Terms & Conditions

Effective Date: 1st October 2026
Service: ShopKichele Business Management & POS Platform

1. INTRODUCTION

These Terms and Conditions (“Terms”) govern your access to and use of the ShopKichele business management and point-of-sale platform (“ShopKichele”, “Service”, “we”, “us” or “our”).

By creating an account, subscribing to a paid plan, or otherwise using ShopKichele, you agree to these Terms, the ShopKichele Privacy Policy, and, where applicable, the ShopKichele Data Processing Agreement (“DPA”).

If you do not agree to these Terms, you must not create or use a ShopKichele account.

If you are registering or subscribing on behalf of a business or organisation, you confirm that you have authority to accept these Terms on that entity’s behalf.

2. DEFINITIONS

For purposes of these Terms:

“Account” means the ShopKichele user account created to access the Service.

“Business” means the business, organisation or entity registered on ShopKichele.

“Business Data” means information entered, uploaded, generated or stored by a customer through the Service, including product, inventory, sales, customer, supplier, staff, branch and business records.

“Customer”, “you” or “your” means the individual or legal entity subscribing to or using ShopKichele.

“Personal Data” has the meaning given to it under applicable Kenyan data protection law.

“Staff User” means an employee, contractor, agent or other person authorised by a Business to access ShopKichele.

“Subscription” means the paid or free subscription plan selected by a customer.

“Subscription Period” means the period for which a Subscription is active.

“Services” means the ShopKichele software, website, applications, features, infrastructure and related services made available by us.

“Third-Party Services” means services provided by third parties that integrate with or support ShopKichele, including payment, cloud hosting, messaging, analytics and other external services.

“Applicable Law” means laws and regulations applicable to the parties or the relevant processing or use of the Service.

3. THE SHOPKICHELE SERVICE

ShopKichele is a business management and point-of-sale platform designed to assist businesses with functions including:

Sales management.
Inventory management.
Product management.
Customer management.
Staff management.
Branch management where supported by the selected plan.
Business reports.
Business records.
Other features introduced from time to time.

ShopKichele provides software tools to assist you in managing your business.

ShopKichele does not guarantee the profitability, success, legality, financial performance or commercial outcome of your business.

ShopKichele is not a substitute for professional accounting, tax, legal, financial or business advice.

4. ACCOUNT REGISTRATION

You must provide accurate, complete and current information when creating an account.

You are responsible for:

Maintaining the confidentiality of your login credentials.
Ensuring that only authorised persons access your account.
Keeping your account information accurate.
Protecting devices used to access ShopKichele.
Immediately reporting suspected unauthorised access.

You must not:

Impersonate another person or business.
Register an account using deliberately false information.
Create an account without appropriate authority.
Use another person’s credentials without permission.

5. BUSINESS ACCOUNTS AND STAFF ACCESS

The Business owner or authorised administrator is responsible for configuring users, roles and permissions appropriately.

ShopKichele provides technical access controls, but the customer remains responsible for determining which Staff Users should have access to particular information or functions.

The Business should promptly remove or restrict a Staff User when that person:

Leaves the Business.
Changes responsibilities.
Is dismissed or suspended.
Loses access to an authorised device.
Is suspected of unauthorised activity.
No longer requires ShopKichele access.

Staff Users must not share credentials, access accounts without authorisation, manipulate records improperly or attempt to bypass ShopKichele security controls.

6. SUBSCRIPTIONS AND PLANS

ShopKichele may offer different subscription plans, including Starter, Business and other plans introduced from time to time.

The applicable price, features, user limits, branch limits, storage limits and other restrictions will be displayed before subscription or upgrade.

A Subscription provides a limited, non-exclusive, non-transferable right to use the Service during the applicable Subscription Period.

ShopKichele may change plan features from time to time. Material changes affecting existing paid customers will be communicated where reasonably practicable.

7. BILLING AND PAYMENTS

Paid subscriptions are billed according to the billing interval displayed at the time of purchase.

Unless otherwise stated:

Prices are displayed in Kenyan Shillings (KES).
The applicable tax treatment will be displayed where required.
Payment must be successfully received for a paid Subscription to remain active.
Available payment methods may include M-Pesa and other payment providers supported by ShopKichele.

Where recurring payment functionality is available, you authorise ShopKichele or its authorised payment provider to request payment for future renewal periods in accordance with the applicable payment terms and authorisation process.

Where recurring payment functionality is not available or does not complete successfully, ShopKichele may require you to make the renewal payment manually.

