Terms of Use

These Terms of Use govern your access to and use of the LimaPOS Tours application (the “Service”), a booking, scheduling and accounting application for tour and activity operators. By creating an account or using the Service, you agree to these terms. If you do not agree, do not use the Service.

1. Accounts and eligibility

You must provide accurate and complete information when creating an account, and keep it up to date. An account is registered to a business, and the person who creates it is treated as that business’s owner. You must be authorised to accept these terms on behalf of the business you register.

2. Your responsibilities for your account

• You are responsible for keeping your password and any two-factor authentication method confidential, and for all activity that occurs under your account.
• You are responsible for the staff and users you invite into your account, and for the access levels you grant them.
• You must notify us promptly if you believe your account has been accessed without authorisation.
• You are responsible for the accuracy, legality and quality of the data you enter, including customer records, bookings, invoices and accounting entries.

3. Acceptable use

You agree to use the Service only for lawful business purposes. You must not:

• Use the Service to store or transmit unlawful, fraudulent, defamatory or infringing content, or to process data you have no right to process.
• Attempt to gain unauthorised access to the Service, another business’s account or data, or any underlying system or network.
• Probe, scan or test the vulnerability of the Service, or circumvent authentication, rate limiting or any other security or access control.
• Interfere with or disrupt the integrity or performance of the Service, including by automated request volume that degrades it for others.
• Reverse engineer, decompile or copy any part of the Service, or resell, sublicense or make it available to a third party except as expressly permitted.
• Use the Service to send unsolicited bulk messages, or to impersonate any person or organisation.

4. Your data and content

You retain ownership of the data you enter into the Service. You grant us the limited right to host, process, transmit and display that data solely to operate and support the Service for you. Our handling of personal data is described in the Privacy Policy.

5. Service availability and changes

We aim to keep the Service available and reliable, but it is provided on an “as is” and “as available” basis. We do not warrant that it will be uninterrupted, error-free, or that it will meet every requirement of your business. We may modify, add or remove features, and may suspend availability for maintenance, upgrades or reasons outside our reasonable control.

6. Limitations of the Service

The Service includes bookkeeping, invoicing, tax-related and reporting features. These are tools that record and present the information you and your staff enter. They are not accounting, tax, legal or financial advice, and they do not replace your own review or that of a qualified professional. You remain solely responsible for:

• Verifying the accuracy of your books, invoices, tax figures and reports before you rely on, file or issue them.
• Meeting your own statutory, tax, licensing and record-keeping obligations.
• Maintaining your own copies of records where you are required to do so.

7. Fees and plans

Where the Service is offered on a paid plan, access to paid features depends on your plan being in good standing. Plan details, limits and prices are those shown at the time you subscribe. If a payment is not received, access to some or all features may be restricted until the account is brought back into good standing.

8. Disclaimer of warranties

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising out of course of dealing or usage of trade.

9. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profits, revenue, goodwill, business opportunity, or loss or corruption of data, arising out of or relating to your use of or inability to use the Service, whether based in contract, tort, negligence, strict liability or otherwise, and whether or not we have been advised of the possibility of such damages.

10. Indemnity

You agree to indemnify and hold us harmless from any claim, demand, loss or expense arising out of your data, your use of the Service in breach of these terms, or your violation of any law or of the rights of a third party.

11. Suspension and termination of access

You may stop using the Service and close your account at any time. We may suspend or terminate access to an account, in whole or in part, where:

• these terms are breached, including the acceptable use rules above;
• the account is used in a way that risks harm to other users, to third parties, or to the security or integrity of the Service;
• we are required to do so by law; or
• fees due for a paid plan remain unpaid.

Where circumstances reasonably allow, we will aim to give notice before suspending an account, and to give you a reasonable opportunity to export your data before it is deleted. On termination, your right to access the Service ends, and data associated with the account may be deleted after any retention period described in the Privacy Policy.

12. Intellectual property

The Service, including its software, design, and trade marks, remains our property or that of our licensors. Nothing in these terms transfers any of those rights to you beyond the limited right to use the Service in accordance with these terms.

13. Changes to these terms

We may update these terms from time to time. When we do, we will revise the effective date at the top of this page. Material changes will be notified through the Service where reasonably practicable. Continuing to use the Service after a change takes effect means you accept the revised terms.

14. Governing law and jurisdiction

These terms, and any dispute arising out of or in connection with them or the Service, are governed by the laws of Kenya

15. General

If any provision of these terms is found unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will stay in full force. Our failure to enforce a provision is not a waiver of it. These terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.