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Terms of Service

Terms and Conditions of Use

Effective Date: 20th July, 2026
Product: SmartwaysPOS

These Terms and Conditions ("Terms") govern the use of SmartwaysPOS ("Software" or "Service"), a cloud-based point-of-sale platform developed and provided by the Company ("Company," "we," "our," or "us"). By registering for, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Software.

1. Grant of License

Subject to these Terms and receipt of all applicable payments, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use SmartwaysPOS solely for your internal business operations.

This license does not transfer ownership of the Software or any intellectual property rights.

You may not:

  • Sell, sublicense, lease, rent, or distribute the Software.
  • Copy any part of the Software except where permitted by law.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code.
  • Modify, adapt, or create derivative works without prior written permission from the Company.
  • Use the Software to provide services to third parties without written authorization.

2. Account Registration, Subscription and Payment

Use of SmartwaysPOS requires payment of the applicable subscription fees.

By registering for and using the Software, you confirm that you have evaluated its features and determined that it meets your business requirements.

Unless otherwise agreed in writing:

  • All payments are final.
  • Payments are non-refundable.
  • Failure to renew subscriptions may result in suspension or termination of online services.
  • Outstanding balances remain payable even if services are suspended.

The Company reserves the right to suspend access to premium features or cloud services until all outstanding fees have been settled.

3. Customer Responsibilities

You agree to:

  • Provide accurate registration information.
  • Keep your login credentials secure.
  • Restrict unauthorized access to your account.
  • Ensure your computer systems, printers, networking equipment, and internet connection meet the minimum operating requirements.
  • Keep your operating systems and antivirus software reasonably updated.

You are solely responsible for all activities carried out using your account credentials.

4. Data Backup

The Customer is responsible for maintaining regular backups of all business data.

Although SmartwaysPOS may include backup or synchronization features, the Company does not guarantee that backups will always be available, complete, or recoverable.

The Company shall not be responsible for any loss, corruption, alteration, or deletion of data arising from:

  • Hardware failure
  • User error
  • Power outages
  • Internet interruptions
  • Third-party service failures
  • Malware or cyberattacks
  • Any other unforeseen circumstances

5. Technical Support and Software Updates

The Company may provide technical support, maintenance, updates, bug fixes, patches, and software enhancements.

Support services are provided according to the applicable support or maintenance plan purchased by the Customer.

Routine maintenance updates may be provided at no additional charge during an active subscription period.

Major feature releases, premium modules, custom integrations, or additional functionality may require separate licensing fees.

Nothing in these Terms obligates the Company to continue supporting any particular version indefinitely.

6. Account and Subscription Verification

As SmartwaysPOS is a cloud-based service, your access is verified as part of normal use each time you sign in — there is no separate offline activation step. The Company may use this to:

  • Confirm your subscription and account status
  • Deliver software updates and improvements automatically
  • Improve reliability and security
  • Detect unauthorized or fraudulent use

Where your subscription has lapsed or your account has been suspended in accordance with Section 2, access to the Software may be limited or unavailable until the matter is resolved.

7. Acceptable Use

You agree not to:

  • Use the Software for unlawful purposes.
  • Attempt to bypass licensing or security mechanisms.
  • Share your login credentials with unauthorized users.
  • Introduce malware, viruses, or malicious code.
  • Use automated tools to interfere with the Software.
  • Attempt unauthorized access to Company servers.
  • Use the Software in any manner that may damage the Company's systems or reputation.

8. Third-Party Services

Certain features of SmartwaysPOS may rely on third-party services including, but not limited to:

  • Payment gateways
  • SMS providers
  • Email providers
  • Cloud hosting services
  • Internet service providers
  • Hardware manufacturers

The Company is not responsible for interruptions, delays, pricing changes, or failures caused by these third-party services.

9. Intellectual Property

SmartwaysPOS, including its:

  • Source code
  • Object code
  • Database structure
  • User interface
  • Graphics
  • Logos
  • Documentation
  • APIs
  • Trademarks
  • Software architecture

remain the exclusive property of the Company and are protected under applicable intellectual property laws.

Purchasing a subscription grants only the right to use the Software and does not transfer ownership.

10. Disclaimer of Warranties

SmartwaysPOS is provided on an "as is" and "as available" basis.

While the Company makes reasonable efforts to maintain reliable operation and provide technical support, the Company does not warrant that the Software will:

  • Operate without interruption.
  • Be error-free.
  • Meet every customer's specific business requirements.
  • Be compatible with every hardware or software environment.
  • Be free from defects at all times.

To the fullest extent permitted by law, all express, implied, and statutory warranties—including implied warranties of merchantability, fitness for a particular purpose, and non-infringement—are expressly disclaimed.

11. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any:

  • Loss of profits
  • Loss of revenue
  • Loss of customers
  • Loss of business opportunities
  • Business interruption
  • Loss of goodwill
  • Loss or corruption of data
  • Indirect damages
  • Incidental damages
  • Consequential damages
  • Special or punitive damages

arising from the use of, or inability to use, SmartwaysPOS.

Where liability cannot legally be excluded, the Company's total liability shall not exceed the total amount paid by the Customer for the Software subscription during the twelve (12) months immediately preceding the event giving rise to the claim.

12. Force Majeure

The Company shall not be liable for delays or failure to perform its obligations where such delays or failures result from circumstances beyond its reasonable control, including but not limited to:

  • Natural disasters
  • Fire
  • Flood
  • Epidemics
  • Government actions
  • Internet outages
  • Power failures
  • Cyberattacks
  • Labor disputes
  • Civil unrest
  • War

13. Suspension and Termination

The Company may immediately suspend or terminate your access if:

  • Subscription fees remain unpaid.
  • You breach these Terms.
  • You misuse the Software.
  • Fraudulent or illegal activity is detected.
  • Unauthorized copying or distribution occurs.

Upon termination:

  • Your access immediately ends.
  • You must cease all use of the Software.
  • You must destroy any unauthorized copies of Software materials in your possession.
  • Certain online services may be permanently disabled.

Termination does not affect any outstanding payment obligations.

14. Privacy

The Company respects the privacy of its customers and will process personal information in accordance with applicable data protection laws and the Company's Privacy Policy.

Customers remain responsible for complying with all applicable privacy laws relating to the data they collect and process using SmartwaysPOS.

15. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Ghana.

Any dispute arising out of or relating to these Terms or the use of SmartwaysPOS shall be subject to the exclusive jurisdiction of the competent courts located in Accra, Ghana.

16. Changes to These Terms

The Company reserves the right to amend these Terms at any time.

Updated versions will become effective upon publication or notification to Customers.

Continued use of SmartwaysPOS after such changes constitutes acceptance of the revised Terms.

17. Entire Agreement

These Terms constitute the entire agreement between the Customer and the Company regarding the use of SmartwaysPOS and supersede all previous agreements, understandings, or representations relating to the Software.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Acknowledgment

By registering for, accessing, or using SmartwaysPOS, you confirm that you have read, understood, and agreed to be legally bound by these Terms and Conditions of Use.

If you do not agree to these Terms, you must discontinue use of the Software immediately.

© 2026 Smartways POS