8. SUBSCRIPTION RENEWAL

Unless cancelled before the renewal date, a paid Subscription may renew for another billing period.

The renewal date and applicable renewal price will be displayed through the Service or communicated to you.

A renewal may be unsuccessful if the payment method fails, the transaction is rejected or the payment provider is unavailable.

9. MID-CYCLE UPGRADES

A customer may upgrade from one plan to another during an active Subscription Period where the feature is available.

ShopKichele may calculate the upgrade charge on a prorated basis.

The calculation may consider:

The price of the existing plan.
The price of the new plan.
The unused portion of the existing Subscription Period.
The remaining portion of the billing period.

For example, if a customer moves from a KES 700 plan to a KES 1,200 plan part-way through a 30-day billing period, ShopKichele may credit the unused portion of the existing plan against the remaining-period cost of the new plan.

The upgraded features will normally become available after successful payment.

The following renewal will normally be charged at the full price of the new plan.

10. DOWNGRADES

A downgrade to a lower-priced plan may take effect at the beginning of the next Subscription Period.

ShopKichele may allow a downgrade to be scheduled in advance.

A downgrade may result in loss of access to features, users, branches, storage or other limits associated with the previous plan.

The customer remains responsible for ensuring that their Business Data is compatible with the limits of the new plan.

11. FAILED PAYMENTS AND GRACE PERIOD

If a renewal payment fails, ShopKichele may provide a grace period before restricting or suspending paid features.

Unless otherwise stated within the Service, the standard grace period may be three (3) days.

During a grace period, ShopKichele may:

Request payment again.
Send payment reminders.
Restrict selected features.
Prevent new transactions or other actions where reasonably necessary.

If payment remains outstanding after the grace period, ShopKichele may suspend paid access.

ShopKichele may vary the grace period where required by operational, technical or legal circumstances.

12. SUSPENSION FOR NON-PAYMENT

Where a Subscription has expired or payment remains outstanding after the applicable grace period, ShopKichele may suspend paid features.

Suspension does not automatically cancel unpaid amounts that have already become due.

Where applicable, access may be restored after successful payment.

ShopKichele may maintain limited account access for purposes such as payment, account administration or data export.

13. REFUNDS

Unless otherwise stated in a specific offer, subscription payments are generally non-refundable once the relevant Subscription Period has commenced.

Unused portions of a Subscription may not automatically be refundable.

However, ShopKichele may issue a refund, credit or adjustment where:

Required by applicable law.
A duplicate payment has occurred.
ShopKichele has made an error resulting in an incorrect charge.
ShopKichele voluntarily approves an exceptional refund.

Any refund policy displayed at the time of purchase forms part of the applicable subscription terms.

Nothing in this section limits rights that cannot legally be excluded.

14. PRICE CHANGES

ShopKichele may change subscription prices.

Where a price increase affects an existing recurring subscription, ShopKichele will provide reasonable advance notice before the new price applies to a subsequent billing period.

You may cancel the Subscription before the new price takes effect where you do not wish to continue.

15. CUSTOMER BUSINESS DATA

You retain ownership of Business Data that you provide to ShopKichele.

You grant ShopKichele the limited rights necessary to host, store, process, transmit, display and otherwise process Business Data solely to provide, secure, maintain and improve the Services as permitted by applicable law and the applicable Privacy Policy/DPA.

Customer-owned content may include:

Product information.
Product images.
Inventory records.
Sales records.
Customer information.
Supplier information.
Staff information.
Business name and branding.
Reports.
Business settings.
Other information entered by the customer.

You are responsible for ensuring that you have the necessary rights, permissions and lawful basis to provide information to ShopKichele.

16. DATA CONTROLLER AND DATA PROCESSOR ROLES

For personal data that a Business enters into ShopKichele for the Business’s own business purposes, the Business will generally determine the purposes and means of processing and may therefore act as the Data Controller.

ShopKichele may act as the Data Processor where it processes such personal data on behalf of the Business to provide the Services.

The parties’ respective obligations regarding such processing may be governed further by the ShopKichele Data Processing Agreement.

Nothing in these Terms removes any obligation imposed on either party by applicable data protection law.

ShopKichele may also act as a Data Controller for personal data that it processes for its own purposes, such as account administration, billing, security, support and legal compliance. These activities are described in the ShopKichele Privacy Policy.

