1. Acceptance of Terms
By creating an account, accessing, or using the Faida360 platform ("Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms form a legally binding agreement between you ("User", "Customer", "you") and Faida360 ("we", "us", "our"), a software services business operating from Malindi, Kilifi County, Kenya.
If you are using Faida360 on behalf of a business or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, please do not use our Service.
2. Description of Services
Faida360 is a cloud-based Point of Sale (POS) and business management platform designed for Kenyan businesses. The Service includes but is not limited to:
- Point of Sale (till) functionality for recording sales
- Inventory and stock management
- Supplier and purchase order management
- Customer management and credit/tab system
- KRA eTIMS integration for electronic tax invoice submission
- M-Pesa payment processing integration
- Sales reporting and analytics
- Thermal receipt generation and printing
- Multi-user access with role-based permissions
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.
3. Account Registration
To use Faida360 you must register for an account. You agree to:
- Provide accurate, complete, and current information during registration
- Maintain the security of your password and not share it with unauthorised persons
- Notify us immediately of any unauthorised use of your account
- Accept responsibility for all activities that occur under your account
- Ensure all staff user accounts created within your shop comply with these Terms
You must be at least 18 years old to create an account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.
4. Subscription & Payment
Access to Faida360 after the free trial period requires a paid subscription.
4.1 Pricing
The current subscription fee is KES 2,999 per month (monthly billing) or KES 29,990 per year (annual billing). Prices are inclusive of any applicable taxes. We reserve the right to change pricing with 30 days' notice to existing subscribers.
4.2 Payment Methods
Payments are accepted via M-Pesa (Paybill or Till) and bank transfer. Payment is due before the start of each billing period. We do not automatically charge your M-Pesa; you initiate payment manually and enter the M-Pesa transaction code on the billing page.
4.3 Refunds
Subscription fees are non-refundable except where required by applicable Kenyan law. If you believe a payment was made in error, contact us within 7 days and we will review on a case-by-case basis.
4.4 Suspension for Non-Payment
If payment is not received within 7 days after your billing period ends, your account will be suspended. Your data will be retained for 30 days during which you can reactivate by making payment. After 30 days of suspension, data may be permanently deleted.
5. Free Trial
New accounts receive a 14-day free trial with full access to all features. No credit card or payment is required to start a trial.
At the end of the trial period, you must subscribe to continue using the Service. If you do not subscribe, your account will be suspended and data retained for 14 days before deletion.
We reserve the right to modify or discontinue the free trial offer at any time. Only one free trial is permitted per business.
6. Acceptable Use
You agree not to use Faida360 to:
- Engage in any unlawful activity under Kenyan law or international law
- Submit false or fraudulent sales data or tax information
- Circumvent or attempt to circumvent KRA eTIMS compliance requirements
- Reverse engineer, decompile, or disassemble any part of the software
- Attempt to gain unauthorised access to other users' accounts or data
- Use the Service to store or transmit malicious code
- Resell or sublicense access to the Service without our written consent
- Use automated bots or scripts to access the Service in ways that damage performance
Violation of this section may result in immediate account termination without refund.
7. Your Data
You retain full ownership of all business data you input into Faida360, including product information, sales records, customer data, and financial information ("Your Data").
By using the Service you grant Faida360 a limited licence to store, process, and transmit Your Data solely for the purpose of providing the Service to you, including submitting sales data to KRA eTIMS on your behalf.
We do not sell Your Data to third parties. We do not use Your Data for advertising purposes. See our Privacy Policy for full details on how we handle your data.
7.1 Data Export
You may request an export of your data at any time by contacting us. We will provide data in CSV or PDF format within 5 business days.
7.2 Data Deletion
Upon account termination, your data will be retained for 30 days to allow for reactivation, then permanently deleted from our systems. KRA-submitted tax records may be retained longer as required by law.
8. KRA eTIMS Compliance
Faida360 integrates with Kenya Revenue Authority's Electronic Tax Invoice Management System (eTIMS) to submit sales data on your behalf.
You acknowledge and agree that:
- You are responsible for obtaining and maintaining valid KRA eTIMS credentials
- You are responsible for the accuracy of product, pricing, and tax information entered into the system
- Network issues or KRA system downtime may occasionally delay eTIMS submission; Faida360 will retry automatically
- Faida360 is not liable for penalties arising from incorrect tax data you enter
- You should periodically verify that submissions are accepted by KRA via the eTIMS portal
9. Intellectual Property
The Faida360 platform, including its design, code, features, and branding, is the intellectual property of Faida360 and is protected by Kenyan intellectual property law. You may not copy, reproduce, distribute, or create derivative works without our express written permission.
The Faida360 name and logo are trademarks of Faida360. You may not use our trademarks without prior written consent.
10. Limitation of Liability
To the maximum extent permitted by Kenyan law, Faida360 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business interruption.
Our total liability to you for any claim arising from or related to the Service shall not exceed the total subscription fees paid by you in the 3 months preceding the claim.
The Service is provided "as is" and "as available". We make no warranties, express or implied, including fitness for a particular purpose or uninterrupted availability.
11. Termination
Either party may terminate this agreement at any time.
You may terminate by ceasing to use the Service and notifying us. No refund will be issued for the remaining period of a paid subscription.
We may terminate or suspend your account immediately if you violate these Terms, engage in fraudulent activity, or fail to pay subscription fees.
Upon termination, your right to access the Service ceases immediately. Data retention and deletion follows the policy described in Section 7.2.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.
We encourage you to contact us first to resolve any dispute informally before pursuing legal action.
13. Changes to Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or by displaying a prominent notice in the platform at least 14 days before the changes take effect.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
14. Contact
If you have any questions about these Terms, please contact us: