Terms of Service

These Terms of Service ("Terms") govern your access to and use of SmarterPOS — the desktop point-of-sale application, the web portal, and related services (together, the "Service") — provided to businesses ("you," "your business," or "Customer") operating in Uganda and elsewhere.

By creating an account, installing the desktop application, or otherwise using the Service, you agree to be bound by these Terms. If you're accepting these Terms on behalf of a business, you confirm you have the authority to do so, and "you" refers to that business.

If you don't agree with these Terms, please don't use the Service.

SmarterPOS is a point-of-sale system built for retail, grocery, pharmacy, hardware, boutique, and restaurant businesses. It has two parts:

• The desktop till — an application installed on a computer at your branch, which keeps working for checkout, stock, and staff sign-in even without an internet connection, and syncs to the cloud automatically once connected.
• The web portal — a browser-based dashboard for owners and managers to see sales, stock, staff, and reports across every branch and business type on one account, plus a browser checkout you can use as a backup till.

We continually improve SmarterPOS based on real-world usage, so features and behavior may change over time. We'll do our best to communicate material changes in advance, and our team is available to support you through setup and day-to-day use.

A business signs up for one SmarterPOS account, which can contain multiple business units, branches, and terminals. The person or business that creates the account is responsible for:

• Keeping owner and manager login credentials confidential.
• Setting up and managing staff (cashier, manager) accounts and PINs, and deciding what each role can access.
• Any activity that happens under your account, including actions taken by staff you've given access to — whether or not you specifically authorized a given action.
• Promptly telling us if you believe an account or terminal has been compromised.

You're responsible for removing access for staff who leave your business. We're not liable for actions taken by someone using valid credentials that you or your staff didn't properly revoke.

SmarterPOS is offered on a subscription basis, priced per till or per branch depending on the plan (Starter, Pro, or a custom Enterprise arrangement) as described on our pricing page or in your specific agreement with us.

• Subscriptions renew automatically for the billing period you signed up for, unless cancelled before the renewal date.
• We may change our prices or plans. Where we do, we'll give you reasonable notice before a change applies to your account, and any change won't apply retroactively to a billing period you've already paid for.
• Fees are exclusive of any taxes, levies, or duties unless we say otherwise, and you're responsible for those in addition to the fees you pay us.
• From time to time, some accounts may be provided free of charge, at a discount, or under different terms by direct arrangement with us. Where that's the case, the terms we agreed with you directly take priority over this section.

SmarterPOS lets your business accept Cash, MTN Mobile Money, Airtel Money, and Credit as payment methods at checkout, and generates receipts and invoices for those sales.

Important: we are not a payment processor, a bank, or a mobile money operator. When a customer pays by MTN Mobile Money or Airtel Money, that transaction happens entirely on MTN's or Airtel's own systems, under their own terms — SmarterPOS only records the reference and result of that transaction for your books. We never hold, take custody of, or have access to your customers' mobile money funds, and we're not responsible for a payment that fails, is delayed, is reversed, or is disputed on the mobile money network's side. Any dispute about a mobile money transaction itself is between you, your customer, and the relevant network operator.

Credit sales recorded in SmarterPOS are a record-keeping tool. Extending credit to a customer, and collecting on it, is entirely your business's own arrangement and risk, not ours.

Everything you put into SmarterPOS — your product catalog, sales records, stock levels, supplier and customer records, staff details, expenses, and reports — belongs to you. We don't claim ownership over your business data.

By using the Service, you give us a limited right to store, process, back up, and transmit that data solely to provide, maintain, and improve the Service for you — for example, syncing a sale from your till to your portal, or generating a report from your sales history. We don't sell your business data, and we don't use it to advertise to you or anyone else.

You're responsible for the accuracy of the data you and your staff enter, and for having the right to enter any customer or third-party information (like a customer's phone number or, for pharmacies, prescription-related details) into the Service in the first place.

You agree not to:

• Use the Service to sell goods that are illegal to sell in your jurisdiction, or in a way that breaches any law or license you're required to hold.
• Attempt to reverse-engineer, decompile, resell, or white-label the software itself.
• Interfere with, overload, or attempt to gain unauthorized access to the Service, other customers' accounts, or the infrastructure it runs on.
• Use the Service to store or process data you don't have the legal right to hold.
• Share your account, staff PINs, or terminal pairing codes outside your own business.

We may suspend or terminate access for an account that breaches this section, generally after warning you first where practical.