17. DATA PROTECTION AND PRIVACY

ShopKichele will process personal data in accordance with applicable data protection law and the ShopKichele Privacy Policy.

The Privacy Policy explains, among other matters:

The personal data collected.
The purposes of processing.
Applicable legal bases.
Data recipients and service providers.
Data retention.
Data-subject rights.
Security measures.
International or cross-border transfers where applicable.
Cookies and analytics where applicable.
Payment and infrastructure providers.
Contact and complaint mechanisms.

Customers must not knowingly upload personal data to ShopKichele without an appropriate legal basis or authority.

18. DATA SUBJECT REQUESTS

Where ShopKichele processes personal data on behalf of a Business, the Business remains responsible for handling requests from its customers, employees and other data subjects, subject to the allocation of responsibilities in the DPA.

ShopKichele will provide reasonable assistance to the Business where required by applicable law and the DPA.

Data subjects may exercise applicable rights under Kenyan data protection law, including rights relating to information, access, objection, correction and deletion, subject to applicable legal limitations.

19. DATA SECURITY

ShopKichele will implement reasonable technical and organisational security measures designed to protect information processed through the Service.

Such measures may include appropriate access controls, authentication, encryption where appropriate, monitoring, backups, security testing and procedures designed to restore availability following technical incidents.

No internet-based system can be guaranteed to be completely secure.

Customers are responsible for maintaining secure passwords, controlling user access and protecting devices used to access ShopKichele.

20. SECURITY INCIDENTS AND DATA BREACHES

A security incident includes an actual or reasonably suspected event that compromises the confidentiality, integrity or availability of information or the ShopKichele Service.

Where ShopKichele becomes aware of a personal data breach affecting personal data processed on behalf of a Business, ShopKichele will notify the affected customer without undue delay and, where reasonably practicable, within the period specified in the applicable DPA.

Where applicable, the notification will provide reasonably available information concerning:

The nature of the incident.
The categories of information affected.
The likely consequences.
Measures taken or proposed to address the incident.
Measures recommended to reduce potential harm.
A contact point for further information.

The Business remains responsible for determining and carrying out notifications to its data subjects and regulatory authorities where required by law, with ShopKichele providing reasonable assistance as required.

ShopKichele may delay or limit information where disclosure would compromise security, an investigation, another person’s rights, or a legal requirement.

21. DATA BACKUPS

ShopKichele will take reasonable measures to maintain backups and recoverability of Business Data where appropriate.

However, backups do not constitute a guarantee against all forms of data loss.

Customers should maintain appropriate independent records of critical business information.

ShopKichele will not be responsible for loss caused by circumstances that cannot reasonably be prevented or recovered from, subject to applicable law and the liability provisions of these Terms.

22. DATA EXPORT AFTER TERMINATION

Following termination or expiry of a paid Subscription, ShopKichele will generally provide the customer with thirty (30) days to access or export available Business Data, subject to technical availability and applicable law.

Where supported, export may be provided in a commercially reasonable format such as CSV, Excel, JSON or another format made available by ShopKichele.

After the applicable export period, ShopKichele may delete or anonymise Business Data, except where retention is required by law, necessary for legitimate legal or security purposes, or otherwise permitted by applicable law.

Customers are responsible for exporting information they require before the applicable deletion period expires.

23. ACCEPTABLE USE

You must not use ShopKichele to:

Commit or facilitate fraud.
Conduct unlawful activities.
Attempt unauthorised access.
Introduce malware or harmful code.
Attack or interfere with ShopKichele infrastructure.
Circumvent subscription limits.
Circumvent payment requirements.
Abuse APIs or automated systems.
Reverse engineer the Service except where permitted by law.
Use another person’s account without authorisation.
Interfere with another customer’s use of ShopKichele.

24. ENFORCEMENT AND SUSPENSION FOR MISUSE

ShopKichele may take proportionate action when these Terms are violated.

Immediate suspension may apply where necessary to protect the Service or users, including suspected:

Hacking.
Malware distribution.
Credential abuse.
Infrastructure attacks.
Serious fraud.
Illegal activity creating an immediate risk.
Deliberate attempts to bypass security.

For ordinary contractual violations that can reasonably be corrected, ShopKichele may provide notice and a reasonable opportunity to remedy the violation before suspension.

Nothing prevents ShopKichele from taking immediate action where required to protect users, data, infrastructure or comply with law.

25. BUSINESS RECORDS AND TRANSACTION ACCURACY

ShopKichele provides tools for recording business transactions.

