Terms of Service

Last updated: 18 September 2026

These Terms of Service ("Terms") form a binding agreement between you and Nextune Solutions ("we", "us", or "our") for your use of Nextune POS (the "Service"). By opening an account or using the Service, you accept these Terms. If you do not agree, please do not use the Service.

1. Our commitment to you

We provide Nextune POS so that you can run your business with clarity and confidence. We will act in good faith, treat your information with care, and deal with you fairly. Where something goes wrong on our side, we will work with you promptly to put it right.

2. Who may use the Service

You must have legal capacity to contract. If you use the Service on behalf of a business, you confirm that you are authorised to bind that business. The Service is for lawful commercial use only.

3. Your account

Keep your login details secure and tell us without delay if you suspect unauthorised access. You are responsible for activity under your account, except where that activity results from our failure to take reasonable security measures.

Information you give us about yourself and your business must be accurate and kept reasonably up to date.

4. Your business and your customers

You remain responsible for how you serve your own customers, including pricing, tax, receipts, refunds, and compliance with consumer and data-protection law that applies to you.

Data you enter about your business and customers belongs to you. We process it only to provide the Service and as described in our Privacy Policy. We will not sell your customer lists or use them to compete with you.

5. Fees, renewals, and refunds

Charges for paid plans are shown before you subscribe. Unless a promotion says otherwise, fees are billed in advance for the chosen period.

If we change prices, we will give you reasonable notice before the new rate applies to a renewal. You may cancel before renewal if you do not accept the change.

Where Kenyan law or other mandatory law requires a refund, or where we have failed to provide the Service as agreed, we will refund you fairly and without unnecessary delay. Discretionary goodwill refunds may also be offered in appropriate cases.

If payment fails, we may pause access after notice. We prefer to resolve billing issues with you before suspending the Service.

6. Fair use

Use the Service lawfully and respectfully. You must not harm the Service, other customers, or any person’s rights; upload unlawful content; or attempt unauthorised access to systems or data that are not yours.

We may take proportionate action—including warnings, temporary suspension, or termination—if these rules are breached. We will explain our reasons where it is lawful and practical to do so.

7. Availability and support

We aim for reliable availability and will take reasonable steps to maintain and restore the Service. Brief interruptions for maintenance or circumstances beyond our reasonable control may occur. We will communicate significant planned downtime where practicable.

Support is available through the channels we publish (including email). We will respond within a reasonable time having regard to the urgency of your request.

8. Intellectual property

Nextune POS, our name, and related materials belong to Nextune Solutions or our licensors. You receive a limited, non-exclusive right to use the Service while your subscription (or free access, if applicable) remains in good standing. You keep ownership of your own content and trademarks.

9. Liability — a balanced approach

Nothing in these Terms excludes or limits liability that cannot be excluded under Kenyan law or other mandatory law—including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence where such exclusion is unlawful.

Subject to that, neither party is liable to the other for indirect or consequential loss (including lost profits or goodwill) that was not reasonably foreseeable when these Terms were accepted.

Our total liability arising out of or in connection with the Service in any twelve-month period is limited to the fees you paid us for the Service in that period (or, if you paid nothing, a fair nominal amount). This cap does not apply where mandatory law requires otherwise.

You agree to indemnify us against claims by third parties arising from your unlawful use of the Service or your breach of these Terms, except to the extent the claim is caused by our negligence or wilful misconduct.

10. Ending the relationship

You may stop using the Service and cancel at any time through your account or by contacting us. We will honour prepaid periods already paid for, subject only to lawful deductions.

We may end or suspend the Service for material breach, non-payment after notice, legal requirement, or serious risk to other users. Wherever possible we will give you notice and a chance to remedy.

On termination, your right to use the Service ends. We will, on reasonable request and within a reasonable time, allow you to export your data in a commonly usable form, subject to any retention we must keep by law. Surviving clauses (including privacy, liability, and governing law) continue to apply.

11. Changes to these Terms

We may update these Terms when the law or our practices require it. We will post the new version here and update the date above. For material changes that reduce your rights, we will give reasonable prior notice. If you continue to use the Service after the effective date, you accept the updated Terms—unless the law requires a fresh consent.

12. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya. The courts of Kenya have jurisdiction, without prejudice to any mandatory rights you may have as a consumer or small business under the law of your place of residence or establishment.

Before formal proceedings, we encourage you to contact us so that we may try to resolve any dispute amicably and in good faith.

For questions about these Terms, contact Nextune Solutions at info@nextunesolutions.com or +254 758 699801. Address: Nairobi, Kenya.