conditions

Last updated: January 2024

These Terms and Conditions ("Terms") govern your access to and use of the Hisani platform and website operated by Hisani Technologies Ltd ("Hisani", "we", "us"). By accessing or using our services, you agree to be bound by these Terms.

1. Definitions

  • "Platform" means the Hisani SaaS application, including the POS, Finance, HR, Inventory, and all other modules.
  • "Client" means any business or individual who subscribes to the Platform.
  • "User" means any individual authorised by a Client to access the Platform.
  • "Subscription" means the monthly or annual licence to use the Platform.

2. Subscription and payment

  • Subscriptions are billed monthly or annually in advance.
  • All prices are in Kenyan Shillings (KES) unless otherwise stated. VAT is applied where applicable.
  • Payment is due within 7 days of invoice. Non-payment may result in suspension of access.
  • Subscriptions auto-renew unless cancelled at least 7 days before the renewal date.
  • Refunds are not provided for partial months. Annual subscribers who cancel mid-year will retain access until the end of the paid period.

3. Acceptable use

You agree not to:

  • Use the Platform for unlawful purposes or in violation of Kenyan law
  • Attempt to reverse engineer, copy, or resell the Platform without authorisation
  • Upload malicious code, viruses, or other harmful software
  • Impersonate Hisani or misrepresent your identity
  • Use automated tools to scrape or extract data from the Platform

4. Data ownership

Your business data (transactions, employees, inventory, etc.) belongs to you. Hisani does not claim ownership of your data. You may export your data at any time from the Platform. On termination, we will provide a data export upon request.

5. Platform availability and SLA

We target 99.5% monthly uptime for the cloud-hosted Platform. Scheduled maintenance windows will be communicated at least 48 hours in advance. The Platform includes an offline mode for POS operations; offline data syncs when connectivity is restored.

Uptime SLA credits are available to Business and Enterprise clients as described in the separate Service Level Agreement.

6. Intellectual property

The Platform, including all software, design, and content, is owned by Hisani Technologies Ltd. Nothing in these Terms grants you ownership of any Hisani intellectual property. You receive a limited, non-exclusive, non-transferable licence to use the Platform during your Subscription.

7. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party. Hisani will not disclose your business data except as required by law or as described in our Privacy Policy.

8. Limitation of liability

To the maximum extent permitted by Kenyan law, Hisani's total liability for any claim arising from these Terms or use of the Platform shall not exceed the fees paid by you in the 3 months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

9. Termination

Either party may terminate the Subscription by giving 30 days' written notice. Hisani may suspend or terminate access immediately for breach of these Terms, non-payment, or illegal activity.

10. Governing law

These Terms are governed by the laws of Kenya. Any disputes shall be resolved in the courts of Nairobi, Kenya.

11. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance via email or notice in the Platform. Continued use after the effective date constitutes acceptance.

12. Contact

Hisani Technologies Ltd
Nairobi, Kenya
Email: legal@hisani.app