You remain responsible for verifying information entered into the system, including:

Product prices.
Quantities.
Discounts.
Taxes.
Customer information.
Sales records.
Stock adjustments.
Staff activity.
Reports and business records.

ShopKichele should not be treated as a substitute for professional accounting, tax, legal or financial advice.

26. TAXES AND LEGAL COMPLIANCE

You remain responsible for complying with laws and regulatory requirements applicable to your Business.

This may include:

Tax obligations.
Invoicing requirements.
Electronic tax requirements.
Employment obligations.
Consumer protection.
Data protection.
Licensing requirements.
Other industry-specific requirements.

Where ShopKichele provides tax, invoicing or e-invoicing functionality, you remain responsible for reviewing and verifying the information submitted or generated.

27. THIRD-PARTY SERVICES

ShopKichele may rely on or integrate with Third-Party Services, including:

Payment providers.
Cloud infrastructure providers.
Messaging services.
Analytics providers.
Authentication services.
Other technology providers.

Third-Party Services may have their own terms and privacy policies.

ShopKichele is not responsible for failures caused solely by a third party outside ShopKichele’s reasonable control.

Where third-party processing involves personal data, applicable privacy and data-processing requirements will be addressed through the Privacy Policy and, where applicable, the DPA.

28. INTELLECTUAL PROPERTY

ShopKichele’s software, source code, user interface, database structure, algorithms, designs, documentation, branding, trademarks, logos and underlying technology are owned by or licensed to MANU CREATIONS, trading as ShopKichele.

Customers do not acquire ownership of ShopKichele intellectual property by subscribing to or using the Service.

You must not copy, sell, distribute, sublicense or commercially exploit ShopKichele intellectual property without written authorisation, except where permitted by law.

29. CUSTOMER INTELLECTUAL PROPERTY

Customers retain ownership of their own intellectual property and content uploaded to ShopKichele.

This may include:

Business names.
Logos.
Product images.
Product descriptions.
Customer records.
Business documents.
Other customer-created content.

You grant ShopKichele only the permissions reasonably necessary to provide the Service.

30. CONFIDENTIALITY

Each party agrees to use reasonable measures to protect confidential information received from the other party.

Confidential information does not include information that:

Is already publicly available without breach.
Was lawfully known before disclosure.
Is independently developed without use of confidential information.
Must be disclosed by law or lawful authority.

Where disclosure is legally required, the receiving party may disclose the required information and, where legally permitted, provide reasonable notice to the other party.

31. SERVICE AVAILABILITY

ShopKichele aims to provide a reliable Service but does not guarantee uninterrupted or error-free availability.

The Service may be temporarily unavailable because of:

Scheduled maintenance.
Software updates.
Infrastructure failures.
Internet or telecommunications failures.
Third-party failures.
Security incidents.
Natural disasters.
Government actions.
Widespread infrastructure failures.
Other circumstances beyond reasonable control.

32. FORCE MAJEURE

Neither party will be responsible for failure or delay in performing obligations caused by circumstances beyond reasonable control, including natural disasters, war, civil unrest, government action, major telecommunications failures, cloud infrastructure failures, widespread cyber incidents or other events that could not reasonably have been prevented.

The affected party should take reasonable steps to minimise the effect of the event.

33. TERMINATION BY THE CUSTOMER

You may cancel your Subscription using the cancellation mechanism provided by ShopKichele.

Unless otherwise stated, cancellation will normally prevent the next renewal while allowing continued use until the end of the current paid Subscription Period.

Cancellation does not automatically waive amounts already due.

34. SUSPENSION OR TERMINATION BY SHOPKICHELE

ShopKichele may suspend or terminate an Account or Subscription where reasonably necessary because:

Payment remains unpaid.
These Terms have been materially violated.
The Service is being used fraudulently or unlawfully.
The Account presents a material security risk.
The Service is being abused.
Required by law or lawful authority.
Continuing the Service would create a significant risk to ShopKichele, another customer or a third party.

Where reasonably practicable, ShopKichele will provide notice before termination or suspension.

Immediate suspension may occur where necessary to prevent serious harm, security compromise or unlawful activity.

35. EFFECT OF TERMINATION

Upon termination:

Your right to use the Service may end.
Outstanding fees remain payable.
Your access to Business Data may be subject to the export period described in Section 22.
ShopKichele may retain information where required by law or reasonably necessary for legal, security, accounting or dispute-resolution purposes.

