Terms & Conditions

Last updated: October 22, 2026

Acceptance

1.1 Agreement to Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and Biashara Books ("Biashara Books", "we", "our", "us") governing your access to and use of the Biashara Books platform, including the website at biasharabooks.com, the point-of-sale and business management software, mobile applications, APIs, and all related services (collectively, the "Service").

By creating an account, clicking "I agree", accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, you must not access or use the Service.

1.2 Definitions

  • "Account" means the account you create to access the Service.
  • "Affiliate" means any entity that controls, is controlled by, or is under common control with a party.
  • "Content" means text, images, data, and other material made available through the Service.
  • "Customer Data" means data you upload or enter into the Service.
  • "Documentation" means the user guides, help articles, and technical documentation we provide.
  • "Personal Data" has the meaning given in applicable data protection law.
  • "Subscription" means the paid plan under which you access the Service.
  • "User" means any individual you authorize to access the Service under your Account.

1.3 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to the changes, you must stop using the Service before they take effect.

1.4 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that you are not barred from using the Service under the laws of Kenya or any other applicable jurisdiction.

1.5 Language

These Terms are drafted in English. Any translation is provided for convenience only, and the English version prevails in the event of conflict.

Use License

2.1 License Grant

Subject to your compliance with these Terms and payment of all applicable fees, Biashara Books grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term of your Subscription, solely for your internal business purposes and in accordance with the features available under your chosen plan.

2.2 Permitted Use

You may use the Service to manage your business operations, including sales, inventory, purchases, accounting, human resources, customer relationships, projects, and reporting, in accordance with these Terms and applicable law.

2.3 Restrictions

You shall not, and shall not permit any third party to:

  • copy, modify, adapt, translate, or create derivative works of the Service;
  • reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
  • sell, resell, sublicense, rent, lease, distribute, or otherwise commercially exploit the Service;
  • use the Service to build a competing product or service;
  • remove, alter, or obscure any proprietary notices, labels, or marks;
  • access the Service through automated means (bots, scrapers, crawlers) except as expressly permitted in writing;
  • interfere with or disrupt the integrity, security, or performance of the Service;
  • attempt to gain unauthorized access to the Service, its servers, or related systems;
  • use the Service to store or transmit viruses, malware, or any harmful code;
  • use the Service for any unlawful, fraudulent, deceptive, or harmful purpose;
  • use the Service to harass, abuse, or harm another person;
  • use the Service in violation of any applicable data protection, export control, or anti-spam law.

2.4 Responsibility for Users

You are responsible for all activity that occurs under your Account and for ensuring that all Users you authorize comply with these Terms. You must notify us immediately at support@biasharabooks.com of any unauthorized use or security breach.

2.5 Service Levels and Support

We will use commercially reasonable efforts to make the Service available 24/7, excluding scheduled maintenance and events beyond our control. Support is provided by email and during business hours as described on our website. Service levels may vary by plan.

2.6 Modifications to the Service

We may update, modify, or discontinue features of the Service from time to time. We will provide reasonable notice of material changes that adversely affect your use. We are not liable for any modification, suspension, or discontinuation of the Service.

2.7 Maintenance Windows

We may perform scheduled maintenance during low-traffic periods. We will use reasonable efforts to notify you in advance of any maintenance expected to cause significant downtime.

User Accounts

3.1 Account Creation

To use the Service, you must register for an Account by providing accurate, complete, and current information. You agree to update your information promptly to keep it accurate and complete.

3.2 Account Security

You are responsible for safeguarding your login credentials and for all activities that occur under your Account. You must not share your credentials with any third party. You agree to notify us immediately of any suspected breach of security or unauthorized use.

3.3 Account Types and Limits

Biashara Books offers multiple Subscription tiers. Each plan includes specific limits on users, products, warehouses, and other resources as described on our pricing page. Exceeding these limits may require an upgrade. You are responsible for monitoring usage against your plan limits.

3.4 Accuracy of Information

You represent and warrant that all information you provide is accurate and that you have the right to provide it. We reserve the right to suspend or terminate Accounts containing false, misleading, or fraudulent information.

3.5 Multiple Accounts

You may not create multiple Accounts to circumvent plan limits, trial restrictions, or these Terms. We reserve the right to merge or terminate duplicate Accounts.

3.6 Trials

We may offer a free trial. Trial periods are limited to one per customer and may be terminated or modified at any time. At the end of a trial, you must choose a paid plan to continue using the Service. Data entered during a trial may be deleted if you do not subscribe.

3.7 Suspension

We may suspend your Account if we reasonably believe you have breached these Terms, if required by law, or if your Account poses a security risk. We will notify you of any suspension and the reason, where permitted by law.

Payments

4.1 Fees

You agree to pay all fees associated with your chosen Subscription plan as set forth on our pricing page at the time of purchase. Fees are quoted in Kenyan Shillings (KES) unless otherwise specified. All fees are exclusive of applicable taxes, levies, or duties, which you are responsible for paying.

4.2 Billing Cycle and Automatic Renewal

Subscriptions are billed on a monthly or annual basis, depending on your selected plan. Your billing cycle begins on the date you subscribe. Unless you cancel before the end of your current billing period, your Subscription will automatically renew, and you authorize us to charge the applicable fees using your selected payment method.

4.3 Payment Methods

We accept payment via M-Pesa, bank transfer, credit card, and other methods displayed at checkout. You authorize us to charge your selected payment method for all applicable fees, including renewal fees.

4.4 Failed Payments

If a payment fails, we may retry the charge and may suspend access to the Service until payment is received. You are responsible for any fees charged by your bank or payment provider for failed transactions.

