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Terms of Service

Last updated: April 06, 2026

These Terms of Service ("Terms") govern your access to and use of the website and services offered by Smart-Caisse ("Company", "we", "us", or "our") at http://www.smart-caisses.com (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Our Privacy Policy explains how we collect, use, and protect personal data. By using the Service, you also acknowledge our Privacy Policy.

1. Eligibility and accounts

You must be at least the age of majority in your jurisdiction (and at least 16 years old where our Service is offered) to use the Service. If you use the Service on behalf of a business, you represent that you have authority to bind that business.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use.

We may suspend or terminate accounts that violate these Terms, pose a security risk, or misuse the Service.

2. The Service

The Service includes cloud-based point-of-sale, billing, shop management, and related features we make available from time to time. We may modify, suspend, or discontinue any part of the Service with reasonable notice where practicable.

The Service is provided for lawful business purposes. You are responsible for your own compliance with applicable laws (including tax, consumer protection, and data protection laws) in your country or region, including where applicable: Congo - Kinshasa and the Democratic Republic of the Congo.

3. Acceptable use

You agree not to:

  • Use the Service in any way that violates applicable laws or regulations;
  • Infringe intellectual property or other rights of third parties;
  • Attempt to gain unauthorized access to the Service, other accounts, or our systems;
  • Interfere with or disrupt the Service or servers or networks connected to the Service;
  • Use the Service to transmit malware, spam, or deceptive or harmful content;
  • Scrape, data-mine, or automate access to the Service except as expressly permitted by us;
  • Resell or sublicense the Service without our written consent.

4. Your data and content

You retain ownership of data you submit to the Service (such as product catalogs, sales records, and customer information). You grant us a limited license to host, process, back up, and display such data solely to provide and improve the Service, as further described in our Privacy Policy.

You represent that you have all rights necessary to provide such data and that your use does not violate third-party rights.

5. Subscriptions, fees, and trials

Certain features may require a paid subscription or fees. Prices, billing cycles, and taxes (if any) will be presented at checkout or in your account. Unless stated otherwise, fees are non-refundable except as required by law or as we expressly agree in writing.

We may change fees with reasonable advance notice. Continued use after the effective date may constitute acceptance of new fees.

6. Intellectual property

The Service, including software, branding, documentation, and design, is owned by the Company or its licensors and is protected by intellectual property laws. Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you.

You may not copy, modify, distribute, sell, or reverse engineer any part of the Service except where mandatory law allows.

7. Third-party services

The Service may integrate with third parties (e.g. payment providers, maps, analytics). Their terms and privacy policies apply to your use of those services. We are not responsible for third-party services.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD 50), IF YOU HAVE NOT PAID US.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your data or content, or your violation of these Terms or applicable law.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Service or other users.

Upon termination, your right to use the Service ceases. Provisions that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnity, and governing law) will survive.

12. Governing law and disputes

These Terms are governed by the laws applicable in the Democratic Republic of the Congo, without regard to conflict-of-law principles, except where mandatory consumer protections in your country require otherwise.

Where permitted, you agree that courts located in Kinshasa, DRC, shall have exclusive jurisdiction over disputes arising from these Terms or the Service, subject to any mandatory rights you may have in your jurisdiction.

13. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. For material changes, we may provide additional notice (for example, by email or a notice in the Service). Your continued use after the effective date constitutes acceptance of the revised Terms, except where applicable law requires your explicit consent.

14. Contact

For questions about these Terms, contact us:

15. Entire agreement

These Terms, together with our Privacy Policy and any additional terms presented for specific features, constitute the entire agreement between you and the Company regarding the Service and supersede prior agreements on that subject.