The provisions concerning payment obligations, intellectual property, confidentiality, liability, dispute resolution and legally required data retention survive termination.

36. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, ShopKichele will not be liable for indirect, incidental, special, consequential or exemplary losses arising from use of the Service.

This may include loss of:

Profits.
Business opportunities.
Revenue.
Business interruption.
Data caused by circumstances outside ShopKichele’s reasonable control.
Loss resulting from inaccurate information entered by users.
Loss caused by compromised customer credentials.
Loss caused solely by Third-Party Services.

Subject to applicable law, the aggregate liability of ShopKichele arising out of or relating to the Service will not exceed the total subscription fees actually paid by the affected customer to ShopKichele during the twelve (12) months immediately preceding the event giving rise to the claim.

The liability cap does not apply to liability that cannot lawfully be limited or excluded.

Nothing in these Terms excludes liability for fraud, wilful misconduct, or any other liability that applicable law does not permit the parties to exclude or limit.

37. NO PROFESSIONAL ADVICE

ShopKichele is a technology platform.

Information, reports, calculations or features provided through ShopKichele do not constitute legal, tax, accounting, financial or professional advice unless expressly stated otherwise.

You should obtain appropriate professional advice where necessary.

38. CHANGES TO THESE TERMS

ShopKichele may update these Terms from time to time.

Where a material change affects your rights or obligations, ShopKichele will provide reasonable notice through the application, email or another appropriate communication method where practicable.

The updated Terms will state their effective date.

Continued use of ShopKichele after the effective date may constitute acceptance of the updated Terms to the extent permitted by law.

39. NOTICES

ShopKichele may provide notices through:

Email.
In-application notifications.
Account notifications.
The ShopKichele website.
Other electronic communication methods associated with your Account.

You are responsible for keeping your contact information current.

Formal notices from customers to ShopKichele should be sent through the official contact details provided in the Service or these Terms.

40. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Republic of Kenya.

If a dispute arises, the parties should first attempt to resolve it through good-faith discussions.

Where appropriate, the parties may attempt mediation before commencing formal proceedings.

If the dispute cannot be resolved amicably, either party may refer the matter to a competent court in Kenya or another dispute-resolution forum agreed by the parties.

Nothing prevents a party from seeking urgent legal relief where necessary.

41. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision will be modified or severed to the minimum extent necessary, and the remaining provisions will continue in effect.

42. WAIVER

Failure by either party to enforce a provision of these Terms does not constitute a permanent waiver of the right to enforce that provision later.

43. ENTIRE AGREEMENT

These Terms, together with:

The ShopKichele Privacy Policy;
The ShopKichele Data Processing Agreement, where applicable;
The applicable Subscription and pricing information; and
Any other agreement expressly incorporated into these Terms,

constitute the agreement governing your use of ShopKichele.

If there is a conflict between these documents, the applicable document will prevail according to the order and subject matter specified within it.

44. ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without prior written authorisation from ShopKichele, except where permitted by applicable law.

ShopKichele may transfer its rights or obligations in connection with a merger, acquisition, restructuring or transfer of the relevant business, provided that applicable legal requirements are satisfied.

45. NO PARTNERSHIP OR AGENCY

Using ShopKichele does not create a partnership, joint venture, employment, agency or other representative relationship between you and ShopKichele.

Neither party has authority to bind the other unless expressly authorised in writing.

46. CONTACT

For questions, complaints, privacy matters or support, contact ShopKichele using the official contact details displayed within the application or on the official ShopKichele website.

Provider / Legal Entity: MANU CREATIONS
Trading Name: ShopKichele
Email: manucreations36@gmail.com
Phone: 0791511386
Address: PO BOX 88787-80100, MOMBASA

Privacy and data protection enquiries may be sent to the email address or phone number above.

47. REGISTRATION ACCEPTANCE

When registering, you must actively accept these Terms and the ShopKichele Privacy Policy by ticking the acceptance box:

☐ I have read and agree to the ShopKichele Terms & Conditions and Privacy Policy.

If you are registering a Business, you must also confirm:

☐ I confirm that I am authorised to register this Business and accept these Terms on its behalf.

Registration cannot be completed without accepting these Terms and the Privacy Policy.

ShopKichele keeps a record of your acceptance, which may include:

User ID.
Business ID, where applicable.
Date and time of acceptance.
Terms version accepted.
Privacy Policy version accepted.
IP address or other appropriate audit information, where lawfully collected.
Relevant subscription information.