4.5 Price Changes

We may change our fees from time to time. We will provide at least 30 days' notice of any price increase. Price changes take effect at the start of your next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new fees.

4.6 Refunds

Except as required by law or as expressly stated in these Terms, all fees are non-refundable. We may, at our sole discretion, issue a refund or credit for unused Subscription periods. To request a refund, contact support@biasharabooks.com.

4.7 Cancellation

You may cancel your Subscription at any time through your Account settings or by contacting support. Cancellation takes effect at the end of your current billing period, and you will retain access until then. After cancellation, your Account may be downgraded to a free or limited tier, and you may lose access to data stored in the Service. You should export any data you wish to retain before cancelling.

4.8 Taxes

You are responsible for all applicable taxes, including VAT, withholding, and any other governmental charges, arising from your use of the Service.

4.9 Late Payments

Overdue amounts may accrue interest at the rate of 1.5% per month or the maximum permitted by law, whichever is lower. We may suspend or terminate the Service for non-payment.

4.10 Third-Party Payment Processors

Payments may be processed by third-party providers. By making a payment, you agree to the terms and privacy policies of those providers. We are not responsible for errors or delays caused by them.

Prohibited

5.1 Prohibited Conduct

You agree not to, and not to permit any User to:

  • use the Service in any way that violates applicable law or regulation;
  • use the Service to transmit or store unlawful, defamatory, obscene, or infringing material;
  • impersonate any person or entity or falsely state your affiliation;
  • engage in fraudulent, deceptive, or misleading activity;
  • interfere with or disrupt the Service or its infrastructure;
  • attempt to gain unauthorized access to any part of the Service;
  • use the Service to send unsolicited communications (spam);
  • use the Service to distribute malware or harmful code;
  • use the Service to infringe the intellectual property rights of others;
  • use the Service to process data in violation of applicable data protection laws;
  • circumvent any security or access-control feature of the Service;
  • resell, sublicense, or otherwise provide the Service to third parties without our written consent.

5.2 Monitoring and Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates this section, including removing content, suspending or terminating Accounts, and reporting to law enforcement. We may cooperate with legal authorities in the investigation of suspected illegal activity.

5.3 Consequences of Violation

Violation of these Terms may result in immediate suspension or termination of your Account without refund, and we reserve the right to pursue any other remedies available at law or in equity.

Intellectual Property

6.1 Our Intellectual Property

The Service, including all software, source code, algorithms, user interfaces, designs, text, graphics, logos, icons, images, audio, and video, is owned by Biashara Books or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

6.2 Your Data

You retain all rights, title, and interest in the data you upload or enter into the Service ("Customer Data"). You grant us a limited, non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide the Service and as described in our Privacy Policy.

6.3 Data Backup and Retention

We perform regular backups of Customer Data, but you are responsible for maintaining independent backups of your critical data. We are not liable for any loss of Customer Data. After termination, we may retain Customer Data for a limited period in accordance with our retention policy and applicable law.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize such feedback without compensation or attribution.

6.5 Trademarks

You may not use our name, logo, or trademarks without our prior written consent. All goodwill arising from any permitted use inures to our benefit.

6.6 Third-Party Content

The Service may include links to or integrations with third-party websites and services. We are not responsible for the content, policies, or practices of those third parties.

6.7 Copyright Infringement

If you believe any content on the Service infringes your copyright, please notify us at support@biasharabooks.com with the details required by applicable law. We will investigate and take appropriate action.

6.8 Data Protection

Each party will comply with applicable data protection laws. Where we process Personal Data on your behalf, we do so as a processor and will implement appropriate technical and organizational measures to protect it. You are responsible for ensuring you have a lawful basis to provide Personal Data to the Service.

6.9 Data Export

You may export Customer Data using the tools provided in the Service. We will make reasonable efforts to assist with exports on request, subject to verification of your identity.

Limitation of Liability

7.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIASHARA BOOKS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7.4 Exceptions

Nothing in these Terms limits or excludes liability for fraud, willful misconduct, death, or personal injury caused by negligence, or any other liability that cannot be limited or excluded by applicable law.

7.5 Indemnification

You agree to indemnify, defend, and hold harmless Biashara Books and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

7.6 Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, power outages, internet failures, or governmental action.

7.7 Allocation of Risk

The limitations and exclusions in this section apply regardless of the legal theory under which a claim is brought, and form an essential basis of the bargain between the parties.

Governing Law

8.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.

8.2 Jurisdiction

Subject to Section 8.3, you and Biashara Books agree to submit to the exclusive jurisdiction of the courts of Mombasa, Kenya, for the resolution of any dispute arising out of or in connection with these Terms.

8.3 Dispute Resolution

Before filing any legal action, you agree to attempt to resolve any dispute informally by contacting us at support@biasharabooks.com. We will attempt to resolve the dispute within 30 days. If the dispute is not resolved, either party may pursue legal action as permitted by these Terms.

8.4 Class Action Waiver

To the maximum extent permitted by law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

8.5 Termination

We may suspend or terminate your access to the Service immediately, without notice, if you breach these Terms, fail to pay fees, or engage in fraudulent or illegal activity. Upon termination, your right to use the Service ceases immediately, and provisions that by their nature should survive termination (including intellectual property, limitation of liability, and governing law) shall survive.

8.6 General Provisions

These Terms constitute the entire agreement between you and Biashara Books regarding the Service and supersede all prior agreements and understandings. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not be deemed a waiver. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

8.7 Contact

If you have questions about these Terms, please contact us at:

Biashara Books
Mwembe Tayari, Mombasa, Kenya
Email: support@biasharabooks.com
Phone: +254 796 057 905
Website: biasharabooks.com

8.8 Acceptance

By using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.