1. Acceptance of Terms

These Terms & Conditions (“Terms”) govern your access to and use of the Mellotek Cloud POS service, including any associated software, APIs, documentation, and support (“Service”). By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Definitions

“Customer,” “you,” or “your” means the business entity that registers for the Service. “User” means any individual who accesses the Service under your account. “Content” means data you upload, generate, or store in the Service. “Subscription” means the paid plan under which you access the Service.

3. The Service

Mellotek Cloud POS is a cloud-based point-of-sale and business management platform offering sales, inventory, purchases, reporting, payroll, and related modules. The Service is provided on a subscription basis. We may modify or discontinue features with reasonable notice.

4. Eligibility & Account Registration

You must be at least 18 years old and legally authorised to bind the business you represent. You are responsible for the accuracy of the information you provide and for the security of login credentials, including staff PINs. Notify us immediately of any unauthorised use.

5. Subscription, Fees & Payment

Subscriptions are billed in advance on a monthly or yearly basis in the currency shown at checkout. Payment is collected via the methods we support (including M-Pesa). Prices may change with 30 days’ notice. Late or failed payments may result in suspension of the Service after a reasonable grace period.

6. Free Trial

New accounts may receive a free trial. No charge is made until the trial period ends. If you do not subscribe by the end of the trial, access to write functionality is restricted but your data is preserved.

7. Refunds & Cancellation

You may cancel at any time. Cancellation takes effect at the end of the current paid period. Fees already paid are generally non-refundable, except where required by law or in cases of extended service failure attributable to us.

8. Permitted & Prohibited Uses

You may use the Service only for lawful business purposes. You must not: reverse engineer or decompile the Service; resell or sublicense access; use the Service to process unlawful goods or services; send unsolicited communications; attempt to breach security; or use the Service in a way that could harm other customers.

9. Your Content & Data

You retain ownership of Content you upload. You grant us a limited licence to host, copy, process, and transmit Content strictly to provide the Service. You are responsible for the legality of Content and for having the necessary rights to process any personal data you enter about your own customers or employees.

10. Intellectual Property

The Service, including all software, source code, trademarks, and design, is owned by us or our licensors. We grant you a non-exclusive, non-transferable, revocable licence to use the Service during your Subscription. All rights not expressly granted are reserved.

11. Data Protection

Our handling of personal data is described in our Privacy Policy. Where you process personal data of your own customers and staff through the Service, you are the data controller and we act as a data processor on your behalf.

12. Service Availability

We aim to maintain high availability but do not guarantee uninterrupted access. Planned maintenance is announced in advance where practical. We are not liable for outages caused by your network, device, or third-party services.

13. Limitation of Liability

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Service is limited to the fees you paid us in the twelve months preceding the event giving rise to the claim. We are not liable for indirect, incidental, or consequential losses, including lost profits or lost data, except where such limits are prohibited by applicable law.

14. Termination

Either party may terminate with 30 days’ written notice. We may suspend or terminate immediately for material breach, unlawful use, or non-payment. Following termination, you may export your data for 30 days, after which it may be deleted in accordance with our retention policy.

15. Governing Law

These Terms are governed by the laws of [JURISDICTION — legal review required]. Any dispute will be resolved in the courts of that jurisdiction, unless mandatory consumer protection rules in your country require otherwise.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

17. Contact

Questions about these Terms? Contact us at mellotek1@gmail.com.