Last updated: January 2026. Please read these terms carefully before using DukaDesk POS, SmartPOS, or any Josmart Technologies services.
By accessing or using the services provided by Josmart Technologies ("Company," "we," "us," or "our"), including DukaDesk POS, SmartPOS, and related websites, applications, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").
If you are using the Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you may not access or use the Services.
We reserve the right to modify these Terms at any time. Continued use of the Services after changes constitutes acceptance of the updated Terms.
Josmart Technologies provides technology solutions for small and medium-sized businesses in East Africa, including:
DukaDesk POS and SmartPOS are mobile point-of-sale applications designed for retail shops, salons, service businesses, and other small enterprises. These applications enable users to process transactions, manage inventory, track sales, and manage customer relationships.
We also provide related services including business analytics, inventory management tools, multi-branch management, customer support, and integration with payment systems such as M-Pesa.
The specific features available to you may vary depending on your subscription plan and may change over time as we continue to develop and improve our Services.
To use certain features of the Services, you must create an account. When registering, you agree to:
You may not share your account credentials with others or allow multiple users to access the Services through a single account unless authorized under your subscription plan. You are responsible for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.
DukaDesk POS and SmartPOS offer a free tier that provides access to core features at no cost. The free tier is subject to usage limits and feature restrictions as described in the product documentation. We reserve the right to modify free tier offerings at any time with reasonable notice.
Paid subscription plans unlock additional features, higher usage limits, and priority support. By selecting a paid plan, you agree to pay the applicable subscription fees. Fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select.
We accept payments via:
All payments are processed securely. Subscription fees are non-refundable except as required by applicable law. We reserve the change pricing with at least 30 days' advance notice.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this policy, including suspension or termination of access to the Services.
All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, audio, video, software, and design — are the exclusive property of Josmart Technologies or its licensors and are protected by copyright, trademark, and other intellectual property laws of Kenya.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes. This license does not include the right to:
Your business data — including transaction records, inventory lists, and customer information — remains your property. You grant us a limited license to process this data solely to provide the Services to you.
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Services, you consent to the collection and use of data as described in the Privacy Policy.
You are responsible for the accuracy and legality of the data you input into the Services. You retain ownership of your business data and may request export or deletion of your data at any time, subject to applicable legal requirements.
We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for any activity under your account.
To the maximum extent permitted by applicable law, Josmart Technologies and its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for:
In no event shall our total aggregate liability exceed the amount you paid us in the twelve (12) months preceding the claim. The limitations in this section apply even if the remedy fails of its essential purpose.
The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You agree to indemnify, defend, and hold harmless Josmart Technologies and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:
Upon termination, your right to use the Services ceases immediately. We will make your data available for export for a reasonable period following termination, after which we may delete your data in accordance with our data retention policies.
You may cancel your account at any time by contacting us at contact@josmart.co.ke. Cancellation does not entitle you to a refund of prepaid fees unless required by applicable law.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Any legal proceedings arising out of or relating to these Terms or the Services shall be conducted in the courts of Kenya.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Josmart Technologies to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties shall first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate mediation.
If mediation fails to resolve the dispute, either party may submit the dispute to binding arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya. The arbitration shall be conducted in English, and the decision of the arbitrator(s) shall be final and binding.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.
We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email, through a notification in the Services, or by posting the updated Terms on our website with a revised "Last updated" date.
Your continued use of the Services after any changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services and, if applicable, cancel your subscription.
If you have any questions about these Terms of Service, please contact us: