Terms of Service

These Terms of Service ("Terms") govern your use of the Neer POS platform provided by Neer Technologies Ltd ("Neer"). By using Neer, you agree to these Terms. Please read them carefully before utilizing our services for your retail operations.

1. Use of the Service

Neer grants you a limited, non-exclusive license to use the platform for your legitimate business operations in Kenya. You agree not to:

• Use the service for any unlawful purpose or in violation of Kenyan law.
• Reverse engineer or attempt to extract source code.
• Resell or sublicense access without written consent from Neer Technologies Ltd.
• Process fraudulent or fictitious transactions to manipulate tax records or loyalty points.
• Use automated scraping tools or bots to extract data from the platform.

2. Account Responsibilities & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, including the actions of cashiers or branch managers you authorize. You must implement appropriate role-based access to limit sensitive capabilities (like deleting stock). Notify us immediately of any unauthorized use at info@neer.co.ke.

3. Subscription and Payment Terms

Subscription fees are billed monthly in KES unless an annual plan is selected. Payments are due within 7 days of invoice and are securely processed via M-Pesa or supported bank transfers. Accounts with overdue payments may be suspended after 3 days written notice. Refunds are not provided for partial months of service.

4. KRA eTIMS Compliance

Neer integrates with KRA's eTIMS system to generate compliant tax invoices. While we facilitate the technological transmission of these receipts, you remain solely responsible for the accuracy of business information you provide and for your overall tax compliance. Neer does not act as a tax advisor and is not liable for penalties resulting from incorrectly configured tax brackets or omitted sales.

5. M-Pesa Integration

Our platform interacts with the Safaricom Daraja API to automate payment tracking. M-Pesa processing is subject to Safaricom's terms and conditions. Settlement times and limits are governed by Safaricom's policies. Neer does not hold your funds at any point; we strictly provide the software layer that confirms transactions to your dashboard.

6. Data Ownership & Privacy

You own all business data you input into Neer. You grant Neer a limited license to process this data solely to provide the services, such as generating your analytics reports and inventory forecasts. We will not use your data for any other purpose. For details on how we protect your information under the Data Protection Act (2019), please refer to our Privacy Policy.

7. Service Availability & Offline Mode

We target 99.9% uptime, excluding scheduled maintenance. To support Kenyan businesses dealing with intermittent connectivity, our Offline mode allows continued sales during connectivity issues. These offline sales will automatically sync to the cloud once a connection is re-established. We are not liable for business losses from service interruptions beyond our direct control.

8. Limitation of Liability

To the maximum extent permitted by Kenyan law, Neer's total liability for any claims shall not exceed fees paid to Neer in the three months preceding the claim. We shall not be liable for any indirect, incidental, or consequential damages, including lost profits or lost data.

9. Indemnification

You agree to indemnify, defend, and hold harmless Neer Technologies Ltd and its officers from and against any and all claims, liabilities, damages, or costs (including reasonable attorneys' fees) arising out of your violation of these Terms or your infringement of any intellectual property or other rights of any person or entity.

10. Termination

Either party may terminate with 30 days written notice. Upon termination, you may export your data within 30 days, after which it will be deleted, except for transactional data we are legally obligated to retain for auditing purposes.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of Kenya. Disputes shall be resolved in the courts. Prior to formal litigation, both parties agree to attempt to resolve disputes through good-faith mediation.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes via email or an alert on your POS dashboard. Your continued use of the platform after such modifications constitutes your acceptance of the updated Terms.