If your business is subject to specific regulatory requirements — for example, a pharmacy's obligations to Uganda's National Drug Authority around controlled substances, prescriptions, and record-keeping — SmarterPOS provides tools (batch and expiry tracking, prescription flags, audit logs, and similar features) that can help you keep better records. These tools support your compliance efforts; they don't replace them, and they don't constitute legal or regulatory advice.

You remain solely responsible for meeting the licensing, record-keeping, and reporting obligations that apply to your business, regardless of what SmarterPOS tracks or doesn't track. Confirm your specific requirements with the relevant regulator.

The desktop till is built to keep working offline, but the web portal, cloud sync, and any browser-based checkout require an internet connection, and depend on infrastructure operated by third-party hosting and connectivity providers that we don't control. We don't guarantee uninterrupted or error-free service, and we may need to take parts of the Service down temporarily for maintenance or updates — generally with advance notice where the disruption is planned.

We're not responsible for losses caused by outages, slowdowns, or failures in the public internet, mobile networks, power supply, or third-party infrastructure that the Service depends on but doesn't operate.

We store and process your account and business data using reputable third-party cloud hosting, storage, and infrastructure providers. We don't build or operate our own data centers — like most software companies, we rely on established infrastructure providers who maintain their own security and reliability standards, and we choose providers with strong security practices.

We apply reasonable technical and organizational measures to protect your data, including encrypting data in transit and restricting who can access it, but no system is completely secure, and we can't guarantee absolute protection against every possible attack or failure.

We don't access your stored business data without telling you, except where you've reported an issue and our team needs to reproduce it to diagnose and fix it — and even then, access is limited to what that issue requires. Everyone on our team who could potentially access customer data has signed a confidentiality agreement, which applies with particular weight to sensitive records like a pharmacy's prescription-related data.

For more detail on what we collect and how we handle it, see our Privacy Policy.

If a subscription payment fails or isn't renewed, here's what happens to your access and your data:

• Days 1–14 (grace period): your account keeps working normally. We'll try to process payment again and notify you so you can update your billing details or renew.
• Days 15–90 (suspended): if the subscription still isn't renewed, we suspend cloud sync and portal write-access for that account. Your desktop till may continue to operate locally for basic offline checkout, but won't sync new sales to the cloud, receive catalog updates, or apply software updates until the subscription is restored. You can still log into the portal in a read-only capacity to export your data during this period.
• After 90 days: if the subscription remains unpaid, we treat the account as abandoned. We'll send a final notice before taking further action, and — unless you tell us otherwise, or the law requires us to keep it longer — we may permanently delete your account's stored data after that final notice period.

You can reactivate a suspended account at any time before deletion by bringing your subscription current, and your data will be exactly as you left it. You can also export your data (products, sales, stock, and customer records) from the portal at any point before deletion, and you can request earlier deletion of your data if you'd prefer not to wait out the retention window.

This schedule is our general policy and may be adjusted for accounts under a specific written agreement with different terms.

You may stop using the Service and cancel your subscription at any time; cancellation takes effect at the end of your current billing period unless you ask us to end it sooner.

We may suspend or terminate your access if you materially breach these Terms (including the Acceptable Use section), if required by law, or if your subscription lapses as described above. Where practical, we'll tell you why and give you a chance to fix the issue first.

SmarterPOS — the software, design, branding, and documentation — is our intellectual property (or licensed to us). These Terms don't transfer any ownership of it to you; you get a limited right to use it as intended, for your own business, for as long as your subscription is active.

Your business data and content remain yours, as described in Your data and content.

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement.

To the fullest extent permitted by law, we won't be liable for indirect, incidental, or consequential damages (like lost profits or lost sales) arising from your use of the Service, and our total liability for any claim will not exceed the amount you paid us for the Service in the three months before the claim arose. Nothing in these Terms limits liability where the law doesn't allow it to be limited.

We may update these Terms as the Service evolves. We'll post the updated version here with a new effective date, and for material changes, we'll make a reasonable effort to notify account owners directly. Continuing to use the Service after a change takes effect means you accept the updated Terms.

These Terms are governed by the laws of the Republic of Uganda, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service will be subject to the jurisdiction of the courts of Uganda, unless we've agreed otherwise with you in writing.

Questions about these Terms? Email us at support@smarterpossug.com or message us on WhatsApp at +256 759 130 054, and we'll get back to you.